Constitutional Law Of India

"For the busy practitioner, it is in the nature of a pocket encyclopaedia on Indian Constitutional Law, giving the text of the Constitution as amended, with pointed notes. Also ideal for law students."

D.D. BASU’S
CONSTITUTIONAL LAW OF INDIA
Contents
CONTENTS
PREAMBLE
1. Object and Scope of the Preamble 2
2. Effects of insertion of the words ‘socialist’ and ‘secular’ 3
3. Preamble, its construction 6
4. Constitutional Amendment and Judicial Review 6
5. Basic Structure of the Constitution 6
6. Secularism 6
7. Federalism 7
8. Parliamentary sovereignty 7
9. Welfare State 7
10. Living Law 7
PART I
THE UNION AND ITS TERRITORY
Art. 1 Name and territory of the Union 9
1. Membership of the Union and Territory of India 9
2. Cl. (3)(c) 9
Art. 2 Admission or establishment of new States 10
Art. 2A [Sikkim to be associated with the Union.] Rep. by the Constitution (Thirty-sixth Amendment) Act, 1975, s. 5 (w.e.f. 26-4-1975) 10
Art. 3 Formation of new States and alteration of areas, boundaries or names of existing States 10
1. Power to cede Territory 11
2. Proviso 11
Art. 4 Laws made under Arts. 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters 11
PART II
CITIZENSHIP
Art. 5 Citizenship at the commencement of the Constitution 13
Art. 6 Rights of citizenship of certain persons who have migrated to India from Pakistan 13
1. Scope of Arts. 5-11 14
2. Persons who were Citizens of India at the Commence-ment of the Constitution 14
3. Domicile 15
4. Domicile in the Territory of India, at the Commence-ment of the Constitution 15
5. No Separate Domicile for a State 16
Art. 7 Rights of citizenship of certain migrants to Pakistan 16
1. Art. 7: Migration to Pakistan 16
2. Migration 16
Art. 8 Rights of citizenship of certain persons of Indian origin residing outside India 17
Art. 9 Persons voluntarily acquiring citizenship of a foreign State not to be citizens 17
1. ‘Foreign State’ 17
2. ‘Has acquired’ 17
Art. 10 Continuance of the rights of citizenship 18
Art. 11 Parliament to regulate the right of citizenship by law 18
1. Law relating to Citizenship 18
PART III
FUNDAMENTAL RIGHTS
General
Art. 12 Definition 21
1. Role of Fundamental Rights in the Constitution of India 21
2. ‘The State’ in Part III 23
3. Fundamental Rights 25
Art. 13 Laws inconsistent with or in derogation of the fundamental rights 25
1. Cl. (1): Existing Laws inconsistent with the Consti-tution 26
2. Cl. (2): Post-Constitution Laws which are inconsistent shall be void ab initio 26
3. ‘To the Extent of the Inconsistency or Contravention’ 27
4. The doctrine of severability 27
5. Exceptions to Art. 13. 27
6. The Court’s Power and Duty to declare a Law unconstitutional 28
7. When will a Court decide the Question of Consti-tutionality of a law 28
8. Test of unconstitutionality 28
9. Presumption in favour of constitutionality 29
10. Who can challenge in constitutionality of law 29
11. Public Interest Litigation 30
12. Can a Fundamental Right be waived 30
13. Effect of a law being declared unconstitutional 30
14. Power of the Legislature when statute declared unconstitutional 31
15. Cl. (3)(a): ‘Law’ 31
16. No Law excluded from Art. 13(2) 32
Art. 14 Equality before law 33
1. What ‘equal protection’ means 34
2. Presumption that the classification is reasonable 34
3. Burden of Proof and Pleading 35
4. What classification is Reasonable 35
5. Reasonable basis of classification 36
6. Classification of a single individual and ad hoc legislation 37
7. Classification—Medicare to ex-servicemen 37
8. Equal Protection may be denied by procedural laws as well 37
9. Provision for Special Courts, how far offends against Art. 14 38
10. Law conferring discretionary power upon the Ex-ecutive 38
11. Exercise of discretion in distributing State Largess 39
12. Equal Protection and Taxation 39
13. Denial of Equal Protection may take place in the administration of law 41
14. Denial of Equal Protection by non-statutory administrative act 42
15. Denial of Equal Protection in Service Matters 42
16. Discrimination in the matter of Admission to Educational Institutions 42
17. Education 44
18. Expansion of Art. 14 by judicial interpretation 44
19. Art. 14 and Natural Justice 44
20. Natural Justice 45
21. Exceptions to Art. 14 45
22. Suspension of Art. 14 45
23. Legitimate Expectation 45
24. Government contract 46
25. Motor Vehicle Tax 46
26. Doctrine of Parity 46
27. Equality clause 47
28. Gender Equality 47
29. Constitutional Validity 47
30. Regulatory Statute 47
31. Ban on trade in Ivory 47
32. Malice of Law 47
33. Elective Office of Panchayat 48
34. Guided Power 48
35. Illegalities 48
36. Construction of Residential Houses 48
37. Reasoned Order 48
Art. 15 Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth 63
1. Scope of Cl. (1) : Prohibition against Discrimination 64
2. ‘Religion, Race or Caste’ 64
3. Cl. (3) : Special provision for women and children 64
4. Scope of Cl. (4) : Special provision for Backward Classes 64
5. Scope of the Article 65
6. The narrower path usually trod 65
7. The broader path overlooked? 65
8. True scope 66
9. ‘Backward Classes’ 66
Art. 16 Equality of opportunity in matters of public employment 67
1. Scope of Art. 16 69
2. Cl. (1): Equality in the matter of Appointment 69
3. ‘Appointment’ includes Promotion 71
4. Promotion 72
5. ‘Appointment’ includes Termination of Service 72
6. Termination of Service 72
7. Abolition of post 72
8. Cl. (3): Residential Qualification 73
9. Scope of Cl. (4): Reservation for Backward Classes 73
10. Benefit of Reservation 74
11. Reservation for Handicapped and Women 74
12. Creamy layer 74
13. Recruitment examination 75
14. Essential Qualification—Power of Relaxation 75
15. Selection Criteria 75
16. Appointment—Selection 75
17. Appointment 75
18. Vested Right 75
19. One Unit System 75
20. Contract of Service 75
21. Classification of Employees 75
22. Selection Panel 75
23. Wait-listed Candidates 76
24. Appointment 76
25. Additional Qualification 76
26. Compassionate Appointment 76
27. Inter se Seniority 76
28. Deputation 77
29. Departmental Enquire and Criminal Trial 77
30. Employees of Central Government 77
31. Annual Confidential Reports 77
32. Pay Revision 77
33. Suppression of Material Fact 77
34. Casual Labour 77
35. Regularisation of service 77
36. Temporary status 78
37. Retrenched employees 78
38. Disciplinary Proceedings 78
39. Exfunction of Adverse Remarks 78
40. Public Interest Litigation 78
Art. 17 Abolition of Untouchability 78
Art. 18 Abolition of titles 78
Right to Freedom
Art. 19 Protection of certain rights regarding freedom of speech, etc. 78
1. Object of Art. 19(1): A guarantee against State action 82
2. Nature of the Rights that are guaranteed by Art. 19 82
3. Ambit of the Rights included in Cl. (1) 82
4. Whether a Corporation can be a Citizen within the meaning of Art. 19 83
5. Object of Cls. (2)-(6) 83
6. Burden of Proof 84
7. What constitutes a ‘Restriction’ 85
8. What is ‘Reasonable’ Restriction 85
9. Freedom of speech 87
10. Substantive and Procedural Reasonableness 87
11. Total Prohibition when Reasonable 87
12. Reasonableness of Laws under Arts. 21-22 88
13. Reasonableness of Laws under Art. 265 88
14. Doctrine of Severability: How far applicable when a Restriction is ‘Unreasonable’ 88
15. Exceptions to Art. 19 89
16. Indirect limitation of Fundamental Rights by Funda-mental Duties 89
17. Suspension of Art. 19 during Emergency 89
18. Cl. (1)(a) : Freedom of Speech and Expression 89
19. Freedom of Expression 90
20. Freedom of Press 90
21. Interviewing Prisoner in Jail 90
22. Trial by Media 90
23. Right to Know/Freedom of Speech 90
24. Right to Information 90
25. Grounds of Restriction of the Freedom of Speech and Expression 90
(i) ‘Security of the State’ 91
(ii) ‘Friendly Relations with Foreign States’ 91
(iii) ‘Public Order’ 91
(iv) ‘Decency or Morality’ 92
26. The text of obscenity 92
27. Art. 19(1)(a) of the ‘Constitution of India’ 93
28. Reasonable restrictions under Art. 19(2) 93
29. Obscenity 94
(v) ‘Contempt of Court’ 95
(vi) ‘Defamation’ 95
(vii) ‘Incitement to an Offence’ 95
(viii) ‘Sovereignty and Integrity of India’ 95
30. Mere disaffection cannot be penalised under the Constitution: Law of Sedition 95
31. The rights to Strike and to Picket 96
32. Reasonableness of Restrictions 96
33. Freedom of Press 96
34. What constitutes a restriction upon the Freedom of the Press 97
35. Unreasonable restrictions upon the Freedom of the Press 98
36. Constitutionality of Pre-censorship 98
37. Freedom of Expression and Fundamental Duties 99
38. Freedom of Speech of Government Servants 99
39. Cl. (1)(b) : Freedom of Assembly 99
40. Freedom of Assembly and Fundamental Duties 100
41. Freedom of Assembly of Government Servants 100
42. Cl. (1)(c) : Freedom of Association 100
43. Cl. (4) : Restrictions on the Right 102
44. Reasonableness of Restrictions 102
45. Freedom of Association of Government Servants 102
46. Cl. (1)(d) : Freedom of Movement 102
47. Reasonableness of Restrictions 104
48. Cl. (1)(e): Freedom of Residence 104
49. Reasonableness of Restrictions 105
50. Art. 19(1)(f) : Freedom of Property (Omitted) 105
51. Black Listing of Contractor 107
52. Trade in Liquor 107
53. Reasonable Restriction 107
54. Right to Trade 108
55. Cl. (1)(g) : Freedom of Profession, Trade, Business 105
56. Calling of one’s own choice 108
57. Res extra commercium 108
58. Reasonable restrictions 110
59. Ban on Trade in Ivory/Reasonable Restriction 111
60. Trading with Government 111
61. Right to close a business 111
62. Whether ‘Restriction’ includes Prohibition 112
63. Permit and Licence in relation to the Freedom of Business 113
64. ‘Interests of the General Public’ 115
65. Reasonableness of Restrictions 115
(A) Substantive Aspect 115
I. Instances of Unreasonable Restrictions 115
II. Instances of Reasonable Restrictions 116
(B) Procedural Aspect 117
I. Instances of Reasonable Restrictions 117
II. Instances of Unreasonable Restrictions 118
66. Cl. (6)(i) : Professional or Technical Qualifications 118
67. Cl. (6)(ii): Trading by the State 118
68. Whether the State can create a Monopoly Right in favour of a particular Individual or Individuals 119
69. Freedom of Business of Government Servants 120
70. Arts. 19(1)(g) and 21 120
71. Arts. 19(1)(g) and 31B 120
72. Arts. 19(1)(g) and 31C 120
73. Arts. 19(1)(g) and 301 120
Art. 20 Protection in respect of conviction for Offences. 120
1. Scope of Art. 20 121
2. Cl. (1): Prohibition against Retrospective Criminal Law 121
3. ‘Shall be convicted’ 122
4. ‘Penalty greater than that which might have been inflicted’ 122
5. ‘Penalty’ 122
6. Cl. (2): Immunity from Double Punishment 123
7. Conditions for the application of Cl. (2) 123
8. ‘Prosecuted and Punished’ 124
9. ‘Punishment’ 124
10. Double Jeopardy 124
11. ‘Same Offence’ 124
12. Cl. (3): Accused’s Immunity from being compelled to be a Witness against Himself 125
13. ‘Person’ 125
14. ‘Accused of an Offence’ 125
15. Stage from which the Immunity is available 125
A. Formal Accusation 125
B. Accusation normally resulting in prosecution 126
16. ‘Compelled’ 126
17. ‘To be a witness against himself’ 128
18. The Immunity extends to production of Documentary Evidence 128
19. Whether the Immunity extends to production of Material Evidence, Specimen Writing, etc 129
20. To be witness 130
21. Effects of violation of Art. 20(3) 130
Art. 21 Protection of life and personal liberty 130
1. Object of Art. 21: Protection of Personal Liberty 130
2. Scope of Art. 21 131
3. ‘Deprived’ 131
4. ‘Life’ 131
5. ‘Personal Liberty’ 132
6. ‘Procedure established by law’ 134
7. Applicability of Art. 19 to Prisoners 137
8. Suspension of Art. 21 during Emergency 138
9. Right to life 138
10. Fair Trial 139
11. Speedy Trial 139
12. Under Trial—Prisoner 139
13. Female Prisoner 139
14. Child Birth in Prison 140
15. Appeal against conviction 140
16. Compensation 140
17. Ecological Balance 140
18. Environmental Protection 140
19. Noise pollution 140
20. Election law 140
21. Wrongful withholding of company property 141
Art. 21A Right to education 141
Art. 22 Protection against arrest and detention in certain cases 141
1. Arts. 21-22 143
2. Scope of Cls. (1)-(2) 143
3. Cl. (2) : Safeguards against Arrest 143
4. Right to be informed of the Grounds 144
5. The Right to consult Legal Practitioner 144
6. Right to be defended by a Legal Practitioner 145
7. Judgments on the Right to Legal Aid: The Inter-national Position 145
8. Cl. (2) : Right to be produced before the nearest Ma-gistrate 148
9. Cls. (3)-(7) : Nature of Preventive Detention and the Constitution Safeguards relating thereto 148
10. Cl. (5) : The Right of Representation 149
11. What is a ‘vague’ Ground 152
12. What is an ‘Irrelevant’ Ground 153
13. When one of several Grounds is Irrelevant or vague 153
14. Prevention Detention 153
15. Effect of supplying vague Grounds 153
16. Applicability of Art. 19 to procedure under Art. 22 153
17. Other fundamental rights of a detenu 154
Right against Exploitation
Art. 23 Prohibition of traffic in human beings and forced labour 154
1. ‘Forced labour’ 154
Art. 24 Prohibition of employment of children in factories, etc 154
1. Applicability 154
2. Abolition of child labour 155
3. Reasons why child labour continues 155
Right to Freedom of Religion
Art. 25 Freedom of conscience and free profession, practice and propagation of religion 156
1. Art. 25 : Freedom of Conscience and Religion 157
2. Protection to Hindus 157
3. Cl. (1) : ‘Subject to Public Order, Morality or Health’ 157
4. ‘Subject to the other Provisions of this Part’ 157
5. ‘All Persons’ 157
6. ‘To Profess and Practise’ 158
7. ‘To Propagate’ 158
8. ‘Religion’ 158
9. Cl. (2)(a) : Scope of State Regulation 159
10. Cl. (2)(b) : Social Reform 159
11. Throwing Open of Hindu Religious Institutions 160
12. National Integration 160
Art. 26 Freedom to manage religious affairs 160
1. Arts. 25-26 161
2. Art. 26: Rights of Religious Denomination 161
3. Religious Denomination 161
4. Cl. (a) : Right to establish and maintain Religious Institutions 161
5. Cl. (b) : Right to manage own Affairs in Matters of Religion 161
6. ‘Matters of Religion’ 162
7. Cl. (c) : Right to own Property 163
8. Cl. (d) : Right to administer Property 163
9. Cls. (b) and (d) 164
10. Cls. (c)-(d) 165
Art. 27 Freedom as to payment of taxes for promotion of any particular religion 165
1. Art. 27: No Taxation for purposes of Religion 165
Art. 28 Freedom as to attendance at religious instruction or religious worship in certain educational institutions 166
Cultural and Educational Rights
Art. 29 Protection of interests of minorities 166
1. Scope of Arts. 29-30 166
2. Cl. (1): Protection of cultural Rights of Minorities 167
3. Object of Cl. (2) 167
4. ‘Only of religion, race, caste, language’ 167
5. Arts. 15(1) and 29(2) 168
6. Arts. 15(4) and 29(2): Right of Backward Classes to Admission into Educational Institutions 168
Art. 30 Right of minorities to establish and administer educational institutions 168
1. Cl. (1): Right of minority to establish educational institutions 169
2. Conditions for the application of Cl. (1) 170
3. Ambit of the Right conferred by Cl. (1) 170
4. Limits to the Right under Cl. (1) 170
5. Minority Educational Institution 172
6. Minority Institution 172
7. ‘Minority’ 172
8. ‘The Right to establish and administer’ 173
9. Medium of instruction and Art. 30 173
10. Cl. (1A) 173
11. Arts. 30(1) and 19 173
12. Arts. 30(1) and 28(3) 174
13. Arts. 30(1) and 29 174
14. Art. 30(1) and the Directive Principles 175
15. Whether right if art. 30(1) is a shield to protect the interest of minorities?
or
Can it be used as a sword to destroy the general laws of the land including 175
Art. 31 [Compulsory Acquisition of Property.] Rep. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 6 (w.e.f. 20-6-1979) 175
1. Effects of the 44th Amendment on Right to Property 175
Saving of Certain Laws
Art. 31A Saving of laws providing for acquisition of estates, etc 176
1. Object of Art. 31A 178
2. Object of further Amendment by the Constitution (17th Amendment) Act, 1964 179
3. Protection of amending Acts 179
4. Cl. (1): ‘Notwithstanding anything in Art. 13’ 179
5. Sub-Cl. (a): ‘Law providing for the acquisition by the State of any Estate or of any Rights Therein’ 179
6. Ancillary measures may be included 180
7. ‘Estate’ 181
8. ‘Rights Therein’ 181
9. ‘Extinguishment of such Rights’ 181
10. ‘Modification of any such Rights’ 182
11. ‘Extinguishment or Modification of Rights in an Estate’ 182
12. Sub-Cl. (b): ‘Taking Over of Management of any Pro-perty’ 183
13. Sub-Cl. (c): Amalgamation of Corporations 184
14. Sub-Cl. (d): Extinction or modification of Rights of Directors or Share holders, etc 184
15. Sub-Cl. (e): Extinction or modification of Rights under Mining Leases 184
16. 1st Proviso 185
17. 2nd Proviso 185
18. ‘Law in Force’ 186
19. Cl. (2)(a): ‘Estate’ 186
20. Sub-Cl. (i): ‘Jagir or other similar Grant’ 186
21. Sub-Cl. (iii) 187
22. Cl. (2)(b): ‘Rights in relation to an Estate’ 187
23. ‘Other Intermediary’ 187
24. Arts. 31A-31C 187
Art. 31B Validation of certain Acts and Regulations 188
1. Object of Art. 31B 188
2. Scope of Art. 31B 189
3. ‘Acts and Regulations specified in the Ninth Sche-dule’ 189
4. Power to amend the Acts Specified in the Ninth Sche-dule 190
Art. 31C Saving of laws giving effect to certain directive principles 190
1. Ambit of Art. 31C, as amended by the 42nd Amend-ment Act 190
2. ‘All or any of the principles laid down in Part IV’ 191
3. Whether the purpose behind a Law under Art. 31C can be questioned by a court 192
4. Art. 31C and the Ninth Schedule 193
Art. 31D [Saving of laws in respect of anti-national activities.] Rep. by the Constitution (Forty-third Amendment) Act, 1977, s. 2 (w.e.f. 13-4-1978) 195
Art. 32 Remedies for enforcement of right conferred by this Part 195
1. Scope of Art. 32: Enforcement of Fundamental Rights by Supreme Court 196
2. Applications under Arts. 32 and 226 197
3. Cl. (1): Effects of the Guarantee 199
4. Amplitude of Supreme Court’s Jurisdiction under Art. 32 200
5. Who may apply under Art. 32 201
6. Public interest litigation 203
7. Loss of locus standi 204
8. Certiorari Jurisdiction over Judicial or Quasi-judicial decisions 204
9. Application under Art. 32 against an order of Taxa-tion 205
10. Applicability of Prohibition 205
11. Applicability of Mandamus 205
12. Applicability of habeas corpus 206
13. Delay and Acquiescence, how far grounds for re-fusing Relief under Art. 32 206
14. Other discretionary grounds for refusing relief 207
15. Order for Compensation 207
16. Res Judicata 207
17. Whether decision under Art. 226 bars Petition under Art. 32 208
18. Legislative declaration in subject of judicial review 208
19. Judicial Review 208
20. Soverign Power 208
21. Prospective Overruling 208
22. Administrative Decision 209
23. Constitutional Validity of POTA 209
24. Power of Court 209
25. Curative Petition 209
26. Admission to BDS Course 209
27. Exemplary Damages 209
28. Delay and Laches 209
29. Re-opening of case 209
Art. 32A [Constitutional validity of State laws not to be considered in proceedings under Article 32.] Rep. by the Constitution (Forty-third Amendment) Act, 1977, s. 3 (w.e.f. 13-4-1978) 209
Art. 33 Power of Parliament to modify the rights conferred by this Part in their application to forces, etc 210
1. Art. 33: Restrictions upon Fundamental Rights of Members of Armed Forces 210
Art. 34 Restriction on rights conferred by this Part while martial law is in force in any area 210
1. Martial law and Suspension of Habeas Corpus 211
Art. 35 Legislation to give effect to the provisions of this Part 211
Art. 35A Saving of laws with respect to permanent residents and their rights 212
PART IV
DIRECTIVE PRINCIPLES OF
STATE POLICY
Art. 36 Definition 213
Art. 37 Application of the principle contained in this Part 213
1. Utility of the Directive Principles 213
2. Role of the Courts in relation to the Directives 214
3. Reasonableness of laws to implement Directives 215
Art. 38 State to secure a social order for the promotion of welfare of the people 216
Art. 39 Certain principles of policy to be followed by the State 216
1. Cl. (b) 217
2. Cl. (c) 218
3. Cl. (d) 218
4. Equal pay for Equal Work 218
5. Judicial Officers 219
6. Cl. (f) 219
Art. 39A Equal justice and free legal aid 219
1. Object behind Art. 39A 219
Art. 40 Organisation of village panchayats 220
Art. 41 Right to work, to education and to public assistance in certain cases 220
1. Public assistance in cases of undeserved want 220
Art. 42 Provision for just and humane conditions of work and maternity relief 221
Art. 43 Living wage, etc., for workers 221
1. Labour legislation 221
Art. 43A Participation of workers in management of industries 221
1. Object behind Art. 43A 221
2. Application of Art. 43A 222
Art. 44 Uniform civil code for the Citizens 222
1. Need for a uniform civil code 222
Art. 45 Provision for early childhood care and education to children below the age of six years 223
1. Scope of the Directive 223
Art. 46 Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections 223
1. Weaker sections 223
2. Economic interests of the weaker sections 224
Art. 47 Duty of the State to raise the level of nutrition and the standard of living and to improve public health 224
1. ‘Except for medicinal purposes’ 224
2. Directions 224
3. Prohibition of Liquor Consumption 224
Art. 48 Organisation of agriculture and animal husbandry 225
1. Prohibition of Cow Slaughter 225
Art. 48A Protection and improvement of environment and Safeguarding of forests and wild life 225
1. Environment Protection 225
Art. 49 Protection of monuments and places and objects of national importance. 225
Art. 50 Separation of judiciary from executive 226
1. Object of Art. 50 226
Art. 51 Promotion of international peace and security 226
1. Cl. (c): ‘Respect for international law’ 226
PART IV-A
FUNDAMENTAL DUTIES
Art. 51A Fundamental Duties 227
1. Utility of the Fundamental Duties 228
2. Retirement Age of Air Hostesses 229
3. Duties of Citizens 229
PART V
THE UNION
CHAPTER 1
THE EXECUTIVE
The President and Vice-President
Art. 52 The President of India 231
Art. 53 Executive power of the Union 231
1. No Theory of Separation of Powers underlying the Constitution 231
2. ‘Executive Power’ 233
3. Exercise of Executive Power not dependent on prior legislation 233
4. ‘Officers subordinate to him’ 234
Art. 54 Election of President 234
Art. 55 Manner of election of President 234
Art. 56 Term of office of President 235
1. Cl. (1), Prov. (c) 235
Art. 57 Eligibility for re-election 236
Art. 58 Qualifications for election as President 236
Art. 59 Conditions of President’s office 236
Art. 60 Oath or affirmation by the President 237
Art. 61 Procedure for impeachment of the President 237
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 238
Art. 63 The Vice-President of India 238
Art. 64 The Vice-President to be ex-officio Chairman of the Council of States 238
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 238
1. Cl. (1) 239
Art. 66 Election of Vice-President 239
Art. 67 Term of office of Vice-President 240
Art. 68 Time of holding election to fill vacancies in the office of Vice-President and the term of office of person elected to fill casual vacancy 240
Art. 69 Oath or affirmation by the Vice-President 240
Art. 70 Discharge of President’s functions in other contingencies 240
Art. 71 Matters relating to, or connected with, the election of a President or Vice-President 241
1. Cl. (1): Decision of Doubts and Disputes relating to Presidential Election 241
2. Scope of Supreme Court’s jurisdiction when election of President or Vice-President is challenged 242
3. Arts. 58 and 71 242
Art. 72 Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases 242
1. President’s power to pardon 243
2. Withdrawal of Pardon 243
Art. 73 Extent of executive power of the Union 243
1. ‘Subject to the Provisions of the Constitution’ 244
2. ‘Executive Power’ 244
3. Cl. (1) (a) 244
4. Whether specific legislation is required for the exercise of Executive Power relating to a particular subject 244
5. Proviso 245
6. Merger 245
7. Policy Documents 245
Council of Ministers
Art. 74 Council of Ministers to aid and advise President 245
1. Relation between the President and the Council of Ministers 245
2. Cl. (2) 248
3. President as Visitor of Central Universities/Institu-tions 248
Art. 75 Other provisions as to Ministers 249
The Attorney-General of India
Art. 76 Attorney-General for India 250
Conduct of Government Business
Art. 77 Conduct of business of the Government of India 250
Art. 78 Duties of Prime Minister as respects the furnishing of information to the President, etc 251
CHAPTER 2
PARLIAMENT
General
Art. 79 Constitution of Parliament 253
Art. 80 Composition of the Council of States 253
1. Right to vote 254
2. Residence 254
Art. 81 Composition of the House of the People 254
Art. 82 Readjustment after each census 255
Art. 83 Duration of Houses of Parliament 256
Art. 84 Qualification for membership of Parliament 256
Art. 85 Sessions of Parliament prorogation and dissolution 256
1. Cl. (1): Summoning of Parliament 257
2. Cl. (2)(b): Dissolution of House of the People 257
Art. 86 Right of President to address and send messages to Houses 257
Art. 87 Special address by the President 258
Art. 88 Rights of Ministers and Attorney-General as respects Houses 258
Officers of Parliament
Art. 89 The Chairman and Deputy Chairman of the Council of States 258
Art. 90 Vacation and resignation of, and removal from, the office of Deputy Chairman 258
Art. 91 Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as Chairman 259
Art. 92 The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration 259
Art. 93 The Speaker and Deputy Speaker of the House of the People 259
Art. 94 Vacation and resignation of, and removal from, the offices of speaker and Deputy Speaker 260
Art. 95 Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as Speaker 260
Art. 96 The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration 260
Art. 97 Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker 261
Art. 98 Secretariat of Parliament 261
Conduct of Business
Art. 99 Oath or affirmation by members 261
Art. 100 Voting in Houses, power of Houses to act notwithstanding vacancies and quorum 261
Disqualifications of Members
Art. 101 Vacation of seats 262
1. Cl. (3)(b): Resignation of membership 263
Art. 102 Disqualifications for membership 264
1. Cl. (1)(a) 264
2. ‘Office of profit under the Government’ 264
3. Office of Profit 265
4. Opinion 266
Art. 103 Decision on questions as to disqualification of members 265
Art. 104 Penalty for sitting and voting before making oath or affirmation under Art. 99 or when not qualified or when disqualified 265
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 266
1. Analogous Provision 266
2. Cl. (2): Freedom of Speech 266
3. Publication without Authority 267
4. Cl. (3) 267
Art. 106 Salaries and allowances of members 267
Legislative Procedure
Art. 107 Provisions as to introduction and passing of Bills 267
1. Cl. (3): ‘Pending’ 268
Art. 108 Joint sitting of both Houses in certain cases 268
Art. 109 Special procedure in respect of Money Bills 269
Art. 110 Definition of “Money Bills” 270
Art. 111 Assent to Bills 271 Procedure in Financial Matters
Art. 112 Annual financial statement 271
Art. 113 Procedure in Parliament with respect to estimates 273
Art. 114 Appropriation Bills 273
Art. 115 Supplementary, additional or excess grants 273
Art. 116 Votes on account, votes of credit and exceptional grants 274
Art. 117 Special provisions as to financial Bills 275
Procedure Generally
Art. 118 Rules of procedure 275
1. Rules of Procedure 276
Art. 119 Regulation by law of procedure in Parliament in relation to financial business 276
Art. 120 Language to be used in Parliament 276
Art. 121 Restriction on discussion in Parliament 277
Art. 122 Courts not to inquire into proceedings of Parliament 277
CHAPTER 3
LEGISLATIVE POWERS OF THE PRESIDENT
Art. 123 Power of President to promulgate Ordinances during recess of Parliament 279
1. Cl. (2): ‘Same force and effect as an Act of Parlia-ment’ 280
CHAPTER 4
THE UNION JUDICIARY
Art. 124 Establishment and Constitution of Supreme Court 281
1. ‘Consultation’ 282
2. Cl. (4) 282
Art. 125 Salaries, etc., of Judges 283
Art. 126 Appointment of acting Chief Justice 283
Art. 127 Appointment of ad hoc Judges 283
Art. 128 Attendance of retired Judges at sittings of the Supreme Court 283
Art. 129 Supreme Court to be a court of record 284
1. Power to punish for Contempt of itself 284
2. Contempt of Court 284
3. False Statement 284
Art. 130 Seat of Supreme Court 285
Art. 131 Original jurisdiction of the Supreme Court 285
1. Scope of the Original Jurisdiction of the Supreme Court 286
2. ‘Subject to the Provisions of this Constitution’ 287
3. Interpretation of Constitution 287
4. Scope of Suit under Art. 131 287
Art. 131A [Exclusive Jurisdiction of the Supreme Court in regard to questions as to constitutional validity of Central laws.] Rep. by the Constitution (Forty-third Amendment) Act, 1977, s. 4 (w.e.f. 13-4-1978). 287
Art. 132 Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases 287
1.
Art. 132: Appeals involving Constitutional Questions 288
2. ‘Substantial Question as to Interpretation of this Constitution’ 288
Art. 133 Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters 289
1. Art 133: Civil Appeals 290
2. Appeal 291
3. Cl. (1): ‘Judgment, Decree or Final Order’ 291
4. Sub-cl. (a): What is a Question of Law 292
5. ‘A substantial Question of law’ 292
6. ‘Of general importance’ 293
7. Question of fact 293
8. Sub-Cl. (b): ‘Question needs to be decided by the Supreme Court’ 293
9. New Plea 293
10. Interlocutory Application 294
Art. 134 Appellate jurisdiction of Supreme Court in regard to criminal matters 294
1. Cl. (1): Criminal Proceeding 295
2. Cl. (1)(a): ‘Acquittal’ 295
3. Cl. (1)(b) 295
4. Cl. (1)(c): Conditions for exercise of Power under Art. 134(1)(c) 295
5. Appeal 296
6. Appeal against acquittal 296
7. Criminal Appeal—Appeal against Constitution 296
8. Economic Offences 296
9. Infructous Appeal 296
10. Reduction in sentence 296
11. Locas Standi 296
Art. 134A Certificate for appeal to the Supreme Court 297
Art. 135 Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court 297
Art. 136 Special leave to appeal by the Supreme Court 297
1. General Principles relating to the granting of Special Leave under Art. 136 298
2. SLP Maintainability 299
3. Special leave to Appeal (SLP) 299
4. Special Leave Petition 299
5. Interference with finding of fact 299
6. Question of fact 300
7. Appeal against conviction 300
8. Consequential relief 300
9. Concurrent finding 300
10. PIL Expunction of remarks 300
11. Equitable relief 301
12. Recalling Interim Order 301
13. Judicial Relief 301
Art. 137 Review of judgments or orders by the Supreme Court 301
1. Grounds of Review 301
2. Review—Exercise of power 301
3. Review 302
Art. 138 Enlargement of the jurisdiction of the Supreme Court 302
Art. 139 Conferment on the Supreme Court of powers to issue certain writs 302
Art. 139A Transfer of certain cases 302
1. Effects of Amendment 303
2. Transfer of Writ Petition 303
3. Transfer of Cases to Supreme Court 304
Art. 140 Ancillary powers of Supreme Court 304
Art. 141 Law declared by Supreme Court to be binding on all courts 304
1. Binding force of Supreme Court decisions 304
2. ‘Law declared’ 305
3. Obiter Dictum 305
4. Precedent 305
5. Binding Precedent 306
6. Judicial Discipline 306
7. Prospective over-ruling, doctrine of 306
8. Stare Decisis 306
Art. 142 Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc. 307
1. Discretionary Jurisdiction 307
2. Power of Supreme Court to do complete justice 307
3. Power to do complete justice 307
4. Appointment as civil judge (J Div)—Reservation for women 308
5. Curative Petition 308
6. Arbitration 308
7. Direction for promotion 308
8. Compensation 308
9. Prospective over-ruling 309
10. Inter-State Transfer of Prisoners 309
Art. 143 Power of President to consult Supreme Court 309
1. Art. 143: Consultative or advisory Function of the Supreme Court 309
2. Scope of Court’s power on the reference 310
3. Binding Force of Opinion under Art. 143 311
Art. 144 Civil and judicial authorities to act in aid of the Supreme Court 311
Art. 144A [Special provisions as to disposal of questions relating to constitutional validity of laws.] Rep. by the Constitution (Forty-third Amendment) Act, 1977, s. 5 (w.e.f. 13-4-1978). 311
Art. 145 Rules of Court, etc 311
1. Cl. (1): Rule-making Power 313
2. Reference to Larger Bench 313
3. Criminal Appeal 313
Art. 146 Officers and servants and the expenses of the Supreme Court 313
Art. 147 Interpretation 314
CHAPTER 5
COMPTROLLER AND AUDITOR-GENERAL OF INDIA
Art. 148 Comptroller and Auditor-General of India 315
Art. 149 Duties and powers of the Comptroller and Auditor-General 316
Art. 150. The accounts of the Union and of the States shall be kept in such form as the President may, [on the advice of] the Comptroller and Auditor-General of India, prescribe]. 316
Art. 151 Audio reports 316
PART VI
THE STATES
CHAPTER 1
GENERAL
Art. 152 Definition 317
CHAPTER 2
THE EXECUTIVE
The Governor
Art. 153 Governors of States 319
Art. 154 Executive powers of State 319
1. Cl. (1): ‘Executive Power’ 319
2. ‘Officers subordinate to him’ 320
3. ‘In accordance with this Constitution’ 320
4. Cl. (2)(b): Law relating to Executive Functions 320
Art. 155 Appointment of Governor 321
Art. 156 Terms of office of Governor 321
1. Cl. (1): Pleasure of the President 321
2. Proviso 322
Art. 157 Qualifications for appointment as Governor 322
Art. 158 Conditions of Governor’s office 322
Art. 159 Oath or affirmation by the Governor 323
Art. 160 Discharge of the functions of the Governor in certain contingencies 323
Art. 161 Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases 323
1. Pardon 323
2. Release on probation 324
3. Withdrawal of Pardon 324
4. Pardon and Parole 324
Art. 162 Extent of executive power of State 324
1. Executive Power 324
2. ‘Shall extend laws’ 324
3. Executive Instructions 325
4. Rehabilitation Scheme 325
5. Policy Decision 325
6. Swatantrata Sainik Samman Pension Scheme 325
7. Expunction of remarks 325
Council of Ministers
Art. 163 Council of Ministers to aid and advise Governor 325
1. Art. 163: Council of Ministers and Governor 326
2. Consultation 326
3. Cl. (3) 326
4. District Council 327
Art. 164 Other provisions as to Ministers 327
The Advocate-General for the State
Art. 165 Advocate-General for the State 328
Conduct of Government Business
Art. 166 Conduct of business of the Government of a State 329
1. Cl. (1): Formality for Expression of ‘executive action’ 329
2. Advice of Council of Minister 330
3. When does it become an order of the Government 330
4. Government order 330
5. ‘Executive Action’ 330
6. Bar to Judicial Enquiry 330
Art. 167 Duties of Chief Minister as respects the furnishing of information to Governor, etc 331
CHAPTER 3
THE STATE LEGISLATURE
Art. 168 Constitution of Legislatures in States 333
1. Madhya Pradesh 333
Art. 169 Abolition or creation of Legislative Councils in States 333
Art. 170 Composition of the Legislative Assemblies 334
Art. 171 Composition of the Legislative Councils 335
Art. 172 Duration of State Legislatures 336
Art. 173 Qualification for membership of the State Legislature 337
1. Cl. (a) 337
2. Cl. (b) 337
3. Effect of Contravention 337
Art. 174 Sessions of the State Legislature, prorogation and disso-lution 338
1. Prorogation 338
2. Dissolution of Legislative Assembly 338
Art. 175 Right of Governor to address and send messages to the House or Houses 338
Art. 176 Special address by the Governor 339
Art. 177 Rights of Ministers and Advocate-General as respects the Houses 339
1. Choice of a Non-member as Minister 339
Officers of the State Legislature
Art. 178 The Speaker and Deputy Speaker of the Legislative Assembly 340
Art. 179 Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker 340
Art. 180 Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as Speaker 340
Art. 181 The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration 341
Art. 182 The Chairman and Deputy Chairman of the Legislative Council 341
Art. 183 Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman 341
Art. 184 Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman 342
Art. 185 The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration 342
Art. 186 Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman 342
Art. 187 Secretariat of State Legislature 342
Conduct of Business
Art. 188 Oath or affirmation by members 343
Art. 189 Voting in Houses, power of Houses to act notwithstanding vacancies and quorum 343
Disqualifications of Members
Art. 190 Vacation of seats 344
1. Cl. (3)(b): Resignation 345
Art. 191 Disqualifications for membership 345
1. Cl. (1)(a): ‘Office of profit under the Government’ 346
2. Disqualification procedure 346
3. Tenth Schedule Paras. 8, 2(1)(a) 346
4. Defections—Disqualification 346
5. Powers of Speaker 346
Art. 192 Decision on questions as to disqualifications of members 347
Art. 193 Penalty for sitting and voting before making oath or affirmation under Article 188 or when not qualified or when disqualified 347
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 347
1. Art. 194: Privileges of the Legislature 348
2. Cl. (1): Freedom of Speech: ‘Subject to the... Constitution’ 348
3. Scope of Cl. (2): Immunity from legal action 348
4. ‘Anything said’ 349
5. ‘Publication by or under the Authority of a House’ 349
6. Cl. (3): Effects of the 42nd and 44th Amendment Acts 349
Art. 195 Salaries and allowances of members 350
Legislative Procedure
Art. 196 Provisions as to introduction and passing of Bills 350
1. Cl. (3): Effect of Prorogation on pending Bills 350
Art. 197 Restriction on powers of Legislative Council as to Bills other than Money Bills 350
Art. 198 Special procedure in respect of Money Bills 351
Art. 199 Definition of “Money Bills” 352
Art. 200 Assent to Bills 353
1. No Interference by Court 353
2. No Time Limit for Governors Declaration 354
3. ‘Reservation for consideration of the President’ 354
Art. 201 Bills reserved for consideration 354
Procedure in Financial Matters
Art. 202 Annual financial statement 354
Art. 203 Procedure in Legislature with respect to estimates 355
Art. 204 Appropriation Bills 356
Art. 205 Supplementary additional or excess grants 356
Art. 206 Votes on account, votes of credit and exceptional grants 357
Art. 207 Special provisions as to financial Bills 357
Procedure Generally
Art. 208 Rules of Procedure 358
Art. 209 Regulation by law of procedure in the Legislature of the State in relation to financial business 358
1. Predominance of Law under Art. 209 359
Art. 210 Language to be used in or Legislature 359
Art. 211 Restriction on discussion in the Legislature 360
Art. 212 Courts not to inquire into proceedings of the Legislature 360
1. Cl. (1): Courts not to inquire into Proceedings of the Legislature 360
2. Cl. (2): Powers exercisable by an Officer of the Legislature 361
CHAPTER 4
LEGISLATIVE POWER OF THE
GOVERNOR
Art. 213 Power of Governor to promulgate Ordinances during recess of Legislature 363
1. Cl. (1): ‘Is satisfied’ 364
CHAPTER 5
THE HIGH COURTS IN THE STATES
Art. 214 High Courts for States 365
Art. 215 High Courts to be courts of record 365
1. ‘Court of Record’ 365
2. Procedure to be followed 365
3. Powers of High Court 365
Art. 216 Constitution of High Courts 366
Art. 217 Appointment and conditions of the office of a Judge of a High Court 366
1. Cl. (1): ‘After consultation with’ 368
2. Proviso (a) 368
3. Cl. (3): Determination of question as to Judge’s age 368
4. ‘A question as to age’ 369
5. ‘Decided’ 369
6. Conditions for the validity of the power under Art. 217(3) 370
7. Consultation with the Chief Justice of India 370
8. Rules of Natural Justice to be followed 370
9. Effect of adverse determination by President 371
10. Finality of the President’s decision 371
Art. 218 Application of certain provisions relating to Supreme Court to High Court 371
Art. 219 Oath or affirmation by Judges of High Courts 372
Art. 220 Restriction on practice after being a permanent Judge 372
Art. 221 Salaries, etc., of Judges 372
Art. 222 Transfer of a Judge from one High Court to another 372
1. Incidents of Transfer 373
Art. 223 Appointment of acting Chief Justice 373
Art. 224 Appointment of additional and acting Judges 373
Art. 224A Appointment of retired Judges at sittings of High Courts 374
Art. 225 Jurisdiction of existing High Courts 374
1. Amendment 374
2. Practice and Procedure 374
Art. 226 Power of High Courts to issue certain writs 375
1. Scope of the Article 377
2. General Principles relating to Art. 226 377
3. Necessary parties 379
4. Purposes for which the power under Art. 226 may be exercised 379
5. Writ, Public Law Remedy 379
6. Powers not limited to Prerogative Writs 381
7. Power of court 382
8. Observation by courts 382
9. Grounds upon which merely relief under Art. 226 should not be denied 382
10. General Grounds for refusing relief under Art. 226 383
11. Writ Petition, Maintainability 484
12. Alternative remedy: availability of 384
13. Rule of exhaustion of statutory remedy 388
14. Where alternative remedy not adequate 390
15. Who may apply under Art. 226 390
16. ‘Public interest litigation’ 392
17. Res Judicata: Whether Second Application lies 394
18. Whether judgment under Art. 226 bars Application under Art. 32 395
19. Whether decision under Art. 226 bars Appeal under Art. 136 396
20. Whether Writ lies against a Private Person 396
21. Whether Writ lies against the Legislature 397
22. Whether Writ lies against the High Court itself 397
23. Tribunals against whom no Writ under Art. 226 will issue 397
24. Relief under Art. 226 cannot be barred by Statute 399
25. Cl. (2): Territorial Jurisdiction 399
26. Jurisdiction 400
27. Writ Jurisdiction 400
28. Habeas Corpus, Nature of 400
29. When habeas corpus does not lie 400
30. Mandamus, nature and object of 401
31. Mandamus, Prohibition, Certiorari, and Quo Warran-to, distinguished from each other 401
32. Conditions Precedent to the issue of Mandamus 402
33. Grounds on which Mandamus may be refused 405
34. Against whom the Mandamus will issue 406
35. Against whom Mandamus will not issue 406
36. Prohibition, Nature of 407
37. Cases in which Prohibition is issued 407
38. Limits to the Writ of Prohibition 407
39. Certiorari, Nature of 408
40. General condition for issuing Certiorari 408
41. Exclusion of Tribunals mentioned in Arts. 323A-B 410
42. What makes a Decision Judicial or Quasi-judicial 410
(A) As to Statutory Obligation to act Quasi-judicially 411
(B) As to Quasi-judicial Obligation arising out of a contest between two parties 411
(C) As to Quasi-judicial Obligation inferred from the Nature of the Function 412
(D) As to Quasi-judicial Obligation being inferred from the Nature of the Rights affected 412
43. Whether certiorari is available against administrative decisions 413
44. Certiorari, uses of 415
A. Enforcement of Fundamental Rights 415
B. Quashing a decision which is without or in excess of jurisdiction 415
C. Quashing a decision vitiated by ‘error of law apparent on the face of the record’ 415
D. Violation of the Principles of Natural Justice 415
45. Disciplinary Proceedings against Students 418
46. Quo Warranto, Nature of 419
47. Conditions for the issue of Quo Warranto in relation to Public Office 419
48. Judicial Review 420
49. Contractual Matter—Judicial Review 421
50. Judicial Review—Contractual Matters 422
51. Judicial Review—Theft of Electricity 422
52. Judicial Review of Administrative Action 422
53. Administrative Action 423
54. Administrative Decision 423
55. Policy Decision 423
56. Directions 423
57. Extraordinary Jurisdiction—Power to summon senior officials 423
58. Prospective Overruling 423
59. Implementation of award 423
60. Forum Shopping 423
61. Installation of Statute 423
62. Delay and Latches 423
63. Revaluation of Answer Paper 424
64. Third party hearing 424
65. Nationalisation of route 424
66. Consent Decree 424
67. Estoppel 424
68. Demolition of Unauthorised Construction 424
69. Interim Order 425
70. Expunction of Remarks 425
71. Consequential Relief 425
72. Appointment of Commission 425
73. New Plea 425
74. Investigation 425
75. Notice 425
Art. 226A [Constitutional validity of Central laws not to be considered in proceedings under article 226.] Rep. by the Constitution (Forty-third Amendment) Act, 1977, s. 8 (w.e.f. 13-4-1978) 425
Art. 227 Power of superintendence over all courts by the High Court 425
1. Scope of and Conditions for Interference under Art. 227 426
2. Nature of High Courts’ power of superintendence 427
3. Supervisory Jurisdiction 429
4. Revisional Jurisdiction 429
5. Administrative Control 429
6. Arts. 226 and 227 429
Art. 228 Transfer of certain cases to High Court 429
1. Object of Art. 228 430
2. Conditions necessary for Application of the Article 430
3. Disposal of such cases 431
Art. 228A [Special provisions as to disposal of questions relating to constitutional validity of State laws] Rep. by the Constitution (Forty-third Amendment) Act, 1977, s. 10 (w.e.f. 13-4-1978) 431
Art. 229 Officers and servants and the expenses of High Courts 431
1. Object of Art. 229 432
2. Cl. (1): ‘Appointments’ 432
3. Proviso. 432
4. Cl. (2): Salaries, Conditions of Service, etc. 432
5. Writ Jurisdiction over Chief Justice 433
Art. 230 Extension of jurisdiction of High Courts to Union territo-ries 433
Art. 231 Establishment of a common High Court for two or more States 433
Art. 232 Omitted by the Constitution (7th Amendment) Act, 1956. 433
CHAPTER 6
SUBORDINATE COURTS
Art. 233 Appointment of district judges 435
1. Object of Arts. 233-236 435
2. Cl. (1): ‘Appointment’ 435
3. Appointment Munsif Magistrate 436
4. Retirement Age 436
5. In consultation with the High Court 436
6. Transfer 437
7. Cl. (2) 437
Art. 233A Validation of appointments of, and judgments, etc., delivered by, certain district judges 438
Art. 234 Recruitment of persons other than district judges to the judicial service 438
1. Art. 234: Recruitment to the Judicial Service 438
2. Judicial Service 439
3. Placement of Judges 439
Art. 235 Control over subordinate courts 439
1. Art. 235: Control of Subordinate Judiciary 339
2. Family Court/Administrative Control 441
3. Indirect interference with the High Court’s Control under Art. 235 441
4. What the High Court cannot do 441
5. What the Government cannot do 441
6, Termination of Service of Judicial Officer 443
7. Expunging Remarks 443
Art. 236 Interpretation 443
Art. 237 Application of the provisions of this Chapter to certain class or classes of magistrates 443
PART VII
Art. 238 Omitted by the Constitution (7th Amendment) Act, 1956 445
PART VIII
THE UNION TERRITORIES
Art. 239 Administration of Union territories 447
1. Union Territories 447
2. Cl. (1): Administrator 447
Art. 239A Creation of local legislature or Council of Ministers or both for certain Union territories 448
1. Legislative Power with respect to Union Territories 448
Art. 239AA Special provisions with respect to Delhi 448
Art. 239AB Provision in case of failure of constitutional machinery 451
1. Special provisions for Delhi 451
Art. 239B Power of administrator to promulgate Ordinances during recess of Legislature 451
Art. 240 Power of President to make regulations for certain Union territories 452
1. Amendments 453
2. Effects of Amendments 453
3. Benefit of Reservation 453
Art. 241 High Courts for Union Territories 454
Art. 242 [Coorg.] Rep. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 454
PART IX
THE PANCHAYATS
Art. 243 Definitions 455
Art. 243A Gram Sabha 456
Art. 243B Constitution of Panchayats 456
Art. 243C Composition of Panchayats 456
Art. 243D Reservation of seats 457
Art. 243E Duration of Panchayats etc. 458
Art. 243F Disqualifications for membership 459
Art. 243G Powers, authority and responsibilities of Panchayats 459
Art. 243H Powers to impose taxes by, and Funds of, the Panchayats 459
Art. 243-I Constitution of Finance Commission to review financial position 460
Art. 243J Audit of accounts of Panchayats 461
Art. 243K Elections to the Panchayats 461
Art. 243L Application to Union territories 461
Art. 243M Part not to apply to certain areas 462
Art. 243N Continuance of existing laws and Panchayats 462
Art. 243O Bar to interference by courts in electoral matters 463
1. Election Disputes 463
PART IX-A
THE MUNICIPALITIES
Art. 243P Definitions 465
Art. 243Q Constitution of Municipalities 465
Art. 243R Composition of Municipalities 466
Art. 243S Constitution and composition of Wards Committees, etc 466
Art. 243T Reservation of seats 467
1. Election to local Bodies 468
Art. 243U Duration of Municipalities, etc 468
1. Municipal Corporation 469
2. Powers of State Election Commission 469
3. Duration of Municpality 469
Art. 243V Disqualifications for membership 469
Art. 243W Powers, authority and responsibilities of Municipalities, etc 470
Art. 243X Power to impose taxes by, and Funds of, the Municipalities 470
Art. 243Y Finance Commission 471
Art. 243Z Audit of accounts of Municipalities 471
Art. 243ZA Elections to the Municipalities 471
Art. 243ZB Application to Union territories 472
Art. 243ZC Part not to apply to certain areas 472
Art. 243ZD Committee for district planning 472
Art. 243ZE Committee for Metropolitan planning 473
Art. 243ZF Continuance of existing laws and Municipalities 474
Art. 243ZG Bar to interference by courts in electoral matters 475
PART X
THE SCHEDULED AND TRIBAL
AREAS
Art. 244 Administration of Scheduled Areas and Tribal Areas 477
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 477
1. Object of Art. 244A 478
PART XI
RELATIONS BETWEEN THE UNION
AND THE STATES
CHAPTER 1
LEGISLATIVE RELATIONS
Distribution of Legislative Powers
Art. 245 Extent of laws made by Parliament and by the Legislatures of States 481
1. ‘Subject to the provisions of this Constitution’ 481
2. Extent of State Legislation 482
3. State Legislature, not a delegate of the Union Parlia-ment 482
4. Competence to make retrospective legislation 483
5. Competence to override a judicial decision and to make a Validating Act 483
6. Validating Act 484
7. Law 484
8. The Legislature cannot delegate its essential functions 484
Delegated Legislation 484
9. Ascertainment of the legislative policy 485
10. Functions which may be delegated 486
11. Permissible delegation in Taxing legislation 486
12. Conditional and Subordinate Legislation permissible 487
13. Some Aspects of legislative power in general 488
14. The Doctrine of Colourable Legislation 489
15. Power of competent Legislature to adopt law made by another Legislature 490
16. ‘Subject to the provisions of this Constitution’ 490
17. Executive Action 491
18. Separation of Powers 491
19. Works Contract 491
20. Legislative Power 491
21. Tax on Entertainment 491
22. Statute 491
Art. 246 Subject-matter of laws made by Parliament and by the Legislatures of States 491
1. Cl. (1): ‘Notwithstanding anything in Cls. (2) and (3)’ 492
2. Cl. (3): ‘Subject to......’ 492
3. Cl. (4): Power of Parliament with respect to Union Territories 493
4. Taxing Power 493
5. Legislative Competence 493
6. ‘Cess’ 493
7. Royalty 493
8. Luxury Tax 494
9. Constitionality of law 494
Art. 247 Power of Parliament to provide for the establishment of certain additional courts 494
Art. 248 Residuary powers of legislation 494
1. Art. 248: Residuary Power of Legislation 494
Art. 249 Power of Parliament to legislate with respect to a matter in the State List in the national interest 495
Art. 250 Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation 495
Art. 251 Inconsistency between laws made by Parliament under Articles 249 and 250 and laws made by the Legislatures of States 495
Art. 252 Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State 496
1. Art. 252(1): Application of law made by Parliament to sponsoring and adopting States 496
Art. 253 Legislation for giving effect to international agreements 497
1. ‘Notwithstanding anything in the foregoing Provi-sions of this Chapter’ 487
Art. 254 Inconsistency between laws made by Parliament and laws made by the Legislature of States 497
1. Cl. (1): Union Law to prevail where State Law is re-pugnant to it 498
2. ‘Repugnancy’ 498
3. ‘To the extent of the repugnancy’ 500
4. Cl. (2): Validation by President’s Assent 500
5. Proviso 500
6. Conditions for application of the Proviso 501
7. Regulation, Meaning of 501
8. Delegated Legislation 501
Art. 255 Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only 502
1. Subsequent Assent cures absence of previous sanction 502
CHAPTER 2
ADMINISTRATIVE RELATIONS
General
Art. 256 Obligation of States and the Union 503
1. Not justiciable 503
Art. 257 Control of the Union over States in certain cases 503
Art. 257A [Assistance to States by deployment of armed forces or other forces of the Union] Rep. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 33 (w.e.f. 20-6-1979). 504
Art. 258 Power of the Union to confer powers, etc., on States in certain cases 504
1. Cl. (1): Delegation by President 505
2. Cl. (2): Delegation by Parliament 505
Art. 258A Power of the States to entrust functions to the Union 505
1. Scope of Art. 258A 505
Art. 259 [Armed Forces in States in Part B of the First Schedule.] Rep. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 505
Art. 260 Jurisdiction of the Union in relation to territories outside India 506
Art. 261 Public acts, records and judicial proceedings 506
Disputes Relating to Waters
Art. 262 Adjudication of disputes relating to waters of inter-State rivers or river valleys 506
1. Water Dispute 506
Co-ordination between States
Art. 263 Provisions with respect to an Inter-State Council 506
PART XII
FINANCE, PROPERTY, CONTRACTS
AND SUITS
CHAPTER 1
FINANCE
General
Art. 264 Interpretation 509
Art. 265 Taxes not to be imposed save by authority of law 509
1. No Taxation save by Authority of Law 509
2. ‘Law’ 509
3. Validity of Subordinate Legislation 511
4. Constitutional limitations upon the Taxing power 511
5. Remedy for violation of Art. 265 513
6. Compensatory tax or fee 513
7. Permissibility of delegation in taming legislation 513
Art. 266 Consolidated Funds and public accounts of India and of the States 513
Art. 267 Contingency Fund 514
Distribution of Revenues between the Union and the States
Art. 268 Duties levied by the Union but collected and appropriated by the States 515
Art. 268A Service tax levied by Union and collected appropriated by the Union and the States 515
Art. 269 Taxes levied and collected by the Union but assigned to the States 515
1. Tax on Sale or Purchase taking place in the course or Inter-State Trade or Commerce 516
2. S. 3: Clauses (a)-(b) 516
3. ‘Occasions the movement...’ 517
4. ‘Movement of Goods’ 517
5. Consignment tax 518
Art. 270 Taxes levied and distributed between the Union and the States 518
Art. 271 Surcharge on certain duties and taxes for purposes of the Union 518
Art. 272. Taxes which are levied and collected by the Union and may be distributed between the Union and the States *** 518
Art. 273 Grants in lieu of export duty on jute and jute products 519
Art. 274 Prior recommendation of President required to Bills affecting taxation in which States are interested 519
Art. 275 Grants from the Union to certain States 519
Art. 276 Taxes on professions, trades, callings and employments 521
1. Cl. (1): ‘Tax in respect of Professions, Trades, Callings or Employments 521
2. Cl. (2): The Maximum Limit 522
Art. 277 Savings 522
1. Art. 277: Savings 522
2. Distinction between a Tax and a Fee 524
Art. 278. [Agreement with States in Part B of the First Schedule with regard to certain financial matters.] Rep. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 526
Art. 279 Calculation of “net proceeds”, etc. 526
Art. 280 Finance Commission 527
Art. 281 Recommendations of the Finance Commission 528
Miscellaneous Financial Provisions
Art. 282 Expenditure defrayable by the Union or a State out of its revenues 528
Art. 283 Custody, etc., of Consolidated Funds, Contingency Funds and moneys credited to the public accounts 528
Art. 284 Custody of suitors’ deposits and other moneys received by public servants and courts 529
Art. 285 Exemption of property of the Union from State taxation 529
1. Exemption of Property of the Union from State Taxation 529
2. Cl. (1): Property 529
3. ‘Property of the Union’ 530
4. ‘Save in so far as Parliament may by Law otherwise provide.’ 530
5. ‘All Taxes’ 530
6. ‘Any Authority within a State’ 530
7. ‘That tax’ 530
8. Service Tax—exemption from State Taxation Tax on property 530
9. Cl. (2): ‘Liable or treated as liable’ 530
10. ‘That State’ 531
Art. 286 Restrictions as to imposition of tax on the sale or purchase of goods 531
1. Art. 286: Restrictions upon imposition of Sales Tax by a State 532
2. A Tax on Sale or Purchase 532
3. ‘Sale’ 533
4. Cl. (1)(b): No Tax on Sales in course of Import into or Export out of India 533
5. ‘In the course of Import or Export’ 533
6. Cl. (3): Restrictions and conditions in regard to State Taxation of Sales of Goods of Special Importance in Inter-State Trade 537
7. ‘Sale in the course of Inter-State Trade and Comme-rce’ 537
Art. 287 Exemption from taxes on electricity 537
Art. 288 Exemption from taxation by States in respect of water or electricity in certain cases 538
Art. 289 Exemption of property and income of a State from Union taxation 538
1. Scope of Art. 289 539
2. Cl. (1): ‘Property’ 539
3. ‘Income of a State’ 539
4. Cl. (2): ‘Business of a State’ 539
Art. 290 Adjustment in respect of certain expenses and pensions 540
Art. 290A Annual payment to certain Devaswom Funds 540
Art. 291 Privy Purse sums of Rulers 540
CHAPTER 2
BORROWING
Art. 292 Borrowing by the Government of India 541
Art. 293 Borrowing by States 541
CHAPTER 3
PROPERTY, CONTRACTS, RIGHTS, LIABILITIES,
OBLIGATIONS AND SUITS
Art. 294 Succession to property, assets, rights, liabilities and obligations in certain cases 543
Art. 295 Succession to property, assets, rights, liabilities and obligations in other cases 543
1. Cl. (1)(b): Rights, Liabilities and Obligations of Ind-ian States 543
2. Cl. (2): ‘Subject as aforesaid’ 544
Art. 296 Property accruing by escheat or lapse or as bona vacantia 545
Art. 297 Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union 545
1. Amendments 546
2. Effects of Amendments 546
Art. 298 Power to carry on trade, etc. 546
1. Power to carry on Trade, etc. 547
2. Power of a State 547
3. Applicability of Part III 547
Art. 299 Contracts 548
1. Object of Art. 299 548
2. Cl. (1): Formality of contract on behalf of Govern-ment 549
3. ‘By such persons as he may direct or authorise’ 549
4. Effects of non-compliance with requirements of Art. 299(1) 550
5. Promissory estoppel 550
6. General Principles as to applicability of the doctrine of promissory estoppel against the Government 551
7. Award of Contract 552
8. Government Contract 552
9. Rescission of Contract 552
Art. 300 Suits and proceedings 552
1. Scope of Art. 300: Suits and Proceedings by or against the State 552
2. Sovereign Act 553 (a) Contract 553 (b) Torts 553
3. Widening of the area of State liability 554
CHAPTER 4
RIGHT TO PROPERTY
Art. 300A Persons not to be deprived of property save by authority of law 555
1. Effect of 44th Amendment 556
2. Property 556
3. Right to Property 556
PART XIII
TRADE, COMMERCE AND INTERCOURSE WITHIN THE TERRITORY OF INDIA
Art. 301 Freedom of trade, commerce and intercourse 557
1. Scope and Object of Art. 301 557
2. Arts. 19(1)(g) and 301 557
3. When is Freedom of Trade and Commerce impaired 558
4. Freedom of Trade and Commerce 558
5. Taxation and Art. 301 559
Art. 302 Power of Parliament to impose restrictions on trade, com-merce and intercourse 560
1. Regulation and Restriction 560
2. ‘In the public Interest’ 561
Art. 303 Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce 561
1. Scope of Art. 303 561
2. Preference or Discrimination 562
3. Existing law 562
Art. 304 Restrictions on trade, commerce and intercourse among States 562
1.
Art. 304. Object of Cl. (a) 563
2. Non-discriminatory taxation of Import 563
3. ‘Goods so imported and Goods so manufactured’ 563
4. Scope of Cl. (b) 563
5. ‘Reasonable Restrictions’ 564
6. ‘In the public interest’ 564
7. Proviso: Sanction of President required for State Law under Cl. (b) 565
8. Entry Tax on Goods 565
9. Reasonableness of taxing Laws 565
Art. 305 Saving of existing laws and laws providing for State monopolies 565
Art. 306 [Power of certain States in Part B of the First Schedule to impose restrictions on trade and commerce.] Rep. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 566
Art. 307 Appointment of authority for carrying out the purposes of Arts. 301 to 304 566
PART XIV
SERVICES UNDER THE UNION AND
THE STATES
CHAPTER 1
SERVICES
1. Impact of the Administrative Tribunals Act, 1985, on the Services 567
Art. 308 Interpretation 568
Art. 309 Recruitment and conditions of service of persons serving the Union or a State 568
1. Recruitment 569
2. ‘Subject to the provisions of the Constitution’ 569
3. Scope of the Proviso 570
4. Nature of the Rule-making Power 570
5. Statutory force of Rules of Service 571
6. Enforceability of Service Rules 571
7. Whether the Rules can be changed retrospectively 573
I. Applicability of Art. 14 584
(a) Appointment 574
(b) Classification 575
(c) Homeopathic Medical Officer 575
(d) Codre 575
(e) Lien on post 575
(f) Promotion 575
(g) Confirmation 575
(h) Seniority 575
(i) Pay 576
(j) Reversion 576
(k) Superannuation 576
(l) Judicial Officer 577
(m) Compulsory Retirement 577
(n) Pension 577
(o) Termination and disciplinary proceedings 577
(p) Aetism on Enquiry Report 578
(q) Rights of Disabled Employee 579
(r) Re-Employment 579
II. Applicability of Art. 15 579
III. Applicability of Art. 16 579
(a) Appointment 579
(b) Seniority and Promotion 580
(c) ermination 582
IV. Applicability of Art. 19(1)(a); (1)(b) 582
V. Applicability of Art. 19(1)(c) 583
VI. Applicability of Art. 20(2) 583
VII. Applicability of Art. 20(3) 583
VIII. Applicability of Art. 310(1) 584
IX. Applicability of Art. 311(1) 584
X. Applicability of Art 311(2) 584
9. Fundamental Rights of Government Servants 584
10. Non-statutory administrative rules and orders apart from Art. 309 584
Art. 310 Tenure of office of persons serving the Union or a State 585
1. Art. 310: Office during pleasure of Government 586
2. Whether the pleasure of President or Governor can be delegated 586
3. Cl. (1): ‘Except as otherwise provided by this Consti-tution’ 587
4. Whether Art. 310(1) is controlled by Fundamental Rights 587
5. Whether pleasure of the Government can be fettered by Contract 587
6. ‘Member of a Civil Service of a State or holds any Civil Post’ 587
7. Cl. (2) 588
8. Compensation 588
Art. 311 Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State 588
1. Amendments 590
2. Scope of Arts. 310 and 311 590
3. Remedies 591
Clause (1)
4. Subordinate 591
5. Appointing Authority 592
6. The power to dismiss can be delegated 592
7. The power to inquire into the charges may be delegated 593
8. ‘No person who holds a Civil Post’ 593
9. ‘Civil Post’ 593
10. Employees of Statutory Authorities 595
11. Contract of Employment 595
Clause (2)
12. Cl. (2): When does it come into operation 595
13. Constitutional Protection 599
14. Power to Dispense with Enquiry 599
15. ‘Dismissed or Removed’ 599
16. Dismissal from Service 601
17. Termination of Service 601
18. Removal from Service 601
19. Absence without Leave 601
20. Compulsory Retirement 602
21. Constitutionality of Rules relating to Compulsory Retirement 603
22. Voluntary Retirement 604
23. Discharge of a Temporary Officer, holding post other-wise than for a fixed term or on ‘quasi-permanent service’ 604
24. Discharge of Probationer: Art. 311(2), if attracted 605
25. What is a stigma for the purpose of attracting Art. 311(2) 608
26. Disciplinary Enquiry 610
27. Departmental Enquiry 611
28. Disciplinary Proceeding 611
29. Departmental Proceedings 611
30. Whether there is any implied power to suspend pending Inquiry 611
31. Reinstatement 612
32. ‘Reduction in rank’ 612
33. Reversion from officiating Appointment 614
34. Reversion from Deputation to another Department 616
35. Procedural safeguards under Art. 311(2), as amended in 1976 617
I. Inquiry into Charges 617
II. After the Inquiry 621
37. When reasonable opportunity has been denied 622
38. Jurisdiction of the High Court under Art. 226 623
39. Jurisdiction of the Supreme Court 623
40. Judicial Review 624
41. Disciplinary Proceedings after retirement 624
42. The Provisos 624
43. Proviso I 624
44. Proviso II 625
45. Proviso II(a): ‘Conviction on a Criminal Charge’ 625
46. Proviso II(b): Decision of the Authority not to give opportunity, where it is not reasonably practicable 625
47. Proviso II(c): ‘Interest of Security of the State’ 626
48. Satisfaction of the President or the Governor 626
49. Imposition of Penalty 626
Art. 312 All-India services 627
1. Cl. (1): ‘Common to the Union and the States’ 627
Art. 312A Power of Parliament to vary or revoke conditions of service of officers of certain services. 628
Art. 313 Transitional provision 629
1. ‘Until other provision is made’ 629
Art. 314 [Provision for protection of existing officers of certain services.] Rep. by the Constitution (Twenty-eighth Amendment) Act, 1972, s. 3, w.e.f. 29-8-1972. 629
CHAPTER 2
PUBLIC SERVICE COMMISSIONS
Art. 315 Public Service Commissions for the Union and for the States 631
1. Constitutional Functionaries 631
Art. 316 Appointment and term of office of members 631
Art. 317 Removal and suspension of a member of a Public Service Commission 633
1. Object of Cl. (1) 634
Art. 318 Power to make regulations as to conditions of service of members and staff of the Commission 634
Art. 319 Prohibition as to the holding of offices by members of Commission on ceasing to be such members 634
1. ‘Employment under the Government of India or of a State’ 635
Art. 320 Functions of Public Service Commissions 636
1. Cl. (1): Examinations 638
2. Cl. (3): Not mandatory 638
3. Sub-cl. (b) 638
4. Sub-cl. (c) 638
Art. 321 Power to extend functions of Public Service Commissions 639
Art. 322 Expenses of Public Service Commissions 639
Art. 323 Reports of Public Service Commissions 639
PART XIV-A
TRIBUNALS
Art. 323A Administrative tribunals 641
1. Judicial Review 642
Art. 323B Tribunals for other matters 642
1. Scope of Arts. 323-A and 323-B 644
2.
Art. 323B(3)(c): Procedure 645
3. Exclusion of Jurisdiction of Courts 645
PART XV
ELECTIONS
Art. 324 Superintendence, direction and control of elections to be vested in an Election Commission 647
1. Scope of jurisdiction of Election Commission 648
2. Allotment of Symbol 649
3. Nomination Paper 649
4. Holding of election—Utilising services of teachers 649
Art. 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 650
Art. 326 Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage 650
1. Scope of Art. 326 650
Art. 327 Power of Parliament to make provision with respect to elections to Legislatures 651
Art. 328 Power of Legislature of a State to make provision with respect to elections to such Legislature 651
1. Scope of Arts. 327-328 651
Art. 329 Bar to interference by courts in electoral matters 651
1. Scope of Art. 329: Bar to Interference by courts in Electoral Matters 652
2. Cl. (b): Bar to jurisdiction of courts in Election Disputes 652
3. Forum for Adjudication of Election Petitions 653
4. Questions outside the jurisdiction of an Election Tribunal 653
Art. 329-A [Special provision as to elections to Parliament in the case of Prime Minister and Speaker.] Rep. by the Constitution (Fo-rty-fourth Amendment) Act, 1978, s. 36 (w.e.f. 20-6-1979). 654
PART XVI
SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES
Art. 330 Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People 655
1. Effect of Reservation 656
Art. 331 Representation of the Anglo-Indian community in the House of the People 656
Art. 332 Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States 656
1. Reservation of Seats for SC/ST 658
Art. 333 Representation of the Anglo-Indian Community in the Legislative Assemblies of the States 658
Art. 334 Reservation of seats and special representation to cease after [sixty years] 658
Art. 335 Claims of Scheduled Castes and Scheduled Tribes to services and posts 659
1. ‘Consistently with the maintenance of efficiency of Administration’ 659
2. Arts. 16(4) and 335 660
Art. 336 Special provision for Anglo-Indian community in certain services 660
Art. 337 Special provision with respect to educational grants for the benefit of Anglo-Indian community 661
Art. 338 National Commission for Scheduled Castes 661
1. Objects of Amendment 663
Art. 338A National Commission for Scheduled Tribes 664
Art. 339 Control of the Union over the administration of Sche-duled Areas and the welfare of Scheduled Tribes 666
Art. 340 Appointment of a Commission to investigate the conditions of backward classes 666
Art. 341 Scheduled Castes 667
1. Exhaustiveness of the President’s Order 667
2. Caste claims 668
3. Benefit of Reservation 668
Art. 342 Scheduled Tribes 669
1. Parts of or groups within tribes or tribal communities’ 669
2. ‘Tribal Communities’ 669
3. Scheduled Castes 669
4. Scheduled Tribes States 670
5. Caste Certificates 670
6. Evidence 670
PART XVII
OFFICIAL LANGUAGE
CHAPTER 1
LANGUAGE OF THE UNION
Art. 343 Official language of the Union 671
1. Official language of the Union 671
Art. 344 Commission and Committee of Parliament on official language 672
CHAPTER 2
REGIONAL LANGUAGES
Art. 345 Official language or languages of a State 675
Art. 346 Official language for communication between one State and another or between a State and the Union 675
Art. 347 Special provision relating to language spoken by a section of the population of a State 675
CHAPTER 3
LANGUAGE OF THE SUPREME COURT,
HIGH COURTS, ETC.
Art. 348 Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc 677
1. Cl. (1)(a): Language in superior Courts 678
2. Cl. (3): Authoritative Text 678
3. Scope of Cls. (1)(b) and (3) 679
Art. 349 Special procedure for enactment of certain laws relating to language 679
CHAPTER 4
SPECIAL DIRECTIVES
Art. 350 Language to be used in representations for redress of grievances 681
Art. 350A Facilities for instruction in mother-tongue at primary stage 681
Art. 350B Special Officer for linguistic minorities 681
Art. 351 Directive for development of the Hindi language 681
1. Scope of Art. 351 682
PART XVIII
EMERGENCY PROVISIONS
Art. 352 Proclamation of Emergency 683
1. Analysis of Art. 352, as amended by the 44th Amendment Act 685
2. Clause (1) 687
3. Declaration of Emergency restricted to part of India 687
4. Effect of a Proclamation of Emergency issued under Art. 352(1) 687
Art. 353 Effect of Proclamation of Emergency 687
1. The Proviso 688
Art. 354 Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation 688
Art. 355 Duty of the Union to protect States against external aggression and internal disturbance 689
Art. 356 Provision in case of failure of constitutional machinery in States 689
1. Justiciability of the Proclamation 691
2. Cl. (1): Sub-cl. (a) 692
3. Dissolution of Legislative Assembly 692
4. Cl. (3): Expiration of the Proclamation 693
5. Judicial Review 693
Art. 357 Exercise of legislative powers under Proclamation issued under Article 356 693
1. Cl. (1) 694
2. Cl. (2): Continuance of Laws made by the Union during Emergency 694
Art. 358 Suspension of provisions of Article 19 during emergen-cies 695
1. Arts. 358 and 359 696
2. Cl. (2) 697
3. Questions still open 697
Art. 359 Suspension of the enforcement of the rights conferred by Part III during emergencies 697
1. Effect of the 44th Amendment Act 699
2. Scope of Art. 359 699
3. ‘Proceedings for the enforcement of the fundamental rights’ 699
4. Law conferring discretionary power upon the Exe-cutive 701
5. Cases on Discrimination 701
6. Arbitrariness 701
Art. 359A [Application of this Part to the State of Punjab—Repealed by the Constitution (Sixty-third Amendment) Act, 1989 s. 3 (w.e.f. 6-1-1990)] 701
Art. 360 Provisions as to financial emergency 701
PART XIX
MISCELLANEOUS
Art. 361 Protection of President and Governors 703
1. CL (1): 2nd Proviso 704
Art. 361A Protection of publication of proceedings of Parliament and State Legislatures 704
1. Scope of Art. 361A 705
2. Conditions for application of Art. 361A 705
Art. 361B Disqualification for appointment on remunerative political post 706
Art. 362 [Rights and privileges of Rulers of Indian States.] Rep. by the Constitution (Twenty-sixth Amendment) Act, 1971, s.
2. 706
Art. 363 Bar to interference by courts in disputes arising out of certain treaties, agreements, etc. 706
1. Scope of Art 363(1) 707
2. Inter-State Water Dispute 708
Art. 363A Recognition granted to Rulers of Indian States to cease and privy purses to be abolished 708
Art. 364 Special provisions as to major ports and aerodromes 709
Art. 365 Effect of failure to comply with, or to give effect to, directions given by the Union 709
Art. 366 Definitions 709
1. Cl. (10): “Law” 713
2. Cl. (10): “Royalty 713
Art. 367 Interpretation 713
1. Cl. (1): General Clauses Act 714
PART XX
AMENDMENT OF THE CONSTITUTION
Art. 368 Power of Parliament to amend the Constitution and procedure thereof 715
1. Amendments 716
2. Amendment of Constitution 717
3. Effects of Amendments 717
4. Principles relating to Amendment of the Constitution 718
5. Amendment of Fundamental Rights 718
6. How far the 42nd Amendment would be effective to preclude Judicial Review of Constitution Amendment Acts 719
7. The present state of the doctrine of basic features 723
8. Retrospective effect to the doctrine of Basic Features 724
9. Cl. (1): ‘Constituent power’ 724
10. ‘Shall stand amended’ 725
11. Cls. (4)-(5) 725
PART XXI
TEMPORARY, TRANSITIONAL AND
SPECIAL PROVISIONS
Art. 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 727
Art. 370 Temporary provisions with respect to the State of Jammu and Kashmir 727
1. Cl. (1)(d): ‘Modifications’ 729
Art. 371 Special provision with respect to the States of… Maharashtra and Gujarat 729
1. Effects of Amendments 730
2. Removal of Misbehaviour 730
Art. 371A Special provisions with respect to the State of Nagaland 730
1. Scope of Art. 371A 733
Art. 371B Special provisions with respect to the State of Assam 733
1. Scope of Art. 371B 734
Art. 371C Special provisions with respect to the State of Manipur 734
1. Scope of Art. 371C 734
Art. 371D Special provisions with respect to the State of Andhra Pradesh 735
1. Object behind Art. 371D 738
2. Exclusion of jurisdiction of High Court over Administrative Tribunal 738
3. Reservation for SC/ST/BC Candidates 739
Art. 371E Establishment of Central University in Andhra Pradesh 739
Art. 371F Special provisions with respect to the State of Sikkim 739
1. Short History behind Art. 371F 742
Art. 371G Special provisions with respect to the State of Mizoram 743
1. Amendment 744
Art. 371H Special provisions with respect to the State of Arunachal Pradesh 744
Art. 371-I Special provision with respect to the State of Goa 744
Art. 372 Continuance in force of existing laws and their adaptation 745
1. Cl. (1): ‘Subject to the other Provisions of the Constitution’ 746
2. ‘All the Laws in Force’ 747
3. Validity of Subordinate Legislation issued after the Constitution 747
4. ‘In the Territory of India’ 748
Art. 372A Power of the President to adopt laws 748
1. Scope of Art 372A 748
Art. 373 Power of President to make order in respect of persons under preventive detention in certain cases 748
Art. 374 Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His majesty in Council 749
Art. 375 Courts, authorities and officers to continue to function subject to the provisions of the Constitution 749
Art. 376 Provisions as to Judges of High Courts 750
Art. 377 Provisions as to Comptroller and Auditor-General of India 750
Art. 378 Provisions as to Public Service Commissions 750
Art. 378A Special provisions as to duration of Andhra Pra-desh Legislative Assembly 751
Arts. 379 Rep. by the Constitution (Seventh Amendment) Act, 1956, s.
to 391 29 and Sch. 751
Art. 392 Power of the President to remove difficulties 751
1. Scope of the Power to adapt 752
PART XXII
SHORT TITLE, COMMENCEMENT, AUTHORI-TATIVE TEXT IN HINDI
AND REPEALS
Art. 393 Short title 753
Art. 394 Commencement 753
Art. 394A Authoritative text in the Hindi language 753
1. Authoritative text in Hindi 754
Art. 395 Repealed 754
1. Effect of repeal 754
First schedule 755
Second Schedule 760
Third Schedule 764
Fourth Schedule 767
Fifth Schedule 769
Sixth Schedule 772
Seventh Schedule 791
Eighth Schedule 814
Ninth Schedule 815
Tenth Schedule 828
Eleventh Schedule 832
Twelfth Schedule 833
APPENDICES
App. 1 The National Rural Employment Guarantee Act, 2005—A Brief Overview 835
App. 2 Ushering in the Era of the E-Judiciary 841
App. 3 Landmark Judgments of the Supreme Court of India 845
Subject Index 861