PART VI
THE STATES152. Definition.- In this Part, unless the context otherwise requires, the expression "State" does not include the State of Jammu and Kashmir.
THE EXECUTIVE
Governor
153. Governors of States.- There shall be a Governor for each State:
[Provided that nothing in this article shall prevent the
appointment of the same person as Governor for two or more States.]
154. Executive power of State.- (1) The executive power of the State
shall be vested in the Governor and shall be exercised by him either
directly or through officers subordinate to him in accordance with
this Constitution. (2) Nothing in this article shall- (a) be deemed to transfer to the Governor any functions conferred by any
existing law on any other authority; or (b) prevent Parliament or the Legislature of the State from conferring
by law functions on any authority subordinate to the Governor.
155. Appointment of Governor.-
The Governor of a State shall be
appointed by the President by warant under his hand and seal.
156. Term of office of Governor.- (1) The Governor shall hold office
during the pleasure of the President. (2) The Governor may, by writing under his hand addressed to the
President, resign his office. (3) Subject to the foregoing provisions of this article, a Governor
shall hold office for a term of five years from the date on which he
enters upon his office: Provided that a Governor shall, notwithstanding the expiration of his
term, continue to hold office until his successor enters upon his
office.
157. Qualifications for appointment as Governor.-
No person shall be eligible for appointment as Governor unless he is a citizen of India and has completed the age of thirty-five years.
158. Conditions of Governor's office.- (1) The Governor shall not be
a member of either House of Parliament or of a House of the
Legislature of any State specified in the First Schedule, and if a
member of either House of Parliament or of a House of the Legislature
of any such State be appointed Governor, he shall be deemed to have
vacated his seat in that House on the date on which he enters upon his
office as Governor. (2) The Governor shall not hold any other office of profit. (3) The Governor shall be entitled without payment of rent to the use
of his official residences and shall be also entitled to such
emoluments, allowances and privileges as may be determined by
Parliament by law and, until provision in that behalf is so made, such
emoluments, allowances and privileges as are specified in the Second
Schedule. [(3A) Where the same person is appointed as Governor of two or
more States, the emoluments and allowances payable to the Governor
shall be allocated among the States in such proportion as the
President may by order determine.] (4) The emoluments and allowances of the Governor shall not be
diminished during his term of office.
159. Oath or affirmation by the Governor.-
Every Governor and every
person discharging the functions of the Governor shall, before
entering upon his office, make and subscribe in the presence of the
Chief Justice of the High Court exercising jurisdiction in relation to
the State, or, in his absence, the senior most Judge of that Court
available, an oath or affirmation in the following form, that is to
say- "I, A. B., do swear in the name of God/solemnly affirm that I will
faithfully execute the office of Governor (or discharge the functions
of the Governor) of .............(name of the State) and will to the
best of my ability preserve, protect and defend the Constitution and
the law and that I will devote myself to the service and well-being of
the people of .....(name of the State)."
160. Discharge of the functions of the Governor in certain
contingencies.- The President may make such provision as he thinks fit
for the discharge of the functions of the Governor of a State in any
contingency not provided for in this Chapter.
161. Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.-
The Governor of a State shall
have the power to grant pardons, reprieves, respites or remissions of
punishment or to suspend, remit or commute the sentence of any person
convicted of any offence against any law relating to a matter to which
the executive power of the State extends.
162. Extent of executive power of State.- Subject to the provisions
of this Constitution, the executive power of a State shall extend to
the matters with respect to which the Legislature of the State has
power to make laws: Provided that in any matter with respect to which the Legislature of a
State and Parliament have power to make laws, the executive power of
the State shall be subject to, and limited by, the executive power
expressly conferred by this Constitution or by any law made by
Parliament upon the Union or authorities thereof.
Council of Ministers
163. Council of Ministers to aid and advise Governor.-
(1) There
shall be a Council of Ministers with the Chief Minister at the head to
aid and advise the Governor in the exercise of his functions, except
in so far as he is by or under this Constitution required to exercise
his functions or any of them in his discretion. (2) If any question arises whether any matter is or is not a matter as
respects which the Governor is by or under this Constitution required
to act in his discretion, the decision of the Governor in his
discretion shall be final, and the validity of anything done by the
Governor shall not be called in question on the ground that he ought
or ought not to have acted in his discretion. (3) The question whether any, and if so what, advice was tendered by
Ministers to the Governor shall not be inquired into in any court.
164. Other provisions as to Ministers.-
(1) The Chief Minister shall
be appointed by the Governor and the other Ministers shall be
appointed by the Governor on the advice of the Chief Minster, and the
Ministers shall hold office during the pleasure of the Governor: Provided that in the States of Bihar, Madhya Pradesh and Orissa, there
shall be a Minister in charge of tribal welfare who may in addition be
in charge of the welfare of the Scheduled Castes and backward classes
or any other work. (2) The Council of Ministers shall be collectively responsible to the
Legislative Assembly of the State. (3) Before a Minister enters upon his office, the Governor shall
administer to him the oaths of office and of secrecy according to the
forms set out for the purpose in the Third Schedule. (4) A Minister who for any period of six consecutive months is not a
member of the Legislature of the State shall at the expiration of that
period cease to be a Minister. (5) The salaries and allowances of Ministers shall be such as the
Legislature of the State may from time to time by law determine and,
until the Legislature of the State so determines, shall be as
specified in the Second Schedule.
The Advocate-General for the State
165. Advocate-General for the State.-
(1) The Governor of each State
shall appoint a person who is qualified to be appointed a Judge of a
High Court to be Advocate-General for the State. (2) It shall be the duty of the Advocate-General to give advice to the
Government of the State upon such legal matters, and to perform such
other duties of a legal character, as may from time to time be
referred or assigned to him by the Governor, and to discharge the
functions conferred on him by or under this Constitution or any other
law for the time being in force. (3) The Advocate-General shall hold office during the pleasure of the
Governor, and shall receive such remuneration as the Governor may
determine.
Conduct of Government Buiseness
166. Conduct of business of the Government of a State.-
(1) All
executive action of the Government of a State shall be expressed to be
taken in the name of the Governor. (2) Orders and other instruments made and executed in the name of the
Governor shall be authenticated in such manner as may be specified in
rules to be made by the Governor, and the validity of an order or
instrument which is so authenticated shall not be called in question
on the ground that it is not an order or instrument made or executed
by the Governor. (3) The Governor shall make rules for the more convenient transaction
of the business of the Government of the State, and for the allocation
among Ministers of the said business in so far as it is not business
with respect to which the Governor is by or under this Constitution
required to act in his discretion. 167. Duties of Chief Minister as respects the furnishing of
information to Governor, etc.-
It shall be the duty of the Chief
Minister of each State- (a) to communicate to the Governor of the State all decisions of the
Council of Ministers relating to the administration of the affairs of
the State and proposals for legislation; (b) to furnish such information relating to the administration of the
affairs of the State and proposals for legislation as the Governor may
call for; and (c) if the Governor so requires, to submit for the consideration of the
Council of Ministers any matter on which a decision has been taken by a
Minister but which has not been considered by the Council.
General
168. Constitution of Legislatures in States.- (1) For every State
there shall be a Legislature which shall consist of the Governor, and- (a)in the States of Bihar,Maharashtra,Karnataka and Uttar Pradesh], two
Houses; (b) in other States, one House. (2) Where there are two Houses of the Legislature of a State, one
shall be known as the Legislative Council and the other as the
Legislative Assembly, and where there is only one House, it shall be
known as the Legislative Assembly.
169. Abolition or creation of Legislative Councils in States.- (1)
Notwithstanding anything in article 168, Parliament may by law provide
for the abolition of the Legislative Council of a State having such a
Council or for the creation of such a Council in a State having no
such Council, if the Legislative Assembly of the State passes a
resolution to that effect by a majority of the total membership of the
Assembly and by a majority of not less than two-thirds of the members
of the Assembly present and voting. (2) Any law referred to in clause (1) shall contain such provisions
for the amendment of this Constitution as may be necessary to give
effect to the provisions of the law and may also contain such
supplemental, incidental and consequential provisions as Parliament
may deem necessary. (3) No such law as aforesaid shall be deemed to be an amendment of
this Constitution for the purposes of article 368.
170. Composition of the Legislative Assemblies.-
(1) Subject to the provisions of article 333, the Legislative Assembly of each State shall consist of not more than five hundred, and not less than sixty, members chosen by direct election from territorial constituencies in the State.
(2) For the purposes of clause (1), each State shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the State.
[Explanation.-In this clause, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published:
Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year [2026] have been published, be construed as a reference to the [1991] census.]
(3) Upon the completion of each census, the total number of seats in the Legislative Assembly of each State and the division of each State into territorial constituencies shall be readjusted by such authority and in such manner as Parliament may by law determine:
Provided that such readjustment shall not affect representation in the Legislative Assembly until the dissolution of the then existing Assembly:]
[Provided further that such readjustment shall take effect from such date as the President may, by order, specify and until such readjustment takes effect, any election to the Legislative Assembly may be held on the basis of the territorial constituencies existing before such readjustment:
Provided also that until the relevant figures for the first census taken after the year [2026] have been published, it shall not be necessary to [readjust i) the total number of seats in the Legislative Assembly of each State as readjusted on the basis of the 1971 census; and ii) the division of such State into territorial constituencies as may be readjusted on the basis of the 1991 census, under this clause]
171. Composition of the Legislative Councils.- (1) The total number
of members in the Legislative Council of a State having such a Council
shall not exceed [one third] of the total number of members in the
Legislative Assembly of that State: Provided that the total number of members in the Legislative Council of
a State shall in no case be less than forty. (2) Until Parliament by law otherwise provides, the composition of the
Legislative Council of a State shall be as provided in clause (3). (3) Of the total number of members of the Legislative Council of a
State- (a) as nearly as may be, one-third shall be elected by electorates
consisting of members of municipalities, district boards and such
other local authorities in the State as Parliament may by law specify; (b) as nearly as may be, one-twelfth shall be elected by electorates
consisting of persons residing in the State who have been for at least
three years graduates of any university in the territory of India or
have been for at least three years in possession of qualifications
prescribed by or under any law made by Parliament as equivalent to
that of a graduate of any such university; (c) as nearly as may be, one-twelfth shall be elected by electorates
consisting of persons who have been for at least three years engaged
in teaching in such educational institutions within the State, not
lower in standard than that of a secondary school, as may be
prescribed by or under any law made by Parliament; (d) as nearly as may be, one-third shall be elected by the members of
the Legislative Assembly of the State from amongst persons who are not
members of the Assembly; (e) the remainder shall be nominated by the Governor in accordance
with the provisions of clause (5). (4) The members to be elected under sub-clauses (a), (b) and (c) of
clause (3) shall be chosen in such territorial constituencies as may
be prescribed by or under any law made by Parliament, and the
elections under the said sub-clauses and under sub-clause (d) of the
said clause shall be held in accordance with the system of
proportional representation by means of the single transferable vote. (5) The members to be nominated by the Governor under sub-clause (e)
of clause (3) shall consist of persons having special knowledge or
practical experience in respect of such matters as the following,
namely:- Literature, science, art, co-operative movement and social service. 172. Duration of State Legislatures.- (1) Every Legislative Assembly
of every State, unless sooner dissolved, shall continue for -132[five
years] from the date appointed for its first meeting and no longer and
the expiration of the said period of [five years] shall operate as
a dissolution of the Assembly: Provided that the said period may, while a Proclamation of Emergency
is in operation, be extended by Parliament by law for a period not
exceeding one year at a time and not extending in any case beyond a
period of six months after the Proclamation has ceased to operate. (2) The Legislative Council of a State shall not be subject to
dissolution, but as nearly as possible one-third of the members
thereof shall retire as soon as may be on the expiration of every
second year in accordance with the provisions made in that behalf by
Parliament by law. 173. Qualification for membership of the State Legislature.-
A person
shall not be qualified to be chosen to fill a seat in the Legislature
of a State unless he- [(a) is a citizen of India, and makes and subscribes before some
person authorised in that behalf by the Election Commission an oath or
affirmation according to the form set out for the purpose in the Third
Schedule;] (b) is, in the case of a seat in the Legislative Assembly, not less
than twenty-five years of age and, in the case of a seat in the
Legislative Council, not less than thirty years of age; and (c) possesses such other qualifications as may be prescribed in that
behalf by or under any law made by Parliament.
174. Sessions of the State Legislature, prorogation and
dissolution.-
(1) The Governor shall from time to time summon the
House or each House of the Legislature of the State to meet at such
time and place as he thinks fit, but six months shall not intervene
between its last sitting in one session and the date appointed for its
first sitting in the next session. (2) The Governor may from time to time- (a) prorogue the House or either House; (b) dissolve the Legislative Assembly.]
175. Right of Governor to address and send messages to the House or
Houses.- (1) The Governor may address the Legislative Assembly or, in
the case of a State having a Legislative Council, either House of the
Legislature of the State, or both Houses assembled together, and may
for that purpose require the attendance of members. (2) The Governor may send messages to the House or Houses of the
Legislature of the State, whether with respect to a Bill then pending
in the Legislature or otherwise, and a House to which any message is
so sent shall with all convenient dispatch consider any matter
required by the message to be taken into consideration. 176. Special address by the Governor.-
(1) At the commencement of [the first session after each general election to the Legislative
Assembly and at the commencement of the first session of each year],
the Governor shall address the Legislative Assembly or, in the case of
a State having a Legislative Council, both Houses assembled together
and inform the Legislature of the causes of its summons. (2) Provision shall be made by the rules regulating the procedure of
the House or either House for the allotment of time for discussion of
the matters referred to in such address.
177. Rights of Ministers and Advocate-General as respects the
Houses.- Every Minister and the Advocate-General for a State shall
have the right to speak in, and otherwise to take part in the
proceedings of, the Legislative Assembly of the State or, in the case
of a State having a Legislative Council, both Houses, and to speak in,
and otherwise to take part in the proceedings of, any committee of the
Legislature of which he may be named a member, but shall not, by
virtue of this article, be entitled to vote.
Officers of the State Legislature
178. The Speaker and Deputy Speaker of the Legislative Assembly.-
Every Legislative Assembly of a State shall, as soon as may be, choose
two members of the Assembly to be respectively Speaker and Deputy
Speaker thereof and, so often as the office of Speaker or Deputy
Speaker becomes vacant, the Assembly shall choose another member to be
Speaker or Deputy Speaker, as the case may be.
179. Vacation and resignation of, and removal from, the offices of
Speaker and Deputy Speaker.-
A member holding office as Speaker or
Deputy Speaker of an Assembly- (a) shall vacate his office if he ceases to be a member of the Assembly; (b) may at any time by writing under his hand addressed, if such
member is the Speaker, to the Deputy Speaker, and if such member is
the Deputy Speaker, to the Speaker, resign his office; and (c) may be removed from his office by a resolution of the Assembly
passed by a majority of all the then members of the Assembly: Provided that no resolution for the purpose of clause (c) shall be
moved unless at least fourteen days' notice has been given of the
intention to move the resolution: Provided further that, whenever the Assembly is dissolved, the Speaker
shall not vacate his office until immediately before the first meeting
of the Assembly after the dissolution.
(1) While the office
of Speaker is vacant, the duties of the office shall be performed by
the Deputy Speaker or, if the office of Deputy Speaker is also vacant,
by such member of the Assembly as the Governor may appoint for the
purpose.
(2) During the absence of the Speaker from any sitting of the Assembly
the Deputy Speaker or, if he is also absent, such person as may be
determined by the rules of procedure of the Assembly, or, if no such
person is present, such other person as may be determined by the
Assembly, shall act as Speaker.
181. The Speaker or the Deputy Speaker not to preside while a
resolution for his removal from office is under consideration.-
(1) At
any sitting of the Legislative Assembly, while any resolution for the
removal of the Speaker from his office is under consideration, the
Speaker, or while any resolution for the removal of the Deputy Speaker
from his office is under consideration, the Deputy Speaker, shall not,
though he is present, preside, and the provisions of clause (2) of
article 180 shall apply in relation to every such sitting as they
apply in relation to a sitting from which the Speaker or, as the case
may be, the Deputy Speaker, is absent. (2) The Speaker shall have the right to speak in, and otherwise to
take part in the proceedings of, the Legislative Assembly while any
resolution for his removal from office is under consideration in the
Assembly and shall, notwithstanding anything in article 189, be
entitled to vote only in the first instance on such resolution or on
any other matter during such proceedings but not in the case of an
equality of votes.
182. The Chairman and Deputy Chairman of the Legislative Council.-
The Legislative Council of every State having such Council shall, as
soon as may be, choose two members of the Council to be respectively
Chairman and Deputy Chairman thereof and, so often as the office of
Chairman or Deputy Chairman becomes vacant, the Council shall choose
another member to be Chairman or Deputy Chairman, as the case may be.
183. Vacation and resignation of, and removal from, the offices of
Chairman and Deputy Chairman.-
A member holding office as Chairman or
Deputy Chairman of a Legislative Council- (a) shall vacate his office if he ceases to be a member of the Council; (b) may at any time by writing under his hand addressed, if such
member is the Chairman, to the Deputy Chairman, and if such member is
the Deputy Chairman, to the Chairman, resign his office; and (c) may be removed from his office by a resolution of the Council
passed by a majority of all the then members of the Council: Provided that no resolution for the purpose of clause (c) shall be
moved unless at least fourteen days' notice has been given of the
intention to move the resolution.
184. Power of the Deputy Chairman or other person to perform the
duties of the office of, or to act as, Chairman.- (1) While the office
of Chairman is vacant, the duties of the office shall be performed by
the Deputy Chairman or, if the office of Deputy Chairman is also
vacant, by such member of the Council as the Governor may appoint for
the purpose. (2) During the absence of the Chairman from any sitting of the Council
the Deputy Chairman or, if he is also absent, such person as may be
determined by the rules of procedure of the Council, or, if no such
person is present, such other person as may be determined by the
Council, shall act as Chairman. 185. The Chairman or the Deputy Chairman not to preside while a
resolution for his removal from office is under consideration.-
(1) At
any sitting of the Legislative Council, while any resolution for the
removal of the Chairman from his office is under consideration, the
Chairman, or while any resolution for the removal of the Deputy
Chairman from his office is under consideration, the Deputy Chairman,
shall not, though he is present, preside, and the provisions of clause
(2) of article 184 shall apply in relation to every such sitting as
they apply in relation to a sitting from which the Chairman or, as the
case may be, the Deputy Chairman is absent. (2) The Chairman shall have the right to speak in, and otherwise to
take part in the proceedings of, the Legislative Council while any
resolution for his removal from office is under consideration in the
Council and shall, notwithstanding anything in article 189, be
entitled to vote only in the first instance on such resolution or on
any other matter during such proceedings but not in the case of an
equality of votes.
186. Salaries and allowances of the Speaker and Deputy Speaker and
the Chairman and Deputy Chairman.-
There shall be paid to the Speaker
and the Deputy Speaker of the Legislative Assembly, and to the
Chairman and the Deputy Chairman of the Legislative Council, such
salaries and allowances as may be respectively fixed by the
Legislature of the State by law and, until provision in that behalf is
so made, such salaries and allowances as are specified in the Second
Schedule.
187. Secretariat of State Legislature.-
(1) The House or each House
of the Legislature of a State shall have a separate secretarial staff: Provided that nothing in this clause shall, in the case of the
Legislature of a State having a Legislative Council, be construed as
preventing the creation of posts common to both Houses of such
Legislature. (2) The Legislature of a State may by law regulate the recruitment,
and the conditions of service of persons appointed, to the secretarial
staff of the House or Houses of the Legislature of the State. (3) Until provision is made by the Legislature of the State under
clause (2), the Governor may, after consultation with the Speaker of
the Legislative Assembly or the Chairman of the Legislative Council,
as the case may be, make rules regulating the recruitment, and the
conditions of service of persons appointed, to the secretarial staff
of the Assembly or the Council, and any rules so made shall have
effect subject to the provisions of any law made under the said
clause.
Conduct of Business
188. Oath or affirmation by members.-
Every member of the Legislative
Assembly or the Legislative Council of a State shall, before taking
his seat, make and subscribe before the Governor, or some person
appointed in that behalf by him, an oath or affirmation according to
the form set out for the purpose in the Third Schedule.
189. 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 a House of the
Legislature of a State shall be determined by a majority of votes of
the members present and voting, other than the Speaker or Chairman, or
person acting as such. The Speaker or Chairman, or person acting as such, shall not vote in
the first instance, but shall have and exercise a casting vote in the
case of an equality of votes. (2) A House of the Legislature of a State shall have power to act
notwithstanding any vacancy in the membership thereof, and any
proceedings in the Legislature of a State shall be valid
notwithstanding that it is discovered subsequently that some person
who was not entitled so to do sat or voted or otherwise took part in
the proceedings. (3) Until the Legislature of the State by law otherwise provides, the
quorum to constitute a meeting of a House of the Legislature of a
State shall be ten members or one-tenth of the total number of members
of the House, whichever is greater. (4) If at any time during a meeting of the Legislative Assembly or the
Legislative Council of a State there is no quorum, it shall be the
duty of the Speaker or Chairman, or person acting as such, either to
adjourn the House or to suspend the meeting until there is a quorum.
Disqualificatins of Members
190. Vacation of seats.-
(1) No person shall be a member of both
Houses of the Legislature of a State and provision shall be made by
the Legislature of the State by law for the vacation by a person who
is chosen a member of both Houses of his seat in one house or the
other. (2) No person shall be a member of the Legislatures of two or more
States specified in the First Schedule and if a person is chosen a
member of the Legislatures of two or more such States, then, at the
expiration of such period as may be specified in rules made by the
President, that person's seat in the Legislatures of all such States
shall become vacant, unless he has previously resigned his seat in the
Legislatures of all but one of the States. (3) If a member of a House of the Legislature of a State.- (a) becomes a subject to any of the disqualifications mentioned in [clause (1) or clause (2) of article 191]; or [(b) resigns his seat by writing under his hand addressed to the
speaker or the Chairman, as the case may be, and his resignation is
accepted by the Speaker or the Chairman, as the case may be,] his seat shall thereupon become vacant: [Provided that in the case of any resignation referred to in
sub-clause (b), if from information received or otherwise and after
making such inquiry as he thinks fit, the Speaker or the Chairman, as
the case may be, is satisfied that such resignation is not voluntary
or genuine, he shall not accept such resignation.] (4) If for a period of sixty days a member of a House of the
Legislature of a State is without permission of the House absent from
all meetings thereof, the House may declare his seat vacant: Provided that in computing the said period of sixty days no account
shall be taken of any period during which the House is prorogued or is
adjourned for more than four consecutive days.
191. Disqualifications for membership.-
(1) A person shall be
disqualifed for being chosen as, and for being, a member of the
Legislative Assembly or Legislative Council of a State- (a) if he holds any office of profit under the Government of India or
the Government of any State specified in the First Schedule, other
than an office declared by the Legislature of the State by law not to
disqualify its holder; (b) if he is of unsound mind and stands so declared by a competent
court; (c) if he is an undischarged insolvent; (d) if he is not a citizen of India, or has voluntarily acquired the
citizenship of a foreign State, or is under any acknowledgment of
allegiance or adherence to a foreign State; (e) if he is so disqualified by or under any law made by Parliament. [Explanation.-For the purposes of this clause], a person shall not
be deemed to hold an office of profit under the Government of India or
the Government of any State specified in the First Schedule by reason
only that he is a Minister either for the Union or for such State. [(2) A person shall be disqualified for being a member of the
Legislative Assembly or Legislative Council of a State if he is so
disqualified under the Tenth Schedule.]
192. Decision on questions as to disqualifications of members.-
(1) If any question arises as to whether a member of a House of the
Legislature of a State has become subject to any of the
disqualifications mentioned in clause (1) of article 191, the question
shall be referred for the decision of the Governor and his decision
shall be final.
(2) Before giving any decision on any such question, the Governor
shall obtain the opinion of the Election Commission and shall act
according to such opinion.
193. Penalty for sitting and voting before making oath or affirmation
under article 188 or when not qualified or when disqualified.-
If a person sits or votes as a member of the Legislative Assembly or the Legislative Council of a State before he has complied with the requirements of article 188, or when he knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by Parliament or the Legislature of the State, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the State.
Powers, Privileges, Immunities of State Legislature and thier Members
194. Powers, privileges, etc., of the Houses of Legislatures 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 the Legislature, there shall be freedom of speech in the
Legislature of every State. (2) No member of the Legislature of a State shall be liable to any
proceedings in any court in respect of anything said or any vote given
by him in the Legislature or any committee thereof, and no person
shall be so liable in respect of the publication by or under the
authority of a House of such a Legislature of any report, paper, votes
or proceedings. (3) In other respects, the powers, privileges and immunities of a
House of the Legislature of a State, and of the members and the
committees of a House of such Legislature, shall be such as may from
time to time be defined by the Legislature by law, and, until so
defined,[shall be those of that House and of its members and
committees immediately before the coming into force of section 26 of
the Constitution (Forty-fourth Amendment) Act, 1978]. (4) The provisions of clauses (1), (2) and (3) shall apply in relation
to persons who by virtue of this Constitution have the right to speak
in, and otherwise to take part in the proceedings of, a House of the
Legislature of a State or any committee thereof as they apply in
relation to members of that Legislature.
195. Salaries and allowances of members.-
Members of the Legislative Assembly and the Legislative Council of a State shall be entitled to receive such salaries and allowances as may from time to time be determined, by the Legislature of the State by law and, until provision in that respect is so made, salaries and allowances at such rates and upon such conditions as were immediately before the commencement of this Constitution applicable in the case of members of the Legislative Assembly of the corresponding Province.
Legislative Procedure
196. Provisions as to introduction and passing of Bills.-
(1) Subject
to the provisions of articles 198 and 207 with respect to Money Bills
and other financial Bills, a Bill may originate in either House of the
Legislature of a State which has a Legislative Council. (2) Subject to the provisions of articles 197 and 198, a Bill shall
not be deemed to have been passed by the Houses of the Legislature of
a State having a Legislative Council unless it has been agreed to by
both Houses, either without amemdment or with such amendments only as
are agreed to by both Houses. (3) A Bill pending in the Legislature of a State shall not lapse by
reason of the prorogation of the House or Houses thereof. (4) A Bill pending in the Legislative Council of a State which has not
been passed by the Legislative Assembly shall not lapse on a
dissolution of the Assembly. (5) A Bill which is pending in the Legislative Assembly of a State, or
which having been passed by the Legislative Assembly is pending in the
Legislative Council, shall lapse on a dissolution of the Assembly.
197. Restriction on powers of Legislative Council as to Bills other than Money Bills.-
(1) If after a Bill has been passed by the
Legislative Assembly of a State having a Legislative Council and
transmitted to the Legislative Council- (a) the Bill is rejected by the Council; or (b) more than three months elapse from the date on which the Bill is
laid before the Council without the Bill being passed by it; or (c) the Bill is passed by the Council with amendments to which the
Legislative Assembly does not agree; the Legislative Assembly may, subject to the rules regulating its
procedure, pass the Bill again in the same or in any subsequent
session with or without such amendments, if any, as have been made,
suggested or agreed to by the Legislative Council and then transmit
the Bill as so passed to the Legislative Council. (2) If after a Bill has been so passed for the second time by the
Legislative Assembly and transmitted to the Legislative Council- (a) the Bill is rejected by the Council; or (b) more than one month elapses from the date on which the Bill is laid
before the Council without the Bill being passed by it; or (c) the Bill is passed by the Council with amendments to which the
Legislative Assembly does not agree; the Bill shall be deemed to have been passed by the Houses of the
Legislature of the State in the form in which it was passed by the
Legislative Assembly for the second time with such amendments, if any,
as have been made or suggested by the Legislative Council and agreed
to by the Legislative Assembly. (3) Nothing in this article shall apply to a Money Bill.
198. Special procedure in respect of Money Bills.-
(1) A Money Bill
shall not be introduced in a Legislative Council. (2) After a Money Bill has been passed by the Legislative Assembly of
a State having a Legislative Council, it shall be transmitted to the
Legislative Council for its recommendations, and the Legislative
Council shall within a period of fourteen days from the date of its
receipt of the Bill return the Bill to the Legislative Assembly with
its recommendations, and the Legislative Assembly may thereupon either
accept or reject all or any of the recommendations of the Legislative
Council. (3) If the legislative Assembly accepts any of the recommendations of
the Legislative Council, the Money Bill shall be deemed to have been
passed by both Houses with the amendments recommended by the
Legislative Council and accepted by the Legislative Assembly. (4) If the Legislative Assembly does not accept any of the
recommendations of the Legislative Council, the Money Bill shall be
deemed to have been passed by both Houses in the form in which it was
passed by the Legislative Assembly without any of the amendments
recommended by the Legislative Council. (5) If a Money Bill passed by the Legislative Assembly and transmitted
to the Legislative Council for its recommendations is not returned to
the Legislative Assembly within the said period of fourteen days, it
shall be deemed to have been passed by both Houses at the expiration
of the said period in the form in which it was passed by the
Legislative Assembly.
199. Definition of "Money Bills".-
(1) For the purposes of this
Chapter, a Bill shall be deemed to be a Money Bill if it contains only
provisions dealing with all or any of the following matters, namely:- (a) the imposition, abolition, remission, alteration or regulation of
any tax; (b) the regulation of the borrowing of money or the giving of any
gurantee by the State, or the amendment of the law with respect to any
financial obligations undertaken or to be undertaken by the State; (c) the custody of the Consolidated Fund or the Contingency Fund of
the State, the payment of moneys into or the withdrawal of moneys from
any such Fund; (d) the appropriation of moneys out of the Consolidated Fund of the
State; (e) the declaring of any expenditure to be expenditure charged on the
Consolidated Fund of the State, or the increasing of the amount of any
such expenditure; (f) the receipt of money on account of the Consolidated Fund of the
State or the public account of the State or the custody or issue of
such money; or (g) any matter incidental to any of the matters specified in
sub-clauses (a) to (f). (2) A Bill shall not be deemed to be a Money Bill by reason only that
it provides for the imposition of fines or other pecuniary penalties,
or for the demand or payment of fees for licences or fees for services
rendered, or by reason that it provides for the imposition, abolition,
remission, alteration or regulation of any tax by any local authority
or body for local purposes. (3) If any question arises whether a Bill introduced in the
Legislature of a State which has a Legislative Council is a Money Bill
or not, the decision of the Speaker of the Legislative Assembly of
such State thereon shall be final. (4) There shall be endorsed on every Money Bill when it is transmitted
to the Legislative Council under article 198, and when it is presented
to the Governor for assent under article 200, the certificate of the
Speaker of the Legislative Assembly signed by him that it is a Money
Bill.
200. Assent to Bills.-
When a Bill has been passed by the Legislative
Assembly of a State or, in the case of a State having a Legislative
Council, has been passed by both Houses of the Legislature of the
State, it shall be presented to the Governor and the Governor shall
declare either that he assents to the Bill or that he withholds assent
therefrom or that he reserves the Bill for the consideration of the
President: Provided that the Governor may, as soon as possible after the
presentation to him of the Bill for assent, return the Bill if it is
not a Money Bill together with a message requesting that the House or
Houses will reconsider the Bill or any specified provisions thereof
and, in particular, will consider the desirability of introducing any
such amendments as he may recommend in his message and, when a Bill is
so returned, the House or Houses shall reconsider the Bill
accordingly, and if the Bill is passed again by the House or Houses
with or without amendment and presented to the Governor for assent,
the Governor shall not withhold assent therefrom: Provided further that the Governor shall not assent to, but shall
reserve for the consideration of the President, any Bill which in the
opinion of the Governor would, if it became law, so derogate from the
powers of the High Court as to endanger the position which that Court
is by this Constitution designed to fill.
201. Bills reserved for consideration.-
When a Bill is reserved by a
Governor for the consideration of the President, the President shall
declare either that he assents to the Bill or that he withholds assent
therefrom: Provided that, where the Bill is not a Money Bill, the President may
direct the Governor to return the Bill to the House or, as the case
may be, the Houses of the Legislature of the State together with such
a message as is mentioned in the first proviso to article 200 and,
when a Bill is so returned, the House or Houses shall reconsider it
accordingly within a period of six months from the date of receipt of
such message and, if it is again passed by the House or Houses with or
without amendment, it shall be presented again to the President for
his consideration.
Procedure in Financial Matters
202. Annual financial statement.-
(1) The Governor shall in respect
of every financial year cause to be laid before the House or Houses of
the Legislature of the State a statement of the estimated receipts and
expenditure of the State for that year, in this Part referred to as
the "annual financial statement". (2) The estimates of expenditure embodied in the annual financial
statement shall show separately- (a) the sums required to meet expenditure described by this
Constitution as expenditure charged upon the Consolidated Fund of the
State; and (b) the sums required to meet other expenditure proposed to be made
from the Consolidated Fund of the State; and shall distinguish expenditure on revenue account from other
expenditure. (3) The following expenditure shall be expenditure charged on the
Consolidated Fund of each State- (a) the emoluments and allowances of the Governor and other expenditure
relating to his office; (b) the salaries and allowances of the Speaker and the Deputy Speaker
of the Legislative Assembly and, in the case of a State having a
Legislative Council, also of the Chairman and the Deputy Chairman of
the Legislative Council; (c) debt charges for which the State is liable including interest,
sinking fund charges and redemption charges, and other expenditure
relating to the raising of loans and the service and redemption of
debt; (d) expenditure in respect of the salaries and allowances of Judges of
any High Court; (e) any sums required to satisfy any judgment, decree or award of any
court or arbitral tribunal; (f) any other expenditure declared by this Constitution, or by the
Legislature of the State by law, to be so charged.
203. Procedure in Legislature with respect to estimates.-
(1) So much
of the estimates as relates to expenditure charged upon the
Consolidated Fund of a State shall not be submitted to the vote of the
Legislative Assembly, but nothing in this clause shall be construed as
preventing the discussion in the Legislature of any of those
estimates. (2) So much of the said estimates as relates to other expenditure
shall be submitted in the form of demands for grants to the
Legislative Assembly, and the Legislative Assembly shall have power to
assent, or to refuse to assent, to any demand, or to assent to any
demand subject to a reduction of the amount specified therein. (3) No demand for a grant shall be made except on the recommendation
of the Governor.
204. Appropriation Bills.-
(1) As soon as may be after the grants
under article 203 have been made by the Assembly, there shall be
introduced a Bill to provide for the appropriation out of the
Consolidated Fund of the State of all moneys required to meet- (a) the grants so made by the Assembly; and (b) the expenditure charged on the Consolidated Fund of the State but
not exceeding in any case the amount shown in the statement previously
laid before the House or Houses. (2) No amendment shall be proposed to any such Bill in the House or
either House of the Legislature of the State which will have the
effect of varying the amount or altering the destination of any grant
so made or of varying the amount of any expenditure charged on the
Consolidated Fund of the State, and the decision of the person
presiding as to whether an amendment is inadmissible under this clause
shall be final. (3) subject to the provisions of articles 205 and 206, no money shall
be withdrawn from the Consolidated Fund of the State except under
appropriation made by law passed in accordance with the provisions of
this article.
205. Supplementary additional or excess grants.-
(1) The Governor
shall- (a) if the amount authorised by any law made in accordance with the
provisions of article 204 to be expended for a particular service for
the current financial year is found to be insufficient for the
purposes of that year or when a need has arisen during the current
financial year for supplementary or additional expenditure upon some
new service not contemplated in the annual financial statement for
that year, or (b) if any money has been spent on any service during a financial year
in excess of the amount granted for that service and for that year, cause to be laid before the House or the Houses of the Legislature of
the State another statement showing the estimated amount of that
expenditure or cause to be presented to the Legislative assembly of
the State a demand for such excess, as the case may be. (2) The provisions of articles 202, 203 and 204 shall have effect in
relation to any such statement and expenditure or demand and also to
any law to be made authorising the appropriation of moneys out of the
Consolidated Fund of the State to meet such expenditure or the grant
in respect of such demand as they have effect in relation to the
annual financial statement and the expenditure mentioned therein or to
a demand for a grant and the law to be made for the authorisation of
appropriation of moneys out of the Consolidated Fund of the State to
meet such expenditure or grant.
206. Votes on account, votes of credit and exceptional grants.-
(1)
Notwithstanding anything in the foregoing provisions of this Chapter,
the Legislative Assembly of a State shall have power- (a) to make any grant in advance in respect of the estimated
expenditure for a part of any financial year pending the completion of
the procedure prescribed in article 203 for the voting of such grant
and the passing of the law in accordance with the provisions of
article 204 in relation to that expenditure; (b) to make a grant for meeting an unexpected demand upon the
resources of the State when on account of the magnitude or the
indefinite character of the service the demand cannot be stated with
the details ordinarily given in an annual financial statement; (c) to make an exceptional grant which forms no part of the current
service of any financial year; and the Legislature of the State shall have power to authorise by law
the withdrawal of moneys from the Consolidated Fund of the State for
the purposes for which the said grants are made. (2) The provisions of articles 203 and 204 shall have effect in
relation to the making of any grant under clause (1) and to any law to
be made under that clause as they have effect in relation to the
making of a grant with regard to any expenditure mentioned in the
annual financial statement and the law to be made for the
authorisation of appropriation of moneys out of the Consolidated Fund
of the State to meet such expenditure. 207. Special provisions as to financial Bills.-
(1) A Bill or
amendment making provision for any of the matters specified in
sub-clauses (a) to (f) of clause (1) of article 199 shall not be
introduced or moved except on the recommendation of the Governor, and
a Bill making such provision shall not be introduced in a Legislative
Council: Provided that no recommendation shall be required under this clause
for the moving of an amendment making provision for the reduction or
abolition of any tax. (2) A Bill or amendment shall not be deemed to make provision for any
of the matters aforesaid by reason only that it provides for the
imposition of fines or other pecuniary penalties, or for the demand or
payment of fees for licences or fees for services rendered, or by
reason that it provides for the imposition, abolition, remission,
alteration or regulation of any tax by any local authority or body for
local purposes. (3) A Bill which, if enacted and brought into operation, would involve
expenditure from the Consolidated Fund of a State shall not be passed
by a House of the Legislature of the State unless the Governor has
recommended to that House the consideration of the Bill.
Procedure Genarally
208. Rules of procedure.-
(1) A House of the Legislature of a State
may make rules for regulating, subject to the provisions of this
Constitution, its procedure and the conduct of its business. (2) Until rules are made under clause (1), the rules of procedure and
standing orders in force immediately before the commencement of this
Constitution with respect to the Legislature for the corresponding
Province shall have effect in relation to the Legislature of the State
subject to such modifications and adaptations as may be made therein
by the Speaker of the Legislative Assembly, or the Chairman of the
Legislative Council, as the case may be. (3) In a State having a Legislative Council the Governor, after
consultation with the Speaker of the Legislative Assembly and the
Chairman of the Legislative Council, may make rules as to the
procedure with respect to communications between the two Houses.
209. Regulation by law of procedure in the Legislature of the State in relation to financial business.-
The Legislature of a State may, for the purpose of the timely completion of financial business, regulate by law the procedure of, and the conduct of business in, the House or Houses of the Legislature of the State in relation to any financial matter or to any Bill for the appropriation of moneys out of the Consolidated Fund of the State, and, if and so far as any provision of any law so made is inconsistent with any rule made by the House or either House of the Legislature of the State under clause (1) of article 208 or with any rule or standing order having effect in relation to the Legislature of the State under clause (2) of that article, such provision shall prevail.
210. Language to be used in the Legislature.-
(1) Notwithstanding
anything in Part XVII, but subject to the provisions of article 348,
business in the Legislature of a State shall be transacted in the
official language or languages of the State or in Hindi or in English: Provided that the Speaker of the Legislative Assembly or Chairman of
the Legislative Council, or person acting as such, as the case may be,
may permit any member who cannot adequately express himself in any of
the languages aforesaid to address the House in his mother-tongue. (2) Unless the Legislature of the State by law otherwise provides,
this article shall, after the expiration of a period of fifteen years
from the commencement of this Constitution, have effect as if the
words "or in English" were omitted therefrom: [Provided that in relation to the [Legislatures of the States
of Himachal Pradesh, Manipur, Meghalaya and Tripura] this clause shall
have effect as if for the words "fifteen years" occurring therein, the
words "twenty-five years" were substituted:] [Provided further that in relation to the [Legislatures of the
States of [Arunachal Pradesh, Goa and Mizoram]], this clause shall
have effect as if for the words "fifteen years" occurring therein, the
words "forty years" were substituted.] 211. Restriction on discussion in the Legislature.-
No discussion
shall take place in the Legislature of a State with respect to the
conduct of any Judge of the Supreme Court or of a High Court in the
discharge of his duties.
212. Courts not to inquire into proceedings of the Legislature.-
(1)
The validity of any proceedings in the Legislature of a State shall
not be called in question on the ground of any alleged irregularity of
procedure. (2) No officer or member of the Legislature of a State in whom powers
are vested by or under this Constitution for regulating procedure or
the conduct of business, or for maintaining order, in the Legislature
shall be subject to the jurisdiction of any court in respect of the
exercise by him of those powers.
213. Power of Governnor to promulgate Ordinances during recess of Legislature.-
(1) If at any time, except when the Legislative Assembly
of a State is in session, or where there is a Legislative Council in a
State, except when both Houses of the Legislature are in session, the
Governor is satisfied that circumstances exist which render it
necessary for him to take immediate action, he may promulgate such
Ordinances as the circumstances appear to him to require: Provided that the Governor shall not, without instructions from the
President, promulgate any such Ordinance if- (a) a Bill containing the same provisions would under this
Constitution have required the previous sanction of the President for
the introduction thereof into the Legislature; or (b) he would have deemed it necessary to reserve a Bill containing the
same provisions for the consideration of the President; or (c) an Act of the Legislature of the State containing the same
provisions would under this Constitution have been invalid unless,
having been reserved for the consideration of the President, it had
received the assent of the President. (2) An Ordinance promulgated under this article shall have the same
force and effect as an Act of the Legislature of the State assented to
by the Governor, but every such Ordinance- (a) shall be laid before the Legislative Assembly of the State, or
where there is a Legislative Council in the State, before both the
Houses, and shall cease to operate at the expiration of six weeks from
the reassembly of the Legislature, or if before the expiration of that
period a resolution disapproving it is passed by the Legislative
Assembly and agreed to by the Legislative Council, if any, upon the
passing of the resolution or, as the case may be, on the resolution
being agreed to by the Council; and (b) may be withdrawn at any time by the Governor. Explanation.- Where the Houses of the Legislature of a State having a
Legislative Council are summoned to reassemble on different dates, the
period of six weeks shall be reckoned from the later of those dates
for the purposes of this clause. (3) If and so far as an Ordinance under this article makes any
provision which would not be valid if enacted in an Act of the
Legislature of the State assented to by the Governor, it shall be
void: Provided that, for the purposes of the provisions of this Constitution
relating to the effect of an Act of the Legislature of a State which
is repugnant to an Act of Parliament or an existing law with respect
to a matter enumerated in the Concurrent List, an Ordinance
promulgated under this article in pursuance of instructions from the
President shall be deemed to be an Act of the Legislature of the State
which has been reserved for the consideration of the President and
assented to by him. 214. High Courts for States.-
There shall be a High Court for each State.
215. High Courts to be courts of record.-
Every High Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.
216. Constitution of High Courts.-
Every High Court shall consist of a Chief Justice and such other Judges as the President may from time to time deem it necessary to appoint.
217. Appointment and conditions of the office of a Judge of a High
Court.-
(1) Every Judge of a High Court shall be appointed by the
President by warrant under his hand and seal after consultation with
the Chief Justice of India, the Governor of the State, and, in the
case of appointment of a Judge other than the Chief Justice, the Chief
Justice of the High Court, and [shall hold office, in the case of
an additional or acting Judge, as provided in article 224, and in any
other case, until he attains the age of [sixty-two years]]: Provided that- (a) a Judge may, by writing under his hand addressed to the President,
resign his office; (b) a Judge may be removed from his office by the President in the
manner provided in clause (4) of article 124 for the removal of a
Judge of the Supreme Court; (c) the office of a Judge shall be vacated by his being appointed by
the President to be a Judge of the Supreme Court or by his being
transferred by the President to any other High Court within the
territory of India. (2) A person shall not be qualified for appointment as a Judge of a
High Court unless he is a citizen of India and- (a) has for at least ten years held a judicial office in the territory
of India; or Explanation.- For the purposes of this clause- [(a) in computing the period during which a person has held
judicial office in the territory of India, there shall be included any
period, after he has held any judicial office, during which the person
has been an advocate of a High Court or has held the office of a
member of a tribunal or any post, under the Union or a State,
requiring special knowledge of law;] [(aa)] in computing the period during which a person has been an
advocate of a High Court, there shall be included any period during
which the person [has held judicial office or the office of a
member of a tribunal or any post, under the Union or a State,
requiring special knowledge of law] after he became an advocate; (b) in computing the period during which a person has held judicial
office in the territory of India or been an advocate of a High Court,
there shall be included any period before the commencement of this
Constitution during which he has held judicial office in any area
which was comprised before the fifteenth day of August, 1947, within
India as defined by the Government of India Act, 1935, or has been an
advocate of any High Court in any such area, as the case may be. [(3) If any question arises as to the age of a Judge of a High
Court, the question shall be decided by the President after
consultation with the Chief Justice of India and the decision of the
President shall be final.]
218. Application of certain provisions relating to Supreme Court to
High Courts.-
(b) has for at least ten years been an advocate of a High Court or of two or more such Courts in succession;
The provisions of clauses (4) and (5) of article 124
shall apply in relation to a High Court as they apply in relation to
the Supreme Court with the substitution of references to the High
Court for references to the Supreme Court.
219. Oath or affirmation by Judges of High Courts.-
Every person appointed to be a Judge of a High Court shall, before he enters upon his office, make and subscribe before the Governor of the State, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.
220. Restriction on practice after being a permanent Judge.-
No
person who, after the commencement of this Constitution, has held
office as a permanent Judge of a High Court shall plead or act in any
court or before any authority in India except the Supreme Court and
the other High Courts. Explanation.- In this article, the expression "High Court" does not
include a High Court for a State specified in Part B of the First
Schedule as it existed before the commencement [of the
Constitution (Seventh Amendment) Act, 1956.
221. Salaries, etc., of Judges.-
[(1) There shall be paid to the
Judges of each High Court such salaries as may be determined by
Parliament by law and, until provision in that behalf is so made, such
salaries as are specified in the Second Schedule.] (2) Every Judge shall be entitled to such allowances and to such
rights in respect of leave of absence and pension as may from time to
time be determined by or under law made by Parliament and, until so
determined, to such allowances and rights as are specified in the
Second Schedule: Provided that neither the allowances of a Judge nor his rights in
respect of leave of absence or pension shall be varied to his
disadvantage after his appointment.
222. Transfer of a Judge from one High Court to another.-
(1) The
President may, after consultation with the Chief Justice of India,
transfer a Judge from one High Court to any other High Court. [(2) When a Judge has been or is so transferred, he shall, during
the period he serves, after the commencement of the Constitution
(Fifteenth Amendment) Act, 1963, as a Judge of the other High Court,
be entitled to receive in addition to his salary such compensatory
allowance as may be determined by Parliament by law and, until so
determined, such compensatory allowance as the President may by order
fix.]
223. Appointment of acting Chief Justice.-
When the office of Chief Justice of a High Court is vacant or when any such Chief Justice is, by reason of absence or otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such one of the other Judges of the Court as the President may appoint for the purpose.
224. Appointment of additional and acting Judges.-
(1) If by
reason of any temporary increase in the business of a High Court or by
reason of arrears of work therein, it appears to the President that
the number of the Judges of that Court should be for the time being
increased, the President may appoint duly qualified persons to be
additional Judges of the Court for such period not exceeding two years
as he may specify. (2) When any Judge of a High Court other than the Chief Justice is by
reason of absence or for any other reason unable to perform the duties
of his office or is appointed to act temporarily as Chief Justice, the
President may appoint a duly qualified person to act as a Judge of
that Court until the permanent Judge has resumed his duties. (3) No person appointed as an additional or acting Judge of a High
Court shall hold office after attaining the age of sixty-two
years.
224A. Appointment of retired Judges at sittings of High Courts.-
Notwithstanding anything in this Chapter, the Chief Justice of a High
Court for any State may at any time, with the previous consent of the
President, request any person who has held the office of a Judge of
that Court or of any other High Court to sit and act as a Judge of the
High Court for that State, and every such person so requested shall,
while so sitting and acting, be entitled to such allowances as the
President may by order determine and have all the jurisdiction, powers
and privileges of, but shall not otherwise be deemed to be, a Judge of
that High Court: Provided that nothing in this article shall be deemed to require any
such person as aforesaid to sit and act as a Judge of that High Court
unless he consents so to do.
225. Jurisdiction of existing High Courts.-
Subject to the provisions
of this Constitution and to the provisions of any law of the
appropriate Legislature made by virtue of powers conferred on that
Legislature by this Constitution, the jurisdiction of, and the law
administered in, any existing High Court, and the respective powers of
the Judges thereof in relation to the administration of justice in the
Court, including any power to make rules of Court and to regulate the
sittings of the Court and of members thereof sitting alone or in
Division Courts, shall be the same as immediately before the
commencement of this Constitution: [Provided that any restriction to which the exercise of original
jurisdiction by any of the High Courts with respect to any matter
concerning the revenue or concerning any act ordered or done in the
collection thereof was subject immediately before the commencement of
this Constitution shall no longer apply to the exercise of such
jurisdiction.]
[226. Power of High Courts to issue certain writs.-
(1)
Notwithstanding anything in article 32 every High Court shall
have power, throughout the territories in relation to which it
exercises jurisdiction, to issue to any person or authority, including
in appropriate cases, any Government, within those territories
directions, orders or writs, including [writs in the nature of
habeas corpus, mandamus, prohibition, quo warranto and certiorari, or
any of them, for the enforcement of any of the rights conferred by
Part III and for any other purpose.] (2) The power conferred by clause (1) to issue directions, orders or
writs to any Government, authority or person may also be exercised by
any High Court exercising jurisdiction in relation to the territories
within which the cause of action, wholly or in part, arises for the
exercise of such power, notwithstanding that the seat of such
Government or authority or the residence of such person is not within
those territories. [(3) Where any party against whom an interim order, whether by way
of injunction or stay or in any other manner, is made on, or in any
proceedings relating to, a petition under clause (1), without- (a) furnishing to such party copies of such petition and all documents
in support of the plea for such interim order; and (b) giving such party an opportunity of being heard, makes an application to the High Court for the vacation of such order
and furnishes a copy of such application to the party in whose favour
such order has been made or the counsel of such party, the High Court
shall dispose of the application within a period of two weeks from the
date on which it is received or from the date on which the copy of
such application is so furnished, whichever is later, or where the
High Court is closed on the last day of that period, before the expiry
of the next day afterwards on which the High Court is open; and if
the application is not so disposed of, the interim order shall, on the
expiry of that period, or, as the case may be, the expiry of the said
next day, stand vacated.] [(4)] The power conferred on a High Court by this article shall
not be in derogation of the power conferred on the Supreme Court by
clause (2) of article 32.
226A. [Constitutional validity of Central laws not to be
considered in proceedings under article 226.]
Rep. by the Constitution (Forty-third Amendment) Act, 1977, s. 8 (w.e.f. 13-4-1978).
227. Power of superintendence over all courts by the High Court.-
[(1) Every High Court shall have superintendence over all courts
and tribunals throughout the territories in relation to which it
exercises jurisdiction.] (2) Without prejudice to the generality of the foregoing provision,
the High Court may- (a) call for returns from such courts; (b) make and issue general rules and prescribe forms for regulating
the practice and proceedings of such courts; and (c) prescribe forms in which books, entries and accounts shall be kept
by the officers of any such courts. (3) The High Court may also settle tables of fees to be allowed to the
sheriff and all clerks and officers of such courts and to attorneys,
advocates and pleaders practising therein: Provided that any rules made, forms prescribed or tables settled under
clause (2) or clause (3) shall not be inconsistent with the provision
of any law for the time being in force, and shall require the previous
approval of the Governor. (4) Nothing in this article shall be deemed to confer on a High Court
powers of superintendence over any court or tribunal constituted by or
under any law relating to the Armed Forces.
228. Transfer of certain cases to High Court.-
If the High Court is
satisfied that a case pending in a court subordinate to it involves a
substantial question of law as to the interpretation of this
Constitution the determination of which is necessary for the disposal
of the case,[it shall withdraw the case and may-] (a) either dispose of the case itself, or (b) determine the said question of law and return the case to the
court from which the case has been so withdrawn together with a copy
of its judgment on such question, and the said court shall on receipt
thereof proceed to dispose of the case in conformity with such
judgment.
228A. [Special provisions as to disposal of questions relating
to constitutional validity of State laws.]
Rep. by the Constitution (Forty-third Amendment) Act, 1977, s. 10 (w.e.f. 13-4-1978).
229. Officers and servants and the expenses of High Courts.-
(1)Appointments of officers and servants of a High Court shall be made by
the Chief Justice of the Court or such other Judge or officer of the
Court as he may direct: Provided that the Governor of the State may by rule require
that in such cases as may be specified in the rule no person not
already attached to the Court shall be appointed to any office
connected with the Court save after consultation with the State Public
Service Commission. (2) Subject to the provisions of any law made by the Legislature of
the State, the conditions of service of officers and servants of a
High Court shall be such as may be prescribed by rules made by the
Chief Justice of the Court or by some other Judge or officer of the
Court authorised by the Chief Justice to make rules for the purpose: Provided that the rules made under this clause shall, so far as they
relate to salaries, allowances, leave or pensions, require the
approval of the Governor of the State. (3) The administrative expenses of a High Court, including all
salaries, allowances and pensions payable to or in respect of the
officers and servants of the Court, shall be charged upon the
Consolidated Fund of the State, and any fees or other moneys taken by
the Court shall form part of that Fund.
230. Extension of jurisdiction of High Courts to Union
territories.-
(1) Parliament may by law extend the jurisdiction of a
High Court to, or exclude the jurisdiction of a High Court from, any
Union territory. (2) Where the High Court of a State exercises jurisdiction in relation
to a Union territory,- (a) nothing in this Constitution shall be construed as empowering the
Legislature of the State to increase, restrict or abolish that
jurisdiction; and (b) the reference in article 227 to the Governor shall, in relation to
any rules, forms or tables for subordinate courts in that territory,
be construed as a reference to the President.
231. Establishment of a common High Court for two or more States.-
(1) Notwithstanding anything contained in the preceding provisions of
this Chapter, Parliament may by law establish a common High Court for
two or more States or for two or more States and a Union territory. (2) In relation to any such High Court,- (a) the reference in article 217 to the Governor of the State shall be
construed as a reference to the Governors of all the States in
relation to which the High Court exercises jurisdiction; (b) the reference in article 227 to the Governor shall, in relation to
any rules, forms or tables for subordinate courts, be construed as a
reference to the Governor of the State in which the subordinate courts
are situate; and (c) the references in articles 219 and 229 to the State shall be
construed as a reference to the State in which the High Court has its
principal seat: Provided that if such principal seat is in a Union territory, the
references in articles 219 and 229 to the Governor, Public Service
Commission, Legislature and Consolidated Fund of the State shall be
construed respectively as references to the President, Union Public
Service Commission, Parliament and Consolidated Fund of India.
233. Appointment of district judges.-
(1) Appointments of persons to
be, and the posting and promotion of, district judges in any State
shall be made by the Governor of the State in consultation with the
High Court exercising jurisdiction in relation to such State. (2) A person not already in the service of the Union or of the State
shall only be eligible to be appointed a district judge if he has been
for not less than seven years an advocate or a pleader and is
recommended by the High Court for appointment.
233A. Validation of appointments of, and judgments, etc.,
delivered by, certain district judges.-
Notwithstanding any judgment,
decree or order of any court,- (a) (i) no appointment of any person already in the judicial service
of a State or of any person who has been for not less than seven years
an advocate or a pleader, to be a district judge in that State, and (ii) no posting, promotion or transfer of any such person as a
district judge, made at any time before the commencement of the Constitution
(Twentieth Amendment) Act, 1966, otherwise than in accordance with the
provisions of article 233 or article 235 shall be deemed to be illegal
or void or ever to have become illegal or void by reason only of the
fact that such appointment, posting, promotion or transfer was not
made in accordance with the said provisions; (b) no jurisdiction exercised, no judgment, decree, sentence or order
passed or made, and no other act or proceeding done or taken, before
the commencement of the Constitution (Twentieth Amendment) Act, 1966
by, or before, any person appointed, posted, promoted or transferred
as a district judge in any State otherwise than in accordance with the
provisions of article 233 or article 235 shall be deemed to be illegal
or invalid or ever to have become illegal or invalid by reason only of
the fact that such appointment, posting, promotion or transfer was not
made in accordance with the said provisions.]
234. Recruitment of persons other than district judges to the
judicial service.-
Appointments of persons other than district judges
to the judicial service of a State shall be made by the Governor of
the State in accordance with rules made by him in that behalf after
consultation with the State Public Service Commission and with the
High Court exercising jurisdiction in relation to such State.
235. Control over subordinate courts.-
The control over district
courts and courts subordinate thereto including the posting and
promotion of, and the grant of leave to, persons belonging to the
judicial service of a State and holding any post inferior to the post
of district judge shall be vested in the High Court, but nothing in
this article shall be construed as taking away from any such person
any right of appeal which he may have under the law regulating the
conditions of his service or as authorising the High Court to deal
with him otherwise than in accordance with the conditions of his
service prescribed under such law.
236. Interpretation.-In this Chapter-
(a) the expression "district judge" includes judge of a city civil
court, additional district judge, joint district judge, assistant
district judge, chief judge of a small cause court, chief presidency
magistrate, additional chief presidency magistrate, sessions judge,
additional sessions judge and assistant sessions Judge; (b) the expression "judicial service" means a service consisting
exclusively of persons intended to fill the post of district judge and
other civil judicial posts inferior to the post of district judge.
237. Application of the provisions of this Chapter to certain class
or classes of magistrates.-
The Governor may by public notification
direct that the foregoing provisions of this Chapter and any rules
made thereunder shall with effect from such date as may be fixed by
him in that behalf apply in relation to any class or classes of
magistrates in the State as they apply in relation to persons
appointed to the judicial service of the State subject to such
exceptions and modifications as may be specified in the notification.