Constitution of IndiaPart V
The Union
102
Articles
52 to 151
Range
81 min
To read
- 52The President of IndiaThere shall be a President of India.
- 53Executive power of the Union(1) The executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with this C
- 54Election of PresidentThe President shall be elected by the members of an electoral college consisting of— (a) the elected members of both Houses of Parliament; and (b) the elected members of th
- 55Manner of election of President(1) As far as practicable, there shall be uniformity in the scale of representation of the different States at the election of the President. (2) For the purpose of securing su
- 56Term of office of President(1) The President shall hold office for a term of five years from the date on which he enters upon his office: Provided that— (a) the President may, by writing under his ha
- 57Eligibility for re-electionA person who holds, or who has held, office as President shall, subject to the other provisions of this Constitution, be eligible for re-election to that office.
- 58Qualifications for election as President(1) No person shall be eligible for election as President unless he— (a) is a citizen of India, (b) has completed the age of thirty-five years, and (c) is qualified for
- 59Conditions of President's office(1) The President shall not be a member of either House of Parliament or of a House of the Legislature of any State, and if a member of either House of Parliament or of a House of
- 60Oath or affirmation by the PresidentEvery President and every person acting as President or discharging the functions of the President shall, before entering upon his office, make and subscribe in the presence of the
- 61Procedure for impeachment of the President(1) When a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament. (2) No such charge shall be preferred un
- 62Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy(1) An election to fill a vacancy caused by the expiration of the term of office of President shall be completed before the expiration of the term. (2) An election to fill a va
- 63The Vice-President of IndiaThere shall be a Vice-President of India.
- 64The Vice-President to be ex officio Chairman of the Council of StatesThe Vice-President shall be ex officio Chairman of the Council of States and shall not hold any other office of profit: Provided that during any period when the VicePresident a
- 65The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President(1) In the event of the occurrence of any vacancy in the office of the President by reason of his death, resignation or removal, or otherwise, the Vice-President shall act as Presi
- 66Election of Vice - President(1) The Vice-President shall be elected by the members of an electoral college consisting of the members of both Houses of Parliament in accordance with the system of proportional
- 67Term of office of Vice-PresidentThe Vice-President shall hold office for a term of five years from the date on which he enters upon his office: Provided that — (a) a Vice-President may, by writing under h
- 68Time of holding election to fill vacancy in the office of Vice-President and the term of office of person elected to fill casual vacancy(1) An election to fill a vacancy caused by the expiration of the term of office of Vice-President shall be completed before the expiration of the term. (2) An election to fill
- 69Oath or affirmation by the Vice-PresidentEvery Vice-President shall, before entering upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation in the
- 70Discharge of President's functions in other contingenciesParliament may make such provisions as it thinks fit for the discharge of the functions of the President in any contingency not provided for in this Chapter.
- 71Matters relating to, or connected with, the election of a President or Vice-President(1) All doubts and disputes arising out of or in connection with the election of a President or Vice - President shall be inquired into and decided by the Supreme Court whose decis
- 72Power of President to grant pardons, etc, and to suspend, remit or commute sentences in certain cases(1) The President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any
- 73Extent of executive power of the Union(1) Subject to the provisions of this Constitution, the executive power of the Union shall extend — (a) to the matters with respect to which Parliament has power to make laws;
- 74Council of Ministers to aid and advise President(1) There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with su
- 75Other provisions as to Ministers(1) The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister. (1A) The total numbe
- 76Attorney-General for India(1) The President shall appoint a person who is qualified to be appointed a Judge of the Supreme Court to be Attorney-General for India. (2) It shall be the duty of the Attorne
- 77Conduct of business of the Government of India(1) All executive action of the Government of India shall be expressed to be taken in the name of the President. (2) Orders and other instruments made and executed in the name
- 78Duties of Prime Minister as respects the furnishing of information to the President, etcIt shall be the duty of the Prime Minister — (a) to communicate to the President all decisions of the Council of Ministers relating to the administration of the affairs of the
- 79Constitution of ParliamentThere 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.
- 80Composition of the Council of StatesThe Council of States] shall consist of — (a) twelve members to be nominated by the President in accordance with the provisions of clause (3); and (b) not more than two hun
- 81Composition of the House of the People(1) Subject to the provisions of article, the House of the People shall consist of — (a) not more than 4 [five hundred and thirty members] chosen by direct election from territ
- 82Readjustment after each censusUpon the completion of each census, the allocation of seats in the House of the People to the States and the division of each State into territorial constituencies shall be readjus
- 83Duration of Houses of Parliament(1) The Council of States shall not be subject to dissolution, but as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of every
- 84Qualification for membership of ParliamentA person shall not be qualified to be chosen to fill a seat in Parliament unless he — (a) is a citizen of India, and makes and subscribes before some person authorised in that
- 85Sessions of Parliament, prorogation and dissolution(1) The President shall from time to time summon each House of Parliament to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitti
- 86Right of President to address and send messages to Houses(1) The President may address either House of Parliament or both Houses assembled together, and for that purpose require the attendance of members. (2) The President may send m
- 87Special address by the President(1) At the commencement of the first session after each general election to the House of the People and at the commencement of the first session of each year the President shall ad
- 88Rights of Ministers and Attorney General as respects HousesEvery Minister and the Attorney-General of India shall have the right to speak in, and otherwise to take part in the proceedings of, either House, any joint sitting of the Houses,
- 89The Chairman and Deputy Chairman of the Council of States(1) The Vice-President of India shall be ex officio Chairman of the Council of States. (2) The Council of States shall, as soon as may be, choose a member of the Council to be
- 90Vacation and resignation of, and removal from, the office of Deputy ChairmanA member holding office as Deputy Chairman of the Council of States — (a) shall vacate his office if he ceases to be a member of the Council; (b) may at any time, by writin
- 91Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman(1) While the office of Chairman is vacant, or during any period when the Vice-President is acting as, or discharging the functions of, President, the duties of the office shall be
- 92The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration(1) At any sitting of the Council of States, while any resolution for the removal of the Vice-President from his office is under consideration, the Chairman, or while any resolutio
- 93The Speaker and Deputy Speaker of the House of the PeopleThe House of the People shall, as soon as may be, choose two members of the House to be respectively Speaker and Deputy Speaker thereof and, so often as the office of Speaker or De
- 94Vacation and resignation of, and removal from, the offices of Speaker and Deputy SpeakerA member holding office as Speaker or Deputy Speaker of the House of the People — (a) shall vacate his office if he ceases to be a member of the House of the People; (b) ma
- 95Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker(1) While the office of Speaker is vacant, the duties of the office shall be performed by the Deputy Speaker or, if the office of Deputy Speaker is also vacant, by such member of t
- 96The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration(1) At any sitting of the House of the People, while any resolution for the removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for
- 97Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy SpeakerThere shall be paid to the Chairman and the Deputy Chairman of the Council of States, and to the Speaker and the Deputy Speaker of the House of the People, such salaries and allowa
- 98Secretariat of Parliament(1) Each House of Parliament shall have a separate secretarial staff: Provided that nothing in this clause shall be construed as preventing the creation of posts common to both
- 99Oath or affirmation by membersEvery member of either House of Parliament shall, before taking his seat, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirm
- 100Voting in Houses, power of Houses to act notwithstanding vacancies and quorum(1) Save as otherwise provided in this Constitution, all questions at any sitting of either House or joint sitting of the Houses shall be determined by a majority of votes of the m
- 101Vacation of seats(1) No person shall be a member of both Houses of Parliament and provision shall be made by Parliament by law for the vacation by a person who is chosen a member of both Houses of
- 102Disqualifications for membership(1) A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament — (a) if he holds any office of profit under the Government of Ind
- 103Decision on questions as to disqualifications of members(1) If any question arises as to whether a member of either House of Parliament has become subject to any of the disqualifications mentioned in clause (1) of article 102, the quest
- 104Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualifiedIf a person sits or votes as a member of either House of Parliament before he has complied with the requirements of article 99, or when he knows that he is not qualified or that he
- 105Powers, privileges, etc, of the Houses of Parliament and of the members and committees thereof(1) Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of Parliament, there shall be freedom of speech in Parliament.
- 106Salaries and allowances of membersMembers of either House of Parliament shall be entitled to receive such salaries and allowances as may from time to time be determined by Parliament by law and, until provision in
- 107Provisions as to introduction and passing of Bills(1) Subject to the provisions of articles 109 and 117 with respect to Money Bills and other financial Bills, a Bill may originate in either House of Parliament. (2) Subject to
- 108Joint sitting of both Houses in certain cases(1) If after a Bill has been passed by one House and transmitted to the other House — (a) the Bill is rejected by the other House; or (b) the Houses have finally disagreed
- 109Special procedure in respect of Money Bills(1) A Money Bill shall not be introduced in the Council of States. (2) After a Money Bill has been passed by the House of the People it shall be transmitted to the Council of S
- 110Definition of “Money Bills”(1) For the purposes of this Chapter, a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters, namely :— (a) t
- 111Assent to BillsWhen a Bill has been passed by the Houses of Parliament, it shall be presented to the President, and the President shall declare either that he assents to the Bill, or that he with
- 112Annual financial statement(1) The President shall in respect of every financial year cause to be laid before both the Houses of Parliament a statement of the estimated receipts and expenditure of the Govern
- 113Procedure in Parliament with respect to estimates(1) So much of the estimates as relates to expenditure charged upon the Consolidated Fund of India shall not be submitted to the vote of Parliament, but nothing in this clause shal
- 114Appropriation Bills(1) As soon as may be after the grants under article 113 have been made by the House of the People, there shall be introduced a Bill to provide for the appropriation out of the Con
- 115Supplementary, additional or excess grants(1) The President shall — (a) if the amount authorised by any law made in accordance with the provisions of article 114 to be expended for a particular service for the current
- 116Votes on account, votes of credit and exceptional grants(1) Notwithstanding anything in the foregoing provisions of this Chapter, the House of the People shall have power — (a) to make any grant in advance in respect of the estimate
- 117Special provisions as to financial Bills(1) A Bill or amendment making provision for any of the matters specified in sub-clauses (a) to (f) of clause (1) of article 110 shall not be introduced or moved except on the reco
- 118Rules of procedure(1) Each House of Parliament may make rules for regulating, subject to the provisions of this Constitution, its procedure and the conduct of its business. (2) Until rules are m
- 119Regulation by law of procedure in Parliament in relation to financial businessParliament may, for the purpose of the timely completion of financial business, regulate by law the procedure of, and the conduct of business in, each House of Parliament in relati
- 120Language to be used in Parliament(1) Notwithstanding anything in Part XVII, but subject to the provisions of article 348, business in Parliament shall be transacted in Hindi or in English: Provided that
- 121Restriction on discussion in ParliamentNo discussion shall take place in Parliament with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties except upon a motion fo
- 122Courts not to inquire into proceedings of Parliament(1) The validity of any proceedings in Parliament shall not be called in question on the ground of any alleged irregularity of procedure. (2) No officer or member of Parliament
- 123Power of President to promulgate Ordinances during recess of Parliament(1) If at any time, except when both Houses of Parliament are in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate ac
- 124Establishment and constitution of Supreme Court(1) There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges.
- 125Salaries, etc, of Judges(1) There shall be paid to the Judges of the Supreme Court such salaries as may be determined by Parliament by law and, until provision in that behalf is so made, such salaries as
- 126Appointment of acting Chief JusticeWhen the office of Chief Justice of India is vacant or when the Chief Justice is, by reason of absence or otherwise, unable to perform the duties of his office, the duties of the o
- 127Appointment of ad hoc Judges(1) If at any time there should not be a quorum of the Judges of the Supreme Court available to hold or continue any session of the Court, the Chief Justice of India may, with the
- 128Attendance of retired Judges at sittings of the Supreme CourtNotwithstanding anything in this Chapter, the Chief Justice of India may at any time, with the previous consent of the President, request any person who has held the office of a Ju
- 129Supreme Court to be a court of recordThe Supreme Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.
- 130Seat of Supreme CourtThe Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint.
- 131Original jurisdiction of the Supreme CourtSubject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute — (a) between the Govern
- 132Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases(1) An appeal shall lie to the Supreme Court from any judgment, decree or final order of a High Court in the territory of India, whether in a civil, criminal or other proceeding, i
- 133Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters(1) An appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court in the territory of India if the High Court certifies un
- 134Appellate jurisdiction of Supreme Court in regard to criminal matters(1) An appeal shall lie to the Supreme Court from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India if the High Court — (
- 134ACertificate for appeal to the Supreme CourtEvery High Court, passing or making a judgment, decree, final order, or sentence, referred to in clause (1) of article 132 or clause (1) of article 133, or clause (1) of article 13
- 135Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme CourtUntil Parliament by law otherwise provides, the Supreme Court shall also have jurisdiction and powers with respect to any matter to which the provisions of article 133 or article 1
- 136Special leave to appeal by the Supreme Court(1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in
- 137Review of judgments or orders by the Supreme CourtSubject to the provisions of any law made by Parliament or any rules made under article 145, the Supreme Court shall have power to review any judgment pronounced or order made by i
- 138Enlargement of the jurisdiction of the Supreme Court(1) The Supreme Court shall have such further jurisdiction and powers with respect to any of the matters in the Union List as Parliament may by law confer. (2) The Supreme Cour
- 139Conferment on the Supreme Court of powers to issue certain writsParliament may by law confer on the Supreme Court power to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto an
- 139ATransfer of certain cases(1) Where cases involving the same or substantially the same questions of law are pending before the Supreme Court and one or more High Courts or before two or more High Courts and
- 140Ancillary powers of Supreme CourtParliament may by law make provision for conferring upon the Supreme Court such supplemental powers not inconsistent with any of the provisions of this Constitution as may appear t
- 141Law declared by Supreme Court to be binding on all courtsThe law declared by the Supreme Court shall be binding on all courts within the territory of India.
- 142Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc(1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before i
- 143Power of President to consult Supreme Court(1) If at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is
- 144Civil and judicial authorities to act in aid of the Supreme CourtAll authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court.
- 145Rules of Court, etc(1) Subject to the provisions of any law made by Parliament, the Supreme Court may from time to time, with the approval of the President, make rules for regulating generally the pr
- 146Officers and servants and the expenses of the Supreme Court(1) Appointments of officers and servants of the Supreme Court shall be made by the Chief Justice of India or such other Judge or officer of the Court as he may direct: P
- 147InterpretationIn this Chapter and in Chapter V of Part VI, references to any substantial question of law as to the interpretation of this Constitution shall be construed as including references
- 148Comptroller and Auditor-General of India(1) There shall be a Comptroller and Auditor-General of India who shall be appointed by the President by warrant under his hand and seal and shall only be removed from office in li
- 149Duties and powers of the Comptroller and Auditor-GeneralThe Comptroller and Auditor-General shall perform such duties and exercise such powers in relation to the accounts of the Union and of the States and of any other authority or body
- 150Form of accounts of the Union and of the StatesThe 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.
- 151Audit reports(1) The reports of the Comptroller and Auditor-General of India relating to the accounts of the Union shall be submitted to the President, who shall cause them to be laid before ea