indian polity book series 46
Indian Constitution Articles (Continued)
Chapter - 3 - State Legislature - General Matters
- Constitution of State Legislatures.
- Abolition or creation of Legislative Councils.
- Composition of the State Legislative Assembly.
- Composition of the Legislative Council.
- Term of the State Legislative Assembly and Legislative Councils.
- Qualifications for membership of the State Legislature.
- Prorogation, adjournment, and dissolution of State Legislature sessions.
- Sending messages to the State Legislature by the Governor.
- Governor's Special Address to the State Legislature.
- Participation of Ministers and the Advocate General in State Legislature sessions.
Presiding Officers
- Speaker and Deputy Speaker.
- Removal and resignation of the Speakers.
- Occasions when the Deputy Speaker acts as the Speaker.
- When discussion on the removal of the Speaker or Deputy Speaker is ongoing, they should not preside.
- Chairman and Deputy Chairman of the Legislative Council.
- Removal of the Chairman and Deputy Chairman of the Legislative Council.
- The Deputy Chairman of the Legislative Council acting as the Chairman.
- When discussion on the removal of the Chairman or Deputy Chairman of the Legislative Council is ongoing, they should not preside.
- Salaries and allowances of the Speaker, Chairman, and others.
- Other employees and powers.
Conduct of Legislative Business
- Oath-taking by members.
- Voting procedure, quorum, and other matters.
- Vacancies in the State Legislatures.
- Loss of membership in the State Legislature (disqualifications).
- Final decision on disqualification of a member of the legislature, the Governor's role.
- Punishment if an ineligible member participates in House proceedings and exercises voting rights.
- Rights and powers of the Legislature, members, and committees.
- Salaries and allowances of members of the Legislature.
- Introduction and passing of Bills.
- Limitations on the powers of the Legislative Council regarding ordinary Bills.
- Money Bills cannot be introduced in the Legislative Council.
- Money Bills.
- Assent to Bills.
- President's Assent.
- Annual Financial Statement.
- Discussion and voting on the Financial Statement.
- Appropriation Bill.
- Additional Grants.
- Vote on Account, Special Grants.
- Certain special provisions relating to Financial Bills.
- Rules and regulations.
- Management of the House regarding Financial Bills.
- Language to be used in the Legislature.
- Conduct of Judges cannot be discussed in the Legislatures.
- Courts shall not inquire into the proceedings of the Legislature.
Chapter - 4 - Legislative Powers of the Governor
- Power to promulgate Ordinances.
Chapter - 5 - State High Courts
- State High Courts.
- High Court - Court of Record.
- Composition of the High Court.
- Appointment of Judges.
- Certain provisions relating to the constitution of the Supreme Court apply to the High Courts.
- Oath-taking.
- Prohibition on practicing law after retirement for Judges.
- Salaries, etc. of Judges.
- Transfer of Judges from one High Court to another.
- Appointment of an acting Chief Justice.
- Appointment of additional and acting Judges.
- 224A. Appointment of retired Judges as honorary Judges.
- Jurisdiction of the High Court.
- Power to issue writ orders.
- Supervisory power of the High Court over lower courts.
- Transfer of cases to the High Court.
- Appointment of officers and servants of the High Court.
- Extension of the jurisdiction of the High Court to Union Territories.
- Establishment of a common High Court for two or more States.
- 232. Removed by the 7th Constitutional Amendment.
Chapter - 6 - Subordinate Courts
- Appointment of District Judges.
- 233A Validation of judgments of irregularly appointed District Judges.
- Appointment of other judicial officers.
- Control over subordinate courts.
- Meaning of certain words.
- Application of the provisions of this chapter to Magistrates.
Part - 7 (Removed)
- This part related to Part-B states in the First Schedule and was removed by the 7th Amendment in 1956.
Part - 8 - Union Territories
- Administration of Union Territories.
- 239A. Legislative Assembly and Council of Ministers for the Union Territory of Puducherry.
- 239AA. Power to abolish special powers of Delhi.
- 239AB. Power to issue ordinances relating to Puducherry.
- Power to issue ordinances regarding certain Union Territories.
- High Court for Union Territories.
- Removed by the 7th Constitutional Amendment.
Part - 9 - Panchayat Raj System
- Definitions.
- 243A. Powers of the Gram Sabha.
- 243B. Establishment of Panchayats.
- 243C. Composition of Panchayats.
- 243D. Reservation of seats.
- 243E. Term of Panchayats.
- 243F. Disqualification for membership.
- 243G. Powers, rights, and responsibilities of Panchayats.
- 243H. Taxes and funds.
- 243I. Finance Commission to review the financial position of Panchayats.
- 243J. Auditing.
- 243K. Conduct of Panchayat elections, establishment of the State Election Commission.
- 243L. Application of this Part to Union Territories.
- 243M. Areas where this Part does not apply.
- 243N. Continuation of existing laws.
- 243O. Restrictions on the interference of courts.
Part - 9A - Municipalities
- 243P Definitions.
- 243Q Establishment of Municipalities.
- 243R Composition of Municipalities.
- 243S Establishment of Ward Committees.
- 243T Reservation of seats.
- 243U Term of Municipalities.
- 243V Disqualification for membership.
- 243W Powers, rights, and responsibilities of Municipalities.
- 243X Appointment of Finance Commission.
- 243Y Taxes - Funds.
- 243Z Auditing.
- 243ZA Conduct of elections to Municipalities, responsibility of the State Election Commission.
- 243ZB Application to Union Territories.
- 243ZC Exemption of certain areas from this Part.
- 243ZD District Planning Committee.
- 243ZE Metropolitan Planning Committee.
- 243ZF Continuation of existing laws.
- 243ZG Restriction on court interference in municipal elections.
Part - 9B - Cooperative Societies
- 243ZH The provisions regarding the definition of cooperative societies are mentioned.
- 243ZI Registration of cooperative societies.
- 243ZJ Board structure of cooperative societies.
- 243ZK Elections to the board of cooperative societies.
- 243ZL Dissolution of the board of cooperative societies.
- 243ZM Accounts and audits of cooperative societies.
- 243ZN General body meetings should be held at least once every six months.
- 243ZO Right of cooperative members to get information.
- 243ZP Annual reports.
- 243ZQ Penalties for misappropriation of funds and irregularities.
- 243ZR Matters relating to multi-state information societies.
- 243ZS This law does not apply to Union Territories.
- 243ZT Cooperative societies existing in the states before the implementation of this Act will be dissolved one year after the implementation of this Act.
Part - 10 - Scheduled and Tribal Areas
- Administration of Scheduled and Tribal Areas.
- 244A. Granting special state status to the tribal areas of Assam.
Part - 11 - Relations between the Union and the States
Chapter - 1 - Distribution of Legislative Powers
- Legislative powers of Parliament and State Legislatures.
- Subjects within the jurisdiction of Parliament and State Legislatures.
- Establishment of additional courts.
- Residuary powers lie with Parliament.
- Parliament can legislate on matters in the State List in the national interest.
- Parliament's plenary powers when Emergency is in effect.
- Disputes between laws made by Parliament under Articles 249 and 250 and laws made by State Legislatures.
- Parliament can legislate on matters in the State List at the request of State Governments.
- Parliament alone should make laws relating to the implementation of international agreements.
- Situations of conflict between State Government laws and Central Government laws.
- Even if prior permission of the President or Governor is not obtained, the law will be valid.
Chapter - 2 - Administrative Matters (Relations), General Matters
- Obligations of the Union and State Governments.
- Control of the Union Government over the States.
- 257A. Central assistance to States by sending armed forces. This was removed by the 44th Amendment.
- Delegation of Union powers to the States.
- 258A State Governments can delegate certain matters to the Center.
- Removed by the 7th Constitutional Amendment.
- Jurisdiction of the Central Government over territories outside India.
- Public Acts, Records, and Judicial Proceedings.
- Disputes over water.
- Settlement of inter-state river water disputes.
- Cooperation between states.
- Establishment of an Inter-State Council.
Part - 12 - Finance and Other Matters
Chapter - 1 - Financial Matters - General Principles
- Interpretation.
- No tax shall be levied without legislative sanction.
- Consolidated Fund and Public Accounts.
- Contingency Fund.
Distribution of Revenue between the Union and the States
- Duties levied by the Union but collected and appropriated by the States.
- 268A Service tax levied by the Central Government.
- Taxes levied and collected by the Central Government but assigned to the States.
- Taxes and duties levied and collected by the Union and distributed between the Union and the States.
- Surcharges on certain duties and taxes.
- Removed by the 80th Amendment.
- Grants-in-aid in lieu of export duty on jute products.
- Grants or assistance from the Center to certain States.
- Tax on profession, trade, and employment by the State Government.
- Savings.
- Removed by the 7th Constitutional Amendment.
- Definition of net proceeds.
- Appointment of Finance Commission.
- Recommendations of the Finance Commission should be submitted to Parliament.
- Special grants from the government for public utility works.
- Control over government funds.
- Control over money deposited in government treasury by other means.
- States shall not levy taxes on properties of the Central Government.
- Exemption of certain types of goods from State taxes on purchase and sale.
- Restriction on State taxation of Central Government electricity consumption.
- Exemption of Central Government from water and electricity taxes.
- Restrictions on the imposition of taxes by the states on assets and income of the states.
- Adjustments relating to pensions and other payments.
- Payments to certain Devaswom Funds.
- Abolition of privy purses by the 26th Constitutional Amendment.
Chapter - 1 - Borrowing
- Borrowing by the Central Government.
- Borrowing by the State Governments.
Chapter - 3 - Assets, Contracts, Rights, Liabilities, Obligations, and Suits
- Inheriting assets, contracts, rights, etc. from the British rulers.
- Inheriting other types of assets, rights, liabilities, and obligations.
- Succession to property, assets, rights, liabilities and obligations in certain cases.
- Property accruing by escheat or lapse or as bona vacantia.
- Role of the Central and State Governments in trade and commerce.
- Contracts.
- Legal proceedings (suits, proceedings).
Chapter - 4 - Right to Property
- 300A. Right to property recognized as a constitutional right.
Part - 13 - Inter-State Trade and Commerce
- Free trade.
- Parliament may impose restrictions on free trade.
- Restrictions on the powers of legislatures regarding regulation of free trade.
- Restrictions on inter-state trade by State Governments.
- Monopolies of States on trade and commerce.
- Abolished.
- Appointment of Free Trade Supervisory Board.
Part - 14 - Union and State Civil Services
Chapter - 1 - Employment
- Interpretation.
- Recruitment of Central and State Government employees.
- Term of office of civil servants.
- Dismissal of civil servants from service, etc.
- All India Services.
- 312A. Amendment of service conditions of certain employees.
- Continuation of old service conditions.
- Certain service rules that existed prior to the 28th Amendment were repealed.
Chapter - 2 - Public Service Commissions
- Central and State Public Service Commissions.
- Appointment of members of the Service Commission.
- Removal and suspension of Commission members.
- Number of members of the Commission and service conditions.
- Restrictions and limitations on Commission members holding other jobs after retirement.
- Functions of Public Service Commissions.
- Extension of functions of Public Service Commissions.
- Expenditure of Public Service Commissions.
- Reports of Public Service Commissions.
Part - 14A - Tribunals
- 323A Administrative tribunals.
- 323B Other tribunals.
Part - 15 - Elections
- Powers of the Election Commission.
- One voters list for all.
- Adult suffrage.
- Parliament's powers regarding elections to legislatures.
- Powers of State Legislatures regarding elections.
- Restrictions on judicial intervention.
- 329A This article, which stated that the elections of the Prime Minister and the Speaker of the Lok Sabha could not be questioned in any court, was repealed by the 44th Constitutional Amendment.
Part - 16 - Special Provisions for Certain Classes
- Reservation for Scheduled Castes and Tribes in the Lok Sabha.
- Reservation for Anglo-Indians in the Lok Sabha.
- Reservation for Scheduled Tribes and Castes in State Legislative Assemblies.
- Reservation of seats for Anglo-Indians in State Assemblies.
- 334 Abolition of reservations after 70 years.
- Reservation in jobs.
- Reservation for Anglo-Indians in government jobs.
- Grants for the welfare of Anglo-Indians.
- National Commission for Scheduled Castes and Tribes.
- 338A. Special Commission for Scheduled Tribes.
- Control of the Central Government over the administration of Scheduled Areas and the welfare of Scheduled Tribes.
- Commission to study the conditions of backward classes.
- Scheduled Castes.
- Scheduled Tribes.
Part - 17 - Official Language
Chapter - 1 - Official Language at the Center
- Official language of the Central Government.
- Appointment of Parliamentary Commission and Committee on Official Language.
Chapter - 2 - Regional Languages
- Official language or languages of States.
- Correspondence between different States and between the Center and State Governments.
- Special recognition for minority languages in the states.
Chapter - 3 - Language of the Supreme Court, High Courts, and Legislatures
- Language to be used in the Supreme Court, High Courts, and Legislatures.
- Laws relating to the language of use cannot be changed without the permission of the President.
Chapter - 4 - Special Directives
- Petitions and complaints can be sent in any language.
- 350A. Instruction in mother tongue at the primary level for linguistic minorities.
- 350B. Appointment of a Special Officer for Linguistic Minorities.
- Suggestions for the development of the Hindi language.
Part - 18 - Emergency Provisions
- Proclamation of Emergency.
- Effect of Emergency.
- Impact of Emergency on revenue distribution to States.
- Responsibility of the Center to protect the States.
- Central Government's powers in dissolving State Governments (President's rule in States).
- Parliament is the legislature of that state when President's rule is in force.
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