Sunday, August 11, 2019

Article of Indian Constitution -: part 1 - 10


Preamble -: 

Introduction -: {Preamble is a Introduction or preface of the constitution. It was introduced by Jawahar Lal Nehru on 13 Dec 1946 in constituent assembly as "OBJECTIVE RESOLUTION" . American Constitution was the first to begin with a Preamble.}

[["We, THE PEOPLE OF INDIA , having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure all its citizen: 

JUSTICE Social , Economic and Political.
LIBERTY  of thought and expression belief faith and worship. 
EQUALITY  of status and opportunity and to promote among them all 
FRATERNITY assuring the dignity of the individual and
the Unity & Integrity of the nation. 

in our Constituent assembly this 26th day November 1949 , do hereby ADOPT, ENACT and give to Ourselves this constitution. ]]

Note -: 
{ "SOVEREIGN" implies that India is neither a dependency nor a dominion of any other nation, but an independent state. 
"SOCIALIST" Indian brand of socialism is a ‘democratic socialism’ and not a ‘communistic socialism’. Supreme Court says, ‘Democratic socialism aims to end poverty, ignorance, disease and inequality of opportunity. 
"SECULAR" mean India will support al religion equally without having a state religion. It is different than meaning of Western secularism that say STATE & Religion will not interfere in each other. 
"DEMOCRATIC" Democracy is of two types—direct and indirect (also known as representative democracy). Indirect are two kinds—parliamentary and presidential. India adopted parliamentary democracy.
"REPUBLIC" mean government head will be elected by people of India. 

"JUSTICE" denotes the equal treatment of all citizens without any social distinction based on caste, colour, race, religion, sex and so on. It means absence of privileges being extended to any particular section of the society,
and improvement in the conditions of backward classes (SCs, STs and OBCs) and women. ideal of justice—social, economic and political—has been taken from the Russian Revolution (1917).
"LIBERTY" means the absence of restraints on the activities of individuals, and at the same time, providing opportunities for the development of individual personalities.
"EQUALITY" means the absence of special privileges to any section of the society, and the provision of adequate opportunities for all individuals without any discrimination. 
"FRATERNITY" means a sense of brotherhood.
ideals of liberty, equality and fraternity in our Preamble have been taken from the French Revolution (1789–1799).

Imp landmark judgement of Supreme court (SC) -: 

Berubari Union case (1960), the Supreme Court said that Preamble is not a part of the Constitution. So it can't amend under article 368. 

Kesavananda Bharati vs State of kerala case (1973)the Supreme Court rejected there earlier opinion and held that Preamble is a part of the Constitution. and can be amended without affecting "Basic feature". 

LIC of India v. Consumer Education and Research Centre case (1995) the Supreme Court again held that the Preamble is an integral part of the

Constitution.
Other cases -: 
Nakara v. Union of India (1983).
G.B. Pant University of Agriculture and Technology v. State of Uttar Pradesh (2000).

Note -: Preamble is neither a source of power to legislate nor prohibition upon the power to legislate. It is not justiciable in court.   

Conclusion -:  Preamble has empowered by 42 Constitutional Amendment Act 1976 when 3 more word were added in it "SOCIALIST" "SECULAR" & "INTEGRITY" }

PART I: THE UNION AND ITS TERRITORY

Introduction -: { ‘India that is a Bharat’ shall be union of state. According to B. R. Ambedkar it is a “Union of state” rather than “Federation of States”.  )

Art. 1 -: 
Name and territory of the Union.
             Example-: India had 28 state and 9 UT.

Art. 2 -: Admission or establishment of new States.
                 Example -: Sikkim admission in 1975.

Art. 3 -: Formation of new States and alteration of areas, boundaries or names of existing States. 
                  Example -: Telangana formed in 2nd June 2014.

Art. 4 -: Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters.

Important commission and Judgement -:

DHAR Commission -: In 1948 S. K. Dhar rejected linguistic basis on state formation but accepted administrative convenience.

JVP Committee-: In 1949 Jawaharlal-Vallabhai-Pattabhi sitaramiya again rejected language as the basis of reorganisation of state.
[Potti sreeramulu died in 1952 during hunger strike agitation of Andhra Pradesh, then next commission appointed]

Fazl Ali Commission -: In 1953 K. M. Pannikar & H. N. Kunzuru accepted language as the basis of reorganisation of state but rejected “one language one state theory”.

Berubari union case -: 9th constitutional Amendment Act 1960 land agreement with Pakistan. SC ruled Indian territory can be ceded to a foreign state only by amending the constitution amendment under article 368.

Note -: [ 1960 – MH & Gujrat , 1961 – Dadra nagar haveli (freedom in 1954), 1962 – Puducherry , 1963 – Nagaland , 1966 – Haryana (shah commission) , 1966 – Himachal Pradesh, 1969 – Manipur, Tripura, Meghalaya, 1974 – Sikkim, 1987 – Mizoram, Arunachal , Goa (Goa got freedom in 1961) , 2000 – Chhattisgarh, Uttarakhand, Jharkhand, 2014 – Telangana, 2019 – Ladakh as UT. ]

[ 1950 – United provinces renamed as “UTTAR PRADESH”, 1969 – Madras renamed as “Tamil Nadu”, 1973 Mysore renamed as “KARNATKA” , 1992 – UT of Delhi renamed as Capital territory of Delhi, 2006 – Uttaranchal renamed as “UTTRAKHAND”. 2011 – Orissa renamed as “Odisha” ]

Conclusion -: Reorganisation of state lead easy formulation of law and administrative convenience.


PART II:  CITIZENSHIP

Introduction -: {Concept of  Citizenship of India is borrowed from Britain. India doesn’t allow dual citizenship.

Art. 5 -: Citizenship at the commencement of the Constitution.

Art. 6 -: Rights of citizenship of certain persons who have migrated to India from Pakistan.
           Example -: Lal Krishna Advani (1927 , Karachi Pak)
Art. 7 -: Rights of citizenship of certain migrants to Pakistan.
            Example -: Pervez Musharraf (1943, Delhi)
Art. 8 -: Rights of citizenship of certain persons of Indian origin residing outside India.
            Example -: Student study abroad.
Art. 9 -: Persons voluntarily acquiring citizenship of a foreign State not to be citizens.
            Example -: Akshay Kumar, alia bhatt ,

Art. 10 -: Continuance of the rights of citizenship.
Art. 11 -: Parliament to regulate the right of citizenship by law.

Note -: Citizenship amendment Act 1986, 1992, 2003, 2005. Citizenship amend 2015 merge OCI & PIO and renamed it “oversees citizen of Indian card holder.


Conclusion -: L. M. Singhavi committee -2000 Recommended to grant dual citizenship to PIO (Persion In Indian Origin) Card holder who belong to specific country.


PART III : FUNDAMENTAL RIGHTS

Introduction -: 
{ Fundamental Right had described as the Magna Carta of India.framers of the Constitution derived inspiration from the Constitution of USA (i.e., Bill of Rights). Fundamental Rights are  ‘justiciable’ in court. If fundamental Right are violated person move directly to Supreme court for writ under Article 32 and to High court under Article 226 ] 

General
Art. 12 -: Definition of state . (, “the State” includes government and body)
Art. 13 -: Laws inconsistent with or in derogation of the fundamental rights.

Right to Equality
Art. 14 -: Equality before law.
Art. 15 -: Prohibition of discrimination (5 Type)  on grounds of religion, race, caste, sex or place of birth.
Art. 16 -: Equality of opportunity in matters of public employment.
Art. 17 -: Abolition of Untouchability. Example -: Protection of Civil Rights Act4 (1955).
Art. 18 -: Abolition of titles.

Right to Freedom
Art. 19 -: Protection of certain rights (6 type) regarding freedom of speech, etc. (speech and expression, assemble peaceably without arms, associations or unions,  move freely, reside, profession)
Art. 20 -: Protection in respect of conviction for offences.
Art. 21 -: Protection of life and personal liberty.

Art. 21-A -:
 provide free and compulsory education of all children in the age group of 6 to 14 years. ( 86th Amendment ACT 2002)
Art. 22 -: Protection against arrest and detention in certain cases.

Right against Exploitation
Art. 23 -: Prohibition of traffic in human beings and forced labour. 
                Example -: Bonded Labour System Abolition Act (1976),

Art. 24 -: 
Prohibition of employment of children in factories, etc. 
                 Example -: Child Labour Prohibition .

Right to Freedom of Religion
Art. 25 -: Freedom of conscience and free profession, practice and propagation of religion.
Art. 26 -: Freedom to manage religious affairs.
Art. 27 -: Freedom as to payment of taxes for promotion of any particular religion.
Art. 28 -: Freedom as to attendance at religious instruction or religious worship in certain educational institutions.

Cultural and Educational Rights
Art. 29 -: Protection of interests of minorities.
Art. 30 -: Right of minorities to establish and administer educational institutions.
Art. 31 [Repealed.] Right of property Amended by 44th Amendment ACT 1978 and now added in Art.300-A as legal right. 
         Example -: Kesavananda Bharati case (1973), the Supreme Court declared 2nd provision of Article 31C as unconstitutional and invalid on the ground.  that judicial review is a basic feature of the Constitution and hence, cannot be taken away.

Right to Constitutional Remedies
Art. 32 -: Remedies for enforcement of rights conferred by this Part. (habeas corpus, mandamus quo warranto, Prohibition, certiorari)

Art. 33 -: 
Power of Parliament to modify the rights conferred by this Part in their application to  Forces, Art. 34 -: Restriction on rights conferred by this Part while martial law is in force in any area.
Art. 35 -: Legislation to give effect to the provisions of this Part.

PART IV : 
 DIRECTIVE PRINCIPLES OF STATE POLICY

Introduction -:
 { Directive Principles resemble the ‘Instrument of Instructions’ enumerated in the Government of India Act of 1935. Framers of the Constitution borrowed this idea from the Irish Constitution (1937 ). It give concept of a ‘welfare state’. B. R. Ambedkar called it "novel feature"}

Art. 36 -: Definition of State.
Art. 37 -: Application of this Part. [ nature and significance of DPSP]
Art. 38 -: State to secure a social order for the promotion of welfare of the people.
               Example -: Formation of Planning commission now replaced by NITI Aayog (National Institution for Transforming India)
                 Note -: 44th Amendment Act of 1978

Art. 39 -: Certain principles of policy to be followed by the State. (socialism)
                 Note -: 42nd Amendment Act of 1976 added.
Art 39A -: Equal justice and free legal aid. (socialism)
                 Example -: Legal Services Authorities Act (1987).

Art. 40 -: 
Organization of village panchayats.
                 Example -: Panchayati Raj by 73rd Amendment act 1992.
Art. 41 -: Right to work, to education and to public assistance in certain cases. (socialism)
Art. 42 -: Provision for just and humane conditions of work and maternity relief. (socialism)
               Example -: Maternity Benefit Act (1961) and the Equal Remuneration Act (1976)

Art. 43 -: Living wage, etc., for workers. (Gandhian) + (socialism) 
                Example -: Minimum Wages Act (1948),
Art. 43A -: Participation of workers in management of industries. (socialism)

Art. 43-B -:
 autonomous functioning, democratic control and professional management of  co-operative                                               societies. (Gandhian)
                  Note -: 97th Amendment Act of 2011 added 

Art. 44 -: 
Uniform civil code for the citizens. (liberalism.) 
Art. 45 -: Provision for free and compulsory education for children. (liberalism.) 
              Note -: 86th Amendment Act of 2002 added education under Art; 21-A. 

Art. 46 -: Promotion of educational and economic interests of SC & ST  and other weaker sections. (Gandhian)
            Example -: Untouchability (Offences) Act, 1955, Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Art. 47 -: Duty of the State to raise the level of nutrition and the standard of living and to improve 
                   public health(Gandhian) + (socialism) 
Example -: National Rural Employment Guarantee Programme (2006), Minimum Needs Programme (1974),

Art. 48 -: Organization of agriculture and animal husbandry. (liberalism.) + (Gandhian)
Art. 48A -: Protection and improvement of environment and safeguarding of forests and wild life(liberalism.) 
                  Example -: Wildlife (Protection) Act of 1972, Forest (Conservation) Act of 1980. 

Art. 49 -: 
Protection of monuments and places and objects of national importance. (liberalism.) 
Art. 50 -: Separation of judiciary from executive.  (liberalism.) 
               Example -: Criminal procedure code (1973).
Art. 51 -: Promotion of international peace and security.  (liberalism.) 
                Example -: policy of non-alignment movement (NAM) and Panchsheel. 

Few Imp Supreme court (SC) Judgement -: 

Note -:  FR are justiciable but DPSP are not-justiciable.  

[Champakam Dorairajan case (1951),SC ruled that in case of any conflict between the Fundamental Rights and DPSP, FR would prevail. Also said FR could be amended by the Parliament by constitutional Amendment Acts. ] 
[ So parliament amended FR to implement DPSP by 1st Amendment (1951) , 4th Amendment (1955), 17th Amendment (1964) . ]

Golaknath case (1967). SC Judgement that Fundamental Rights cannot be amended for the implementation of the Directive Principles.] 
[ Parliament reacted by 24th Amendment act (1971) parliament had power to curtail in FR & 25th Amendment act (1971) added 31-C said no law will null and void during implementation of Article 39 even contravention with FR of Article 14, 19, 31 ]

[ Kesavananda Bharati case (1973), the SC declared 2nd provision of Article 31C as unconstitutional and invalid on the ground.  that judicial review is a basic feature of the Constitution and hence, cannot be taken away.]
[Article 39-A, 43-A & 48-A added by 42nd Amendment ACT 1976] 

Minerva Mills case (1980), SC said ‘Indian Constitution is founded on the bedrock of the balance between  FR & DPSP.  DPSP made subordinate to the Fundamental Rights. But Article 14 and Article 19 were accepted as subordinate to the DPSP. ] 



PART IVA : FUNDAMENTAL DUTIES

Introduction -: { Fundamental duties added on recommendation of "swaran singh Committee" by 42nd Amendment Act 1976. This idea borrowed from "USSR Constitution" }

1. (a) - to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
2. (b)+ to cherish and follow the noble ideals which inspired our national struggle for freedom;

3. (c) - to uphold and protect the sovereignty, unity and integrity of India;

4. (d)+ to defend the country and render national service when called upon to do so;

5. (e) - to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;

6. (f)+ to value and preserve the rich heritage of our composite culture;

7. (g) - to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures
          Example -: Wildlife (Protection) Act of 1972, Forest (Conservation) Act of 1980. 

8. (h)+ to develop the scientific temper, humanism and the spirit of inquiry and reform;

9. (i) - to safeguard public property and to abjure violence;

10. (j)+ to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement.

11. (k)+ to provide opportunities for education by the parent the guardian, to his child, or a ward between the age of 6-14 years as the case may be. [ added  by 86th Amendment 2002] 

 [ Justice VERMA Committee in 1999 find some legal provision for it. Example -: Prevention of Insults to National Honour Act (1971) for "A" ,  Unlawful Activities (Prevention) Act of 1967, Representation of People Act (1951) .]


PART V : THE UNION
CHAPTER I : The President and Vice-President
Art. 52 -: The President of India. (A-153)
Art. 53 -: Executive power of the Union. (A-154)
Art. 54 -: Election of President. (A-155)
Art. 55 -: Manner of election of President. (    )
Art. 56 -: Term of office of President. (A-156)
Art. 57 -: Eligibility for re-election. (   )
Art. 58 -: Qualifications for election as President. (A-157)
Art. 59 -: Conditions of President’s office. (A-158)
Art. 60 -: Oath or affirmation by the President. (A-159)
Art. 61 -: Procedure for impeachment of the President. (    )
Art. 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. (   )
Art. 63 -: The Vice-President of India.
Art. 64 -: The Vice-President to be ex officio Chairman of the Council of States. (    )
Art. 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. (   )
Art. 66 -: Election of Vice-President. (    )
Art. 67 -: Term of office of Vice-President. (    )
Art. 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. (   )
Art. 69 -: Oath or affirmation by the Vice-President. (  )

Art. 70 -: Discharge of President’s functions in other contingencies. (A-160)
Art. 71 -: Matters relating to, or connected with, the election of a President or Vice-President. (   )
Art. 72 -: Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases. (A-161)
Art. 73 -: Extent of executive power of the Union. (A-162)

Council of Ministers
Art. 74 -: Council of Ministers to aid and advise President. (A-163)
Art. 75 -: Other provisions as to Ministers. (A-164)

The Attorney-General for India
Art. 76 -: Attorney-General for India. (A-165)
Conduct of Government Business
Art. 77 -: Conduct of business of the Government of India. (A-166)
Art. 78 -: Duties of Prime Minister as respects the furnishing of information to the President, etc. (A-167)
CHAPTER II : PARLIAMENT
General
Art. 79 -: Constitution of Parliament. (A-168)
Art. 80 -: Composition of the Council of States. (A-171)
Art.  81 -: Composition of the House of the People. (A-170)
Art. 82 -: Readjustment after each census. (  )
Art. 83 -: Duration of Houses of Parliament. (A-172)
Art. 84 -: Qualification for membership of Parliament. (A-173)
Art. 85 -: Sessions of Parliament, prorogation and dissolution. (A-174)
Art. 86 -: Right of President to address and send messages to Houses. (A-175)
Art. 87 -: Special address by the President. (A-176)
Art. 88 -: Rights of Ministers and Attorney-General as respects Houses. (A-177)

Officers of Parliament
Art. 89 -: The Chairman and Deputy Chairman of the Council of States. (A-182)
Art. 90 -: Vacation and resignation of, and removal from, the office of Deputy Chairman. (A-183)

Art. 91 -: Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman. (A-184)
Art. 92 -: The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration. (A-185)
Art. 93 -: The Speaker and Deputy Speaker of the House of the People . (A-178)
Art. 94 -: Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker. (A-179)
Art. 95 -: Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker. (A-180)
Art. 96 -: The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration. (A-181)
Art. 97 -: Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker. (A-186)
Art. 98 -: Secretariat of Parliament. (A-187)

Conduct of Business
Art. 99 -: Oath or affirmation by members. (A-188)
Art. 100 -: Voting in Houses, power of Houses to act notwithstanding vacancies and quorum. (A-189)

Disqualifications of Members
Art. 101 -: Vacation of seats. (A-190)
Art. 102 -: Disqualifications for membership. (A-191)
Art. 103 -: Decision on questions as to disqualifications of members. (A-192)
Art. 104 -: Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified. (A-193)

Powers, Privileges and Immunities of Parliament and its Members
Art. 105 -: Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof. (A-194)
Art. 106 -: Salaries and allowances of members. (A-195)
Legislative Procedure
Art. 107 -: Provisions as to introduction and passing of Bills. (A-196)
Art. 108 -: Joint sitting of both Houses in certain cases. (  )
Art. 109 -: Special procedure in respect of Money Bills. (A-198)
Art. 110 -: Definition of “Money Bills”. (A-199)
Art. 111 -: Assent to Bills. (A-200)
Procedure in Financial Matters
Art. 112 -: Annual financial statement. (A-202)
Art. 113 -: Procedure in Parliament with respect to estimates. (A-203)
Art. 114 -: Appropriation Bills. (A-204)
Art. 115-:  Supplementary, additional or excess grants. (A-205)
Art. 116 -: Votes on account, votes of credit and exceptional grants. (A-206)
Art. 117 -: Special provisions as to financial Bills. (A-207)

Procedure Generally
Art. 118 -: Rules of procedure. (A-208)
Art. 119 -: Regulation by law of procedure in Parliament in relation to financial business. (A-209)
Art. 120 -: Language to be used in Parliament. (A-210)
Art. 121 -: Restriction on discussion in Parliament. (A-211)
Art. 122 -: Courts not to inquire into proceedings of Parliament. (A-212)
CHAPTER III : LEGISLATIVE POWER OF PRESIDENT
Art. 123 -: Power of President to promulgate Ordinances during recess of Parliament. (A-213)
CHAPTER IV : UNION JUDICIARY (SC)
Art. 124 -: Establishment and constitution of Supreme Court. (A-214)
Art. 125 -: Salaries, etc., of Judges. (A-221)
Art. 126 -: Appointment of acting Chief Justice. (A-223)
Art. 127 -: Appointment of ad hoc judges. (   )
Art. 128 -: Attendance of retired Judges at sittings of the Supreme Court. (A-224A)
Art. 129 -: Supreme Court to be a court of record.
Art. 130 -: Seat of Supreme Court.
Art. 131 -: Original jurisdiction of the Supreme Court.
Art. 131A -: [Deleted.]
Art. 132 -: Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases.
Art. 133 -: Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to Civil matters.
Art. 134 -: Appellate jurisdiction of Supreme Court in regard to criminal matters.
Art. 134A -: Certificate for appeal to the Supreme Court.
Art. 135-:  Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court.
Art. 136 -: Special leave to appeal by the Supreme Court.
Art. 137 -: Review of judgments or orders by the Supreme Court.
Art. 138 -: Enlargement of the jurisdiction of the Supreme Court.
Art. 139 -: Conferment on the Supreme Court of powers to issue certain writs.
Art. 139A-:  Transfer of certain cases.
Art. 140 -: Ancillary powers of Supreme Court.
Art. 141 -: Law declared by Supreme Court to be binding on all courts.
Art. 142 -: Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.
Art. 143-:  Power of President to consult Supreme Court.
Art. 144 -: Civil and judicial authorities to act in aid of the Supreme Court.
Art. 144A-:  [Deleted.]
Art. 145 -: Rules of Court, etc.
Art. 146 -: Officers and servants and the expenses of the Supreme Court.
Art. 147-:  Interpretation.
CHAPTER V : CAG
Art. 148 -: Comptroller and Auditor-General of India.
Art. 149 -: Duties and powers of the Comptroller and Auditor-General.
Art. 150 -: Form of accounts of the Union and of the States.
Art.  151 -: Audit reports.
PART VI : THE STATE
CHAPTER I :
Art. 152 -: Definition
CHAPTER II: THE EXECUTIVE
The Governor
Art. 153 -: Governors of States. (A-52)
Art. 154 -: Executive power of State. (A-53)
Art. 155 -: Appointment of Governor. (A-54)
Art. 156 -: Term of office of Governor. (A-56)
Art. 157 -: Qualifications for appointment as Governor. (A-58)
Art. 158 -: Conditions of Governor’s office. (A-59)
Art. 159 -: Oath or affirmation by the Governor. (A-60)
Art. 160 -: Discharge of the functions of the Governor in certain contingencies. (A-70)
Art. 161 -: Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases. (A-72)
Art. 162 -: Extent of executive power of State. (A-73)
Council of Ministers
Art. 163 -: Council of Ministers to aid and advise Governor. (A-74)
Art. 164 -: Other provisions as to Ministers. (A-75)
The Advocate-General for the State
Art. 165 -: Advocate-General for the State. (A-76)
Conduct of Government Business
Art. 166 -: Conduct of business of the Government of a State. (A-77)
Art. 167 -: Duties of Chief Minister as respects the furnishing of information to Governor, etc. . (A-78)
CHAPTER III : THE STATE LEGISLATURE
General
Art. 168 -: Constitution of Legislatures in States.
(A-79)
Art. 169 -: Abolition or creation of Legislative Councils in States.
Art. 170 -: Composition of the Legislative Assemblies. (A-81)
Art. 171 -: Composition of the Legislative Councils.
(A-80)
Art. 172 -: Duration of State Legislatures.
(A-83)
Art. 173 -: Qualification for membership of the State Legislature.
(A-84)
Art. 174 -: Sessions of the State Legislature, prorogation and dissolution.
(A-85)
Art. 175 -: Right of Governor to address and send messages to the House or Houses.
(A-86)
Art. 176 -: Special address by the Governor.
(A-87)
Art. 177 -: Rights of Ministers and Advocate-General as respects the Houses.
(A-88)
Officers of the State Legislature
Art. 178 -: The Speaker and Deputy Speaker of the Legislative Assembly.
(A-93)
Art. 179 -: Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.
(A-94)
Art. 180 -: Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker.
(A-95)
Art. 181 -: The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.
(A-96)
Art. 182 -: The Chairman and Deputy Chairman of the Legislative Council.
(A-89)
Art. 183 -: Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman.
(A-90)
Art. 184 -: Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman. (A-91)
Art. 185 -: The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.
(A-92)
Art. 186 -: Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman.
(A-97)
Art. 187 -: Secretariat of State Legislature.
(A-98)
Conduct of Business
Art. 188 -: Oath or affirmation by members.
(A-99)
Art. 189 -: Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.
(A-100)
Disqualifications of Members
Art. 190 -: Vacation of seats.
(A-101)
Art. 191 -: Disqualifications for membership.
(A-102)
Art. 192 -: Decision on questions as to disqualifications of members.
(A-103)
Art. 193 -: Penalty for sitting and voting before making oath or affirmation under article 188 or when not qualified or when disqualified.
(A-104)
Powers, privileges and immunities of State Legislatures and their Members
Art. 194 -: Powers, privileges, etc., of the Houses of Legislatures and of the members and committees thereof.
(A-105)
Art. 195 -: Salaries and allowances of members.
(A-106)
Legislative Procedure
Art. 196 -: Provisions as to introduction and passing of Bills.
(A-107)
Art. 197 -: Restriction on powers of Legislative Council as to Bills other than Money Bills.
Art. 198 -: Special procedure in respect of Money Bills. (A-109)
Art. 199 -: Definition of “Money Bills”.
(A-110)
Art. 200 -: Assent to Bills.
(A-111)
Art. 201 -: Bills reserved for consideration.
Procedure in Financial Matters
Art. 202 -: Annual financial statement.
(A-112)
Art. 203 -: Procedure in Legislature with respect to estimates.
(A-113)
Art. 204 -: Appropriation Bills.
(A-114)
Art. 205 -: Supplementary, additional or excess grants.
(A-115)
Art. 206 -: Votes on account, votes of credit and exceptional grants.
(A-116)
Art. 207 -: Special provisions as to financial Bills.
(A-117)
Procedure Generally
208 -: Rules of procedure.
(A-118)
209 -: Regulation by law of procedure in the Legislature of the State in relation to financial business.
(A-119)
210 -: Language to be used in the Legislature.
(A-120)
211 -: Restriction on discussion in the Legislature.
(A-121)
212 -: Courts not to inquire into proceedings of the Legislature.
(A-122)

CHAPTER IV : LEGISLATIVE POWER OF GOVERNER
Art. 213 -: Power of Governor to promulgate Ordinances during recess of Legislature. (A-123)

CHAPTER V : THE HIGH COURT IN STATE
Art. 214 -: High Courts for States. (A-124)
Art. 215 -: High Courts to be courts of record.
(A-)
Art. 216 -: Constitution of High Courts.
(A-)
Art. 217 -: Appointment and conditions of the office of a Judge of a High Court. (A-
Art. 218 -: Application of certain provisions relating to Supreme Court to High Courts.

Art. 219 -: Oath or affirmation by Judges of High Courts.

Art. 220 -: Restriction on practice after being a permanent Judge
.
Art. 221 -: Salaries, etc., of Judges.
(A-125)
Art. 222 -: Transfer of a Judge from one High Court to another.

Art. 223 -: Appointment of acting Chief Justice.
(A-126)
Art. 224 -: Appointment of additional and acting Judges.
(A-
Art. 224A -: Appointment of retired Judges at sittings of High Courts.
(A-128)
Art. 225 -: Jurisdiction of existing High Courts.
(  )
Art. 226 -: Power of High Courts to issue certain writs.
(  )
Art. 226A -: [Deleted..]
Art. 227 -: Power of superintendence over all courts by the High Court.

Art. 228 -: Transfer of certain cases to High Court.

Art. 228A -: [Deleted.]
Art. 229 -: Officers and servants and the expenses of High Courts.

Art. 230 -: Extension of jurisdiction of High Courts to Union territories.

Art. 231 -: Establishment of a common High Court for two or more States.

CHAPTER VI : SUBORDINATE COURTS
Art. 233 -: Appointment of district judges.
Art. 233A -: Validation of appointments of, and judgments, etc., delivered by, certain district judges.
Art. 234 -: Recruitment of persons other than district judges to the judicial service.
Art. 235 -: Control over subordinate courts.
Art. 236 -: Interpretation.
Art. 237 -: Application of the provisions of this Chapter to certain class or classes of magistrates.
PART VII : THE STATE in Part B of 1ST Schedule
Art.  238 -: (Deleted)
PART VIII : THE UNION TERRITORIES
Art. 239 -: Administration of Union territories.
Art. 239A -: Creation of local Legislatures or Council of Ministers or both for certain Union territories.
Art. 239A -: Special provisions with respect to Delhi.
Art. 239AA -: Provision in case of failure of constitutional machinery.
Art. 239AB -: Power of administrator to promulgate Ordinances during recess of Legislature.
Art. 240 -: Power of President to make regulations for certain Union territories.
Art. 241 -: High Courts for Union territories.
Art. 242 -: [Deleted.]
PART IX : THE PANCHAYATS
Art. 243 -: Definitions.
Art. 243A -: Gram Sabha.
Art. 243B -: Constitution of Panchayats.
Art. 243C -: Composition of Panchayats.
Art. 243D -: Reservation of seats.
Art. 243E -: Duration of Panchayats, etc.
Art. 243F -: Disqualifications for membership.
Art. 243G -: Powers, authority and responsibilities of Panchayats.
Art. 243H -: Powers to impose taxes by, and Funds of, the Panchayats.
Art. 243-I -: Constitution of Finance Commission to review financial position.
Art. 243J -: Audit of accounts of Panchayats.
Art. 243K -: Elections to the Panchayats.
Art. 243L -: Application to Union territories.
Art. 243M -: Part not to apply to certain areas.
Art. 243N -: Continuance of existing laws and Panchayats.
Art. 243-O -: Bar to interference by courts in electoral matters.
PART IX A: THE MUNCIPALTIES
Art. 243P -: Definitions.
Art. 243Q -: Constitution of Municipalities.
Art. 243R -: Composition of Municipalities.
Art. 243S -: Constitution and composition of Wards Committees, etc.
Art. 243T -: Reservation of seats.
Art. 243U -: Duration of Municipalities, etc.
Art. 243V -: Disqualifications for membership.
Art. 243W -: Powers, authority and responsibilities of Municipalities, etc.
Art. 243X. -: Power to impose taxes by, and Funds of, the Municipalities.
Art. 243Y -: Constitution of Finance Commission to review financial position.
Art. 243Z-:  Audit of accounts of Municipalities.
Art. 243ZA -: Elections to the Municipalities.
Art. 243ZB -: Application to Union territories.
Art. 243ZC -: Part not to apply to certain areas.
Art. 243ZD -: Committee for district planning.
Art. 243ZE -: Committee for Metropolitan planning.

Art. 243ZF -: Continuance of existing laws and Municipalities.
Art. 243ZG -: Bar to interference by Courts in electoral matters.
PART X : THE SCHEDULED AND TRIBAL AREA
Art. 244 -: Administration of Scheduled Areas and Tribal Areas.
Art. 244A -: Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor.

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