Draft Constitution of India

5. At the date of commencement of this Constitution-

• (a) Every person who or either of whose parents or any of whose grandparents was born in the territory of India as defined in this Constitution and who has not made his permanent abode in any foreign State after the first day of April, 1947; and
• (b) Every person who or either of whose parents or any of whose grandparents was born in India as defined in the Government of India Act, 1935, or in Burma, Ceylon or Malaya, and who has his domicile in the territory of India as defined in this Constitution,

shall be a citizen of India, provided that he has not acquired the citizenship of any foreign State before the date of commencement of this Constitution.

Explanation.- For the purposes of clause (b), domicile could be established under the principles mentioned in the Draft, including declaration before the District Magistrate and residence requirements.

6. Parliament may, by law, make further provision regarding the acquisition and termination of citizenship and all other matters relating thereto.

7. In this Part, unless the context otherwise requires, “the State” includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India.

8. (1) All laws in force immediately before the commencement of this Constitution in the territory of India, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.

(2) The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention shall, to the extent of the contravention, be void, subject to the proviso regarding removal of inequality or discrimination arising out of existing law.

(3) “Law” includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having the force of law.

9. (1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or any of them, especially in matters of access to public spaces and facilities.

(2) Nothing in this article shall prevent the State from making any special provision for women and children.

10. Equality of opportunity is guaranteed in matters of employment under the State, with provisions preserving reservation for backward classes and denominational requirements in religious institutions.

11. “Untouchability” is abolished and its practice in any form is forbidden. Enforcement of disability arising from it shall be an offence punishable in accordance with law.

12. No title shall be conferred by the State. Citizens shall not accept titles from foreign States, and persons holding public office shall not accept presents, emoluments, titles, or offices from foreign States without presidential consent.

13. Citizens are guaranteed rights of speech and expression, peaceful assembly, association, movement, residence, property, and profession, subject to specific restrictions on grounds such as public order, morality, health, decency, and protection of aboriginal tribes.

14. No person shall be convicted except for violation of a law in force at the time of the act, nor punished more than once for the same offence, nor compelled to be a witness against himself.

15. No person shall be deprived of his life or personal liberty except according to procedure established by law, nor denied equality before the law or equal protection of the laws.

16. Subject to article 244 and any law made by Parliament, trade, commerce and intercourse throughout the territory of India shall be free.

17. Traffic in human beings, begar, and similar forms of forced labour are prohibited, while compulsory public service may still be imposed without discrimination.

18. No child below the age of fourteen years shall be employed in a factory, mine, or any other hazardous employment.

19. All persons are equally entitled to freedom of conscience and to profess, practise, and propagate religion, subject to public order, morality, health, and reform-related State legislation.

20. Religious denominations may establish institutions, manage religious affairs, own and acquire property, and administer such property according to law.

21. No person may be compelled to pay taxes specifically appropriated to the promotion or maintenance of any particular religion or denomination.

22. The article regulates religious instruction in State-maintained and State-aided institutions, protects consent, and permits community-specific instruction outside working hours.

23. Sections of citizens with distinct language, script, or culture may conserve them, and minorities are protected in educational admission and management rights.

24. Property cannot be taken except by authority of law and compensation principles must be laid down for acquisition, subject to exceptions relating to existing law, taxation, public health, and danger prevention.

25. The right to move the Supreme Court for enforcement of the rights in this Part is guaranteed, and the Court may issue writs including habeas corpus, mandamus, prohibition, quo warranto, and certiorari.

26. Parliament may restrict or abrogate the rights in this Part in their application to armed forces and forces maintaining public order to ensure discipline and proper discharge of duties.

27. Parliament alone is empowered to legislate on certain matters required under this Part and to prescribe punishment for offences declared under it, subject to continuation of existing law until altered.

28. In this Part, unless the context otherwise requires, “the State” has the same meaning as in Part III of this Constitution.

29. The provisions contained in this Part shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.

30. The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.

31. The State shall, in particular, direct its policy towards securing:

(i) That the citizens, men and women equally, have the right to an adequate means of livelihood;

(ii) That the ownership and control of the material resources of the community are so distributed as best to subserve the common good;

(iii) That the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;

(iv) That there is equal pay for equal work for both men and women;

(v) That the strength and health of workers, men and women and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;

(vi) That childhood and youth are protected against exploitation and against moral and material abandonment.

32. The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in case of unemployment, old age, sickness, disablement, and other cases of undeserved want.

33. The State shall make provision for securing just and humane conditions of work and for maternity relief.

34. The State shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities.

35. The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.

36. Every citizen is entitled to free primary education and the State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.

37. The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the scheduled tribes, and shall protect them from social injustice and all forms of exploitation.

38. The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties.

39. It shall be the obligation of the State to protect every monument or place or object of artistic or historic interest, declared by Parliament by law to be of national importance, from spoliation, destruction, removal, disposal or export, as the case may be, and to preserve and maintain according to law made by Parliament all such monuments or places or objects.

40. The State shall promote international peace and security by the prescription of open, just and honourable relations between nations, by the firm establishment of the understandings of international law as the actual rule of conduct among governments and by the maintenance of justice and respect for treaty obligations in the dealings of organised people with one another.

41. There shall be a President of India.

42. (1) The executive power of the Union shall be vested in the President and may be exercised by him in accordance with the Constitution and the law.

(2) Without prejudice to the generality of the foregoing provision, the supreme command of the Defence Forces of India shall be vested in the President and the exercise thereof shall be regulated by law.

(3) Nothing in this article shall:

(a) Be deemed to transfer to the President any functions conferred by any existing law on the Government of any State or other authority; or

(b) Prevent Parliament from conferring by law functions on authorities other than the President.

43. The President shall be elected by the members of an electoral college consisting of:

(a) The members of both Houses of Parliament; and

(b) The elected members of the Legislatures of the States.

44. This article lays down the voting formula for the presidential election so as to secure, as far as practicable, uniformity in the scale of representation of different States.

It specifies how the votes of elected State legislators and elected members of Parliament are to be calculated, provides for election by proportional representation through the single transferable vote, and requires secret ballot.

45. The President shall hold office for a term of five years from the date on which he enters upon office.

The article also provides for resignation, removal by impeachment, and continuation in office until a successor enters upon office.

46. A person who holds, or has held, office as President shall be eligible for re-election once, but only once.

47. A candidate for President must be a citizen of India, must have completed the age of thirty-five years, and must be qualified for election as a member of the House of the People.

The article further disqualifies persons holding offices or positions of emolument under the Union, States, or local authorities, subject to stated ministerial exceptions.

48. The President shall not be a member of Parliament or a State Legislature, shall not hold any other office of emolument, and shall have an official residence.

Emoluments and allowances are to be fixed by Parliament and cannot be diminished during the term of office.

49. Before entering office, the President or any person acting as President must make and subscribe an oath or affirmation to faithfully execute the office, preserve, protect and defend the Constitution and the law, and devote himself to the service and well-being of the people of India.

50. Either House of Parliament may prefer a charge for violation of the Constitution.

The article lays down notice requirements, special majority thresholds, investigation by the other House, the President’s right to appear and be represented, and removal upon a sustaining resolution passed by the required majority.

51. Elections to fill a vacancy caused by expiration of the presidential term must be completed before the term expires.

Where vacancy occurs by death, resignation, removal or otherwise, the election must be held as soon as possible and in no case later than six months, and the person elected holds office for a full five-year term.

52. There shall be a Vice-President of India.

53. The Vice-President shall be ex officio Chairman of the Council of States and shall not hold any other office or position of emolument.

While acting as President or discharging presidential functions, he shall not perform the duties of Chairman of the Council of States.

54. In the event of a vacancy in the office of President, the Vice-President shall act as President until a new President enters upon office.

He shall also discharge the functions of the President during absence, illness or other inability, and during that period he enjoys the powers and immunities of the President.

55. The Vice-President shall be elected by the members of both Houses of Parliament assembled at a joint meeting by proportional representation through the single transferable vote and by secret ballot.

The article also sets out disqualifications, qualifications, vacation of legislative seat on election, and the rule for filling vacancies.

56. The Vice-President shall hold office for five years, subject to resignation, removal for incapacity or want of confidence by the Council of States with agreement of the House of the People, and continuation until a successor enters office.

57. Parliament may make such provision as it thinks fit for the discharge of the functions of the President in any contingency not otherwise provided for in this chapter.

58. Doubts and disputes arising out of or in connection with the election of the President or Vice-President shall be inquired into and decided by the Supreme Court, whose decision shall be final.

Subject to the Constitution, Parliament may by law regulate matters connected with such elections.

59. The President shall have the power to grant pardons, reprieves, respites or remissions of punishment, or to suspend, remit or commute sentences in cases of Court Martial, offences relating to matters within Parliament’s exclusive law-making field, and in all cases of sentence of death.

The article also preserves powers exercisable by armed forces authorities and by Governors or Rulers in relation to certain death sentences.

60. Subject to the Constitution, the executive power of the Union extends to matters on which Parliament may make laws and to the exercise of rights, authority and jurisdiction exercisable by the Government of India under treaty or agreement.

It further limits extension into State fields except where the Constitution or a parliamentary law expressly provides otherwise, and preserves certain continuing State executive functions until Parliament otherwise provides.

61. There shall be a Council of ministers with the Prime Minister at the head to aid and advise the President in the exercise of his functions.

The article also bars courts from inquiring into whether any advice was tendered and, if so, what advice was tendered.

62. The Prime Minister shall be appointed by the President and other ministers shall be appointed on the advice of the Prime Minister.

Ministers hold office during the pleasure of the President, the Council is collectively responsible to the House of the People, ministers must take oaths of office and secrecy, and a minister who is not a member of either House of Parliament for six consecutive months ceases to be a minister.

63. The President shall appoint as Attorney-General for India a person qualified to be appointed a judge of the Supreme Court.

The Attorney-General is to advise the Government of India on legal matters, perform legal duties assigned by the President, has right of audience in all courts in the territory of India, and holds office during the pleasure of the President.

64. All executive action of the Government of India shall be expressed to be taken in the name of the President.

Orders and instruments made in the President’s name are to be authenticated in the prescribed manner, and once so authenticated their validity cannot be challenged on the ground that they were not made or executed by the President.

65. The Prime Minister must communicate to the President all decisions of the Council of ministers relating to administration and proposals for legislation, furnish information the President may call for, and, when required, submit for consideration of the Council any matter decided by a minister but not considered by the Council.

66. There shall be a Parliament for the Union which shall consist of the President and two Houses to be known respectively as the Council of States and the House of the People.

67. This long article lays down the composition of the Council of States and the House of the People, including nominated members, representatives of States, principles of territorial representation, direct election, adult suffrage, representation of territories other than States, and readjustment after census.

68. The Council of States is not subject to dissolution, and as nearly as possible one-third of its members retire every second year.

The House of the People normally continues for five years, unless sooner dissolved, though its life may be extended while a Proclamation of Emergency is in operation, subject to stated limits.

69. Parliament must meet at least twice each year, with no more than six months between the last sitting of one session and the first sitting of the next.

The President may summon the Houses, prorogue them, and dissolve the House of the People.

70. The President may address either House or both Houses assembled together and may require the attendance of members for that purpose.

He may also send messages to either House with respect to Bills or other matters, and the receiving House must consider the matter with all convenient despatch.

71. At the commencement of every session, the President shall address both Houses assembled together and inform Parliament of the causes of its summons.

Rules of procedure must provide for discussion of matters referred to in such address and for precedence of that discussion over other business.

72. Every minister and the Attorney-General of India has the right to speak in, and otherwise take part in, the proceedings of either House, any joint sitting of the Houses, and any committee of Parliament of which he may be named a member, though not by virtue of this article to vote.

73. The Vice-President of India shall be ex officio Chairman of the Council of States.

The Council of States shall, as soon as may be, choose one of its members to be Deputy Chairman and shall choose another member whenever that office becomes vacant.

74. The Deputy Chairman vacates office on ceasing to be a member, may resign by writing addressed to the Chairman, and may be removed for incapacity or want of confidence by a resolution passed by a majority of all the then members of the Council, subject to prior notice.

75. When the office of Chairman is vacant, or when the Vice-President is acting as or discharging the functions of the President, the Deputy Chairman shall perform the duties of the office.

During absence from a sitting, the Deputy Chairman or another person determined by rules or by the Council shall act as Chairman.

76. The House of the People shall, as soon as may be, choose two members to be respectively Speaker and Deputy Speaker, and shall fill those offices again whenever they become vacant.

77. The Speaker or Deputy Speaker vacates office on ceasing to be a member, may resign by writing addressed to the appropriate presiding officer, and may be removed for incapacity or want of confidence by a majority of all the then members of the House of the People, subject to notice.

The Speaker, however, continues until immediately before the first meeting of the next House after dissolution.

78. While the office of Speaker is vacant, the Deputy Speaker or, if necessary, a member appointed by the President shall perform the duties of the office.

During the Speaker’s absence from a sitting, the Deputy Speaker or another person determined by rules or by the House shall act as Speaker.

79. Salaries and allowances of the Chairman and Deputy Chairman of the Council of States and the Speaker and Deputy Speaker of the House of the People shall be fixed by Parliament by law, and until then shall be as specified in the Second Schedule.

80. Questions at a sitting or joint sitting are generally decided by a majority of members present and voting, with the presiding officer having a casting vote in case of equality.

The Houses may act despite vacancies, but if fewer than one-sixth of members are present it becomes the duty of the presiding officer to adjourn or suspend the meeting.

81. Every member of either House of Parliament must, before taking a seat, make and subscribe before the President or a person appointed by him a declaration in the form set out in the Third Schedule.

82. No person shall be a member of both Houses of Parliament. The article also deals with vacancy arising from disqualification, resignation, and prolonged absence without permission.

83. A person is disqualified for membership of either House if he holds an office of profit under the Government, is of unsound mind, is an undischarged insolvent, owes allegiance to a foreign power, or is otherwise disqualified by or under parliamentary law, subject to stated ministerial exceptions.

84. A person who knowingly sits or votes before making the required declaration, or while disqualified or prohibited, is liable to a monetary penalty for each day of such sitting or voting.

85. Subject to parliamentary rules, there shall be freedom of speech in Parliament. Members are protected from court proceedings in respect of speeches, votes and authorised publications.

Other privileges remain those defined by Parliament by law, and until so defined, those of the House of Commons at the commencement of the Constitution.

86. Members of either House of Parliament shall receive such salaries and allowances as Parliament may determine by law, and until then such allowances as were applicable to members of the Legislature of the Dominion of India immediately before commencement.

87. Subject to provisions relating to Money Bills and financial Bills, a Bill may originate in either House of Parliament.

The article lays down the general rule that a Bill must be agreed to by both Houses, and also deals with lapse or continuance of pending Bills on prorogation or dissolution of the House of the People.

88. Where one House rejects a Bill, the Houses finally disagree, or the other House fails to pass it within six months, the President may notify his intention to summon a joint sitting, except in the case of a Money Bill.

The article then regulates the holding of the joint sitting and the conditions under which the Bill is deemed to have been passed there.

89. A Money Bill shall not be introduced in the Council of States.

After passing the House of the People it is sent to the Council of States for recommendations, which may be accepted or rejected by the House of the People, and if not returned within thirty days it is deemed passed in the form originally approved by the House of the People.

90. This article defines when a Bill is to be treated as a Money Bill by listing the financial subjects that may be contained in it, such as taxation, borrowing, supply, appropriation, charged expenditure and custody of public money.

The Speaker of the House of the People has the final decision on whether a Bill is a Money Bill, and the Speaker’s certificate must be endorsed on such Bills.

91. When a Bill has been passed by the Houses of Parliament it is presented to the President, who may assent or withhold assent.

In the case of a Bill other than a Money Bill, the President may within six weeks return it with a message requesting reconsideration and possible amendment.

92. For every financial year, the President shall cause to be laid before both Houses a statement of the estimated receipts and expenditure of the Government of India.

The article distinguishes charged expenditure from other expenditure and lists the categories of expenditure charged upon the revenues of India.

93. Charged expenditure is not submitted to the vote of Parliament, though it may be discussed.

Other expenditure is submitted to the House of the People in the form of demands for grants, which may be assented to, refused, or reduced, and no demand may be made except on the recommendation of the President.

94. The President shall authenticate by signature a schedule specifying the grants made by the House of the People and the sums required for charged expenditure.

The schedule is laid before the House of the People but is not open to discussion or vote, and subject to subsequent provisions no expenditure is duly authorised unless specified in it.

95. If further expenditure becomes necessary during a financial year beyond what has already been authorised, the President must lay a supplementary statement before both Houses, and the preceding financial provisions apply to it as well.

96. Where expenditure requiring a vote of the House of the People has been incurred in excess of the amount granted for a service, a demand for the excess must be presented, and the provisions on grants and authorised expenditure apply correspondingly.

97. Bills or amendments dealing with specified financial matters may not be introduced or moved except on the recommendation of the President, and certain such Bills may not be introduced in the Council of States.

A Bill involving expenditure from the revenues of India also cannot be passed unless the President has recommended its consideration.

98. Each House of Parliament may make rules for regulating its procedure and conduct of business, subject to the Constitution.

Until then, existing procedural rules continue subject to adaptation, and the President may make rules for joint sittings and communications between the Houses.

99. Business in Parliament shall be transacted in Hindi or English.

The presiding officer may permit a member to address the House in his mother tongue, and may arrange for a summary in Hindi or English to be included in the official record.

100. No discussion shall take place in Parliament with respect to the conduct of any judge of the Supreme Court or a High Court in the discharge of his duties except upon a motion for presenting an address to the President praying for removal.

101. The validity of parliamentary proceedings shall not be called in question on the ground of alleged irregularity of procedure.

Officers or members of Parliament exercising powers for regulating procedure, conduct of business, or maintaining order are also protected from court jurisdiction in respect of exercise of those powers.

102. When both Houses of Parliament are not in session and immediate action is necessary, the President may promulgate Ordinances having the same force and effect as Acts of Parliament.

Such Ordinances must be laid before both Houses, cease after the prescribed period from reassembly unless approved, may be withdrawn, and are void to the extent that they contain provisions Parliament would not be competent to enact.

103. There shall be a Supreme Court of India consisting of a Chief Justice and at least seven other judges as Parliament may prescribe by law.

The article also governs appointment, qualifications, age of retirement, resignation, removal, oath and post-retirement restriction on practice.

104. Judges of the Supreme Court are entitled to such salaries, allowances, leave and pension rights as may be fixed by law, and until then as specified in the Second Schedule, with protection against disadvantageous variation after appointment.

105. When the office of Chief Justice is vacant, or the Chief Justice is unable to perform duties, another judge may be appointed to perform them.

106. Where there is no quorum, a High Court judge may be requested to attend as an ad hoc judge of the Supreme Court.

107. Former judges of the Supreme Court or Federal Court may, with consent, be requested to sit and act as judges of the Supreme Court.

108. The Supreme Court shall be a court of record and shall sit in Delhi and at such other place or places as the Chief Justice may, with approval of the President, appoint from time to time.

109. Subject to stated exceptions, the Supreme Court has exclusive original jurisdiction in disputes between the Government of India and one or more States, between the Union and States on one side and other States on the other, and between two or more States where a legal right is involved.

110. Appeals lie from High Courts where a substantial question of law as to interpretation of the Constitution is involved.

111. Civil appeals lie in specified cases involving valuation thresholds, property questions or certification that the case is fit for appeal.

112. The Supreme Court may grant special leave to appeal from judgments, decrees or final orders in cases outside articles 110 and 111.

113. Certain High Courts in Part III States may state cases for the opinion of the Supreme Court on material questions concerning applicability or interpretation of parliamentary or other State law.

114. Parliament may confer further jurisdiction and powers on the Supreme Court in Union List matters and, where authorised by law, in matters covered by special agreement between the Union and a State.

115. Parliament may also empower the Court to issue writs for purposes beyond enforcement of fundamental rights.

116. Supplemental powers may likewise be conferred to enable more effective exercise of constitutional jurisdiction.

117. The law declared by the Supreme Court is binding on all courts within the territory of India.

118. The Court may pass orders necessary for complete justice and exercise contempt and related powers.

119. The President may refer questions of public importance, and certain disputes, to the Court for opinion or decision.

120. All civil and judicial authorities in the territory of India shall act in aid of the Supreme Court.

121. The Court may make rules, subject to law and presidential approval, regarding practice and procedure.

122. Administrative expenses of the Court are charged on the revenues of India.

123. Certain references to High Courts in Part III States are specially defined for the purposes of this chapter.

124. There shall be an Auditor-General of India, appointed by the President and removable only in like manner and on like grounds as a judge of the Supreme Court.

The article also protects salary and service conditions, bars further office under the Union or States after demitting office, and charges audit expenses on the revenues of India.

125. The Auditor-General shall perform such duties and exercise such powers in relation to the accounts of the Government of India and of any State as may be prescribed by or under law made by Parliament.

126. Accounts of the Government of India shall be kept in such form as the Auditor-General may, with approval of the President, prescribe, and States must keep accounts in accordance with directions given in that behalf with the like approval.

127. Reports of the Auditor-General relating to the accounts of the Government of India shall be submitted to the President, who shall cause them to be laid before Parliament.

128. In this Part, unless the context otherwise requires, the expression “State” means a State for the time being specified in Part I of the First Schedule.

129. There shall be a Governor for each State.

130. The executive power of the State shall be vested in the Governor and may be exercised by him in accordance with the Constitution and the law.

The article also clarifies that existing functions of other authorities are not automatically transferred and that Parliament or the State Legislature may confer functions on authorities subordinate to the Governor.

131. The Draft records two alternatives for selection of a Governor:

One version provides for election by direct vote of the qualified voters of the State.

The alternative version provides for appointment by the President from a panel of four candidates elected by the State Legislature by proportional representation and secret ballot.

132. The Governor shall hold office for a term of five years from the date on which he enters upon office.

The article also provides for resignation, removal by impeachment, and continuation in office until a successor enters upon office.

133. A person who holds, or has held, office as Governor shall be eligible for re-election or re-appointment to that office once, but only once.

134. The Draft again records alternative versions.

Under the election model, a Governor must be a citizen of India, at least thirty-five years of age, and not disqualified for being chosen as a member of the Legislative Assembly, while also not holding disqualifying offices of emolument.

Under the appointment model, the person must likewise be a citizen of India, at least thirty-five years old, and not disqualified for being chosen as a member of the Legislative Assembly.

135. The Governor shall not be a member of Parliament or of the Legislature of any State specified in the First Schedule, and if such a member is elected or appointed Governor, the seat is deemed vacant upon entering office.

The Governor shall not hold any other office of emolument, shall have an official residence, and emoluments fixed by State law shall not be diminished during the term of office.

136. Every Governor, and every person discharging the functions of Governor, shall before entering office make and subscribe an oath or affirmation to faithfully execute the office, preserve, protect and defend the Constitution and the law, and devote himself to the service and well-being of the people of the State.

137. A charge for violation of the Constitution may be preferred by the Legislative Assembly of the State, subject to notice and special majority requirements.

The Council of States then investigates the charge through a committee, and if the charge is sustained by the required majority, the Governor stands removed.

138. The Draft again notes alternatives: the Legislature of the State may make provision for discharge of the Governor’s functions in contingencies not otherwise provided for, or the President may make such provision.

139. Elections, or elections to constitute a panel where that model is adopted, for filling vacancies caused by expiration of term must be completed before expiration.

Vacancies arising by death, resignation, removal or otherwise must be filled as soon as possible, and the new Governor holds office for a full five-year term.

140. Doubts and disputes connected with election of a Governor, or the election constituting a panel for appointment, shall be decided by the Supreme Court.

Subject to the Constitution, the State Legislature may regulate matters connected with the process.

141. The Governor of a State has power to grant pardons, reprieves, respites or remissions of punishment, or suspend, remit or commute sentences, in relation to offences against laws on matters within the State Legislature’s law-making power.

142. Subject to the Constitution, the executive power of each State extends to matters with respect to which the Legislature of the State has power to make laws and to certain rights, authority and jurisdiction exercisable under agreements with Part III States.

143. There shall be a Council of ministers with the Chief Minister at the head to aid and advise the Governor, except where the Constitution requires him to act in his discretion.

The article also protects such advice from judicial inquiry and makes the Governor’s decision final where a question arises whether a matter falls within his discretion.

144. Ministers are appointed by the Governor and hold office during his pleasure.

The article also provides for oaths, membership requirements, certain special ministerial arrangements, observance of constitutional instructions, salaries and allowances, and specifies that appointment and dismissal of ministers are to be exercised by the Governor in his discretion.

145. The Governor shall appoint a person qualified to be a High Court judge to be Advocate-General for the State.

The Advocate-General advises the Government of the State on legal matters, performs duties assigned by the Governor, retires on resignation of the Chief Minister subject to continuation until successor or reappointment, and receives remuneration determined by the Governor.

146. All executive action of the Government of a State shall be expressed to be taken in the name of the Governor.

Orders and instruments made in that name must be authenticated in the prescribed manner, and their validity cannot then be challenged on the ground that they were not made or executed by the Governor.

147. The Chief Minister must communicate to the Governor all decisions of the Council of ministers relating to administration and proposals for legislation, furnish information the Governor may call for, and, when required, submit to the Council any matter decided by a minister but not considered by the Council.

148. For every State there shall be a Legislature consisting of the Governor and either one House or two Houses, depending on the State.

Where there are two Houses, they are to be known as the Legislative Council and the Legislative Assembly; where there is one House, it is the Legislative Assembly.

149. The Legislative Assembly of each State is to be composed of members chosen by direct election on the basis of adult suffrage.

The article also regulates territorial representation, population basis, minimum and maximum size of the Assembly, and readjustment after each census.

150. In States having a Legislative Council, its size shall not exceed twenty-five per cent of the strength of the Legislative Assembly.

The article distributes membership among persons chosen from panels, members elected by the Legislative Assembly, and members nominated by the Governor, and also describes the formation of panels of qualified candidates.

151. Every Legislative Assembly continues for five years unless sooner dissolved.

The Legislative Council, where it exists, is not subject to dissolution and as nearly as may be one-third of its members retire every third year.

152. A person must be at least twenty-five years of age to be chosen to fill a seat in a Legislative Assembly and at least thirty-five years of age to be chosen to fill a seat in a Legislative Council.

153. The House or Houses of the State Legislature must meet at least twice a year, with no more than six months between the last sitting of one session and the first sitting of the next.

The Governor may summon, prorogue and dissolve the Legislative Assembly, and in specified matters acts in his discretion.

154. The Governor may address the Legislative Assembly or, where there are two Houses, either House or both Houses together, and may send messages to the House or Houses on Bills or other matters for consideration.

155. At the commencement of every session, the Governor shall address the Legislative Assembly or both Houses assembled together and inform the Legislature of the cause of its summons.

Rules must provide for discussion of matters referred to in that address and for precedence of that discussion.

156. Every minister and the Advocate-General for a State may speak in, and otherwise take part in, the proceedings of the Legislative Assembly, the Legislative Council where one exists, joint sittings, and committees of which he may be named a member, though not by virtue of this article entitled to vote.

157. The Legislative Assembly shall choose two members to be Speaker and Deputy Speaker.

158. These officers vacate office on ceasing to be members, may resign, and may be removed by the Assembly subject to notice and majority requirements, with continuity of the Speaker after dissolution until the next Assembly meets.

159. Provision is made for acting as Speaker when the office is vacant or the Speaker is absent.

160. The Legislative Council shall choose two of its members to be Chairman and Deputy Chairman.

161. These officers vacate office on ceasing to be members, may resign, and may be removed by the Council subject to notice and majority requirements.

162. Provision is made for acting as Chairman when the office is vacant or the Chairman is absent.

163. Salaries and allowances of the Speaker and Deputy Speaker of the Legislative Assembly and of the Chairman and Deputy Chairman of the Legislative Council are to be fixed by State law and, until then, are as specified in the Second Schedule.

164. Questions in a House or joint sitting of the State Legislature are generally decided by a majority of members present and voting, with the presiding officer having a casting vote in case of equality.

The House may act despite vacancies, but if there is no quorum, the presiding officer must adjourn or suspend the meeting. The quorum is ten members or one-sixth of the total membership, whichever is greater.

165. Every member of the Legislative Assembly or Legislative Council must, before taking a seat, make and subscribe before the Governor or a person appointed by him a declaration in the form set out in the Third Schedule.

166. No person shall be a member of both Houses of a State Legislature, nor both of Parliament and a State Legislature, and provision is to be made for vacation of one of the seats in such cases.

The article also addresses vacancies by disqualification, resignation and prolonged absence without permission.

167. A person is disqualified for being chosen as, and for being, a member of the State Legislature on grounds similar to parliamentary disqualification, such as office of profit, unsoundness of mind, insolvency, allegiance to a foreign power, or disqualification by law, subject to specified exceptions.

168. Questions regarding disqualification of a member of the State Legislature are to be referred to the Governor, whose decision is final, subject to obtaining the opinion of the Election Commission where the Constitution so requires.

169. A person who knowingly sits or votes before making the required declaration, or while not qualified or while disqualified, is liable to a monetary penalty for each day of such sitting or voting.

170. Subject to legislative rules, there shall be freedom of speech in the State Legislature, and members are protected from court proceedings regarding speeches, votes and authorised publications.

Other privileges are to be defined by law and, until then, correspond to those of the House of Commons at the commencement of the Constitution.

171. Members of the Houses of the State Legislature are entitled to such salaries and allowances as may be determined by State law, and until then such allowances as were applicable before commencement.

172. Subject to special provisions on Money Bills and financial Bills, a Bill may originate in either House of the State Legislature.

173. This article deals with disagreement between the Houses and provides for joint sittings in specified circumstances, other than in the case of Money Bills.

174. A Money Bill shall not be introduced in the Legislative Council and is subject to a special recommendation procedure by that House.

175. This article defines what counts as a Money Bill and gives finality to the Speaker’s decision on that question.

176. When a Bill is passed by the Houses of the Legislature, it is presented to the Governor, who may assent, withhold assent, or, in some cases, reserve the Bill for the consideration of the President.

177. The Governor shall cause an annual financial statement of State receipts and expenditure to be laid before the Legislature.

178. Charged expenditure is not submitted to vote, while other expenditure is presented as demands for grants to the Legislative Assembly.

179. The Governor authenticates the schedule of authorised expenditure.

180. Supplementary financial statements are required where further expenditure becomes necessary.

181. Excess demands must be presented where voted expenditure exceeds the amount granted.

182. Financial Bills require recommendation of the Governor and are subject to special rules parallel to those applicable in Parliament.

183. Each House of the State Legislature may make rules regulating procedure and conduct of business, subject to the Constitution.

184. Business in the Legislature is to be transacted in the authorised language framework provided by the Draft, with scope for the presiding officer to permit use of another language in suitable cases.

185. Discussion of the conduct of judges is restricted except upon motions for removal.

186. Courts are not to inquire into legislative proceedings on grounds of procedural irregularity, and legislative officers exercising procedural powers are protected from court jurisdiction in respect of those powers.

187. When the State Legislature is not in session and immediate action is necessary, the Governor may promulgate Ordinances having the force of law.

The article also regulates laying before the Legislature, cessation, withdrawal, and invalidity to the extent the Ordinance could not constitutionally have been enacted by the State Legislature.

188. If the Governor is satisfied that a grave emergency has arisen threatening the peace and tranquillity of the State and that government cannot be carried on in accordance with the Constitution, he may proclaim that his functions shall, to the specified extent, be exercised by him in his discretion.

The article allows incidental and consequential provisions, subject to the limitation that High Court provisions cannot be suspended, requires communication to the President, and limits the duration of such a proclamation unless earlier revoked.

189. This article defines “scheduled areas” and “tribal areas” by reference to the relevant tables appended to the Fifth and Sixth Schedules.

190. The provisions of the Fifth Schedule apply to the administration and control of scheduled areas and scheduled tribes in States specified in Part I of the First Schedule, while the Sixth Schedule applies to the administration of tribal areas in Assam.

191. This article declares which existing courts shall be deemed to be High Courts for constitutional purposes and provides for replacement, reconstitution or declaration of other courts as High Courts.

192. Every High Court is to be a court of record and is to consist of a Chief Justice and such other judges as the President considers necessary, subject to any fixed maximum.

193. Judges of High Courts are appointed by the President after the required consultations and hold office until the prescribed age, subject to resignation, removal and transfer or elevation.

194. Provisions relating to investigation and proof of misbehaviour or incapacity apply correspondingly.

195. Judges must make the prescribed declaration before entering office.

196. Former judges are restricted from pleading or acting in courts or before authorities within the territory of India.

197. Salaries, allowances and pension rights are protected, subject to law.

198 to 200 provide for acting judges, additional judges and the recall of former judges to sit and act where necessary.

201. Existing jurisdiction and powers of High Courts continue, subject to the Constitution and competent legislation.

202. Every High Court has writ jurisdiction for enforcement of fundamental rights and for other purposes.

203. High Courts have superintendence over subordinate courts, including powers of transfer, rule-making and fee regulation.

204. Cases involving substantial constitutional questions may be withdrawn by the High Court from subordinate courts.

205. Administrative expenses of High Courts, including judicial salaries and staff salaries, are charged on State revenues.

206. State Legislatures may constitute, reconstitute or amalgamate High Courts, subject to provisions preserving judges, staff and pending matters.

207. Parliament may extend or exclude the jurisdiction of a High Court to or from another State or area, subject to required consents.

208 and 209 contain supplementary rules for cases where a High Court exercises jurisdiction in relation to more than one State or area.

210. A State Legislature may by law provide for appointment of an Auditor-in-Chief for the State. The article regulates appointment, removal, conditions of service, duties, pension, eligibility for future office and charging of salary and staff expenses on State revenues.

211. Reports of the Auditor-General of India or the Auditor-in-Chief of the State relating to State accounts shall be submitted to the Governor, who shall cause them to be laid before the Legislature of the State.

216. Subject to the Constitution, Parliament may make laws for the whole or any part of the territory of India, and the Legislature of a State may make laws for the whole or any part of the State.

No law made by Parliament is to be deemed invalid merely on the ground that it has extra-territorial operation.

217. Parliament has exclusive power over matters in the Union List, Parliament and the States share power over matters in the Concurrent List, and States in Part I of the First Schedule have exclusive power over matters in the State List, subject to the Constitution.

Parliament also has power to legislate on State List matters for areas not included in Part I or Part III of the First Schedule.

218. Parliament has exclusive power to legislate regarding the constitution, organisation, jurisdiction and powers of the Supreme Court.

219. Parliament may establish additional courts for better administration of parliamentary laws or existing laws in Union List matters.

220 to 222 distribute legislative power over High Courts, including their constitution, organisation, jurisdiction, powers and procedure between Parliament and State Legislatures depending on the nature of the matter and the location of the Court.

223. Parliament has exclusive power to make laws with respect to matters not enumerated in the Concurrent List or State List, including the power to impose taxes not mentioned in either of those Lists.

224. This article places specific limitations on Parliament’s power in relation to posts and telegraphs, communications and corporations in certain States specified in Part III of the First Schedule.

225. Parliament’s power to make laws for such States or groups of States is further made subject to the terms of agreements entered into with the Government of India and the limitations contained therein.

226. If the Council of States declares by the required special majority that it is necessary in the national interest, Parliament may legislate on matters in the State List specified in the resolution.

227. While a Proclamation of Emergency is in operation, Parliament may legislate for the whole or any part of India on State List matters.

228. State legislative power is not wholly extinguished, but parliamentary law prevails over inconsistent State law for so long as it remains in force.

229. Where one or more States pass resolutions requesting Parliament to legislate on matters otherwise outside Parliament’s power except under special provisions, Parliament may legislate accordingly for those States and for any other State that later adopts the law by resolution.

230. Notwithstanding the distribution of powers, Parliament may make laws for any State or part thereof for implementing any treaty, agreement or convention with any other country or countries.

231. If a State law is repugnant to a law made by Parliament or to an existing law on a matter within Parliament’s competence, the parliamentary or existing law prevails and the State law is void to the extent of repugnancy.

An exception is made where a State law on a Concurrent List matter has been reserved for the President and has received assent, though Parliament may later override it.

232. No Act of Parliament or of the Legislature of a State in Part I of the First Schedule is invalid merely because some recommendation required by the Constitution was not given, so long as assent to the Act was duly given by the competent constitutional authority.

233. The executive power of every State shall be so exercised as to ensure compliance with laws made by Parliament and existing laws applicable in that State, and the executive power of the Union extends to giving such directions to a State as may appear necessary for this purpose.

234. The executive power of every State must be exercised so as not to impede or prejudice the executive power of the Union.

The Union may also give directions to a State regarding construction and maintenance of means of communication declared to be of national or military importance, subject to the article’s saving clauses.

235. With the consent of a State Government, the President may entrust Union functions to that Government or its officers, conditionally or unconditionally.

The article also permits parliamentary laws to confer powers and impose duties on States or their authorities and provides for payment by the Union of agreed or arbitrated extra administrative costs.

236. The Government of India may, by agreement with a State in Part III of the First Schedule, undertake legislative, executive or judicial functions vested in that State, subject to constitutional conditions.

237. A State in Part I of the First Schedule may, with previous sanction of the President, similarly undertake functions vested in a Part III State in matters within the State List or Concurrent List.

238. Full faith and credit shall be given throughout the territory of India to public acts, records and judicial proceedings of the Union and of every State.

Final civil judgments and orders shall be capable of execution anywhere within the territory according to law, subject to the qualifications stated for certain Part III States.

239. Where a State considers its interests in water from a natural source of supply prejudicially affected, it may complain to the President.

240. The President may appoint a Commission to investigate and report, with possible reference of substantial legal questions to the Supreme Court and with final presidential orders following the report.

241. Similar reference may be made by the President on behalf of States in Part II of the First Schedule.

242. Ordinary courts, including the Supreme Court, are barred from entertaining actions in respect of matters that could be taken under these water-dispute provisions.

243. No preference is to be given to one State over another, nor discrimination made between States, by law or regulation relating to trade or commerce.

244. States may, however, impose non-discriminatory taxes on imported goods comparable to local goods and reasonable restrictions on trade in the public interest, subject to constitutional limitations.

245. Parliament is to appoint an authority for carrying out these trade provisions and may confer upon it the powers and duties it thinks necessary.

246. If it appears to the President that public interests would be served, he may by order establish a Council charged with inquiring into and advising upon disputes between States, discussing common subjects of interest, and making recommendations for better coordination of policy and action.

247. For this Part, the Constitution defines key expressions including “Finance Commission” and clarifies the meaning of “State” and references to States in Part II of the First Schedule.

248. Subject to the succeeding provisions on assignment of the whole or part of certain taxes and duties, “revenues of India” include all revenues and public moneys raised or received by the Government of India, and “revenues of the State” similarly include those raised or received by the Government of a State.

249. Certain stamp duties and duties of excise on medicinal and toilet preparations are levied by the Government of India but collected either by the Union or the States as specified, and their proceeds are assigned to the States where leviable.

250. Succession duties, estate duty on non-agricultural property, terminal taxes on goods or passengers carried by rail or air, and taxes on railway fares and freights are levied and collected by the Union but assigned to the States according to principles laid down by Parliament.

251. Taxes on income other than agricultural income are levied and collected by the Government of India and distributed between the Union and the States in the prescribed manner.

The article also defines relevant expressions, including taxes on income, Union emoluments and the meaning of “prescribed” in this context.

252. Parliament may increase certain duties and taxes referred to in the preceding provisions by a surcharge for Union purposes, and the whole proceeds of such surcharge form part of the revenues of India.

253. No duties on salt shall be levied by the Union. Other Union duties of excise, except specified medicinal and toilet duties, are levied and collected by the Union, but Parliament may provide for payments out of Union revenues to States in respect of their proceeds.

254. A prescribed proportion of export duty on jute or jute-products is to be assigned to the States in which jute is grown, according to principles laid down by Parliament.

255. Parliament may provide for sums charged on the revenues of India as grants-in-aid to States in need of assistance.

The article also contains special provisions for development schemes benefiting Scheduled Tribes and Scheduled Areas, and for grants to Assam relating to tribal areas.

256. Subject to constitutional limits, State Legislatures may make laws imposing taxes on professions, trades, callings and employments, within the monetary ceiling and related provisions stated in the article.

257. Certain taxes, duties, cesses or fees lawfully levied before commencement may continue notwithstanding their mention in the Union List, until Parliament provides otherwise.

258. The Union may enter into agreements with States in Part III of the First Schedule regarding levy, collection and distribution of taxes or duties otherwise than in accordance with the general scheme of this Chapter, subject to duration and modification provisions.

259. The article defines “net proceeds” and provides that the Auditor-General of India shall ascertain and certify such proceeds, with the certificate being final.

260. The President shall periodically constitute a Finance Commission consisting of a Chairman and four other members, and the article sets out its advisory functions regarding tax distribution, grants-in-aid, agreements with Part III States and other financial matters referred by the President.

261. The President shall cause every recommendation of the Finance Commission, together with an explanatory memorandum of the action taken, to be laid before Parliament.

262. The Union or a State may make any grants for any public purpose, notwithstanding that the purpose is not one with respect to which Parliament or the Legislature of the State, as the case may be, may make laws.

263. The President and the Governor of a State may make rules to secure that revenues and public moneys are paid into the public accounts of India or of the State, and may regulate withdrawal, custody and related matters.

Parliament and State Legislatures may also legislate on these matters, in which case any such rules operate subject to the law.

264. Property of the Union is, subject to parliamentary law, exempt from taxes imposed by or by any authority within a State, with certain continuance of pre-existing liability until otherwise provided.

265. States are restricted from taxing certain consumption or sale of electricity involving the Government of India and Union railways, except as Parliament may otherwise provide.

266. States are generally exempt from Union taxation in respect of lands, buildings and income, subject to the article’s exception for trade or business and certain personal property or income of Rulers of Part III States.

267. Provision is made for contribution between the Union and States where expenses of courts, commissions or pensions charged on one set of revenues serve or relate partly to another government.

268. The executive power of the Union extends to borrowing on the security of the revenues of India and to giving guarantees within limits fixed by parliamentary law.

269. States in Part I of the First Schedule may similarly borrow within India and give guarantees within limits fixed by State law, while the Government of India may make loans to States or guarantee their loans; where prior Union loans or guarantees remain outstanding, the State may not raise further loans without Union consent.

270. From commencement, the Government of India and the Governments of corresponding States in Part I of the First Schedule succeed respectively to the property, assets and liabilities of the Dominion of India and the corresponding Provinces, subject to adjustments arising from partition and reorganisation.

271. Property in the territory of India, other than in certain Part III States, that would have accrued to the Crown by escheat, lapse or as bona vacantia is to vest either in the State or in the Union depending on location and the purposes for which it was held or used.

272. The executive power of the Union and of States in Part I of the First Schedule extends, subject to competent legislation, to grant, sale, disposition or mortgage of property held for governmental purposes, to acquisition of property for such purposes, and to the making of contracts.

273. Contracts made in exercise of the executive power of the Union or a State must be expressed to be made by the President or the Governor, as the case may be, and executed on their behalf by authorised persons in the prescribed manner.

The President and Governors, and persons executing such contracts on their behalf, are protected from personal liability in respect of them.

274. The Government of India may sue or be sued by the name of the Government of India, and the Government of a State in Part I of the First Schedule may sue or be sued by the name of the State.

The article also provides for substitution of the Government of India or the corresponding State in pending legal proceedings involving the Dominion of India or a Province at the date of commencement.

275. If the President is satisfied that a grave emergency exists whereby the security of India is threatened, whether by war or domestic violence, he may by proclamation make a declaration to that effect.

The article also provides for laying the proclamation before Parliament, approval by both Houses, duration, revocation, and even anticipatory proclamation where imminent danger exists.

276. While a Proclamation of Emergency is in operation, the executive power of the Union extends to giving directions to any State on the manner in which its executive power is to be exercised.

Parliament also gains power to legislate more broadly and to confer powers or impose duties upon Union authorities in relation to any matter.

277. While a Proclamation of Emergency is in operation, the President may direct that specified financial distribution provisions shall have effect subject to exceptions or modifications for a stated period.

278. If, on receipt of a proclamation from a Governor under article 188, the President is satisfied that government in the State cannot be carried on in accordance with the Constitution, he may assume State functions, shift legislative power to Parliament, and make incidental and consequential provisions.

The article also regulates duration, parliamentary approval, and the effect of laws made under such proclamation.

279. While a Proclamation of Emergency is in operation, nothing in article 13 of Part III restricts the power of the State to make laws or take executive action which it would otherwise be competent to make or take.

280. While a Proclamation of Emergency is in operation, the President may by order declare that the rights guaranteed by article 25 shall remain suspended for the stated period, not extending beyond six months after the emergency ceases.

281. In this Part, unless the context otherwise requires, the expression “State” means a State for the time being specified in Part I of the First Schedule.

282. The appropriate Legislature may regulate recruitment and conditions of service of persons appointed to public services and posts under the Union or a State.

No such civil servant may be dismissed, removed or reduced in rank without a reasonable opportunity of showing cause, except in the cases specifically provided.

283. Until other provision is made under the Constitution, existing service rules applicable before commencement continue in force so far as they are consistent with the Constitution.

284. There shall be a Public Service Commission for the Union and for each State, subject to the article’s provision for joint Commissions, shared arrangements and service by the Union Commission to State needs with approval.

285. The Chairman and members of the Union and State Public Service Commissions are appointed by the President or the Governor, as the case may be, and the article regulates composition, tenure, conditions of service and post-office ineligibilities.

286. Public Service Commissions conduct examinations for appointments and are to be consulted on methods of recruitment, appointments, promotions, transfers, disciplinary matters and certain claims relating to service, subject to regulations and specified exceptions.

287. Parliament or the Legislature of a State may provide for the exercise of additional functions by the relevant Public Service Commission, subject to the conditions stated in the article.

288. The expenses of the Union or a State Public Service Commission, including salaries, allowances and pensions of members and staff, are charged on the revenues of India or of the State, as the case may be.

289. The superintendence, direction and control of all elections to Parliament and to the offices of President and Vice-President are vested in a Commission appointed by the President.

Corresponding powers over elections to the Legislature of a State and to the office of Governor or related panel are vested in a Commission appointed by the Governor of the State.

290. Subject to the Constitution, Parliament may from time to time make provision with respect to all matters relating to or connected with elections to either House of Parliament, including matters necessary for securing due constitution of the Houses and delimitation of constituencies.

291. Subject to the Constitution, the Legislature of a State in Part I of the First Schedule may make provision regarding elections to the House or Houses of the State Legislature, including due constitution of those Houses and delimitation of constituencies.

292. Seats are reserved in the House of the People for specified communities, including the Muslim community, Scheduled Castes, scheduled tribes and, in certain States, the Indian Christian community.

293. The President may nominate not more than two Anglo-Indians to the House of the People if that community is not adequately represented.

294. Seats are similarly reserved in State Legislative Assemblies for specified communities, with special provisions for autonomous districts of Assam.

295. The Governor may nominate members of the Anglo-Indian community to a State Legislative Assembly where representation is inadequate.

296. The claims of all minority communities are to be taken into consideration, consistently with efficiency of administration, in appointments to services and posts under the Union or certain States.

297. Temporary arrangements are made regarding appointments of the Anglo-Indian community to specified Union services.

298. Temporary educational grants for the Anglo-Indian community are preserved for a limited period, subject to gradual reduction and stated conditions.

299. There shall be a Special Officer for minorities for the Union and a corresponding Special Officer for each State in Part I of the First Schedule, charged with investigation and reporting on minority safeguards.

300. The President may appoint a Commission to report on administration of scheduled areas and welfare of scheduled tribes, and the Union may give directions to States for tribal welfare schemes.

301. The President may appoint a Commission to investigate the conditions of socially and educationally backward classes and recommend steps for their advancement.

302. The President and Governors are not answerable to any court for exercise and performance of constitutional powers and duties, subject to the stated constitutional exceptions.

The article also bars criminal proceedings during tenure, prevents arrest or imprisonment, and imposes notice requirements for certain civil proceedings regarding personal acts.

303. This article defines numerous recurring constitutional expressions such as agricultural income, Anglo-Indian, corporation tax, existing law, pension, public notification, scheduled castes, scheduled tribes and many others.

It also applies the General Clauses Act, 1897 for interpretation and clarifies that references to Acts or laws include Ordinances where the context permits.

304. An amendment of the Constitution may generally be initiated by introduction of a Bill in either House of Parliament and requires passage in each House by the required special majorities.

Where the amendment concerns specified federal subjects such as the legislative Lists, representation of States in Parliament or powers of the Supreme Court, further ratification by prescribed numbers of States is required.

The article also provides a special route for amendments concerning the method of choosing a Governor or the number of Houses in the Legislature of a State in Part I of the First Schedule.

305. Notwithstanding article 304, the constitutional provisions relating to reservation of seats for Muslims, Scheduled Castes, scheduled tribes or Indian Christians in Parliament or in certain State Legislatures shall not be amended during a period of ten years from commencement and shall thereafter cease unless continued by amendment of the Constitution.

306. For five years from commencement, Parliament may legislate as if certain specified subjects, including trade and commerce in key commodities, relief and rehabilitation of displaced persons, and connected offences and jurisdiction, were in the Concurrent List.

307. Subject to the Constitution, all law in force in the territory of India immediately before commencement continues in force until altered, repealed or amended by competent authority.

The President may by Order adapt and modify such law to bring it into accord with the Constitution, and the article also contains explanations on the meaning of law in force and related transitional matters.

308. Judges of the Federal Court become judges of the Supreme Court unless they elect otherwise, pending proceedings stand transferred, and jurisdiction of His Majesty in Council in appeals from Indian courts ceases, with pending matters moving to the Supreme Court.

309. All courts of civil, criminal and revenue jurisdiction, and all judicial, executive and ministerial authorities and officers throughout the territory of India, continue to exercise their respective functions subject to the Constitution.

310. Judges of High Courts in Provinces holding office immediately before commencement become judges of the corresponding High Courts in the States, unless they elect otherwise, and receive the service protections provided under the Constitution.

311. Until both Houses of Parliament are duly constituted and summoned, the Constituent Assembly of the Dominion of India is to exercise the powers and perform the duties conferred on Parliament, including making laws necessary for the constitution of Parliament and elections thereto.

The article also provides for the Speaker of the Constituent Assembly and for a provisional President of India.

312. Until the State Legislatures in Part I of the First Schedule are duly constituted, the corresponding provincial legislatures are to exercise constitutional powers and duties.

The article also provides for continuation of Speakers, Chairmen, provisional Governors and existing provincial ministers in transitional roles.

313. The President may by Order make adaptations, variations, additions or repeals in the Constitution for the purpose of removing difficulties in the transition from the Government of India Act framework, subject to the limitation that no such order may be made after the first meeting of duly constituted Parliament.

314. This Constitution shall come into force on the date specified in the text.

315. The Indian Independence Act, 1947, the Government of India Act, 1935, including the India (Central Government and Legislature) Act, 1946, and all other enactments amending or supplementing the Government of India Act, 1935, shall cease to have effect.