Kesavananda Bharati v. State of Kerala Court Full case name Kesavananda Bharati Sripadagalvaru and Ors. State of Kerala and Anr. Citation(s) (1973) 4 SCC 225 Holding There are certain principles within the framework of Indian Constitution which are inviolable and hence cannot be amended by the Parliament.
These principles were commonly termed as Basic Structure. Case opinions Majority Sikri C. And Mukherjea, JJ.; and Gover, JJ.; Jaganmohan Reddy, J.; Dissent; Palekar J.; Mathew J.; Beg J.; Dwivedi J.; Chandrachud J.
Laws applied, “ Kesavananda Bharathi is the case which saved Indian democracy; thanks to Shri, eminent jurist and the seven judges who were in the majority. ” — - in April 2013, on the occasion of the 40th anniversary of the judgement., The Kesavananda Bharati judgement or His Holiness Kesavananda Bharati Sripadagalvaru and Ors.
State of Kerala and Anr. (: (1973) 4 SCC 225) is a of the that outlined the of the. Asserted through this doctrine that the constitution possesses a basic structure of constitutional principles and values. The Court partially cemented the prior precedent, which held that constitutional amendments pursuant to Article 368 were subject to fundamental rights review, by asserting that only those amendments which tend to affect the 'basic structure of the Constitution' are subject to judicial review. At the same time,the Court also upheld the constitutionality of first provision of Article 31(c), which implied that any constitutional amendment seeking to implement the Directive Principles, which does not affect the 'Basic Structure', shall not be subjected to judicial review. The basic structure doctrine forms the basis of power of the to review, and strike down, enacted by the which conflict with or seek to alter this of the Constitution. The 13-judge of the Supreme Court deliberated on the limitations, if any, of the powers of the elected representatives of the people and the nature of fundamental rights of an individual.
In a sharply divided verdict, by a margin of 7-6, the court held that while the Parliament has 'wide' powers, it did not have the power to destroy or emasculate the basic elements or fundamental features of the constitution. Although the court upheld the basic structure doctrine by only the narrowest of margins, it has since gained widespread acceptance and legitimacy due to subsequent cases and judgments. Primary among these was the imposition of the by in, and the subsequent attempt to suppress her prosecution through the 39th Amendment. When the Kesavananda case was decided, the underlying apprehension of the majority bench that elected representatives could not be trusted to act responsibly was perceived to be unprecedented. However, the passage of the 39th Amendment proved that in fact this apprehension was well-founded. In Indira Nehru Gandhi v. Raj Narain, a Constitution Bench of the Supreme Court used the basic structure doctrine to strike down the 39th amendment and paved the way for restoration of Indian democracy.
The Kesavananda judgment also defined the extent to which Parliament could restrict, in pursuit of land reform and the redistribution of large landholdings to cultivators, overruling previous decisions that suggested that the could not be restricted. The case was a culmination of a series of cases relating to limitations to the power to amend the Indian constitution. Contents. Facts In February 1970, senior plaintiff and head of 'Edneer Mutt' - a situated in, a village in of, challenged the government's attempts, under two state land reform acts, to impose restrictions on the management of its property. Although the state invoked its authority under Article 21, a noted Indian jurist, convinced Swami into filing his petition under Article 26, concerning the right to manage religiously owned property without government interference.
Even though the hearings consumed five months, the outcome would profoundly affect India's democratic processes. Judgment The Supreme Court reviewed the decision in Golaknath v. State of Punjab, and considered the validity of the 24th, 25th, 26th and 29th amendments. The case was heard by the largest ever Constitution Bench of 13 Judges. The bench gave eleven separate judgements, which agreed on some points and differed on others., assisted by, presented the case against the government in both cases.
Majority judgment Upholding the validity of clause (4) of article 13 and a corresponding provision in article 368(3), inserted by the 24th Amendment, the Court settled in favour of the view that Parliament has the power to amend the fundamental rights also. However, the Court affirmed another proposition also asserted in the Golaknath case, by ruling that the expression 'amendment' of this Constitution in article 368 means any addition or change in any of the provisions of the Constitution within the broad contours of the Preamble and the Constitution to carry out the objectives in the Preamble and the Directive Principles. Applied to fundamental rights, it would be that while fundamental rights cannot be abrogated, reasonable abridgement of fundamental rights could be effected in the public interest.
The true position is that every provision of the Constitution can be amended provided the basic foundation and structure of the Constitution remains the same. The nine signatories to the statement were Chief Justice, and Justices, A.N. Jaganmohan Reddy, D.G. Palekar, A.K. Mukherjee and. Four judges did not sign: A.N.
Sikri, Chief Justice , Chief Justice held that the fundamental importance of the freedom of the individual has to be preserved for all times to come and that it could not be amended out of existence. According to the Hon'ble Chief Justice, fundamental rights conferred by of the cannot be abrogated, though a reasonable abridgement of those rights could be effected in public interest. There is a limitation on the power of amendment by necessary implication which was apparent from a reading of the preamble and therefore, according to the learned Chief Justice, the expression 'amendment of this Constitution', in means any addition or change in any of the provisions of the Constitution within the broad contours of the preamble, made in order to carry out the basic objectives of the Constitution. Accordingly, every provision of the Constitution was open to amendment provided the basic foundation or structure of the Constitution was not damaged or destroyed.
Shelat and Grover, JJ Held that the preamble to the Constitution contains the clue to the fundamentals of the Constitution. According to the learned Judges, Parts III and IV of the Constitution which respectively embody the fundamental rights and the directive principles have to be balanced and harmonised. This balance & harmony between two integral parts of the Constitution forms a basic element of the Constitution which cannot be altered.
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The word 'amendment' occurring in must therefore be construed in such a manner as to preserve the power of the Parliament to amend the Constitution, but not so as to result in damaging or destroying the structure and identity of the Constitution. There was thus an implied limitation on the amending power which prevented the Parliament from abolishing or changing the identity of the Constitution or any of its Basic Structure. Hegde and Mukherjea, JJ Held that the Constitution of India which is essentially a social rather than a political document, is founded on a social philosophy and as such has two main features basic and circumstantial. The basic constituent remained constant, the circumstantial was subject to change. According to the learned Judges, the broad contours of the basic elements and the fundamental features of the Constitution are delineated in the preamble and the Parliament has no power to abolish or emasculate those basic elements of fundamental features. The building of a welfare State is the ultimate goal of every Government but that does not mean that in order to build a welfare State, human freedoms have to suffer a total destruction. Applying these tests, the learned Judges invalidated Article 31C even in its un-amended form.
Jaganmohan Reddy, J Held that the word 'amendment' was used in the sense of permitting a change, in contradistinction to destruction, which the repeal or abrogation brings about. Therefore, the width of the power of amendment could not be enlarged by amending the amending power itself. The learned Judge held that the essential elements of the basic structure of the Constitution are reflected in its preamble and that some of the important features of the Constitution are justice, freedom of expression and equality of status and opportunity. The word 'amendment' could not possibly embrace the right to abrogate the pivotal features and the fundamental freedoms and therefore, that part of the basic structure could not be damaged or destroyed. According to the learned Judge, the provisions of Article 31d, as they hen, conferring power on Parliament and the State Legislatures to enact laws for giving effect to the principles specified in Clauses (b) and (c) of Article 39, altogether abrogated the right given by Article 14 and were for that reason unconstitutional. In conclusion, the learned Judge held that though the power of amendment was wide, it did not comprehend the power to totally abrogate or emasculate or damage any of the fundamental rights or the essential elements of the basic structure of the Constitution or to destroy the identity of the Constitution.
Subject to these limitations, Parliament had the right to amend any and every provision of the Constitution. H R Khanna J. has given in his judgment that the Parliament had full power to amend the Constitution, however, since it is only a 'power to amend', the basic structure or framework of the structure should remain intact. While as per the aforesaid views of the six learned Judges, certain 'essential elements' ( which included fundamental rights) of the judgment cannot be amended as there are certain implied restrictions on the powers of the parliament. According to the Hon'ble Judge, although it was permissible to the Parliament, in exercise of its amending power, to effect changes so as to meet the requirements of changing conditions, it was not permissible to touch the foundation or to alter the basic institutional pattern. Therefore, the words 'amendment of the Constitution' in spite of the width of their sweep and in spite of their amplitude, could not have the effect of empowering the Parliament to destroy or abrogate the basic structure or framework of the Constitution. This gave birth to the, which has been considered as the cornerstone of the Constitutional law in India.
Significance This judgement ruled that Article 368 does not enable Parliament in its constituent capacity to delegate its function of amending the Constitution to another legislature or to itself in its ordinary legislative capacity. This ruling made all the deemed constitutional amendments stipulated under the legislative powers of the parliament as void and inconsistent after the 24th constitutional amendment. These are articles 4 (2), 169 (3)-1962, 239A2-1962, 244A4-1969, 356 (1)c, para 7(2) of Schedule V and para 21(2) of Schedule VI. Also articles 239AA(7)b-1991, 243M(4)b-1992, 243ZC3-1992 and 312(4)-1977 which are inserted by later constitutional amendments and envisaging deemed constitutional amendments under legislative powers of the parliament, should be invalid. The Supreme Court declared in the case ‘A. Roy, Etc vs Union Of India And Anr on 28 December 1981’ that the article 368(1) clearly defines constituent power as 'the power to amend any provision of the constitution by way of an addition, variation or repeal'.
It reiterated that constituent power must be exercised by the parliament itself in accordance with the procedure laid down in article 368. The government of did not take kindly to this implied restriction on its powers by the court. On 26 April 1973, Justice, who was among the dissenters, was promoted to superseding three senior Judges, Shelat, Grover and Hegde, which was unprecedented in Indian legal history. Advocate C.K. Daphtary termed the incident as 'the blackest day in the history of democracy'. Justice (previous Chief Justice of India) remarked that 'this was an attempt of not creating 'forward looking judges' but 'judges looking forward' to the office of Chief Justice'. The, enacted in 1976, is considered to be the immediate and most direct fall out of the judgement.
Apart from it, the judgement cleared the deck for complete legislative authority to amend any part of the Constitution except when the amendments are not in consonance with the basic features of the Constitution. The basic structure doctrine was adopted by the in 1989, by expressly relying on the reasoning in the Kesavananda case, in its ruling on Anwar Hossain Chowdhary v. Bangladesh (41 DLR 1989 App. 165, 1989 BLD (Spl.) 1). Books., who was a witness to the court proceedings wrote a book titled 'The Kesavananda Bharati Case: The untold story of struggle for supremacy by Supreme Court and Parliament' to discuss the case and the politics involved during and after the judgment was pronounced.
It has been published by Universal Law Publishing Company in 2011. 'Basic Structure Constitutionalism: Revisiting Kesavananda Bharati' was published by Eastern Book Company in 2011 which was edited by Sanjay S. Jain and Sathya Narayan. See also. Notes. Datar, Arvind P.
(24 April 2013). Chennai, India: The Hindu. Retrieved 12 August 2013. Indian Kanoon. Retrieved 2012-06-24.
Indian Kanoon. Retrieved 2012-06-24. Chennai, India: Frontline. Jan 14–27, 2012. Archived from on 2013-12-03. Retrieved 2012-06-24.
Austin, Granville (1999). Working a Democratic Constitution - A History of the Indian Experience. New Delhi: Oxford University Press. Datar, Arvind P. (24 April 2013).
Chennai, India. ^. ^. ^. ^.
^ (PDF). Lok Sabha Secretariat. Archived from (PDF) on 3 December 2013. Retrieved 1 December 2013. This article incorporates text from this source, which is in the.
Satya Prateek (2008). NUJS Law Review.
Retrieved 2012-07-17. Mirchandani (1 January 1977). Abhinav Publications. Retrieved 8 December 2013. Delhi, India: The Hindu.
May 21, 2007. Retrieved 2015-05-25. Retrieved 2014-12-01. Retrieved 3 August 2014. Archived from (PDF) on 9 September 2014. Retrieved 11 August 2014. This article incorporates text from this source, which is in the.
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^ Andhyarujina, T R (2012).: Universal Law. Venkatesan, J. (16 October 2011). Chennai, India. Chennai, India.
Constitution of India contains 395 articles in 22 parts. Additional are inserted later through various amendments. There are also 12. Those who are looking for a summary of Indian Constitution, this post might be the right place to start with.
Links are given against each Part to understand the purpose and background of each article of the Constitution of India. This post can be seen as a ready reckoner/index of the Constitution of India. Titles are mentioned for all articles from 1-395, separated under various parts and chapters. Preamble and Repealed articles or parts are specially mentioned. WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the nation; IN OUR CONSTITUENT ASSEMBLY this twenty sixth day of November 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. 1 Name and territory of the Union. 2 Admission or establishment of new States.
2A Repealed. 3 Formation of new States and alteration of areas, boundaries or names of existing States. 4 Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters. 5 Citizenship at the commencement of the Constitution.
6 Rights of citizenship of certain persons who have migrated to India from Pakistan. 7 Rights of citizenship of certain migrants to Pakistan. 8 Rights of citizenship of certain persons of Indian origin residing outside India. 9 Persons voluntarily acquiring citizenship of a foreign State not to be citizens. 10 Continuance of the rights of citizenship. 11 Parliament to regulate the right of citizenship by law. General 12 Definition.
13 Laws inconsistent with or in derogation of the fundamental rights. Right to Equality 14 Equality before law. 15 Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. 16 Equality of opportunity in matters of public employment. 17 Abolition of Untouchability. 18 Abolition of titles. Right to Freedom 19 Protection of certain rights regarding freedom of speech, etc.
20 Protection in respect of conviction for offences. 21 Protection of life and personal liberty. 22 Protection against arrest and detention in certain cases. Right against Exploitation 23 Prohibition of traffic in human beings and forced labour.
24 Prohibition of employment of children in factories, etc. Right to Freedom of Religion 25 Freedom of conscience and free profession, practice and propagation of religion. 26 Freedom to manage religious affairs. 27 Freedom as to payment of taxes for promotion of any particular religion. 28 Freedom as to attendance at religious instruction or religious worship in certain educational institutions. Cultural and Educational Rights 29 Protection of interests of minorities.
30 Right of minorities to establish and administer educational institutions. 31 Repealed.
Saving of Certain Laws 31A Saving of Laws providing for acquisition of estates, etc. 31B Validation of certain Acts and Regulations. 31C Saving of laws giving effect to certain directive principles. 31D Repealed. Right to Constitutional Remedies 32 Remedies for enforcement of rights conferred by this Part.
32A Repealed. 33 Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc. 34 Restriction on rights conferred by this Part while martial law is in force in any area. 35 Legislation to give effect to the provisions of this Part. 36 Definition.
37 Application of the principles contained in this Part. 38 State to secure a social order for the promotion of welfare of the people.
39 Certain principles of policy to be followed by the State. 39A Equal justice and free legal aid. 40 Organisation of village panchayats. 41 Right to work, to education and to public assistance in certain cases. 42 Provision for just and humane conditions of work and maternity relief. 43 Living wage, etc., for workers.
43A Participation of workers in management of industries. 44 Uniform civil code for the citizens.
45 Provision for free and compulsory education for children. 46 Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections.
47 Duty of the State to raise the level of nutrition and the standard of living and to improve public health. 48 Organisation of agriculture and animal husbandry. 48A Protection and improvement of environment and safeguarding of forests and wild life. 49 Protection of monuments and places and objects of national importance. 50 Separation of judiciary from executive.
51 Promotion of international peace and security. 51A Fundamental duties. PART V: THE UNION CHAPTER I: THE EXECUTIVE The President and Vice-President 52. 53 Executive power of the Union. 54 Election of President. 55 Manner of election of President. 56 Term of office of President.
57 Eligibility for re-election. 58 Qualifications for election as President. 59 Conditions of President’s office. 60 Oath or affirmation by the President.
61 Procedure for impeachment of the President. 62 Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy. 64 The Vice-President to be ex officio Chairman of the Council of States.
65 The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President. 66 Election of Vice-President.
67 Term of office of Vice-President. 68 Time of holding election to fill vacancy in the office of Vice-President and the term of office of person elected to fill casual vacancy. 69 Oath or affirmation by the Vice-President.
70 Discharge of President’s functions in other contingencies. 71 Matters relating to, or connected with, the election of a President or Vice-President. 72 Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases. 73 Extent of executive power of the Union. 74 Council of Ministers to aid and advise President. 75 Other provisions as to Ministers. The Attorney-General for India 76 Attorney-General for India.
Conduct of Government Business 77 Conduct of business of the Government of India. 78 Duties of Prime Minister as respects the furnishing of information to the President, etc. CHAPTER II: PARLIAMENT 79 Constitution of Parliament. 80 Composition of the Council of States. 81 Composition of the House of the People. 82 Readjustment after each census. 83 Duration of Houses of Parliament.
84 Qualification for membership of Parliament. 85 Sessions of Parliament, prorogation and dissolution. 86 Right of President to address and send messages to Houses. 87 Special address by the President. 88 Rights of Ministers and Attorney-General as respects Houses. 89 The Chairman and Deputy Chairman of the Council of States. 90 Vacation and resignation of, and removal from, the office of Deputy Chairman.
91 Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman. 92 The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration. 93 The Speaker and Deputy Speaker of the House of the People. 94 Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker. 95 Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker. 96 The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.
97 Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker. 98 Secretariat of Parliament.
Conduct of Business 99 Oath or affirmation by members. 100 Voting in Houses, power of Houses to act notwithstanding vacancies and quorum. Disqualifications of Members 101 Vacation of seats. 102 Disqualifications for membership. 103 Decision on questions as to disqualifications of members. 104 Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified. Powers, Privileges and Immunities of Parliament and its Members 105 Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof.
106 Salaries and allowances of members. 107 Provisions as to introduction and passing of Bills. 108 Joint sitting of both Houses in certain cases. 109 Special procedure in respect of Money Bills. 110 Definition of “Money Bills”. 111 Assent to Bills.
Procedure in Financial Matters 112 Annual financial statement. 113 Procedure in Parliament with respect to estimates. 114 Appropriation Bills. 115 Supplementary, additional or excess grants. 116 Votes on account, votes of credit and exceptional grants. 117 Special provisions as to financial Bills. Procedure Generally 118 Rules of procedure.
119 Regulation by law of procedure in Parliament in relation to financial business. 120 Language to be used in Parliament. 121 Restriction on discussion in Parliament. 122 Courts not to inquire into proceedings of Parliament.
CHAPTER III: LEGISLATIVE POWERS OF THE PRESIDENT 123. 124 Establishment and constitution of Supreme Court. 125 Salaries, etc., of Judges. 126 Appointment of acting Chief Justice. 127 Appointment of ad hoc judges. 128 Attendance of retired Judges at sittings of the Supreme Court. 129 Supreme Court to be a court of record.
130 Seat of Supreme Court. 131 Original jurisdiction of the Supreme Court. 131A Repealed. 132 Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases.
133 Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to Civil matters. 134 Appellate jurisdiction of Supreme Court in regard to criminal matters. 134A Certificate for appeal to the Supreme Court. 135 Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court. 136 Special leave to appeal by the Supreme Court.
137 Review of judgments or orders by the Supreme Court. 138 Enlargement of the jurisdiction of the Supreme Court. 139 Conferment on the Supreme Court of powers to issue certain writs. 139A Transfer of certain cases.
140 Ancillary powers of Supreme Court. 141 Law declared by Supreme Court to be binding on all courts. 142 Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc. 143 Power of President to consult Supreme Court.
144 Civil and judicial authorities to act in aid of the Supreme Court. 144A Repealed.
145 Rules of Court, etc. 146 Officers and servants and the expenses of the Supreme Court. 147 Interpretation. 148 Comptroller and Auditor-General of India.
149 Duties and powers of the Comptroller and Auditor-General. 150 Form of accounts of the Union and of the States. 151 Audit reports. PART VI: THE STATES CHAPTER I: GENERAL 152 Definition.
CHAPTER II: THE EXECUTIVE 153 Governors of States. 154 Executive power of State. 155 Appointment of Governor. 156 Term of office of Governor. 157 Qualifications for appointment as Governor. 158 Conditions of Governor’s office 159 Oath or affirmation by the Governor.
160 Discharge of the functions of the Governor in certain contingencies. 161 Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.
162 Extent of executive power of State. Council of Ministers 163 Council of Ministers to aid and advise Governor. 164 Other provisions as to Ministers. The Advocate-General for the State 165 Advocate-General for the State.
Conduct of Government Business 166 Conduct of business of the Government of a State. 167 Duties of Chief Minister as respects the furnishing of information to Governor, etc.
CHAPTER III: THE STATE LEGISLATURE 168 Constitution of Legislatures in States. 169 Abolition or creation of Legislative Councils in States. 170 Composition of the Legislative Assemblies. 171 Composition of the Legislative Councils.
172 Duration of State Legislatures. 173 Qualification for membership of the State Legislature. 174 Sessions of the State Legislature, prorogation and dissolution.
175 Right of Governor to address and send messages to the House or Houses. 176 Special address by the Governor.
177 Rights of Ministers and Advocate-General as respects the Houses. 178 The Speaker and Deputy Speaker of the Legislative Assembly. 179 Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker. 180 Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker. 181 The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.
182 The Chairman and Deputy Chairman of the Legislative Council. 183 Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman. 184 Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman. 185 The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration. 186 Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman. 187 Secretariat of State Legislature.
Conduct of Business 188 Oath or affirmation by members. 189 Voting in Houses, power of Houses to act notwithstanding vacancies and quorum. Disqualifications of Members 190 Vacation of seats. 191 Disqualifications for membership. 192 Decision on questions as to disqualifications of members.
193 Penalty for sitting and voting before making oath or affirmation under article 188 or when not qualified or when disqualified. Powers, privileges and immunities of State Legislatures and their Members 194 Powers, privileges, etc., of the Houses of Legislatures and of the members and committees thereof. 195 Salaries and allowances of members. Legislative Procedure 196 Provisions as to introduction and passing of Bills.
197 Restriction on powers of Legislative Council as to Bills other than Money Bills. 198 Special procedure in respect of Money Bills. 199 Definition of “Money Bills”. 200 Assent to Bills. 201 Bills reserved for consideration.
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Procedure in Financial Matters 202 Annual financial statement. 203 Procedure in Legislature with respect to estimates. 204 Appropriation Bills. 205 Supplementary, additional or excess grants. 206 Votes on account, votes of credit and exceptional grants.
207 Special provisions as to financial Bills. Procedure Generally 208 Rules of procedure. 209 Regulation by law of procedure in the Legislature of the State in relation to financial business. 210 Language to be used in the Legislature. 211 Restriction on discussion in the Legislature.
212 Courts not to inquire into proceedings of the Legislature. CHAPTER IV: LEGISLATIVE POWER OF THE GOVERNOR 213 Power of Governor to promulgate Ordinances during recess of Legislature. CHAPTER V: THE HIGH COURTS IN THE STATES 214 High Courts for States. 215 High Courts to be courts of record. 216 Constitution of High Courts. 217 Appointment and conditions of the office of a Judge of a High Court. 218 Application of certain provisions relating to Supreme Court to High Courts.
219 Oath or affirmation by Judges of High Courts. 220 Restriction on practice after being a permanent Judge. 221 Salaries, etc., of Judges. 222 Transfer of a Judge from one High Court to another. 223 Appointment of acting Chief Justice. 224 Appointment of additional and acting Judges. 224A Appointment of retired Judges at sittings of High Courts.
225 Jurisdiction of existing High Courts. 226 Power of High Courts to issue certain writs. 226A Repealed. 227 Power of superintendence over all courts by the High Court.
228 Transfer of certain cases to High Court. 228A Repealed. 229 Officers and servants and the expenses of High Courts. 230 Extension of jurisdiction of High Courts to Union territories.
231 Establishment of a common High Court for two or more States. CHAPTER VI: SUBORDINATE COURTS 233 Appointment of district judges. 233A Validation of appointments of, and judgments, etc., delivered by, certain district judges. 234 Recruitment of persons other than district judges to the judicial service. Download northwind.mdb sample database.
235 Control over subordinate courts. 236 Interpretation.
237 Application of the provisions of this Chapter to certain class or classes of magistrates. PART VII: THE STATES IN PART B OF THE FIRST SCHEDULE 238 Repealed. PART VIII: THE UNION TERRITORIES 239 Administration of Union territories. 239A Creation of local Legislatures or Council of Ministers or both for certain Union territories. 239A Special provisions with respect to Delhi. 239AA Provision in case of failure of constitutional machinery.
239AB Power of administrator to promulgate Ordinances during recess of Legislature. 240 Power of President to make regulations for certain Union territories. 241 High Courts for Union territories. 242 Repealed. PART IX: THE PANCHAYATS 243 Definitions. 243A Gram Sabha.
243B Constitution of Panchayats. 243C Composition of Panchayats. 243D Reservation of seats. 243E Duration of Panchayats, etc. 243F Disqualifications for membership. 243G Powers, authority and responsibilities of Panchayats. 243H Powers to impose taxes by, and Funds of, the Panchayats.
243-I Constitution of Finance Commission to review financial position. 243J Audit of accounts of Pachayats. 243K Elections to the Panchayats. 243L Application to Union territories. 243M Part not to apply to certain areas.
243N Continuance of existing laws and Panchayats. 243-O Bar to interference by courts in electoral matters. PART IXA: THE MUNICIPALITIES 243P Definitions. 243Q Constitution of Municipalities. 243R Composition of Municipalities. 243S Constitution and composition of Wards Committees, etc. 243T Reservation of seats.
243U Duration of Municipalities, etc. 243V Disqualifications for membership. 243W Powers, authority and responsibilities of Municipalities, etc. Power to impose taxes by, and Funds of, the Municipalities. 243 Finance Commission.
243Z Audit of accounts of Municipalities. 243ZA Elections to the Municipalities. 243ZB Application to Union territories. 243ZC Part not to apply to certain areas. 243ZD Committee for district planning.
243ZE Committee for Metropolitan planning. 243ZF Continuance of existing laws and Municipalities.
243ZG Bar to interference by Courts in electoral matters. PART X: THE SCHEDULED AND TRIBAL AREAS 244 Administration of Scheduled Areas and Tribal Areas. 244A Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor. PART XI: RELATIONS BETWEEN THE UNION AND THE STATES CHAPTER I: LEGISLATIVE RELATIONS Distribution of Legislative Powers 245 Extent of laws made by Parliament and by the Legislatures of States. 246 Subject-matter of laws made by Parliament and by the Legislatures of States.
247 Power of Parliament to provide for the establishment of certain additional courts. 248 Residuary powers of legislation. 249 Power of Parliament to legislate with respect to a matter in the State List in the national interest. 250 Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation.
251 Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the Legislatures of States. 252 Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State. 253 Legislation for giving effect to international agreements. 254 Inconsistency between laws made by Parliament and laws made by the Legislatures of States. 255 Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only.
CHAPTER II: ADMINISTRATIVE RELATIONS General 256 Obligation of States and the Union. 257 Control of the Union over States in certain cases. 257A Repealed. 258 Power of the Union to confer powers, etc., on States in certain cases. 258A Power of the States to entrust functions to the Union. 259 Repealed. 260 Jurisdiction of the Union in relation to territories outside India.
261 Public acts, records and judicial proceedings. Disputes relating to Waters 262 Adjudication of disputes relating to waters of inter-State rivers or river valleys. Co-ordination between States 263 Provisions with respect to an inter-State Council.
PART XII: FINANCE, PROPERTY, CONTRACTS AND SUITS CHAPTER I: FINANCE General 264 Interpretation. 265 Taxes not to be imposed save by authority of law. 266 Consolidated Funds and public accounts of India and of the States. 267 Contingency Fund.
Distribution of Revenues between the Union and the States 268 Duties levied by the Union but collected and appropriated by the State. 269 Taxes levied and collected by the Union but assigned to the States. 270 Taxes levied and distributed between the Union and the States. 271 Surcharge on certain duties and taxes for purposes of the Union. 272 Repealed.
273 Grants in lieu of export duty on jute and jute products. 274 Prior recommendation of President required to Bills affecting taxation in which States are interested.
275 Grants from the Union to certain States. 276 Taxes on professions, trades, callings and employments. 278 Repealed. 279 Calculation of “net proceeds”, etc. 280 Finance Commission. 281 Recommendations of the Finance Commission.
Miscellaneous financial provisions 282 Expenditure defrayable by the Union or a State out of its revenues. 283 Custody, etc., of Consolidated Funds, Contingency Funds and moneys credited to the public accounts.
284 Custody of suitors’ deposits and other moneys received by public servants and courts. 285 Exemption of property of the Union from State taxation. 286 Restrictions as to imposition of tax on the sale or purchase of goods. 287 Exemption from taxes on electricity.
288 Exemption from taxation by States in respect of water or electricity in certain cases. 289 Exemption of property and income of a State from Union taxation. 290 Adjustment in respect of certain expenses and pensions. 290A Annual payment to certain Devaswom Funds. 291 Repealed. CHAPTER II: BORROWING 292 Borrowing by the Government of India.
293 Borrowing by States. CHAPTER III: PROPERTY, CONTRACTS, RIGHTS, LIABILITIES, OBLIGATIONS AND SUITS 294 Succession to property, assets, rights, liabilities and obligations in certain cases. 295 Succession to property, assets, rights, liabilities and obligations in other cases. 296 Property accruing by escheat or laps or as bona vacantia. 297 Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union. 298 Power to carry on trade, etc. 299 Contracts.
300 Suits and proceedings. CHAPTER IV: RIGHT TO PROPERTY 300A Persons not to be deprived of property save by authority of law.
PART XIII: TRADE, COMMERCE AND INTERCOURSE WITHIN THE TERRITORY OF INDIA 301 Freedom of trade, commerce and intercourse. 302 Power of Parliament to impose restrictions on trade, commerce and intercourse. 303 Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce.
304 Restrictions on trade, commerce and intercourse among States. 305 Saving of existing laws and laws providing for State monopolies. 306 Repealed. 307 Appointment of authority for carrying out the purposes of articles 301 to 304.
PART XIV: SERVICES UNDER THE UNION AND THE STATES CHAPTER I: SERVICES 308 Interpretation. 309 Recruitment and conditions of service of persons serving the Union or a State. 310 Tenure of office of persons serving the Union or a State.
311 Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State. 312 All-India services. 312A Power of Parliament to vary or revoke conditions of service of officers of certain services. 313 Transitional provisions.
314 Repeated. CHAPTER II: PUBLIC SERVICE COMMISSIONS 315 Public Service Commissions for the Union and for the States. 316 Appointment and term of office of members. 317 Removal and suspension of a member of a Public Service Commission. 318 Power to make regulations as to conditions of service of members and staff of the Commission. 319 Prohibition as to the holding of offices by members of Commission on ceasing to be such members. 320 Functions of Public Service Commissions.
321 Power to extend functions of Public Service Commissions. 322 Expenses of Public Service Commissions. 323 Reports of Public Service Commissions.
PART XIVA: TRIBUNALS 323A Administrative tribunals. 323B Tribunals for other matters. PART XV: ELECTIONS 324 Superintendence, direction and control of elections to be vested in an Election Commission. 325 No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex.
326 Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage. 327 Power of Parliament to make provision with respect to elections to Legislatures. 328 Power of Legislature of a State to make provision with respect to elections to such Legislature. 329 Bar to interference by courts in electoral matters. 329A Repealed.
PART XVI: SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES 330 Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People. 331 Representation of the Anglo-Indian community in the House of the People. 332 Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States. 333 Representation of the Anglo-Indian community in the Legislative Assemblies of the States. 334 Reservation of seats and special representation to cease after sixty years. 335 Claims of Scheduled Castes and Scheduled Tribes to services and posts. 336 Special provision for Anglo-Indian community in certain services.
337 Special provision with respect to educational grants for the benefit of Anglo-Indian Community. 338 National Commission for Scheduled Castes. 338A National Commission for Scheduled Tribes. 339 Control of the Union over the Administration of Scheduled Areas and the welfare of Scheduled Tribes. 340 Appointment of a Commission to investigate the conditions of backward classes. 341 Scheduled Castes. 342 Scheduled Tribes.
PART XVII: OFFICIAL LANGUAGE CHAPTER I: LANGUAGE OF THE UNION 343 Official language of the Union. 344 Commission and Committee of Parliament on official language. CHAPTER II: REGIONAL LANGUAGES 345 Official language or languages of a State. 346 Official language for communication between one State and another or between a State and the Union. 347 Special provision relating to language spoken by a section of the population of a State. CHAPTER III: LANGUAGE OF THE SUPREME COURT, HIGH COURTS, ETC.
348 Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc. 349 Special procedure for enactment of certain laws relating to language. CHAPTER IV: SPECIAL DIRECTIVES 350 Language to be used in representations for redress of grievances.
350A Facilities for instruction in mother-tongue at primary stage. 350B Special Officer for linguistic minorities. 351 Directive for development of the Hindi language. PART XVIII: EMERGENCY PROVISIONS 352 Proclamation of Emergency. 353 Effect of Proclamation of Emergency. 354 Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation.
355 Duty of the Union to protect States against external aggression and internal disturbance. 356 Provisions in case of failure of constitutional machinery in States.
357 Exercise of legislative powers under Proclamation issued under article 356. 358 Suspension of provisions of article 19 during emergencies.
359 Suspension of the enforcement of the rights conferred by Part III during emergencies. 359A Repealed. 360 Provisions as to financial emergency. PART XIX: MISCELLANEOUS 361 Protection of President and Governors and Rajprakukhs. 361A Protection of publication of proceedings of Parliament and State Legislatures. 361B Disqualification for appointment on remunerative political post.
362 Repealed. 363 Bar to interference by courts in disputes arising out of certain treaties, agreements, etc. 363A Recognition granted to Rulers of Indian States to cease and privy purses to be abolished.
364 Special provisions as to major ports and aerodromes. 365 Effect of failure to comply with, or to give effect to, directions given by the Union. 366 Definitions. 367 Interpretation. PART XX: AMENDMENT OF THE CONSTITUTION 368 Power of Parliament to amend the Constitution and procedure therefor. PART XXI: TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS 369 Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List.
370 Temporary provisions with respect to the State of Jammu and Kashmir. 371 Special provision with respect to the States of Maharashtra and Gujarat. 371A Special provision with respect to the State of Nagaland. 371B Special provision with respect to the State of Assam. 371C Special provision with respect to the State of Manipur. 371D Special provisions with respect to the State of Andhra Pradesh.
371E Establishment of Central University in Andhra Pradesh. 371F Special provisions with respect to the State of Sikkim. 371G Special provision with respect to the State of Mizoram. 371H Special provision with respect to the State of Arunachal Pradesh. 371-I Special provision with respect to the State of Goa. 372 Continuance in force of existing laws and their adaptation. 372A Power of the President to adapt laws.
373 Power of President to make order in respect of persons under preventive detention in certain cases. 374 Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council.
375 Courts, authorities and officers to continue to function subject to the provisions of the Constitution. 376 Provisions as to Judges of High Courts. 377 Provisions as to Comptroller and Auditor-General of India. 378 Provisions as to Public Service Commissions.
378A Special provision as to duration of Andhra Pradesh Legislative Assembly. 379-391 Repealed. 392 Power of the President to remove difficulties. PART XXII: SHORT TITLE, COMMENCEMENT, AUTHORITATIVE TEXT IN HINDI AND REPEALS 393 Short title. 394 Commencement. 394A Authoritative text in the Hindi language.
States and union territories of India by the most commonly spoken first language. The designates the of the as written in the script, as well as. There is no as declared by the Constitution of.
Used for official purposes such as parliamentary proceedings, judiciary, communications between the Central Government and a State Government. States within India have the liberty and powers to specify their own official language(s) through legislation and therefore there are 22 officially recognized languages in India of which Hindi is the most used. The number of native speakers is about 25% of the total Indian population; however, including dialects of Hindi termed as, the total is around 44% of Indians, mostly accounted from the states falling under the.
Other Indian languages are each spoken by around 10% or less of the population. States specify their own official language(s) through legislation.
The section of the Constitution of India dealing with official languages therefore includes detailed provisions which deal not just with the languages used for the official purposes of the union, but also with the languages that are to be used for the official purposes of each in the country, and the languages that are to be used for communication between the union and the states inter se. During the, was used for purposes at the level. The Indian constitution adopted in 1950 envisaged that would be gradually phased in to replace English over a fifteen-year period, but gave the power to, by law, provide for the continued use of English even thereafter. Plans to make Hindi the sole official language of the Republic met with in some parts of the country. Hindi continues to be used today, in combination with other (at the central level and in some states) State official languages at the state level. The legal framework governing the use of languages for official purpose currently includes the, the Official Languages Act, 1963, Official Languages (Use for Official Purpose of the Union) Rules, 1976, and various state, as well as made by the central government and the states.
The front cover of a contemporary, with the and inscriptions in and. The, in 1950, declared in script to be the of the union. Unless Parliament decided otherwise, the use of for official purposes was to cease 15 years after the constitution came into effect, i.e., on 26 January 1965.
The prospect of the changeover, however, led to much alarm in the non Hindi-speaking areas of India, especially -speaking states whose languages were not related to Hindi at all. As a result, enacted the, which provided for the continued use of English for official purposes along with Hindi, even after 1965. In late 1964, an attempt was made to expressly provide for an end to the use of, but it was met with protests from states such as, and. Some of these protests also turned violent.
As a result, the proposal was dropped, and the Act itself was amended in 1967 to provide that the use of English would not be ended until a to that effect was passed by the legislature of every state that had not adopted Hindi as its official language, and by each house of the Indian Parliament. The position was thus that the continues to use in addition to for its official purposes as a 'subsidiary official language,' but is also required to prepare and execute a to progressively increase its use of Hindi. The exact extent to which, and the areas in which, the Union government uses Hindi and English, respectively, is determined by the provisions of the Constitution, the Official Languages Act, 1963, the Official Languages Rules, 1976, and made by the Department of Official Language under these laws. Parliamentary proceedings and laws The Indian constitution draws a distinction between the language to be used in, and the language in which are to be made. Parliamentary business, according to the Constitution, may be conducted in either Hindi or English. The use of English in parliamentary proceedings was to be phased out at the end of fifteen years unless Parliament chose to extend its use, which Parliament did through the Official Languages Act, 1963. In addition, the constitution permits a person who is unable to express themselves in either or to, with the permission of the of the relevant House, address the House in their.
In contrast, the constitution requires the authoritative text of all laws, including Parliamentary and, to be in English, until Parliament decides otherwise. Parliament has not exercised its power to so decide, instead merely requiring that all such laws and instruments, and all brought before it, also be translated into Hindi, though the English text remains authoritative. Judiciary The constitution provides, and the Supreme Court has reiterated, that all proceedings in the, the country's highest and the High Courts, shall be in. Parliament has the power to alter this by law, but has not done so. However, in many high courts, there is, with consent from the president, allowance of the optional use of Hindi. Such proposals have been successful in the states of Rajasthan, Madhya Pradesh, Uttar Pradesh, and Bihar.
Administration The Union government is required by law to progressively increase the use of Hindi in its official work, which it has sought to do through 'persuasion, incentive and goodwill'. The Official Language Act provides that the Union government shall use both Hindi and English in most documents that are intended for the public. The Official Languages Rules, in contrast, provide for a higher degree of use of Hindi in communications between offices of the central government (other than offices in Tamil Nadu, to which the rules do not apply).
Communications between different within the central government may be in either Hindi or English, although a translation into the other language must be provided if required. Communications within offices of the same department, however, must be in Hindi if the offices are in Hindi-speaking states, and in either Hindi or English otherwise with Hindi being used in proportion to the percentage of staff in the receiving office who have a working knowledge of Hindi. And in files may be in either Hindi or English, with the Government having a duty to provide a translation into the other language if required. In addition, every person submitting a for the redress of a grievance to a government officer or authority has a to submit it in any language used in India. Implementation Various steps have been taken by the Indian government to implement the use and familiarisation of Hindi extensively.
Headquartered at was formed to spread Hindi in. Regional Hindi implementation offices at, and have been established to monitor the implementation of Hindi in Central government offices and PSUs. Annual targets are set by the Department of Official Language regarding the amount of correspondence being carried out in Hindi. A Parliament Committee on Official Language constituted in 1976 periodically reviews the progress in the use of Hindi and submits a report to the President. The governmental body which makes policy decisions and established guidelines for promotion of Hindi is the Kendriya Hindi Samiti (est.
In every city that has more than ten central Government offices, a Town Official Language Implementation Committee is established and cash awards are given to government employees who write books in Hindi. All Central government offices and PSUs are to establish Hindi Cells for implementation of Hindi in their offices. In 2016, the announced plans to promote Hindi in government offices in and. The Indian constitution does not specify the official languages to be used by the states for the conduct of their official functions, and leaves each state free to, through its legislature, adopt Hindi or any language used in its territory as its official language or languages. The language need not be one of those listed in the, and several states have adopted official languages which are not so listed.
Examples include in and in. Legislature and administration The constitutional provisions in relation to use of the official language in legislation at the largely mirror those relating to the official language at the central level, with minor variations. State legislatures may conduct their business in their, Hindi or (for a transitional period, which the legislature can extend if it so chooses) English, and members who cannot use any of these have the same rights to their with the Speaker's permission. The authoritative text of all laws must be in English, unless Parliament passes a law permitting a state to use another language, and if the original text of a law is in a different language, an authoritative English translation of all laws must be prepared.
The state has the right to regulate the use of its official language in, and in general, neither the constitution nor any central enactment imposes any restriction on this right. However, every person submitting a for the redress of a grievance to an officer or authority of the state government has a constitutional right to submit it in any language used in that state, regardless of its official status. In addition, the constitution grants the central government, acting through the, the power to issue certain directives to the government of a state in relation to the use of for official purposes. The President may direct a State to officially recognise a language spoken in its territory for specified purposes and in specified regions, if its speakers demand it and satisfy him that a substantial proportion of the State's population desire its use.
Similarly, States and local authorities are required to endeavour to provide in the mother tongue for all, regardless of whether their language is official in that State, and the President has the power to issue directions he deems necessary to ensure that they are provided these facilities. State judiciary States have significantly less freedom in relation to determine the language in which judicial proceedings in their respective will be conducted. The constitution gives the power to authorise the use of Hindi, or the state's official language in proceedings of the High Court to the, rather than the state legislature, and requires the Governor to obtain the consent of the, who in these matters acts on the advice of the. The Official Languages Act gives the Governor a similar power, subject to similar conditions, in relation to the language in which the High Court's judgments will be delivered. Four states—, and — have been granted the right to conduct proceedings in their High Courts in their official language, which, for all of them, was Hindi. However, the only non-Hindi state to seek a similar power—, which sought the right to conduct proceedings in in its —had its application rejected by the central government earlier, which said it was advised to do so by the Supreme Court.
In 2006, the law ministry said that it would not object to Tamil Nadu state's desire to conduct proceedings in. In 2010, the Chief Justice of the allowed lawyers to argue cases in Tamil. List of official languages by states List of official languages of states of India No. State Official language(s) Additional official language(s) 1.
English, in three districts of, in areas 4. (Manipuri) 17. And 18., and 19. Additional ten local languages 24. 29., in and sub-divisions, List of official languages of Union Territories of India Union territories No. Union territory Official language(s) Additional official language(s) 1.
3., and 4., and 5., and 6., (in Minicoy Island), 7., Eighth Schedule to the Constitution. Main article: The Eighth Schedule to the contains a list of 22 scheduled languages. At the time the constitution was enacted, inclusion in this list meant that the language was entitled to representation on the, and that the language would be one of the bases that would be drawn upon to enrich Hindi, the official language of the Union. The list has since, however, acquired further significance. The Government of India is now under an obligation to take measures for the development of these languages, such that 'they grow rapidly in richness and become effective means of communicating modern knowledge.' In addition, a candidate appearing in an examination conducted for public service at a higher level is entitled to use any of these languages as the medium in which he or she answers the paper. Via the 92nd Constitutional amendment 2003, four new languages –, and – were added to the 8th Schedule of the Indian Constitution.
The table below lists the 22 languages set out in the Eighth Schedule as of May 2008, together with the regions where they are used. Even though the English language is not included in the Eighth Schedule (as it is a foreign language), it is one of the official languages of the Union of India.
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