COI_json.json

{"version": "v1.1", "data": [{"title": "Article 25 Freedom of conscience and free profession, practice and propagation of religion..txt", "paragraphs": [{"context": "Article 25 Freedom of conscience and free profession, practice and propagation of religion.(1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law\u2014(a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;(b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.Explanation I.\u2014The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.Explanation II.\u2014In sub-clause (b) of clause (2), the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.Debate SummaryArticle 19, Draft Constitution of India, 1950(1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.Explanation. - The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.(2) Nothing in this article shall affect the operation of any existing law or preclude the State from making any law-(a) Regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;(b) For social welfare and reform or for throwing open Hindu religious institutions of a public character to any class or section of Hindus.Draft Article 19 was introduced and debated in the Constituent Assembly on the 3rd and 6th of December 1948. It is the core and gateways provision of the right to religious freedom section of the Constitution.The mention of freedom to propagate religion triggered some conflict in the Assembly. Some members were concerned that it could facilitate conversions \u2013 forced andvoluntary. Others argued that the propagation of religion did not mean forced or violent conversions. Further, it was notedthatthe free propagation of religion couldlead to different religious communities learning about each other\u2019s religions, thereby promoting understanding and peace.An important strand of the debate centred around the sub-clause which threw open Hindu religious institutions to any class or section of Hindus. A member wanted the scope of the Article to extend beyond Hindus to Buddhists, Jains and Christians. Another member proposed that \u2018any class or section\u2026\u2019 be replaced \u2018all classes\u2026\u2019 to include a larger range of religious institutions.The Assembly adopted the Article with some amendments.(In 1949, the Assembly passed an amendment that brought Buddhists, Jains and Sikhs)", "qas": []}]}, {"title": "Article 6 Rights of citizenship of certain persons who have migrated to India from Pakistan.txt", "paragraphs": [{"context": "Article 6 Rights of citizenship of certain persons who have migrated to India from PakistanNotwithstanding anything in article 5, a person who has migrated to the territory of India from the territory now included in Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution if \u2014   (a) he or either of his parents or any of his grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and    (b) (i) in the case where such person has so migrated before the nineteenth day of July, 1948, he has been ordinarily resident in the territory of India since the date of his migration, or          (ii) in the case where such person has so migrated on or after the nineteenth day of July, 1948, he has been registered as a citizen of India by an officer appointed in that behalf by the Government   ofthe Dominion of India on an application made by him therefor to such officer before the commencement of this Constitution in the form and manner prescribed by that Government:Provided that no person shall be so registered unless he has been resident in the territory of India for at least six months immediately preceding the date of his application.Debate SummaryArticle 6 of the Constitution of India (Article 5A of the Draft Constitution) lays down principles of citizenship with regards to persons who migrated from Pakistan to India during partition.This article was debated on10thAugust 1949,11thAugust 1949and12thAugust 1949.The two crucial strands of this debate were to make the intent explicit and to include strong requirements of evidence to acquire citizenship.Some members proposed to add \u2018on account of Civil disturbance or the fear of such disturbances\u2019 in the first clause. It was argued that the inclusion of this phrase would articulate and make explicit the real intention behind this provision which was to facilitate migration from Pakistan in the wake of civil disturbance or fear of it.Another member wanted make it compulsory to provide evidence to prove right by descent and intention to permanently reside in India. He argued that Indian citizenship must be regarded as a matter of great privilege and a cheap or easy affair.The members of the Drafting Committee reminded the Assembly that this Article sought to settle basic principles of citizenship and did not aim to establish a \u2018code of nationality law\u2019. One member went on to say that compared to the Indian constitution, no other constitution even made an attempt to comprehensively deal with various aspects of nationality law.Towards the end of the debate, some members voluntarily withdrew their amendments, while other amendmentswhich were put to vote were not accepted.The Constituent AssemblyadoptedDraft Article 5A as introduced by the Drafting Committee on12thAugust 1949.", "qas": []}]}, {"title": "Article 188 Oath or affirmation by members..txt", "paragraphs": [{"context": "Article 188 Oath or affirmation by members.Every member of the Legislative Assembly or the Legislative Council of a State shall, before taking his seat, make and subscribe before the Governor, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.", "qas": []}]}, {"title": "Article 85 Sessions of Parliament, prorogation and dissolution..txt", "paragraphs": [{"context": "Article 85 Sessions 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 sitting in one session and the date appointed for its first sitting in the next session.(2) The President may from time to time \u2014(a) prorogue the Houses or either House;(b) dissolve the House of the People.Debate SummaryArticle 69, Draft Constitution 1948(1) The Houses of Parliament shall be summoned to meet twice at least in every year, and six months shall not intervene between their last sitting in one session and the date appointed for their first sitting in the next session.(2) Subject to the provisions of this article, the President may from time to time-(a) Summon the Houses or either House of Parliament to meet at such time and place as he thinks fit;(b) Prorogue the Houses;(c) Dissolve the House of the People.Draft Article 69 (Article 85, Constitution of India, 1950) was debated on 18 May 1949. It regulated the sessions of the Parliaments, its prorogation and dissolution.A member proposed an amendment to replace \u2018six months\u2019 to \u2018three months\u2019 in clause 1. This would ensure that the Parliament met more often and spend more time on its business. He further sought to add a proviso to clause 1 to treat the Parliament\u2019s annual session as \u2018as a continuous single annual session\u2019. Another member moved an amendment to replace \u2018twice\u2019 to \u2018thrice\u2019 in clause 1. He accused the Drafting Committee of mindlessly copying this provision from the Government of India Act, 1935, without taking into account the nature of new, independent India\u2019s polity. In support of this amendment, a member highlighted how during the budget session of the Parliament, other legislative matters were sidestepped. Having compulsory three sessions would allow the Parliament to attend to more legislative work. The Chairman of the Drafting Committee noted that the Draft Article did not prohibit the Parliament from meeting frequently. This provision merely ensured minimum parliamentary sittings. He believed that the Parliamentwould meet so often that the members would \u2018probably themselves get tired of the sessions\u2019. Moreover, the Parliament was not only responsible for ensuring \u2018good administration\u2019 but also to be responsible to the people and give effect to the majority government\u2019s party mandate.There was a proposal to allow either the Speaker of the House of the People or the Chairman of the Council of States to summon his/her respective houses in case the President failed to do so in three months. Coming from a place of suspicion in the President\u2019s role, he argued that the Constitution must be prepared for all future contingencies. This amendment would ensure that the business of the Parliament could be carried as usual. The Chairman of the Drafting Committee did not believe that a President would disobey a constitutionally laid down obligation. Indeed, if he/she refused to convene the meeting then this would be a sufficient ground to impeach him/her.The Assembly did not accept these proposals. It adopted the Draft Article on 18 May 1949.", "qas": []}]}, {"title": "Article 243U Duration of Municipalities, etc..txt", "paragraphs": [{"context": "Article 243U Duration of Municipalities, etc.(1) Every Municipality, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer: Provided that a Municipality shall be given a reasonable opportunity of being heard before its dissolution.(2) No amendment of any law for the time being in force shall have the effect of causing dissolution of a Municipality at any level, which is functioning immediately before such amendment, till the expiration of its duration specified in clause (1).(3) An election to constitute a Municipality shall be completed, \u2014(a) before the expiry of its duration specified in clause (1);(b) before the expiration of a period of six months from the date of its dissolution: Provided that where the remainder of the period for which the dissolved Municipality would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Municipality for such period.(4) A Municipality constituted upon the dissolution of a Municipality before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Municipality would have continued under clause (1) had it not been so dissolved.", "qas": []}]}, {"title": "Article 243D Reservation of seats..txt", "paragraphs": [{"context": "Article 243D Reservation of seats.(1) Seats shall be reserved for \u2014(a) the Scheduled Castes; and(b) the Scheduled Tribes,in every Panchayat and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Panchayat as the population of the Scheduled Castes in that Panchayat area or of the Scheduled Tribes in that Panchayat area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Panchayat.(2) Not less than one-third of the total number of seats reserved under clause (1) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.(3) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number ofseats to be filled by direct election in every Panchayat shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Panchayat.(4) The offices of the Chairpersons in the Panchayats at the village or any other level shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the Legislature of a State may, by law, provide: Provided that the number of offices of Chairpersons reserved for the Scheduled Castes and the Scheduled Tribes in the Panchayats at each level in any State shall bear, as nearly as may be, the same proportion to the total number of such offices in the Panchayats at each level as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total population of the State: Provided further that not less than one-third of the total number of offices of Chairpersons in the Panchayats at each level shall be reserved for women: Provided also that the number of offices reserved under this clause shall be allotted by rotation to different Panchayats at each level.(5) The reservation of seats under clauses (1) and (2) and the reservation of offices of Chairpersons (other than the reservation for women) under clause (4) shall cease to have effect on the expiration of the period specified in article 334.(6) Nothing in this Part shall prevent the Legislature of a State from making any provision for reservation of seats in any Panchayat or offices of Chairpersons in the Panchayats at any level in favour of backward class of citizens.", "qas": []}]}, {"title": "Article 196 Provisions as to introduction and passing of Bills..txt", "paragraphs": [{"context": "Article 196 Provisions as to introduction and passing of Bills.(1) Subject to the provisions of articles 198 and 207 with respect to Money Bills and other financial Bills, a Bill may originate in either House of the Legislature of a State which has a Legislative Council.(2) Subject to the provisions of articles 197 and 198, a Bill shall not be deemed to have been passed by the Houses of the Legislature of a State having a Legislative Council unless it has been agreed to by both Houses, either without amendment or with such amendments only as are agreed to by both Houses.(3) A Bill pending in the Legislature of a State shall not lapse by reason of the prorogation of the House or Houses thereof.(4) A Bill pending in the Legislative Council of a State which has not been passed by the Legislative Assembly shall not lapse on a dissolution of the Assembly.(5) A Bill which is pending in the Legislative Assembly of a State, or which having been passed by the Legislative Assembly is pending in the Legislative Council, shall lapse on a dissolution of the Assembly.", "qas": []}]}, {"title": "Article 62  Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy..txt", "paragraphs": [{"context": "Article 62  Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy.(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 vacancy in the office of President occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after, and in no case later than six months from, the date of occurrence of the vacancy; and the person elected to fill the vacancy shall, subject to the provisions of article 56, be entitled to hold office for the full term of five years from the date on which he enters upon his office.Debate SummaryArticle 51, Draft Constitution of India 1948(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 vacancy in the office of President occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after, and in no case later than six months from, the date of occurrence of the vacancy; and the person elected to fill the vacancy shall be entitled to hold office for the full term of five years as provided in article 45 of this Constitution.Draft Article 51 ( Article 62, Constitution of India 1950) was debated in Constituent Assembly on 28 December 1948. It lays down the procedure and conditions through which a vacancy in the office of President is filled. There were only two objections to the Article. The first was related to the second part of Clause 2 that set out the newly elected President\u2019s term: a newly elected President would serve a term of 5 years irrespective of how long the old president served in office. This would lead to the parliament\u2019s and the President\u2019s terms to not run in parallel. This bothered a member who felt that the two terms must run in parallel to avoid the President influencing elections to the Parliament. Another member said that the Draft Article made inadequate arrangements for the interim period that lay between the removal/death/resignation of a President and the installation of a new President. The Chairman of the Drafting Committee responded to these concerns. He first argued that there was no reason why a newly elected President must serve a term less than five years. Second, he said that the interim period between the old and the new President was taken care of by Draft Article 54.The Draft Article was adopted without amendment. ", "qas": []}]}, {"title": "Article 144 Civil and judicial authorities to act in aid of the Supreme Court..txt", "paragraphs": [{"context": "Article 144 Civil and judicial authorities to act in aid of the Supreme Court.All authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court.Debate SummaryArticle 120, Draft Constitution, 1948All authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court.Draft Article 120 (Article 144) was debated in the Constituent Assembly on 27th May 1949. It stipulated that all civil authorities must act in aid of the Supreme Court.The Draft Article was accepted without debate and adopted by the Assembly on 27th May 1949.", "qas": []}]}, {"title": "Part E Provisions As To The Comptroller And Auditor-General Of India.txt", "paragraphs": [{"context": "Part E Provisions As To The Comptroller And Auditor-General Of India12.   (1) There shall be paid to the Comptroller and Auditor-General of India a salary at the rate of four thousand rupees per mensem.(2) The person who was holding office immediately before the commencement of this Constitution as Auditor-General of India and has become on such commencement the Comptroller and Auditor-General of India under artcle 377 shall in addition to the salary specified in subparagraph (1) of this paragraph be entitled to receive as special pay an amount equivalent to the difference between the salary so specified and the salary which he was drawing as Auditor-General of India immediately before such commencement.(3) The rights in respect of leave of absence and pension and the other conditions of service of the Comptroller and Auditor-General of India shall be governed or shall continue to be governed, as the case may be, by the provisions which were applicable to the Auditor-General of India immediately before the commencement of this Constitution and all references in those provisions to the Governor-General shall be construed as references to the President.", "qas": []}]}, {"title": "Article 147 Interpretation..txt", "paragraphs": [{"context": "Article 147 Interpretation.In 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 to any substantial question of law as to the interpretation of the Government of India Act, 1935 (including any enactment amending or supplementing that Act), or of any Order in Council or order made thereunder, or of the Indian Independence Act, 1947, or of any order made thereunder.Debate SummaryDraft Article 122A (Article 147) was not included in the Draft Constitution of India, 1948. A member moved the following amendment:\u2018122-A. Interpretation. In this Chapter, references to any substantial question of law to the interpretation of this Constitution shall be construed as including references to any substantial question of law as to the interpretation of the Government of India Act, 1935, or of any Order in Council or order made thereunder or of the Indian Independence Act, 1947, or of any order made thereunder.'Draft Article 122A was debated on 6th June 1949 and 16th October 1949. It stipulated that references to substantial questions of law involving 'the interpretation of this Constitution\u2019 should be construed to include cases involving the interpretationof the Government of India Act, 1935and theIndian Independence Act, 1947.The proposing member argued if thescope of the expression \u2018as to the interpretation of this Constitution\u2019 was not expanded, pending cases which involved the interpretation of the 1935 and 1947 Acts could no longer be heard on appeal. Theexisting law allowed cases being heard in the Privy Council to be automatically transferred to the Supreme Court once the Constitution came into force. However, pending cases in the High Courts involving similar issues could only be heard on appeal by the Federal Court, which would cease to exist after the Constitution came into force. This amendment received the support of the Chairman of the Drafting Committee.One member argued that the 1935 and 1947 Acts would lapse on the date that the Constitution came into force, and that it was improper to force the courts to interpret dead constitutions. A member of the Drafting Committee responded that the proposed Draft Article would not impact the validity of the new Constitution. Citing instances where the legality of deeds executed by the Mughal courts arose years after lapsing, he argued that such a provision protected the interests of persons involved in disputes arising under the old constitutions.Draft Article 122A was accepted by the Assembly and adopted on 6th June 1949.Subsequently, the Draft Article was amended to apply to cases being referred for appeal to the High Courts. This amendment was adopted on 16th October 1949.", "qas": []}]}, {"title": "Article 357 Exercise of legislative powers under Proclamation issued under article 356..txt", "paragraphs": [{"context": "Article 357 Exercise of legislative powers under Proclamation issued under article 356.(1) Where by a Proclamation issued under clause (1) of article 356, it has been declared that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament, it shall be competent \u2014(a) for Parliament to confer on the President the power of the Legislature of the State to make laws, and to authorise the President to delegate, subject to such conditions as he may think fit to impose, the power so conferred to any other authority to be specified by him in that behalf;(b) for Parliament, or for the President or other authority in whom such power to make laws is vested under sub-clause (a), to make laws conferring powers and imposing duties, or authorising the conferring of powers and the imposition of duties, upon the Union or officers and authorities thereof;(c) for the President to authorise when the House of the People is not in session expenditure from the Consolidated Fund of the State pending the sanction of such expenditure by Parliament.(2) Any law made in exercise of the power of the Legislature of the State by Parliament or the President or other authority referred to in sub-clause (a) of clause (1)which Parliament or the President or such other authority would not, but for the issue of a Proclamation under article 356, have been competent to make shall, after the Proclamation has ceased to operate, continue in force until altered or repealed or amended by a competent Legislature or other authority.", "qas": []}]}, {"title": "Article 287 Exemption from taxes on electricity..txt", "paragraphs": [{"context": "Article 287 Exemption from taxes on electricity.Save in so far as Parliament may by law otherwise provide, no law of a State shall impose, or authorise the imposition of, a tax on the consumption or sale of electricity (whether produced by a Government or other persons) which is \u2014(a) consumed by the Government of India, or sold to the Government of India for consumption by that Government; or(b) consumed in the construction, maintenance or operation of any railway by the Government of India or a railway company operating that railway, or sold to that Government or any such railwaycompany for consumption in the construction, maintenance or operation of any railway,and any such law imposing, or authorising the imposition of, a tax on the sale of electricity shall secure that the price of electricity sold to the Government of India for consumption by that Government, or to any such railway company as aforesaid for consumption in the construction, maintenance or operation of any railway, shall be less by the amount of the tax than the price charged to other consumers of a substantial quantity of electricity.", "qas": []}]}, {"title": "Article 102 Disqualifications for membership..txt", "paragraphs": [{"context": "Article 102 Disqualifications for membership.(1) A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament \u2014(a) if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder;(b) if he is of unsound mind and stands so declared by a competent court;(c) if he is an undischarged insolvent;(d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgment of allegiance or adherence to a foreign State;(e) if he is so disqualified by or under any law made by Parliament.Explanation.\u2014 For the purposes of this clause] a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State by reason only that he is a Minister either for the Union or for such State.(2) A person shall be disqualified for being a member of either House of Parliament if he is so disqualified under the Tenth Schedule.Debate SummaryArticle 83, Draft Constitution 1948(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 India or the Government of any State other than an office declared by Parliament by law not to disqualify its holder;(b) If he is of unsound mind and stands so declared by a competent court;(c) If he is an un-discharged insolvent;(d) If he is under any acknowledgment of allegiance or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power; and(e) If he is so disqualified by or under any law made by Parliament.(2) For the purposes of this article a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State by reason only that-(a) He is a minister either for India or for any State for the time being specified in Part I of the First Schedule; or(b) He is a minister for any State for the time being specified in Part III of the First Schedule, if he is responsible to the Legislature of the State, or where there are two Houses of the Legislature of the State, to the Lower House of such Legislature and if not less than three-fourths of the members of such Legislature or House, as the case may be, are elected.Draft Article 83 was debated on 19 May 1949 and 13 October 1949. It laid down grounds for disqualification of the members of the Parliament.A member moved an amendment to delete sub-clause (e) of clause 1. He argued that this Draft Article laid down comprehensive grounds of disqualification of the members of parliament, empowering the future parliaments to expand on these grounds would be \u2018dangerous\u2019. Political parties might use this to disqualify their opponents. Another member echoed a similar view \u2013 he strongly urged for not giving the future Parliaments power to add to the list of disqualifications. Further, he proposed a set of additional grounds that included conviction based on offences relating elections, moral turpitude. In rebuttal to this, a member believed that the future legislature would not abuse its lawmaking power under this provision. He argued that a legitimate Parliament which represented the will of the people should have the liberty to legislateon this matter.A member was concerned with the phrasing of sub-clause (b) of clause 1 and favoured deletion of \u2018declared by a competent court\u2019. He noted that less than ten per cent of persons institutionalised for unsound mind had a declaration from a court. Only people with property and financial backing would be in a position to obtain a court decree.None of these proposals was successful. The Constituent Assembly accepted the Draft Article 19 May 1949 and adopted a minor amendment on 13 October 1949.", "qas": []}]}, {"title": "Article 76 Attorney-General for India..txt", "paragraphs": [{"context": "Article 76 Attorney-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 Attorney-General to give advice to the Government of India upon such legalmatters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force.(3) In the performance of his duties the AttorneyGeneral shall have right of audience in all courts in the territory of India.(4) The Attorney-General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine.Debate SummaryDraft Article 63(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 Attorney-General to give advice to the Government of India upon such legal matters and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force.(3) In the performance of his duties the Attorney-General shall have right of audience in all courts in the territory of India.(4) The Attorney-General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine.Draft Article 63 (Article 76 of the Constitution of India, 1950) was debated on 7th January 1949. This article regulatedthe office of Attorney-General for India.A member moved an amendment which would require the Attorney-General to resign upon the resignation of the Prime Minister. He argued that the Constitution mandated the Advocate-General in the states to resign upon the Chief Minister\u2019s resignation. Hence, a similar provision needed to be made for the Attorney-General. Heargued that theAttorney-General and the Advocate-General must have the same footing in the Constitution. Moreover, England had a similar precedent.There was another proposal which would make the remuneration of the Attorney-General subject to the law made by the Parliament, instead of the President. This would ensure a consistent salary that would not be subject to the discretion of the President.The Assembly did not accept any of these proposals. It adopted the Draft Article without any amendments on 7th January 1949.", "qas": []}]}, {"title": "Article 285 Exemption of property of the Union from State taxation..txt", "paragraphs": [{"context": "Article 285 Exemption of property of the Union from State taxation.(1) The property of the Union shall, save in so far as Parliament may by law otherwise provide, be exempt from all taxes imposed by a State or by any authority within a State.(2) Nothing in clause (1) shall, until Parliament by law otherwise provides, prevent any authority within a State from levying any tax on any property of the Union to which such property was immediately before the commencement of this Constitution liable or treated as liable, so long as that tax continues to be levied in that State.", "qas": []}]}, {"title": "Article 319 Prohibition as to the holding of offices by members of Commission on ceasing to be such members..txt", "paragraphs": [{"context": "Article 319 Prohibition as to the holding of offices by members of Commission on ceasing to be such members.On ceasing to hold office \u2014(a) the Chairman of the Union Public Service Commission shall be ineligible for further employment either under the Government of India or under the Government of a State;(b) the Chairman of a State Public Service Commission shall be eligible for appointment as the Chairman or any other member of the Union Public Service Commission or as the Chairman of any other State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State;(c) a member other than the Chairman of the Union Public Service Commission shall be eligible for appointment as the Chairman of the Union Public Service Commission, or as the Chairman of a State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State;(d) a member other than the Chairman of a State Public Service Commission shall be eligible for appointment as the Chairman or any other memberof the Union Public Service Commission or as the Chairman of that or any other State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State.", "qas": []}]}, {"title": "List III Concurrent List .txt", "paragraphs": [{"context": "List III Concurrent List 1. Criminal law, including all matters included in the Indian Penal Code at the commencement of this Constitution but excluding offences against laws with respect to any of the matters specified in List I or List II and excluding the use of naval, military or air forces or any other armed forces of the Union in aid of the civil power.2. Criminal procedure, including all matters included in the Code of Criminal Procedure at the commencement of this Constitution.3. Preventive detention for reasons connected with the security of a State, the maintenance of public order, or the maintenance of supplies and services essential to the community; persons subjected to such detention.4. Removal from one State to another State of prisoners, accused persons and persons subjected to preventive detention for reasons specified in entry 3 of this List.5. Marriage and divorce; infants and minors; adoption; wills, intestacy and succession; joint family and partition; all matters in respect of which parties in judicial proceedings were immediately before the commencement of this Constitution subject to their personal law.6. Transfer of property other than agricultural land; registration of deeds and documents.7. Contracts, including partnership, agency, contracts of carriage, and other special forms of contracts, but not including contracts relating to agricultural land.8. Actionable wrongs.9. Bankruptcy and insolvency.10. Trust and Trustees.11. Administrators\u2014general and official trustees.11A. Administration of justice; constitution and organisation of all courts, except the Supreme Court and the High Courts.12. Evidence and oaths; recognition of laws, public acts and records, and judicial proceedings.13. Civil procedure, including all matters included in the Code of Civil Procedure at the commencement of this Constitution, limitation and arbitration.14. Contempt of court, but not including contempt of the Supreme Court.15. Vagrancy; nomadic and migratory tribes.16. Lunacy and mental deficiency, including places for the reception or treatment of lunatics and mental deficients.17. Prevention of cruelty to animals.17A. Forests.17B. Protection of wild animals and birds.18. Adulteration of foodstuffs and other goods.19. Drugs and poisons, subject to the provisions of entry 59 of List I with respect to opium.20. Economic and social planning.20A. Population control and family planning.21. Commercial and industrial monopolies, combines and trusts.22. Trade unions; industrial and labour disputes.23. Social security and social insurance; employment and unemployment.24. Welfare of labour including conditions of work, provident funds, employers\u2019 liability, workmen\u2019s compensation, invalidity and old age pensions and maternity benefits.25. Education, including technical education, medical education and universities, subject to the provisions of entries 63, 64, 65 and 66 of List I; vocational and technical training of labour.26. Legal, medical and other professions.27. Relief and rehabilitation of persons displaced from their original place of residence by reason of the setting up of the Dominions of India and Pakistan.28. Charities and charitable institutions, charitable and religious endowments and religious institutions.29. Prevention of the extension from one State to another of infectious or contagious diseases or pests affecting men, animals or plants.30. Vital statistics including registration of births and deaths.31. Ports other than those declared by or under law made by Parliament or existing law to be major ports.32. Shipping and navigation on inland waterways as regards mechanically propelled vessles, and the rule of the road on such waterways, and the carriage of passengers and goods on inland waterways subject to the provisions of List I with respect to national waterways.33. Trade and commerce in, and the production, supply and distribution of,\u2014 (a) the products of any industry where the control of such industry by the Union is declared by Parliament by law to be expedient in the public interest, and imported goods of the same kind as such products;(b) foodstuffs, including edible oilseeds and oils;(c) cattle fodder, including oilcakes and other concentrates;(d) raw cotton, whether ginned or unginned, and cotton seed; and(e) raw jute.33A. Weights and measures except establishment of standards.34. Price control.35. Mechanically propelled vehicles including the principles on which taxes on such vehicles are to be levied.36. Factories.37. Boilers.38. Electricity.39. Newspapers, books and printing presses.40. Archaeological sites and remains other than those declared by or under law made by Parliament] to be of national importance.41. Custody, management and disposal of property (including agricultural land) declared by law to be evacuee property.42. Acquisition and requisitioning of property.43. Recovery in a State of claims in respect of taxes and other public demands, including arrears of land-revenue and sums recoverable as such arrears, arising outside that State.44. Stamp duties other than duties or fees collected by means of judicial stamps, but not including rates of stamp duty.45. Inquiries and statistics for the purposes of any of the matters specified in List II or List III.46. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this List.47. Fees in respect of any of the matters in this List, but not including feestaken in any court.", "qas": []}]}, {"title": "Article 243 Definitions..txt", "paragraphs": [{"context": "Article 243 Definitions.In this Part, unless the context otherwise requires, \u2014(a) \u201cdistrict\u201d means a district in a State;(b) \u201cGram Sabha\u201d means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of Panchayat at the village level;(c) \u201cintermediate level\u201d means a level between the village and district levels specified by the Governor of a State by public notification to be the intermediate level for the purposes of this Part;(d) \u201cPanchayat\u201d means an institution (by whatever name called) of self-government constituted under article 243B, for the rural areas;(e) \u201cPanchayat area\u201d means the territorial area of a Panchayat; (f) \u201cpopulation\u201d means the population as ascertained at the last preceding census of which the relevant figures have been published;(g) \u201cvillage\u201d means a village specified by the Governor by public notification to be a village for the purposes of this Part and includes a group of villages so specified.", "qas": []}]}, {"title": "Article 284 Custody of suitors\u2019 deposits and other moneys received by public servants and courts..txt", "paragraphs": [{"context": "Article 284 Custody of suitors\u2019 deposits and other moneys received by public servants and courts.All moneys received by or deposited with \u2014(a) any officer employed in connection with the affairs of the Union or of a State in his capacity as such, other than revenues or public moneys raised or received by the Government of India or the Government of the State, as the case may be, or(b) any court within the territory of India to the credit of any cause, matter, account or persons, shall be paid into the public account of India or the public account of State, as the case may be.", "qas": []}]}, {"title": "Article 324 Superintendence, direction and control of elections to be vested in an Election Commission..txt", "paragraphs": [{"context": "Article 324 Superintendence, direction and control of elections to be vested in an Election Commission.(1) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President held under this Constitution shall be vested in a Commission (referred to in this Constitution as the Election Commission).(2) The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President.(3) When any other Election Commissioner is so appointed the Chief Election Commissioner shall act as the Chairman of the Election Commission.(4) Before each general election to the House of the People and to the Legislative Assembly of each State, and before the first general election and thereafter before each biennial election to the Legislative Council of each State having such Council, the President may also appoint after consultation with the Election Commission such Regional Commissioners as he may consider necessary to assist the Election Commission in the performance of the functions conferred on the Commission by clause (1).(5) Subject to the provisions of any law made by Parliament, the conditions of service and tenure of office of the Election Commissioners and the Regional Commissioners shall be such as the President may by rule determine: Provided that the Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court and the conditions of service of the Chief Election Commissioner shall not be varied to his disadvantage after his appointment: Provided further that any other Election Commissioner or a Regional Commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner.(6) The President, or the Governor of a State, shall, when so requested by the Election Commission, make available to the Election Commission or to a Regional Commissioner such staff as may be necessary for the discharge of the functions conferred on the Election Commission by clause (1).Debate SummaryDraft Constitution of India, 1948289. (1) The superintendence, direction and control of all elections to Parliament and of elections to the offices of President and Vice-President held under this Constitution, including the appointment of election tribunals for the decision of doubts and disputes arising out of or in connection with the elections to Parliament, shall be vested in a Commission to be appointed by the President.(2) The superintendence, direction and control of all elections to the Legislature of a State for the time being specified in Part I of the First Schedule and of elections to the office of Governor of the State elections to constitute a panel for the purpose of the appointment of a Governor of the State held under this Constitution including the appointment of election tribunals for the decision of doubts and disputes arising out of or in connection with elections to the Legislature of such State shall be vested in a Commission to be appointed by the Governor of the State.Amendment Moved By the Drafting Committee, June 1949\"That for article 289, the following article be substituted :-289. (1) The superintendence, direction and control of the preparation of the electoral rolls for, and the Superintendence, directions and control of elections to be vested in an election commission. conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President held under this Constitution, including the appointment of election tribunals for the decision of doubts and disputes arising out of or in connection with elections to Parliament and to the Legislatures of States shall be vested in a Commission (referred to in his Constitution as the election Commission) to be appointed by the President.(2) The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may, from time to time appoint, and when any other Election Commissioner is so appointed, the Chief Election Commissioner shall act as the Chairman of the Commission.(3) Before each general election to the House of the People and to the Legislative Assembly of each State and before the first general election and thereafter before each biennial election to the Legislative Council of each State having such Council, the President shall also appoint after consultation with the Election Commission such Regional Commissioners as he may consider necessary to assist the Election Commission in the performance of the functions conferred on it by clause (1) of this article.(4) The conditions of service and tenure of office of the Election Commissioners and the Regional Commissioners shall be such as the President may by rule determine:Provided that the Chief Election Commissioner shall not be removed from the office except in like manner and on the like grounds as a judge of the Supreme Court and the conditions of the service of the Chief Election Commissioner shall not be varied to his disadvantage after his appointment:Provided further that any other Election Commissioner or a Regional Commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner.(5) The President or the Governor or Ruler of a State shall, when so requested by the Election Commission, make available to the Election Commission or to a Regional Commissioner such staff as may be necessary for the discharge of the functions conferred on the Election Commission by clause (1) of this article.\"Draft Article 289 was discussed on 15 and 16 June 1949 in the Constituent Assembly. Before the Assembly took up the Draft Article, the Drafting Committee moved an amendment that pegged the Assembly\u2019s discussions. The core conflict that emerged around the amendment was placing of State Legislature elections under the purview of the Central Commission. This was a radical departure from the Draft Article 289 that put State Legislature elections under a State Commission appointed by the State Governor. The reason for the change, the Chairman of the Drafting Committee argued, was that there were reports that non-native citizens of a State were being discriminated against by State government agencies and this could have a detrimental effect on the independence and impartiality of the State Commission. This argument was not taken well by some members of the Assembly who felt that the centralisation of election machinery was not an answer to undemocratic practices and the discrimination of minorities in a State. They felt that the Draft Article further diluted the federal idea. The federalism argument was countered by other members who did not see the Draft Article impinging on federalism as governments, state or central, have nothing to do with elections at all. On the role of the President of India, the Assembly felt that the Drafting Committee\u2019s amendment placed the President at a powerful position with regards to elections and in order to counter the possibility of the Central government influencing the President, it was decided that certain aspects of the Draft Article would be made subject to law made by parliament. The Assembly adopted the Draft Article incorporating amendments, including the one moved by the Drafting Committee. ", "qas": []}]}, {"title": "Article 350B Special Officer for linguistic minorities..txt", "paragraphs": [{"context": "Article 350B Special Officer for linguistic minorities.(1) There shall be a Special Officer for linguistic minorities to be appointed by the President.(2) It shall be the duty of the Special Officer to investigate all matters relating to the safeguards provided for linguistic minorities under this Constitution and report to the President upon those matters at such intervals as the President may direct, and the President shall cause all such reports to be laid before each House of Parliament, and sent to the Governments of the States concerned.", "qas": []}]}, {"title": "Article 33 Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc..txt", "paragraphs": [{"context": "Article 33 Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.Parliament may, by law, determine to what extent any of the rights conferred by this Part shall, in their application to,\u2014(a) the members of the Armed Forces; or(b) the members of the Forces charged with the maintenance of public order; or(c) persons employed in any bureau or other organisation established by the State for purposes of intelligence or counter intelligence; or(d) person employed in, or in connection with, the telecommunication systems set up for the purposes of any Force, bureau or organisation referred to in clauses (a) to (c),be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them.Debate SummaryArticle 33 (Draft Article 26) empowers the Parliament to make laws that would restrict the application of fundamental rights to a specific category of people including members of the Indian Army and intelligence organisations.There was no substantive debate around this article. The Chairman of the Drafting Committee moved a minor amendment to the language of the Article. The Assembly adopted this article without amendments on 9 December 1948.", "qas": []}]}, {"title": "Article 250 Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation..txt", "paragraphs": [{"context": "Article 250 Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation.(1) Notwithstanding anything in this Chapter, Parliament shall, while a Proclamation of Emergency is in operation, have power to make laws for the whole or any part of the territory of India with respect to any of the matters enumerated in the State List.(2) A law made by Parliament which Parliament would not but for the issue of a Proclamation of Emergency have been competent to make shall, to the extent of the incompetency, cease to have effect on the expiration of a period of six months after the Proclamation has ceased to operate, except as respects things done or omitted to be done before the expiration of the said period.", "qas": []}]}, {"title": "Article 164 Other provisions as to Ministers.txt", "paragraphs": [{"context": "Article 164 Other provisions as to Ministers(1) The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor: Provided that in the States of 1 [Chhattisgarh, Jharkhand], Madhya Pradesh and Orissa, there shall be a Minister in charge of tribal welfare who may in addition be in charge of the welfare of the Scheduled Castes and backward classes or any other work.(1A) The total number of Ministers, including the Chief Minister, in the Council of Ministers in a State shall not exceed fifteen per cent. of the total number of members of the Legislative Assembly of that State: Provided that the number of Ministers, including the Chief Minister in a State shall not be less than twelve: Provided further that where the total number of Ministers including the Chief Minister in the Council of Ministers in any State at the commencement of the Constitution (Ninety-first Amendment) Act, 2003 exceeds the said fifteen per cent. or the number specified in the first proviso, as the case may be, then the total number of Ministers in that State shall be brought in conformity with the provisions of this clause within six months from such dateas the President may by public notification appoint.(1B) A member of the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council belonging to any political party who is disqualified for being a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council, as the case may be, before the expiry of such period, till the date on which he is declared elected, whichever is earlier.(2) The Council of Ministers shall be collectively responsible to the Legislative Assembly of the State.(3) Before a Minister enters upon his office, the Governor shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule.(4) A Minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minister.(5) The salaries and allowances of Ministers shall be such as the Legislature of the State may from time to time by law determine and, until the Legislature of the State so determines, shall be as specified in the Second Schedule.", "qas": []}]}, {"title": "Article 303 Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce..txt", "paragraphs": [{"context": "Article 303 Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce.(1) Notwithstanding anything in article 302, neither Parliament nor the Legislature of a State shall have power to make any law giving, or authorising the giving of, any preference to one State over another, or making, or authorising the making of, any discrimination between one State and another, by virtue of any entry relating to trade and commerce in any of the Lists in the Seventh Schedule.(2) Nothing in clause (1) shall prevent Parliament from making any law giving, or authorising the giving of, any preference or making, or authorising the making of, any discrimination if it is declared by such law that it is necessary to do so for the purpose of dealing with a situation arising from scarcity of goods in any part of the territory of India.", "qas": []}]}, {"title": "Article 243ZD Committee for district planning..txt", "paragraphs": [{"context": "Article 243ZD Committee for district planning.(1) There shall be constituted in every State at the district level a District Planning Committee to consolidate the plans prepared by the Panchayats and the Municipalities in the district and to prepare a draft development plan for the district as a whole.(2) The Legislature of a State may, by law, make provision with respect to \u2014(a) the composition of the District Planning Committees;(b) the manner in which the seats in such Committees shall be filled: Provided that not less than four-fifths of the total number of members of such Committee shall be elected by, and from amongst, the elected members of the Panchayat at the district level and of the Municipalities in the district in proportion to the ratiobetween the population of the rural areas and of the urban areas in the district;(c) the functions relating to district planning which may be assigned to such Committees;(d) the manner in which the Chairpersons of such Committees shall be chosen.(3) Every District PlanningCommittee shall, in preparing the draft development plan, \u2014(a) have regard to \u2014(i) matters of common interest between the Panchayats and the Municipalities including spatial planning, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation;(ii) the extent and type of available resources whether financial or otherwise;(b) consult such institutions and organisations as the Governor may, by order, specify.(4) The Chairperson of every District Planning Committee shall forward the development plan, as recommended by such Committee, to the Government of the State.", "qas": []}]}, {"title": "Article 239 Administration of Union territories..txt", "paragraphs": [{"context": "Article 239 Administration of Union territories.(1) Save as otherwise provided by Parliament by law, every Union territory shall be administered by the President acting, to such extent as he thinks fit, through an administrator to be appointed by him with such designation as he may specify.(2) Notwithstanding anything contained in Part VI, the President may appoint the Governor of a State as the administrator of an adjoining Union territory, and where a Governor is so appointed, he shall exercise his functions as such administrator independently of his Council of Ministers.", "qas": []}]}, {"title": "Article 274 Prior recommendation of President required to Bills affecting taxation in which States are interested..txt", "paragraphs": [{"context": "Article 274 Prior recommendation of President required to Bills affecting taxation in which States are interested.(1) No Bill or amendment which imposes or varies any tax or duty in which States are interested, or which varies the meaning of the expression \u201cagricultural income\u201d as defined for the purposes of the enactments relating to Indian income-tax, or which affects the principles on which under any of the foregoing provisions of this Chapter moneys are or may be distributable to States, or which imposes any such surcharge for the purposes of the Union as is mentioned in the foregoing provisions of this Chapter, shall be introduced or moved in either House of Parliament except on the recommendation of the President.(2) In this article, the expression \u201ctax or duty in which States are interested\u201d means \u2014(a) a tax or duty the whole or part of the net proceeds whereof are assigned to any State; or(b) a tax or duty by reference to the net proceeds whereof sums are for the time being payable out of the Consolidated Fund of India to any State.", "qas": []}]}, {"title": "Article 312A Power of Parliament to vary or revoke conditions of service of officers of certain services..txt", "paragraphs": [{"context": "Article 312A Power of Parliament to vary or revoke conditions of service of officers of certain services.(1) Parliament may by law \u2014(a) vary or revoke, whether prospectively or retrospectively, the conditions of services as respects remuneration, leave and pension and the rights as respects disciplinary matters of persons who, having been appointed by the Secretary of State or Secretary of State in Council to a civil service of the Crown in India before the commencement of this Constitution, continue on and after the commencement of the Constitution (Twenty-eighth Amendment) Act, 1972, to serve under the Government of India or of a State in any service or post;(b) vary or revoke, whether prospectively or retrospectively, the conditions of service as respects pension of persons who, having been appointed by the Secretary of State or Secretary of State in Council to a civil service of the Crown in India before the commencement of this Constitution, retired or otherwise ceased to be in service at any time before the commencement of the Constitution (Twentyeighth Amendment) Act, 1972: Provided that in the case of any such person who is holding or has held the office of the Chief Justice or other Judge of the Supreme Court or a High Court, the Comptroller and Auditor-General of India, the Chairman or other member of the Union or a State Public Service Commission or the Chief Election Commissioner, nothing in sub-clause (a) or sub-clause (b) shall be construed as empowering Parliament to vary or revoke, after his appointment to such post, the conditions of his service to his disadvantage except in so far as such conditions of service are applicable to him by reason of his being a person appointed by the Secretary of State or Secretary of State in Council to a civil service of the Crown in India.(2) Except to the extent provided for by Parliament by law under this article, nothing in this article shall affect the power of any Legislature or other authority under any other provision of this Constitution to regulate the conditions of service of persons referred to in clause (1).(3) Neither the Supreme Court nor any other court shall have jurisdiction in \u2014(a) any dispute arising out of any provision of, or any endorsement on, any covenant, agreement or other similar instrument which was entered into or executed by any person referred to in clause (1), or arising out of any letter issued to such person, in relation to his appointment to any civil service of the Crown in India or his continuance in service under the Government of the Dominion of India or a Province thereof;(b) any dispute in respect of any right, liability or obligation under article 314 as originally enacted.(4) The provisions of this article shall have effect notwithstanding anything in article 314 as originally enacted or in any other provision of this Constitution.", "qas": []}]}, {"title": "Article 244A Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor..txt", "paragraphs": [{"context": "Article 244A Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor.(1) Notwithstanding anything in this Constitution, Parliament may, by law, form within the State of Assam an autonomous State (comprising whether wholly or in part) all or any of the tribal areas specified in Part Iof the table appended to paragraph 20 of the Sixth Schedule and create therefor \u2014(a) a body, whether elected or partly nominated and partly elected, to function as a Legislature for the autonomous State, or(b) a Council of Ministers,or both with such constitution, powers and functions, in each case, as may be specified in the law.(2) Any such law as is referred to in clause (1) may, in particular, \u2014(a) specify the matters enumerated in the State List or the Concurrent List with respect to which the Legislature of the autonomous State shall have power to make laws for the whole or any part thereof, whether to the exclusion of the Legislature of the State of Assam or otherwise;(b) define the matters with respect to which the executive power of the autonomous State shall extend;(c) provide that any tax levied by the State of Assam shall be assigned to the autonomous State in so far as the proceeds thereof are attributable to the autonomous State;(d) provide that any reference to a State in any article of this Constitution shall be construed as including a reference to the autonomous State; and(e) make such supplemental, incidental and consequential provisions as may be deemed necessary.(3) An amendment of any such law as aforesaid in so far as such amendment relates to any of the matters specified in sub-clause (a) or sub-clause (b) of clause (2) shall have no effect unless the amendment is passed in each House of Parliament by not less than two-thirds of the members present and voting.(4) Any such law as is referred to in this article shall not be deemed to be an amendment of this Constitution for the purposes of article 368 notwithstanding that it contains any provision which amends or has the effect of amending this Constitution.", "qas": []}]}, {"title": "Article 323 Reports of Public Service Commissions..txt", "paragraphs": [{"context": "Article 323 Reports of Public Service Commissions.(1) It shall be the duty of the Union Commission to present annually to the President a report as to the work done by the Commission and on receipt of such report the President shall cause a copy thereof together with a memorandum explaining, as respects the cases, if any, where the advice of the Commission was not accepted, the reasons for such non-acceptance to be laid before each House of Parliament.(2) It shall be the duty of a State Commission to present annually to the Governor of the State a report as to the work done by the Commission, and it shall be the duty of a Joint Commission to present annually to the Governor of each of the States the needs of which are served by the Joint Commission a report as to the work done by the Commission in relation to that State, and in either case the Governor, shall, on receipt of such report, cause a copy thereof together with a memorandum explaining, as respects the cases, if any, where the advice of the Commission was not accepted, the reasons for such non-acceptance to be laid before the Legislature of the State.", "qas": []}]}, {"title": "Article 163 Council of Ministers to aid and advise Governor..txt", "paragraphs": [{"context": "Article 163 Council of Ministers to aid and advise Governor.(1) There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion.(2) If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion.(3) The question whether any, and if so what, advice was tendered by Ministers to the Governor shall not be inquired into in any court.Debate SummaryArticle 143, Draft Constitution, 1948(1) There shall be a Council of ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion.(2) If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion.(3) The question whether any, and if so what, advice was tendered by ministers to the Governor shall not be inquired into in any court.Draft Article 143 (Article 163) was debated on 1st June 1949. It created a Council of Ministers to aid and advise the Governor.A member proposed that clause (1) be amended so that the Council could aid and advise the Governor even in the exercise of his discretionary powers. He argued that this gave the Governor more authority than the President in relation to the Council\u2019s advice. He further contended that it violated the principles of constitutional government to invest the Governor with wide discretionary powers. A member of the Drafting Committee clarified that the Governor would be bound to act on the advice of the Council except on those matters which explicitly came under his discretionary powers under Draft Article 188. He pointed out that the present Draft Article could be later revised if the Assembly decided to remove discretionary powers altogether during the debate on Draft Article 188.A member proposed to an amendment to explicitly state that the Chief Minister, as the head of the Council, would be responsible to the Governor. He argued that the Constitution was based on the principle of the executive\u2019s responsibility to the legislature. Since the Chief Minister would be heading the Council and adjudicating on matters of great importance, it was necessary for him to be \u2018directly responsible for any advice tendered to the Constitutional head of the State.\u2019 One member agreed with this, expressing concern that the Draft Article only required the Council to render advice to the Governor, and did not bind the latter to act on it. Another member disagreed, arguing that there may be many situations in which the advice of the Council may not be appropriate.Both amendments were negatived by the Assembly. Draft Article 163 was adopted on 1st June 1949.", "qas": []}]}, {"title": "Article 211 Restriction on discussion in the Legislature..txt", "paragraphs": [{"context": "Article 211 Restriction on discussion in the Legislature.No discussion shall take place in the Legislature of a State with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties.", "qas": []}]}, {"title": "Article 53 Executive power of the Union..txt", "paragraphs": [{"context": "Article 53 Executive 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 Constitution.(2) Without prejudice to the generality of the foregoing provision, the supreme command of the Defence Forces of the Union shall be vested in the President and the exercise thereof shall be regulated by law.(3) Nothing in this article shall\u2014(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.Debate SummaryArticle 42, Draft Constitution of India, 1948(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.The Constituent Assembly took up Draft Article 42 (Article 53) for debate on 10 December 1948 and 16 October 1949. The Draft Article placedthe executive power of the Union with the President of India.One member proposed to make it explicit in the Article that the President\u2019s executive power was subject to the advice and help of the Union Government. This would reiterateand make it clear that the Assembly had adopted a parliamentary systemof government and not a presidential one.Another member wanted to include'on behalf of the people of India'in the first clause to signalthat sovereignty and popular will laywith the people. Unlike the Government of India act 1935, he continued,that enabled the Governor-General to exercise executive power on behalf of the 'King-Emperor of India', the Indian Constitution should mention that executive power was exercised on behalf of the people.There was another proposal thatexhaustively listedout all the powers and responsibilities of the President. The member who proposed thisargued that for a new nation like India, the President's powers must be clearly laid out in the Constitution to avoid any ambiguities. Several members opposed this move: a member of the Drafting Committee pointed out that theproposal wentagainst the decision of the Assembly to adopt a parliamentary form of democracy.The Assembly adopted the Draft Article on 10 December 1948 without any amendments. However, the Constituent Assembly reopened discussionson 16 October 1949.The Drafting Committee moved a minor amendment which enabled the President to exercise his power even through his subordinates. Some members feltthat this amendment was redundant and unnecessary. They argued that it was understood that the President would be exercising his power through his \u2018agents\u2019. As one member put it \u2018This attempt to clarify things is grossly exaggerating the idea of going into details\u2019.The members of the Drafting Committee responded by highlighting that the President would not really exercise his executive power himself;He would \u2018simplyexercisethem at the dictation of other people who are responsible tothe legislature\u2019 and the amendment embodied and clarifiedthis scheme.The Assembly accepted the amendment and adopted the Draft Article.", "qas": []}]}, {"title": "Article 7 Rights of citizenship of certain migrants to Pakistan..txt", "paragraphs": [{"context": "Article 7 Rights of citizenship of certain migrants to Pakistan.Notwithstanding anything in articles 5 and 6, a person who has after the first day of March, 1947, migrated from the territory of India to the territory now included in Pakistan shall not be deemed to be a citizen of India:Provided that nothing in this article shall apply to a person who, after having so migrated to the territory now included in Pakistan, has returned to the territory of India under a permit for resettlement or permanent return issued by or under the authority of any law and every such person shall for the purposes of clause (b) of article 6 be deemed to have migrated to the territory of India after the nineteenth day of July, 1948.Debate SummaryArticle 7 (Article 5AA of the Draft Constitution) regulates citizenship claims of persons who have migrated to Pakistan.This article was debated on10thAugust 1949,11thAugust 1949and12thAugust 1949.During the debates, some Assembly Memberswere concerned about the permit system and the effect that this article would have on property rights.The partition of India and Pakistan triggered migration between India and Pakistan. The Government of India passed an ordinance on 19th July 1948 to set up a permit system for persons migrating from Pakistan to India. This offered three types of permits: temporary, permanent and resettlement. Persons with resettlement permits could claim citizenship rights under this article.Some members thought that this article was \u2018obnoxious\u2019 because once persons migrate from India to Pakistan they would have \u2018transferred their loyalty\u2019 to another country. The permit system treats these persons favourably and makes it easier to obtain Indian citizenship. Instead, it was argued that migrants from Pakistan should be treated like other foreigners and they could acquire citizenship from naturalization. However, others responded to this argument by pointing out that the local officers, who are tasked with issuing the permit systems, carefully examine each case. Permits are not issues in a lackadaisical manner. Further, the members of the Drafting Committee reminded the Assembly that the Indian government had promised rehabilitation and resettlement measures for migrants from Pakistan. And put in place a permit system for citizenship claims. Going back on these words would be \u2018invidious\u2019 and cause \u2018grossest injustice\u2019. Some were concerned with the conflict between this article and property rights. One member argued that the property left behind by migrants was treated as \u2018evacuee property\u2019 under the law. Upon a person\u2019s return and subsequent acquisition of Indian citizenship, how will their property claims be settled?A member from the Drafting Committee clarified that there was no relationship between citizenship and property rights either in international or domestic law. He noted: \u2018Nationality or citizenship has nothing to do with the law of property\u2019.The Assembly adopted this article without any amendments on 12 August 1949.", "qas": []}]}, {"title": "Article 190 Vacation of seats..txt", "paragraphs": [{"context": "Article 190 Vacation of seats.(1) No person shall be a member of both Houses of the Legislature of a State and provision shall be made by the Legislature of the State by law for the vacation by a person who is chosen a member of both Houses of his seat in one house or the other.(2) No person shall be a member of the Legislatures of two or more States specified in the First Schedule and if a person is chosen a member of the Legislatures of two or more such States, then, at the expiration of such period as may be specified in rules1 made by the President, that person's seat in the Legislatures of all such States shall become vacant, unless he has previously resigned his seat in the Legislatures of all but one of the States.(3) If a member of a House of the Legislature of a State \u2014(a) becomes subject to any of the disqualifications mentioned in clause (1) or clause (2) of article 191; or(b) resigns his seat by writing under his hand addressed to the speaker or the Chairman, as the case may be, and his resignation is accepted by the Speaker or the Chairman, as the case may be,his seat shall thereupon become vacant: Provided that in the case of any resignation referred to in sub-clause (b), if from information received or otherwise and after making such inquiry as he thinks fit, the Speaker or the Chairman, as the case may be, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.(4) If for a period of sixty days a member of a House of the Legislature of a State is without permission of the House absent from all meetings thereof, the House may declare his seat vacant: Provided that in computing the said period of sixty days no account shall be taken of any period during which the House is prorogued or is adjourned for more than four consecutive days.", "qas": []}]}, {"title": "Article 243H Powers to impose taxes by, and Funds of, the Panchayats..txt", "paragraphs": [{"context": "Article 243H Powers to impose taxes by, and Funds of, the Panchayats.The Legislature of a State may, by law, \u2014(a) authorise a Panchayat to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits;(b) assign to a Panchayat such taxes, duties, tolls and fees levied and collected by the State Government for such purposes and subject to such conditions and limits;(c) provide for making such grants-in-aid to the Panchayats from the Consolidated Fund of the State; and(d) provide for constitution of such Funds for crediting all moneys received, respectively, by or on behalf of the Panchayats and also for the withdrawal of such moneys therefrom,as may be specified in the law.", "qas": []}]}, {"title": "Article 31  Compulsory acquisition of property..txt", "paragraphs": [{"context": "Article 31  Compulsory acquisition of property.[Compulsory acquisition of property.] Rep. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 6 (w.e.f. 20-6-1979).Debate SummaryArticle 24 of the Draft Constitution (Article 31 of the Constitution of India, 1950) was debated on September 10, 1949 and September 12, 1949. This provision was deleted from Part III of the constitution by the Constitution (Forty-fourth Amendment) Act, 1978. A modified version of this provision stands today as Article 300A. Right to property and property rights were discussed in light of \u2013 (i) fair and equitable compensation and (ii) the existing zamindari system, (iii) land acquisition, (iv) agrarian reforms, (v) financial reforms and (vi) foreign investment. The Assembly debated on the separation of powers doctrine and the authority which each section of the government \u2013 legislature, executive and judiciary in context of property rights. Reasonable restrictions on fundamental rights and principles of non discrimination also played a crucial role in the drafting of this provision.", "qas": []}]}, {"title": "Article 268 Duties levied by the Union but collected and appropriated by the States..txt", "paragraphs": [{"context": "Article 268 Duties levied by the Union but collected and appropriated by the States.(1) Such stamp duties and such duties of excise on medicinal and toilet preparations as are mentioned in the Union List shall be levied by the Government of India but shall be collected,\u2014(a) in the case where such duties are leviable within any Union territory, by the Government of India, and(b) in other cases, by the States within which such duties are respectively leviable.(2) The proceeds in any financial year of any such duty leviable within any State shall not form part of the Consolidated Fund of India, but shall be assigned to that State.", "qas": []}]}, {"title": "Article 114 Appropriation Bills..txt", "paragraphs": [{"context": "Article 114 Appropriation 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 Consolidated Fund of India of all moneys required to meet \u2014(a) the grants so made by the House of the People; and(b) the expenditure charged on the Consolidated Fund of India but not exceeding in any case the amount shown in the statement previously laid before Parliament.(2) No amendment shall be proposed to any such Bill in either House of Parliament which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the Consolidated Fund of India, and the decision of the person presiding as to whether an amendment is inadmissible under this clause shall be final.(3) Subject to the provisions of articles 115 and 116, no money shall be withdrawn from the Consolidated Fund of India except under appropriation made by law passed in accordance with the provisions of this article.Debate SummaryArticle 94, Draft Constitution, 1948(1) The President shall authenticate by his signature a schedule specifying-(a) The grants made by the House of the People under the last preceding article;(b) The several sums required to meet the expenditure charged on the revenues of India, but not exceeding in any case, the sum shown in the statement previously laid before Parliament.(2) The schedule so authenticated shall be laid before the House of the People, but shall not be open to discussion or vote in Parliament.(3) Subject to the provisions of the next two succeeding articles, no expenditure from the revenues of India shall be deemed to be duly authorised unless it is specified in the schedule so authenticated.Draft Article 94 (Article 114) was debated on 10th June 1949. It laid the procedure and grounds for the Appropriation Bills.The Chairman of the Drafting Committee moved an amendment to wholly replace the Draft Article with the following:\u2018Appropriation Bills94. (1) As soon as may be after the grants under the last preceding article have been made by the House of the People there shall be introduced a bill to provide for the appropriation out of the Consolidated Fund of India all moneys required to meet-(a) The grants so made by the House of the people; and(b) the expenditure charged on the Consolidated Fund of India but not exceeding in any case the amount shown in the statement previously laid before Parliament.(2) No amendment shall be proposed to any such Bill in either House of Parliament which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the Consolidated Fund of India, and the decision of the person presiding as to the amendments which are admissible under this clause shall be final.(3) Subject to the provisions of the next two succeeding articles no money shall be withdrawn from the Consolidated Fund of India except under appropriation made by law passed in accordance with the provisions of this article'.The debates in the Assembly was based on this amendment.The Draft Article empowered the President to authenticate the Schedule. Through this Amendment, the Drafting Committee sought to give primacy to the Parliament, in particular the House of the People.A member believed that the amendment inflicted \u2018unnecessary formality\u2019 to the procedure. He pointed out that the House of Commons adopted the passing of the Act route, as its votes had no legal validity. The amendment introduced voting in the House of the People along with the passing of an Appropriation Bill. This would be superfluous and time-consuming. Another member rebutted these concerns. He viewed this double-layered process as a measure of ensuring scrutiny.A member of the Drafting Committee defended the amendment. He pointed out that the objective of the amendment was to merely substitute authentication of the President with the passing of the Appropriation Bill in the House of the People. This would ensure that the Parliament would have control over financial matters.Another member was not too convinced with clause 2. He argued that it was restrictive and limited the \u2018sovereignty of Parliament\u2019. The issue of amendments to the Appropriation Bill could be left for the conventions or rules of the Parliament. There was no need to spell it in the Constitution.The Assembly accepted the Drafting Committees amendment and adopted the Draft Article on 10th June 1949.", "qas": []}]}, {"title": "Article 87 Special address by the President..txt", "paragraphs": [{"context": "Article 87 Special 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 yearthe President shall address both Houses of Parliament assembled together and inform Parliament of the causes of its summons.(2) Provision shall be made by the rules regulating the procedure of either House for the allotment of time for discussion of the matters referred to in such address.Debate SummaryArticle 71, Draft Constitution 1948(1) At the commencement of every session the President shall address both Houses of Parliament assembled together and inform Parliament of the causes of its summons.(2) Provision shall be made by the rules regulating the procedure of either House for the allotment of time for discussion of the matters referred to in such address and for the precedence of such discussion over other business of the House.Draft Article 71 (Article 87) was discussed on 18th May 1949. It regulated the President\u2019s special address to the Parliament.A member proposed an amendment that would make the subject of thePresident\u2019s address broader. He argued that the President, being a non-party head of the state should provide \u2018general overview of policy, or the prospects before the country, rather than with the specific causes of the summons\u2019. The Chairman of the Drafting Committee pointed out that the phrase \u2018causes of its summons\u2019 waswide enough to include any subject matter. Hence it was unnecessary to accept this amendment.Another member was not convinced of the necessity of this Draft Article. He brought in a comparative perspective and noted that England did not make it binding on the King to address the Parliament. Having such compulsions on the President was not needed or useful.The Assembly adopted the Draft Article without any amendments on 18th May 1949.", "qas": []}]}, {"title": "Article 208 Rules of procedure..txt", "paragraphs": [{"context": "Article 208 Rules of procedure.(1) A House of the Legislature of a State may make rules for regulating, subject to the provisions of this Constitution, its procedure and the conduct of its business.(2) Until rules are made under clause (1), the rules of procedure and standing orders in force immediately before the commencement of this Constitution with respect to the Legislature for the corresponding Province shall have effect in relation to the Legislature of the State subject to such modifications and adaptations as may be made therein by the Speaker of the Legislative Assembly, or the Chairman of the Legislative Council, as the case may be.(3) In a State having a Legislative Council the Governor, after consultation with the Speaker of the Legislative Assembly and the Chairman of the Legislative Council, may make rules as to the procedure with respect to communications between the two Houses.", "qas": []}]}, {"title": "Article 74 Council of Ministers to aid and advise President..txt", "paragraphs": [{"context": "Article 74 Council 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 such advice:Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration.(2) The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.Debate SummaryArticle 61, Draft Constitution 1948(1) 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.(2) The question whether any, and if so what, advice was tendered by ministers to the President shall not be inquired into in any court.Draft Article 61 (Article 74 of the Constitution of India, 1950) was discussed on 30th December 1948. This article regulated the exercise of the President\u2019s power.A member moved an amendment to regulate the selection of Cabinet ministers and restrict the number to 15 ministers. He proposed that the ministers be elected by the houses of the Parliament on the basis of proportional representation. This would prevent a majoritarian government. He invoked the system in Switzerland to illustrate how the election of cabinet ministers would not result in any oppression or revolution. The Chairman of the Drafting Committee disagreed with these proposals. He argued that the Prime Minister must not be constitutionally mandated to have 15 ministers in the Cabinet; he/she might find it practical and efficient to have fewer ministers. On the proposal to elect ministers based on proportional representation, he urged that the Instrument of Instructions for President, that the Drafting Committee would draft, would take care of minority representation in the Cabinet.There was another proposal to delete \u2018with the Prime Minister at the head\u2019. The mover wanted to keep the Prime Minister out of the Constitution. He argued that though the institution of Prime Minister was essential to carry out government business, it should not be mentioned in the Constitution. This would also prevent the power from centralising in the hands of one Minister. The Chairman of the Drafting Committee argued that the Prime Minister was indispensable to achieve collective responsibility of the Cabinet and to prevent undue influence of the President on the ministers. Further, in England too, the office of Prime Minister which had previously been recognised through convention, gained statutory recognition.A member introduced amendments to allow the President to use his/her discretionary power without the Cabinet's aid. He argued that the Draft Constitution provided with a similar provision for the Governor and the same should be extended to the President. The Chairman of the Drafting Committee pointed out that this proposal relied on the Government of India Act, 1935 which had given the Governor-General power to act according to his discretion. He reminded that under the Indian Constitution the President merely has certain prerogatives and not functions. Therefore, this proposal was unnecessary.The Assembly negatived all the amendments. The Draft Article as introduced by the Assembly was adopted on 30th December 1948.", "qas": []}]}, {"title": "Article 243W Powers, authority and responsibilities of Municipalities, etc..txt", "paragraphs": [{"context": "Article 243W Powers, authority and responsibilities of Municipalities, etc.Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow \u2014(a) the Municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Municipalities, subject to such conditions as may be specified therein,with respect to \u2014(i) the preparation of plans for economic development and social justice;(ii) the performance of functions and the implementation of schemes as may be entrusted to them including those in relation to the matters listed in the Twelfth Schedule;(b) the Committees with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in the Twelfth Schedule.", "qas": []}]}, {"title": "Article 283 Custody, etc., of Consolidated Funds, Contingency Funds and moneys credited to the public accounts..txt", "paragraphs": [{"context": "Article 283 Custody, etc., of Consolidated Funds, Contingency Funds and moneys credited to the public accounts.(1) The custody of the Consolidated Fund of India and the Contingency Fund of India, the payment of moneys into such Funds, the withdrawal of moneys therefrom, the custody of public moneys other than those credited to such Funds received by or on behalf of the Government of India, their payment into the public account of India and the withdrawal of moneys from such account and all other matters connected with orancillary to matters aforesaid shall be regulated by law made by Parliament, and, until provision in that behalf is so made, shall be regulated by rules made by the President.(2) The custody of the Consolidated Fund of a State and the Contingency Fund of a State, the payment of moneys into such Funds, the withdrawal of moneys therefrom, the custody of public moneys other than those credited to such Funds received by or on behalf of the Government of the State, their payment into the public account of the State and the withdrawal of moneys from such account and all other matters connected with or ancillary to matters aforesaid shall be regulated by law made by the Legislature of the State, and, until provision in that behalf is so made, shall be regulated by rules made by the Governor of the State.", "qas": []}]}, {"title": "Article 21A Right to education..txt", "paragraphs": [{"context": "Article 21A Right to education.The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.Debate SummaryThis provision was inserted by the Constitution (Eighty Sixth Amendment) Act, 2010", "qas": []}]}, {"title": "Article 15 Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth..txt", "paragraphs": [{"context": "Article 15 Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to\u2014  (a) access to shops, public restaurants, hotels and places of public entertainment; or  (b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.(3) Nothing in this article shall prevent the State from making any special provision for women and children.(4) Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.(5) Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30.Debate SummaryArticle 15 of the Constitution of India, 1950 (Draft Article 9) was debated on the 29th of November 1948 in the Constituent Assembly. The Assembly was unanimous about the importance of the Draft Article in combating discriminatory practices in Indian society. However, members wanted certain tweaks.Some argued that the Draft Article did not engage with discrimination based on family and descent. Others wanted a specific mention of gardens, roads and tramways as potential public spaces where people could be discriminated. In response to these points, it was clarified that while the Draft Article specifically mentions some spaces, the general nature of the language used in the Article was sufficient to cover a wide range of public spaces including those that were not specified in the Article\u2019s text. Also, in addition to the clause in the Draft Article which allowed the state to make special provisions for women and children, there was a proposal to add a similar clause for Scheduled Castes and Tribes as well. This was not adopted \u2013 it was argued that this approach would perpetuate the segregation of Scheduled Castes and Tribes. The Article was adopted with some amendments.", "qas": []}]}, {"title": "Article 121 Restriction on discussion in Parliament..txt", "paragraphs": [{"context": "Article 121 Restriction on discussion in Parliament.No 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 for presenting an address to the President praying for the removal of the Judge as hereinafter provided.Debate SummaryArticle 100, Draft Constitution, 1948(1) 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 the removal of the judge as hereinafter provided.(2) In this article the reference to a High Court shall be construed as including a reference to any court in a State for the time being specified in Part III of the First Schedule which is a High Court for any of the purposes of Chapter IV of this Part.Draft Article 100 (Article 121) was taken upon 23rd May 1949 and 13th October 1949. It stipulatedrestrictions on discussions in Parliament pertaining to the conduct of members of the Judiciary.The Draft Article was initially accepted without debate and adopted by the Assembly on 23rd May 1949.However, theAssembly reponed discussion on the Draft Articleon 13th October 1949. A member of the Drafting Committee moved to delete clause (2). The assembly unanimously accepted the proposal without any debate.", "qas": []}]}, {"title": "Article 371E Establishment of Central University in Andhra Pradesh..txt", "paragraphs": [{"context": "Article 371E Establishment of Central University in Andhra Pradesh.Parliament may by law provide for the establishment of a University in the State of Andhra Pradesh.", "qas": []}]}, {"title": "Article 9 Persons voluntarily acquiring citizenship of a foreign State not to be citizens.txt", "paragraphs": [{"context": "Article 9 Persons voluntarily acquiring citizenship of a foreign State not to be citizensNo person shall be a citizen of India by virtue of article 5, or be deemed to be a citizen of India by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign State.Debate SummaryArticle 9 bars dual citizenship.This article was debated on10thAugust 1949,11thAugust 1949and12thAugust 1949.Article 9 was initially a proviso to Article 5 of the Constitution. In the Assembly it was debated as a part of Article 5. During the revision stages, the Drafting Committee believed that bar on dual citizenship must be a general principle and not be restricted to conditions under Article 5.During the Constituent Assembly debates, one member argued in favour of dual citizenship. He noted that it should be limited to countries which extend the same to Indians. But this was not discussed and finally the Assembly voted against this proposal.", "qas": []}]}, {"title": "Article 80 Composition of the Council of States..txt", "paragraphs": [{"context": "Article 80 Composition of the Council of States.The Council of States] shall consist of \u2014(a) twelve members to be nominated by the President in accordance with the provisions of clause (3); and(b) not more than two hundred and thirty-eight representatives of the States and of the Union territories.(2) The allocation of seats in the Council of States to be filled by representatives of the States and of the Union territories] shall be in accordance with the provisions in that behalf contained in the Fourth Schedule.(3) The members to be nominated by the President under sub-clause (a) of clause (1) shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely:-Literature, science, art and social service.(4) The representatives of each State in the Council of States shall be elected by the elected members of the Legislative Assembly of the State in accordance with the system of proportional representation by means of the single transferable vote.(5) The representatives of the Union territoriesin the Council of States shall be chosen in such manner as Parliament may by law prescribe.Debate SummaryArticle 67 (1) to (4), Draft Constitution, 1948(1) The Council of States shall consist of two hundred and fifty members of whom-(a) Fifteen members shall be nominated by the President in the manner provided in clause (2) of this article; and(b) The remainder shall be representatives of the States:Provided that the total number of representatives of the States for the time being specified in Part III of the First Schedule shall not exceed forty per cent of this remainder.(2) The members to be nominated by the President under sub-clause (a) of clause (1) of this article shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely,-(a) Literature, art, science and education;(b) Agriculture, fisheries and allied subjects;(c) Engineering and architecture;(d) Public administration and social services.(3) The representatives of each State for the time being specified inPart I or Part III of the First Schedule in the Council of States shall-(a) Where the Legislature of the State has two Houses, be elected by the elected members of the Lower House;(b) Where the Legislature of the State has only one House, be elected by the elected members of that House; and(c) Where there is no House of the Legislature for the State, be chosen in such manner as Parliament may by law prescribe.(4) The representatives of the States for the time being specified in Part II of the First Schedule in the Council of States shall be chosen in such manner as Parliament may by law prescribe.Draft Article 67 (1) to (4) was debated on 3rd January 1949and 17th October 1949. It laid down the composition of the Council of States.A member moved an amendment to delete clause 2. He believed that members to the Parliament must only be elected, not nominated. Nominations adversely affect the \u2018internal symmetry of the Legislative bodies\u2019. Moreover, the categories of interests from where persons could be nominated were \u2018not quite consistent intrinsically, logical or scientific\u2019. Another member argued that indirect election or nomination should not find a place in the Constitution. If the intention behind clause 2 was to rope in talented and intelligent persons to the Councils, this could be achieved through regular elections as well. Alternatively, the House could set up a board of advisors with meritorious members to aid legislative business.There was another proposal to constitute a \u2018Consultative Council\u2019 with representatives from various sectors including agriculture, industry, commerce etc. This Council would not have any administrative or executive powers. It would be entrusted with the responsibility of examining legislative proposals before being taken up by the Parliament. The Chairman of the Drafting Committee found this proposal to be unnecessary. He argued that as a matter of policy, the Government anyway consulted experts before introducing any law in the Parliament.Chairman of the Drafting Committee moved an amendment to decrease the nominated members from 15 to 12.The Constituent Assembly accepted certain amendments moved by the Drafting Committee and adopted the Draft Article on 4th January 1949. The Assembly accepted a few more amendments on 17th October 1949.", "qas": []}]}, {"title": "Article 204 Appropriation Bills..txt", "paragraphs": [{"context": "Article 204 Appropriation Bills.(1) As soon as may be after the grants under article 203 have been made by the Assembly, there shall be introduced a Bill to provide for the appropriation out of the Consolidated Fund of the State of all moneys required to meet \u2014(a) the grants so made by the Assembly; and(b) the expenditure charged on the Consolidated Fund of the State but not exceeding in any case the amount shown in the statement previously laid before the House or Houses.(2) No amendment shall be proposed to any such Bill in the House or either House of the Legislature of the State which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the Consolidated Fund of the State, and the decision of the person presiding as to whether an amendment is inadmissible under this clause shall be final.(3) Subject to the provisions of articles 205 and 206, no money shall be withdrawn from the Consolidated Fund of the State except under appropriation made by law passed in accordance with the provisions of this article.", "qas": []}]}, {"title": "Article 248 Residuary powers of legislation..txt", "paragraphs": [{"context": "Article 248 Residuary powers of legislation.(1) Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List.(2) Such power shall include the power of making any law imposing a tax not mentioned in either of those Lists.", "qas": []}]}, {"title": "Article 213 Power of Governor to promulgate Ordinances during recess of Legislature..txt", "paragraphs": [{"context": "Article 213 Power of Governor to promulgate Ordinances during recess of Legislature.(1) If at any time, except when the Legislative Assembly of a State is in session, or where there is a Legislative Council in a State, except when both Housesof the Legislature are in session, the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require: Provided that the Governor shall not, without instructions from the President, promulgate any such Ordinance if \u2014(a) a Bill containing the same provisions would under this Constitution have required the previous sanction of the President for the introduction thereof into the Legislature; or(b) he would have deemed it necessary to reserve a Bill containing the same provisions for the consideration of the President; or(c) an Act of the Legislature of the State containing the same provisions would under this Constitution have been invalid unless, having been reserved for the consideration of the President, it had received the assent of the President.(2) An Ordinance promulgated under this article shall have the same force and effect as an Act of the Legislature of the State assented to by the Governor, but every such Ordinance \u2014(a) shall be laid before the Legislative Assembly of the State, or where there is a Legislative Council in the State, before both the Houses, and shall cease to operate at the expiration of six weeks from the reassembly of the Legislature, or if before the expiration of that period a resolution disapproving it is passed by the Legislative Assembly and agreed to by the Legislative Council, if any, upon the passing of the resolution or, as the case may be, on the resolution being agreed to by the Council; and(b) may be withdrawn at any time by the Governor. Explanation \u2014 Where the Houses of the Legislatureof a State having a Legislative Council are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause.(3) If and so far as an Ordinance under this article makes any provision which would not be valid if enacted in an Act of the Legislature of the State assented to by the Governor, it shall be void: Provided that, for the purposes of the provisions of this Constitution relating to the effect of an Act of the Legislature of a State which is repugnant to an Act of Parliament or an existing law with respect to a matter enumerated in the Concurrent List, an Ordinance promulgated under this article in pursuance of instructions from the President shall be deemed to be an Act of the Legislature of the State which has been reserved for the consideration of the President and assented to by him.", "qas": []}]}, {"title": "Article 51 Promotion of international peace and security..txt", "paragraphs": [{"context": "Article 51 Promotion of international peace and security.The State shall endeavour to\u2014(a) promote international peace and security;(b) maintain just and honourable relations between nations;(c) foster respect for international law and treaty obligations in the dealings of organized peoples with one another; and(d) encourage settlement of international disputes by arbitrationDebate SummaryArticle 40, Draft Constitution of India 1948The 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.Draft Article 40, the closing provision of the Directive Principles of State Policy, was taken up for debate on 25 November 1948. It directed the State to adopt certain principles in its dealings with the world at large.An amendment was moved at the beginning of the debate that proposed to include a more succinct version of the Draft Article. A large section of the Assembly emphasised the importance of world peace. Members felt that India should not just play a role in effectuating world peace; oneclaimed that India was best placed to do so: peace, non-aggression and spirituality were key aspects on India history and culture. Anothermember argued that making vague statements was enough; India should, through some formal mechanism, pledge that it will work towards world peace. There was quite a bit of discussion around international law and its role in the world. Members viewed international law as playing a critical role in ensuring amicable relations between nations. A member went further: he hoped that, at some point in the future, a world government would emerge where nations gave up some part of their sovereignty.Members viewed the Draft Article as an expression of India\u2019s intention to pursue an independent foreign policy. It was argued that now, unlike before, India would not be dragged into the quarrels of other countries and would not align with power blocs.The Draft Article was adopted with an amendment. ", "qas": []}]}, {"title": "Article 148 Comptroller and Auditor-General of India..txt", "paragraphs": [{"context": "Article 148 Comptroller 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 like manner and on the like grounds as a Judge of the Supreme Court.(2) Every person appointed to be the Comptroller and Auditor-General of India shall, before he enters upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.(3) The salary and other conditions of service of the Comptroller and Auditor-General shall be such as may be determined by Parliament by law and, until they are so determined, shall be as specified in the Second Schedule:  Provided that neither the salary of a Comptroller and Auditor-General nor his rights in respect of leave of absence, pension or age of retirement shall be varied to his disadvantage after his appointment.(4) The Comptroller and Auditor-General shall not be eligible for further office either under the Government of India or under the Government of any State after he has ceased to hold his office.(5) Subject to the provisions of this Constitution and of any law made by Parliament, the conditions of service of persons serving in the Indian Audit and Accounts Department and the administrative powers of the Comptroller and Auditor-General shall be such as may be prescribed by rules made by the President after consultation with the Comptroller and Auditor-General.(6) The administrative expenses of the office of the Comptroller and Auditor-General, including all salaries, allowances and pensions payable to or in respect of the persons serving in that office, shall be charged upon the Consolidated Fund of India.Debate SummaryArticle 124, Draft Constitution, 19481) There shall be an Auditor-General of India, who shall be appointed by the President and shall only be removed from office in like manner and on the like grounds as a judge of the Supreme Court.(2) The salary, allowances and other conditions of service of the Auditor- General shall be such as may be determined by Parliament by law and until they are so determined shall be as specified in the Second Schedule:Provided that neither the salary of an Auditor-General nor his rights in respect of leave of absence, pension or age of retirement shall be varied to his disadvantage after his appointment.(3) The Auditor-General shall not be eligible for further office either under the Government of India or under the Government of any State after he has ceased to hold his office.(4) The salaries, allowances and pensions payable to or in respect of members of the staff of the Auditor-General shall be fixed by the Auditor- General in consultation with the President.(5) The salaries, allowances and pensions payable to or in respect of the Auditor-General and members of his staff shall be charged upon the revenues of India.Draft Article 124 (Article 148) was debated on 30th May 1949. It established the office of the Auditor-General of India and laid out conditions relating to his conditions of service.A number of amendments were proposed by one member of the Drafting Committee. Firstly, he proposed to replace the word \u2018Auditor-General\u2019 with the words \u2018Comptroller and Auditor-General\u2019. He argued that the latter better illustrated the function of the Auditor-General, who not only audited but also had some control over government expenses.The same member of the Drafting Committee also moved two amendments to bring the Auditor-General\u2019s rights and powers in line with the Supreme Court. Firstly, he proposed an amendment to clause (4) which allowed the Auditor-General to make rules relating to the conditions of service for his staff, subject to law made by Parliament and presidential approval in certain cases. Secondly, he proposed that all administrative expenses, including salaries, would be charged to the revenues of India. He contended that these amendments were non-controversial, as they were based on previously accepted principles of parity among civil servants. These amendments received the popular support of the Assembly. However, one member expressed strong opposition to the second amendment, arguing that the practice of charging anything to revenue should be done away with completely.Another member proposed that clause (1) be amended to require that the Auditor-General be appointed by the President \u2018by warrant under his hand and seal\u2019. He contended that this was necessary as similar language was used in Draft Article 103 (Article 124) to describe the appointment of the Chief Justice of India by the President. This amendment received the support of the Chairman of the Drafting Committee.\nAll of the proposed amendments were accepted by the Assembly. The amended Draft Article was adopted on 30th May 1949.", "qas": []}]}, {"title": "Article 371 Special provision with respect to the States of Maharashtra and Gujarat..txt", "paragraphs": [{"context": "Article 371 Special provision with respect to the States of Maharashtra and Gujarat.(2) Notwithstanding anything in this Constitution, the President may by order made with respect to theState of Maharashtra or Gujarat], provide for any special responsibility of the Governor for \u2014(a) the establishment of separate development boards for Vidarbha, Marathwada, and the rest of Maharashtra or, as the case may be,Saurashtra, Kutch and the rest of Gujarat with the provision that a report on the working of each of these boards will be placed each year before the State Legislative Assembly;(b) the equitable allocation of funds for developmental expenditure over the said areas, subject to the requirements of the State as a whole; and(c) an equitable arrangement providing adequate facilities for technical education and vocational training, and adequate opportunities for employment in services under the control of the State Government, in respect of all the said areas, subject to the requirements of the State as a whole.", "qas": []}]}, {"title": "Article 345 Official language or languages of a State..txt", "paragraphs": [{"context": "Article 345 Official language or languages of a State.Subject to the provisions of articles 346 and 347, the Legislature of a State may by law adopt any one or more of the languages in use in the State or Hindi as the language or languages to be used for all or any of the official purposes of that State: Provided that, until the Legislature of the State otherwise provides by law, the English language shall continue to be used for those official purposes within the State for which it was being used immediately before the commencement of this Constitution.", "qas": []}]}, {"title": "Article 300A Persons not to be deprived of property save by authority of law..txt", "paragraphs": [{"context": "Article 300A Persons not to be deprived of property save by authority of law.No person shall be deprived of his property save by authority of law.", "qas": []}]}, {"title": "Article 2 Admission or establishment of new States.txt", "paragraphs": [{"context": "Article 2 Admission or establishment of new StatesParliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit.Debate SummaryArticle 2, Draft Constitution, 1948Parliament may, from time to time, by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit.Draft Article 2 (Article 1) was debated on5thNovember 1948and17thNovember 1948. It empoweredthe Parliament to make laws to admit or establish states to the Union.One member believed that \u2018State\u2019 should be clearly defined in order to ensure uniform interpretation in the Constitution. He argued that the Draft Constitution in its current form uses \u2018state\u2019 indiscriminately in myriad forms. However, \u2018state\u2019 must be defined to always connote \u2018a kind of sovereignty\u2019. He proposed to retain old expressions such as \u2018Provinces, Indian States and Chief Commissioners' Provinces\u2019.A member argued that Draft Articles 2 and 3 overlap and moved a proposal to substitute them with a single Article. He opined that the purpose of Draft Article 2 is achieved in Draft Article 3, and having two separate Articles was redundant. However, his amendment was not accepted. The Assembly adopted Draft Article 2 without amendments.", "qas": []}]}, {"title": "Article 277 Savings..txt", "paragraphs": [{"context": "Article 277 Savings.Any taxes, duties, cesses or fees which, immediately before the commencement of this Constitution, were being lawfully levied by the Government of any State or by any municipality or other local authority or body for the purposes of the State, municipality, district or other local area may, notwithstanding that those taxes, duties, cesses or fees are mentioned in the Union List, continue to be levied and to be applied to the same purposes until provision to the contrary is made by Parliament by law.", "qas": []}]}, {"title": "Article 222 Transfer of a Judge from one High Court to another..txt", "paragraphs": [{"context": "Article 222 Transfer of a Judge from one High Court to another.(1) The President may, after consultation with the Chief Justice of India, transfer a Judge from one High Court to any other High Court.(2) When a Judge has been or is so transferred, he shall, during the period he serves, after the commencement of the Constitution (Fifteenth Amendment) Act, 1963, as a Judge of the other High Court, be entitled to receive in addition to his salary such compensatory allowance as may be determined by Parliament by law and, until so determined, such compensatory allowance as the President may by order fix.", "qas": []}]}, {"title": "Article 69 Oath or affirmation by the Vice - President..txt", "paragraphs": [{"context": "Article 69 Oath or affirmation by the Vice - President.Every 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 following form, that is to say \u2014\u201cI, A.B., do swear in the name of God / solemnly affirm that I will bear truefaith and allegiance to the Constitution of India as by law established and that I will faithfully discharge the duty upon which I am about to enter.\u201dDebate SummaryThis article was not debated as it was not a part of theDraft Constitution, 1948. The Drafting Committee inserted it at the later stages.", "qas": []}]}, {"title": "Article 297 Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union..txt", "paragraphs": [{"context": "Article 297 Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union.(1) All lands, minerals and other things of value underlying the ocean within the territorial waters, or the continental shelf, or the exclusive economic zone, of India shall vest in the Union and be held for the purposes of the Union.(2) All other resources of the exclusive economic zone of India shall also vest in the Union and be held for the purposes of the Union.(3) The limits of the territorial waters, the continental shelf, the exclusive economic zone, and other maritime zones, of India shall be such as may be specified, from time to time, by or under any law made by Parliament.", "qas": []}]}, {"title": "Article 267 Contingency Fund..txt", "paragraphs": [{"context": "Article 267 Contingency Fund.(1) Parliament may by law establish a Contingency Fund in the nature of an imprest to be entitled \u201cthe Contingency Fund of India\u201d into which shall be paid from time to time such sums as may be determined by such law, and the said Fund shall be placed at the disposal of the President to enable advances to be made by him out of such Fund for the purposes of meeting unforeseen expenditure pending authorisation of such expenditure by Parliament by law under article 115 or article 116.(2) The Legislature of a State may by law establish a Contingency Fund in the nature of an imprest to be entitled \u201cthe Contingency Fund of the State\u201d into which shall be paid from time to time such sums as may be determined by such law, and the said Fund shall be placed at the disposal of the Governor of the State to enable advances to be made by him out of such Fund for the purposes of meeting unforeseen expenditure pending authorisation of such expenditure by the Legislature of the State by law under article 205 or article 206.", "qas": []}]}, {"title": "Article 154 Executive power of State..txt", "paragraphs": [{"context": "Article 154 Executive power of State.(1) The executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.(2) Nothing in this article shall \u2014(a) be deemed to transfer to the Governor any functions conferred by any existing law on any other authority; or(b) prevent Parliament or the Legislature of the State from conferring by law functions on any authority subordinate to the Governor.Debate SummaryArticle 130, Draft Constitution, 1948(1) 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.(2) Nothing in this article shall-(a) Be deemed to transfer to the Governor any functions conferred by any existing law on any other authority; or(b) Prevent Parliament or the Legislature of the State from conferring by law functions on any authority subordinate to the Governor.Draft Article 130 (Article 154) was debated on 30th May 1949 and 16th October 1949. It vested the executive power of a state in its Governor.A member proposed an amendment to clause (1) to replace the word \u2018may\u2019 with \u2018shall\u2019. He argued that the use of \u2018may\u2019 indicated that it was not binding on the Governor to exercise his powers in accordance with the Constitution and the law.Another member proposed an amendment to the effect that the Governor\u2019s power was exercised \u2018on behalf of the people\u2019.A third member expressed discomfort with the use of the word \u2018transfer\u2019 in the context of clause (2), and proposed to replace it with the words \u2018authorise or empower\u2019. He contended that the latter was more accurate as functions were attached to a specific role and could not be transferred.The Chairman of the Drafting Committee was against the proposed amendments. He reminded the Assembly that the current Draft Article was a reproduction of Draft Article 42 (Article 53) relating to the executive powers of the Union, and similar amendments had been rejected during the debates on that Draft Article.All three amendments were negatived by the Assembly. The Draft Article was initially adopted on 30th May 1949.Subsequently, the language of Draft Article 42 wasamended. A member of the Drafting Committee proposed that the words 'may be exercised by him'be substituted for 'shall be exercised by him either directly or through officers subordinate to him', in order to mirror the language used in Draft Article 42. The amendment was accepted on 16th October 1949.", "qas": []}]}, {"title": "Article 107 Provisions as to introduction and passing of Bills..txt", "paragraphs": [{"context": "Article 107 Provisions 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 the provisions of articles 108 and 109, a Bill shall not be deemed to have been passed by the Houses of Parliament unless it has been agreed to by both Houses, either without amendment or with such amendments only as are agreed to by both Houses.(3) A Bill pending in Parliament shall not lapse by reason of the prorogation of the Houses.(4) A Bill pending in the Council of States which has not been passed by the House of the People shall not lapse on a dissolution of the House of the People.(5) A Bill which is pending in the House of the People, or which having been passed by the House of the People is pending in the Council of States, shall, subject to the provisions of article 108, lapse on a dissolution of the House of the People.Debate SummaryArticle 87, Draft Constitution 1948(1) Subject to the provisions of articles 89 and 97 of this Constitution with respect to Money Bills and other financial Bills, a Bill may originate in either House of Parliament.(2) Subject to the provisions of articles 88 and 89 of this Constitution, a Bill shall not be deemed to have been passed by the Houses of Parliament unless it has been agreed to by both Houses, either without amendment or with such amendments only as are agreed to by both Houses.(3) A Bill pending in Parliament shall not lapse by reason of the prorogation of the Houses.(4) A Bill pending in the Council of States which has not been passed by the House of the People shall not lapse on a dissolution of the House of the People.(5) A Bill which is pending in the House of the People or which having been passed by the House of the People is pending in the Council of States shall, subject to the provisions of article 88 of this Constitution, lapse on a dissolution of the House of the People.Draft Article 87 was debated on 20th May 1949. It regulated the introduction and passing of Bills.A member proposed to provide for the Parliament to receive petitions and representations from the people. People should have the right to represent directly to the legislature on any financial or administrative matters. This would be crucial in testing popular opinion.Another member was opposed to the House of Councils being treated at par with the House of People. He argued that the House of People represented the democratic will and should be given a superior position to that of the House of Councils, a merely advisory body meant to check on \u2018hasty legislation\u2019.The Assembly did not accept any amendments. It adopted the Draft Article on 20th May 1949.", "qas": []}]}, {"title": "Article 370 Temporary provisions with respect to the State of Jammu and Kashmir..txt", "paragraphs": [{"context": "Article 370 Temporary provisions with respect to the State of Jammu and Kashmir.(1) Notwithstanding anything in this Constitution, \u2014(a) the provisions of article 238 shall not apply in relation to the State of Jammu and Kashmir;(b) the power of Parliament to make laws for the said State shall be limited to \u2014(i) those matters in the Union List and the Concurrent List which, in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and(ii) such other matters in the said Lists as, with the concurrence of the Government of the State, the President may by order specify.Explanation. \u2014 For the purposes of this article, the Government of the State means the person for the time being recognised by the President as the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the Maharaja\u2019s Proclamation dated the fifth day of March, 1948;(c) the provisions of article 1 and of this article shall apply in relation to that State;(d) such of the other provisions of this Constitution shall apply in relation to that State subject to suchexceptions and modifications as the President may by order1 specify: Provided that no such order which relates to the matters specified in the Instrument of Accession of the State referred to in paragraph (i) of sub-clause (b) shall be issued except in consultation with the Government of the State: Provided further that no such order which relates to matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of that Government.(2) If the concurrence of the Government of the State referred to in paragraph (ii) of sub-clause (b) of clause (1) or in the second proviso to sub-clause (d) of that clause be given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon.(3) Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify: Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification.", "qas": []}]}, {"title": "Article 215 High Courts to be courts of record..txt", "paragraphs": [{"context": "Article 215 High Courts to be courts of record.Every High 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.", "qas": []}]}, {"title": "Article 393 Short title..txt", "paragraphs": [{"context": "Article 393 Short title.This Constitution may be called the Constitution of India.", "qas": []}]}, {"title": "Article 231 Establishment of a common High Court for two or more States..txt", "paragraphs": [{"context": "Article 231 Establishment of a common High Court for two or more States.(1) Notwithstanding anything contained in the preceding provisions of this Chapter, Parliament may by law establish a common High Court for two or more States or for two or more States and a Union territory.(2) In relation to any such High Court, \u2014(a) the reference in article 217 to the Governor of the State shall be construed as a reference to the Governors of all the States in relation to which the High Court exercises jurisdiction;(b) the reference in article 227 to the Governor shall, in relation to any rules, forms or tables for subordinate courts, be construed as a reference to the Governor of the State in which the subordinate courts are situate; and(c) the references in articles 219 and 229 to the State shall be construed as a reference to the State in which the High Court has its principal seat: Provided that if such principal seat is in a Union territory, the references in articles 219 and 229 to the Governor, Public Service Commission, Legislature and Consolidated Fund of the State shall be construed respectively as references to the President, Union Public Service Commission, Parliament and Consolidated Fund of India.", "qas": []}]}, {"title": "Article 43 Living wage, etc., for workers..txt", "paragraphs": [{"context": "Article 43 Living wage, etc., for workers.The State shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers, agricultural, 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 and, in particular, the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas.Debate SummaryArticle 34, Draft Constitution of India, 1948The 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.Draft Article 34 was debated in the Constituent Assembly on 23 November 1948. It aimed to protect and promote the interest of the workers.The debate began with and centred around an amendment that proposed to add a line thatdirected the State to ensure that rural areas were economically self-sufficient by encouraging the use of swadeshi goods and the promotion of cottage industries. It was argued that there was a stark difference in the economic fortunes of villages/rural areas as compared to cities; The growth of economic opportunity in cities came at the cost of the villages. Indians were abandoningrural India for greener economic pastures in cities. The amendment mover wanted to stop this andfelt that cottage industries could play a critical role in the economic transformation andempowerment of rural areas. Another member chimed inand noted that capitalists should be not be given the lead to facilitate the emergence of cottage industries. The approach that members settled on was to organise these centres of economic activity around cooperative societies.The debate around Article 34 also saw members engaging with larger themes: they believed that economic and social democracy were prerequisites for the success of political democracy. As one member put it \u2018Political consciousness and patriotism will come only when they are economically contended.\u2019 Finally, the Assembly adopted the amendment in modified form. Also, \u2018agricultural workers'was addedin Draft Article.", "qas": []}]}, {"title": "Article 290 Adjustment in respect of certain expenses and pensions..txt", "paragraphs": [{"context": "Article 290 Adjustment in respect of certain expenses and pensions.Where under the provisions of this Constitution the expenses of any court or Commission, or the pension payable to or in respect of a person who has served before the commencement of this Constitution under the Crown in India or after such commencement in connection with the affairs of the Union or of a State, are charged on the Consolidated Fund of India or the Consolidated Fund of a State, then, if \u2014(a) in the case of a charge on the Consolidated Fund of India, the court or Commission serves any of the separate needs of a State, or the person has served wholly or in part in connection with the affairs of a State; or(b) in the case of a charge on the Consolidated Fund of a State, the court or Commission serves any of the separate needs of the Union or another State, or the person has served wholly or in part in connection with the affairs of the Union or another State,there shall be charged on and paid out of the Consolidated Fund of the State or, as the case may be, the Consolidated Fund of India or the Consolidated Fund of the other State, such contribution in respect of the expenses or pension as may be agreed, or as may in default of agreement be determined by an arbitrator to be appointed by the Chief Justice of India.", "qas": []}]}, {"title": "Article 338 National Commission for Scheduled Castes..txt", "paragraphs": [{"context": "Article 338 National Commission for Scheduled Castes.(1) There shall be a Commission for the Scheduled Castes to be known as the National Commission for the Scheduled Castes.(2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President may by rule determine.(3) The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal.(4) The Commission shall have the power to regulate its own procedure.(5) It shall be the duty of the Commission \u2014(a) to investigate and monitor all matters relating to the safeguards provided for the Scheduled Castesunder this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards;(b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes;(c) to participate and advise on the planning process of socio-economic development of the Scheduled Castesand to evaluate the progress of their development under the Union and any State;(d) to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;(e) to make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Castes; and(f) to discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Castesas the President may, subject to the provisions of any law made by Parliament, by rule specify.(6) The President shall cause all such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations.(7) Where any such report, or any part thereof, relates to any matter with which any State Government is concerned, a copy of such report shall be forwarded to the Governor of the State who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendations.(8) The Commission shall, while investigating any matter referred to in sub-clause (a) or inquiring into any complaint referred to in sub-clause (b) of clause (5), have all the powers of a civil court trying a suit and in particular in respect of the following matters, namely :\u2014(a) summoning and enforcing the attendance of any person from any part of India and examining him on oath;(b) requiring the discovery and production of any document;(c) receiving evidence on affidavits;(d) requisitioning any public record or copy thereof from any court or office;(e) issuing commissions for the examination of witnesses and documents;(f) any other matter which the President may, by rule, determine.(9) The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Castes.(10)In this article, references to the Scheduled Castes shall be construed as including references to such other backward classes as the President may, on receipt of the report of a Commission appointed under clause (1) of article 340, by order specify and also to the Anglo-Indian community.", "qas": []}]}, {"title": "Article 339 Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes..txt", "paragraphs": [{"context": "Article 339 Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes.(1) The President may at any time and shall, at the expiration of ten years from the commencement of this Constitution by order appoint a Commission to report on the administration of the Scheduled Areas and the welfare of the Scheduled Tribes in the States . The order may define the composition, powers and procedure of the Commission and may contain such incidental or ancillary provisions as the President may consider necessary or desirable.(2) The executive power of the Union shall extend to the giving of directions to a Stateas to the drawing up and execution of schemes specified in the direction to be essential for the welfare of the Scheduled Tribes in the State.", "qas": []}]}, {"title": "Article 310 Tenure of office of persons serving the Union or a State..txt", "paragraphs": [{"context": "Article 310 Tenure of office of persons serving the Union or a State.(1) Except as expressly provided by this Constitution, every person who is a member of a defence service or of a civil service of the Union or of an all-India service or holds any post connected with defence or any civil post under the Union holds office during the pleasure of the President, and every person who is a member of a civil service of a State or holds any civil post under a State holds office during the pleasure of the Governor of the State.(2) Notwithstanding that a person holding a civil post under the Union or a State holds office during thepleasure of the President or, as the case may be, of the Governor of the State, any contract under which a person, not being a member of a defence service or of an all-India service or of a civil service of the Union or a State, is appointed under this Constitution to hold such a post may, if the President or the Governor, as the case may be, deems it necessary in order to secure the services of a person having special qualifications, provide for the payment to him of compensation, if before the expiration of an agreed period that post is abolished or he is, for reasons not connected with any misconduct on his part, required to vacate that post.", "qas": []}]}, {"title": "Article 12 Definitions.txt", "paragraphs": [{"context": "Article 12 DefinitionsIn this Part, unless the context otherwise requires, \u201cthe State\u2019\u2019 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 or under the control of the Government of IndiaDebate SummaryArticle 12 (Draft Article 7), the gateway provision of the Part III \u2013 Fundamental Rights \u2013 of the Indian Constitution, was debated in the Constituent Assembly on 25th November 1948. It defined the scope of the term \u2018State\u2019 \u2013 used extensively in the constitutional text. This Article, as one Assembly member argued, was indispensable to enforce fundamental rights as it identified those authorities upon whom fundamental rights were binding. Members of the Assembly were concerned that the wording of the Article was too vague and some moved amendments. They specifically had trouble with the term \u2018other authorities\u2019 which would in effect bring in almost every government agency or officer under the ambit \u2018State\u2019. One member had a semantic complaint: while it was fine for fundamental rights to be binding on institutions like district boards and municipalities, to refer to these institutions as the \u2018State\u2019 was inappropriate. In the end, it was clarified that \u2018authorities\u2019 would refer those that had \u2018the power to make laws or the power to have discretion vested in it\u2019. Also, in response to members who were opposed to the use of the term \u2018State\u2019, it was argued that it would be cumbersome to list out the various institutions upon whom fundamental rights were binding; so the term \u2018State\u2019 - with its comprehensiveness and economy of words \u2013 was useful to adopt throughout the fundamental rights section and the Constitution.The Assembly adopted the Article with just one amendment: \u2018or under the government of India\u2019 was added to the end of the Article to account for those territories which were not part of India but nonetheless under the control of the Indian government. ", "qas": []}]}, {"title": "Article 239A Creation of local Legislatures or Council of Ministers or both for certain Union territories..txt", "paragraphs": [{"context": "Article 239A Creation of local Legislatures or Council of Ministers or both for certain Union territories.(1) Parliament may by law create for the Union territory of Puducherry\u2014(a) a body, whether elected or partly nominated and partly elected, to function as a Legislature for the Union territory, or(b) a Council of Ministers,or both with such constitution, powers and functions, in each case, as may be specified in the law.(2) Any such law as is referred to in clause (1) shall not be deemed to be an amendment of this Constitution for the purposes of article 368 notwithstanding that it contains any provision which amends or has the effect of amending this Constitution", "qas": []}]}, {"title": "Article 295 Succession to property, assets, rights, liabilities and obligations in other cases..txt", "paragraphs": [{"context": "Article 295 Succession to property, assets, rights, liabilities and obligations in other cases.(1) As from the commencement of this Constitution \u2014(a) all property and assets which immediately before such commencement were vested in any Indian State corresponding to a State specified in Part B of the First Schedule shall vest in the Union, if the purposes for which such property and assets were held immediately before such commencement will thereafter be purposes of the Union relating to any of the matters enumerated in the Union List, and(b) all rights, liabilities and obligations of the Government of any Indian State corresponding to a State specified in Part B of the First Schedule, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations of the Government of India, if the purposes for which such rights were acquired or liabilities or obligations were incurred before such commencement will thereafter be purposes of the Government of India relating to any of the matters enumerated in the Union List,subject to any agreement entered into in that behalf by the Government of India with the Government of that State.(2) Subject as aforesaid, the Government of each State specified in Part B of the First Schedule shall, as from the commencement of this Constitution, be the successor of the Government of the corresponding Indian State as regards all property and assets and all rights, liabilities and obligations, whether arising out of any contract or otherwise, other than those referred to in clause (1).", "qas": []}]}, {"title": "Article 266 Consolidated Funds and public accounts of India and of the States..txt", "paragraphs": [{"context": "Article 266 Consolidated Funds and public accounts of India and of the States.(1) Subject to the provisions of article 267 and to the provisions of this Chapter with respect to the assignment of the whole or part of the net proceeds of certain taxes and duties to States, all revenues received by the Government of India, all loans raised by that Government by the issue of treasury bills, loans or ways and means advances and all moneys received by that Government in repayment of loans shall form one consolidated fund to be entitled \u201cthe Consolidated Fund of India\u201d, and all revenues received by the Government of a State, all loans raised by that Government by the issue of treasury bills, loans or ways and means advances and all moneys received by that Government in repayment of loans shall form one consolidated fund to be entitled \u201cthe Consolidated Fund of the State\u201d.(2) All other public moneys received by or on behalf of the Government of India or the Government of a State shall be credited to the public account of India or the public account of the State, as the case may be.(3) No moneys out of the Consolidated Fund of India or the Consolidated Fund of a State shall be appropriated except in accordance with law and for the purposes and in the manner provided in this Constitution.", "qas": []}]}, {"title": "Article 160 Discharge of the functions of the Governor in certain contingencies..txt", "paragraphs": [{"context": "Article 160 Discharge of the functions of the Governor in certain contingencies.The President may make such provision as he thinks fit for the discharge of the functions of the Governor of a State in any contingency not provided for in this Chapter.Debate SummaryArticle 138, Draft Constitution, 1948The Legislature of a State may make such provision as it thinks fit (The President may make such provision as he thinks fit) for the discharge of the functions of the Governor of the/a State in any contingency not provided for in this Chapter.Draft Article 138 (Article 160) was debated on 1st June 1949. It allowed the President or the State Legislature to make rules for the discharge of the Governor\u2019s functions in certain situations.Since the Assembly had decided to appoint Governors during the debate on Draft Article 131 (Article 155), one member proposed that this Draft Article be amended to reflect the same.The amendment was accepted without any debate. The amended Draft Article was adopted on 1st June 1949.", "qas": []}]}, {"title": "Article 184 Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman..txt", "paragraphs": [{"context": "Article 184 Power 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, the duties of the office shall be performed by the Deputy Chairman or, if the office of Deputy Chairman is also vacant, by such member of the Council as the Governor may appoint for the purpose.(2) During the absence of the Chairman from any sitting of the Council the Deputy Chairman or, if he is also absent, such person as may be determined by the rules of procedure of the Council, or, if no such person is present, such other person as may be determined by the Council, shall act as Chairman.", "qas": []}]}, {"title": "Article 172 Duration of State Legislatures..txt", "paragraphs": [{"context": "Article 172 Duration of State Legislatures.(1) Every Legislative Assembly of every State, unless sooner dissolved, shall continue for five yearsfrom the date appointed for its first meeting and no longer and the expiration of the said period of 1 [five years] shall operate as a dissolution of the Assembly: Provided that the said period may, while a Proclamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate.(2) The Legislative Council of a State 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 second year in accordance with the provisions made in that behalf by Parliament by law.", "qas": []}]}, {"title": "Article 180 Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker..txt", "paragraphs": [{"context": "Article 180 Power 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 the Assembly as the Governor may appoint for the purpose.(2) During the absence of the Speaker from any sitting of the Assembly the Deputy Speaker or, if he is also absent, such person as may be determined by the rules of procedure of the Assembly, or, if no such person is present, such other person as may be determined by the Assembly, shall act as Speaker.", "qas": []}]}, {"title": "Article 243F Disqualifications for membership..txt", "paragraphs": [{"context": "Article 243F Disqualifications for membership.(1) A person shall be disqualified for being chosen as, and for being, a member of a Panchayat \u2014(a) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State concerned: Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years;(b) if he is so disqualified by or under any law made by the Legislature of the State.(2) If any question arises as to whether a member of a Panchayat has become subject to any of the disqualifications mentioned in clause (1), the question shall be referred for the decision of such authority and in such manner as the Legislature of a State may, by law, provide.", "qas": []}]}, {"title": "I The States.txt", "paragraphs": [{"context": "I The StatesNameTerritories1. Andhra PradeshThe territories specified in sub-section (1) of section 3 of the Andhra State Act, 1953, sub-section (1) of section 3 of the States Reorganisation Act, 1956, the First Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959, and the Schedule to the Andhra Pradesh and Mysore (Transfer of Territory) Act, 1968, but excluding the territories specified in the Second Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959.2. AssamThe territories which immediately before the commencement of this Constitution were comprised in the Province of Assam, the Khasi States and the Assam Tribal Areas, but excluding the territories specified in the Schedule to the Assam (Alteration of Boundaries) Act, 1951 and the territories specified in sub-section (1) of section 3 of the State of Nagaland Act,1962 and the territories specified in sections 5, 6 and 7 of the North- Eastern Areas (Reorganisation) Act, 1971.3. BiharThe territories which immediately before the commencement of this Constitution were either comprised in the Province of Bihar or were being administered as if they formed part of that Province and the territories specified in clause (a) of sub-section (1) of section 3 of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968, but excluding the territories specified in sub-section (1) of section 3 of the Bihar and West Bengal (Transfer of Territories) Act, 1956, and the territories specified in clause (b) of sub-section (1) of section 3 of the first mentioned Act and the territories specified in section 3 of the Bihar Reorganisation Act, 2000.4. GujaratThe territories referred to in sub-section (1) of section 3 of the Bombay Reorganisation Act, 1960.5. KeralaThe territories specified in sub-section (1) of section 5 of the States Reorganisation Act, 1956.6. Madhya PradeshThe territories specified in sub-section (1) of section 9 of the States Reorganisation Act, 1956 [and the First Schedule to the Rajasthan and Madhya Pradesh (Transfer of Territories) Act, 1959, but excluding theterritories specified in section 3 of the Madhya Pradesh Reorganisation Act, 2000.7. Tamil NaduThe territories which immediately before the commencement of this Constitution were either comprised in the Province of Madras or were being administered as if they formed part of that Province and the territories specified in section 4 of the States Reorganisation Act, 1956, and the Second Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959, but excluding the territories specified in sub-section   (1) of section 3 and sub-section of section 4 of the Andhra State Act, 1953 and the territories specified in clause (b) of sub-section (1) of section 5, section 6 and clause (d) of sub-section (1) of section 7 of the States Reorganisation Act, 1956 and the territories specified in the First Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959.8. MaharashtraThe territories specified in sub-section (1) of section 8 of the States Reorganisation Act, 1956, but excluding the territories referred to in sub- section (1) of section 3 of the Bombay Reorganisation Act, 1960.9. KarnatakaThe territories specified in sub-section (1) of section 7 of the States Reorganisation Act, 1956 but excluding the territory specified in the Schedule to the Andhra Pradesh and Mysore (Transfer of Territory) Act, 1968.10. OrissaThe territories which immediately before the commencement of this Constitution were either comprised in the Province of Orissa or were being administered as if they formed part of that Province.11. PunjabThe territories specified in section 11 of the States Reorganisation Act, 1956 and the territories referred to in Part II of the First Schedule to the Acquired Territories (Merger) Act, 1960 but excluding the territories referred to in Part II of the First Schedule to the Constitution (Ninth Amendment) Act, 1960 and the territories specified in sub-section (1) of section 3, section 4 and sub- section (1) of section of the Punjab Reorganisation Act, 1966.12. RajasthanThe territories specified in section 10 of the States Reorganisation Act, 1956but excluding the territories specified in the First Schedule to the Rajasthan and Madhya Pradesh (Transfer of Territories) Act, 1959.13. Uttar PradeshThe territories which immediately before the commencement of this Constitution were either comprised in the Province known as the United Provinces or were being administered as if they formed part of that Province, the territories specified in clause (b) of sub-section (1) of section 3 of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968,and the territories specified in clause (b) of sub-section (1) of section 4 of the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979, but excluding the territories specified in clause (a) of sub-section (1) of section 3 of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968, and the territories specified in section 3 of the Uttar Pradesh Reorganisation Act, 2000 and the territories specified in clause (a) of sub-section (1) of section 4 of the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979.14. West BengalThe territories which immediately before the commencement of this Constitution were either comprised in the Province of West Bengal or were being administered as if they formed part of that Province and the territory of Chandernagore as defined in clause (c) of section 2 of the Chandernagore (Merger) Act, 1954 and also the territories specified in sub-section (1) of section 3 of the Bihar and West Bengal (Transfer of Territories) Act, 1956.15. Jammu and  KashmirThe territory which immediately before the commencement of this s comprised in the Indian State of Jammu and Kashmir.16. NagalandThe territories specified in sub-section (1) of section 3 of the State of Nagaland Act, 1962.17. HaryanaThe territories specified in sub-section (1) of section 3 of the Punjab Reorganisation Act,1966 and the territories specified in clause (a) of sub-section (1) of section 4 of the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979, but excluding the territories specified in clause (v) of sub-section 4 of that Act.18. Himanchal PradeshThe territories which immediately before the commencement of this Constitution were being administered as if they were Chief Commissioners\u2019 Provinces under the names of Himachal Pradesh and Bilaspur and the territories specified in sub-section (1) of section 5 of the Punjab Reorganisation Act, 1966.19. ManipurThe territory which immediately before the commencement of this Constitution was being administered as if it were a Chief Commissioner\u2019s Province under the name of Manipur.20. TripuraThe territory which immediately before the commencement of this Constitution was being administered as if it were a Chief Commissioner\u2019s Province under the name of Tripura.21. MeghalayaThe territories specified in section 5 of the North-Eastern(Reorganisation) Act, 1971.22. SikkimThe territories which immediately before the commencement of the Constitution (Thirty-sixth Amendment) Act, 1975, were comprised in Sikkim.23. MizoramThe territories specified in section 6 of the North-Eastern Areas (Reorganisation) Act, 1971.24. Arunanchal PradeshThe territories specified in section 7 of the North-Eastern Areas (Reorganisation) Act, 1971.25. GoaThe territories specified in section 3 of the Goa, Daman and Diu Reorganisation Act, 1987.26. ChhatisgarhThe territories specified in section 3 of the Madhya Pradesh Reorganisation Act, 2000.27. UttaranchalThe territories specified in section 3 of the Uttar Pradesh Reorganisation Act, 2000.28. JharkandThe territories specified in section 3 of the Bihar Reorganisation Act, 2000.", "qas": []}]}, {"title": "Article 335 Claims of Scheduled Castes and Scheduled Tribes to services and posts..txt", "paragraphs": [{"context": "Article 335 Claims of Scheduled Castes and Scheduled Tribes to services and posts.The claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State:  Provided that nothing in this article shall prevent in making of any provision in favour of the members of the Scheduled Castes and the Scheduled Tribes for relaxation in qualifying marks in any examination or lowering the standards of evaluation, for reservation in matters of promotion to any class or classes of services or posts in connection with the affairs of the Union or of a State.", "qas": []}]}, {"title": "Article 3 Formation of new States and alteration of areas, boundaries or names of existing States..txt", "paragraphs": [{"context": "Article 3 Formation of new States and alteration of areas, boundaries or names of existing States.Parliament may by law\u2014(a) form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State;(b) increase the area of any State;(c) diminish the area of any State;(d) alter the boundaries of any State;(e) alter the name of any State:Provided that no Bill for the purpose shall be introduced in either House of Parliament except on the recommendation of the President and unless, where the proposal contained in the Bill affects the area, boundariesor name of any of the States, the Bill has been referred by the President to the Legislature of that State for expressing its views thereon within such period as may be specified in the reference or within such further period as the President may allow and the period so specified or allowed has expired.Explanation I.\u2014In this article, in clauses (a) to (e), \"State'' includes a Union territory, but in the proviso, \"State'' does not include a Union territory.Explanation II.\u2014The power conferred on Parliament by clause (a) includes the power to form a new State or Union territory by uniting a part of any State or Union territory to any other State or Union territory.Debate SummaryArticle 3, Draft Constitution, 1948Parliament may by law-(a) Form a new State by separation of territory from a State or by uniting two or more States or parts of States;(b) Increase the area of any State;(c) Diminish the area of any State;(d) Alter the boundaries of any State;(e) Alter the name of any State:Provided that no Bill for the purpose shall be introduced in either House of Parliament except by the Government of India and unless(a) Either-(i) A representation in that behalf has been made to the President by a majority of the representatives of the territory in the Legislature of the State from which the territory is to be separated or excluded; or(ii) A resolution in that behalf has been passed by the Legislature of any State whose boundaries or name will be affected by the proposal to be contained in the Bill; and(b) Where the proposal contained in the Bill affects the boundaries or name of any State, other than a State for the time being specified in Part III of the First Schedule, the views of the Legislature of the State both with respect to the proposal to introduce the Bill and with respect to the provisions thereof have been ascertained by the President; and where such proposal affects the boundaries or name of any State for the time being specified in Part III of the First Schedule, the previous consent of the State to the proposal has been obtained.Article 3 (Draft Article 3) was debated on 17thNovember 1948,18thNovember 1948 and 13thOctober 1949. Itempoweredthe Parliament to make law relating to the formation of new states and alteration of existing states.\nOne member strongly believed that the proposal to alter an existing State must originate from the concerned State Legislature and not the parliament. The State Legislature and the people residing in a State must be consulted and involved in this decision. He further argued that a \u2018democratic regime\u2019 must \u2018consult\u2019 stakeholders of a decision and not merely impose top-down orders. The Draft Article in its current form compromised federalism and placed \u2018unnecessary\u2019 and \u2018excessive\u2019 power at the Centre.\nNot all were convinced by this proposal. Another member noted that this proposal would stifle minority demands for separate states as it would be impossible to get a State to support its own separation. The Chairman of the Drafting Committee found this proposal unnecessary in light of an amendment moved by him. Through the amendment, he sought to include a clause requiring the President to consult with the concerned states prior to passing any law under this Article.\nThe Assembly adopted Draft Article 3 with amendments as moved by the Drafting Committee.", "qas": []}]}, {"title": "Article 129 Supreme Court to be a court of record..txt", "paragraphs": [{"context": "Article 129 Supreme Court to be a court of record.The 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.Debate SummaryArticle 108, Draft Constitution, 1948The Supreme Court shall be a court of record and shall sit in Delhi and at such other place or places, if any, as the Chief Justice may, with the approval of the President, from time to time, appoint.Draft Article 108 (Article 129) was debated on 27th May 1949. It stated that the Supreme Court would be a court of record.A member proposed an amendment to wholly replace the Draft Article:'108. The Supreme Court shall sit at such place or places as the Chief Justice may, with the approval of the President, from time to time appoint.'He argued that the amendment was necessary for two reasons: firstly, the phrase \u2018court of record\u2019 was unnecessary since the function and powers of the Supreme Court had been exhaustively dealt with in the previous draft articles. The Chairman of the Drafting Committee responded that it was necessary to explicitly confer this power on the Supreme Court, as the legal system in India was not asfully defined as in England. He furtherproposed that the Draft Article be wholly substituted for the following:\u2018108. The Supreme Court shall be a court of record and shall have all the powersof such a court including the power to punish for contempt of itself.\u2019Secondly, the member argued that specifying Delhi as the seat of the court gave the city undue importance, and was improper since the city had not been finalized as the capital. The Chairman of the Drafting Committee then proposed the insertion of Article 108-A (Article 130) to separately address the matter of seat of the Supreme Court.The amendment proposed by the Chairman of the Drafting Committee was accepted by the Assembly without debate, while the other amendment was negatived. The amended Draft Article was adopted on 27th May 1949.", "qas": []}]}, {"title": "Article 361 Protection of President and Governors and Rajpramukhs..txt", "paragraphs": [{"context": "Article 361 Protection of President and Governors and Rajpramukhs.(1) The President, or the Governor or Rajpramukh of a State, shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties: Provided that the conduct of the President may be brought under review by any court, tribunal or body appointed or designated by either House of Parliament for the investigation of a charge under article 61: Provided further that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the Government of India or the Government of a State.(2) No criminal proceedings whatsoever shall be instituted or continued against the President, or the Governor of a State, in any court during his term of office.(3) No process for the arrest or imprisonment of the President, or the Governor of a State, shall issue from any court during his term of office.(4) No civil proceedings in which relief is claimed against the President, or the Governor of a State, shall be instituted during his term of office in any court in respect of any act done or purporting to be done by him in his personal capacity, whether before or after he entered upon his office as President, or as Governor of such State, until the expiration of two months next after notice in writing has been delivered to the President or the Governor, as the case may be, or left at his office stating the nature of the proceedings, the cause of action therefor, the name, description and place ofresidence of the party by whom such proceedings are to be instituted and the relief which he claims.", "qas": []}]}, {"title": "Article 137 Review of judgments or orders by the Supreme Court..txt", "paragraphs": [{"context": "Article 137 Review of judgments or orders by the Supreme Court.Subject 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 it.Debate SummaryDraft Article 112A (Article 137) was not included in the Draft Constitution of India, 1948 . The Chairman of the Drafting Committee moved an amendment to insert the following:\u2018112-A.Review of judgments or orders passed by the Supreme Court. Subject to the provisions of any law made by Parliament or any rule made under article 121 of this Constitution, the Supreme Court shall have power to review any judgment pronounced or order passed by it.\u2019Draft Article 112A was debated on 6th June 1949. It allowed the Supreme Court to review its own judgments or orders, subject to certain limitations.One member argued that since Draft Article 112 (Article 136) conferred the power on the Supreme Court to review any judgment,it was improper for Parliament to have the ability to restrict this power in any way. The Chairman of the Drafting Committee clarified that the review power under Draft Article 112 was also subject to a similar restriction, and therefore it was necessary to impose this limitation on the Supreme Court.The Draft Article was accepted by the Assembly, and adopted on 6th June 1949.", "qas": []}]}, {"title": "Article 243A Gram Sabha..txt", "paragraphs": [{"context": "Article 243A Gram Sabha.A Gram Sabha may exercise such powers and perform such functions at the village level as the Legislature of a State may, by law, provide.", "qas": []}]}, {"title": "Article 228 Transfer of certain cases to High Court..txt", "paragraphs": [{"context": "Article 228 Transfer of certain cases to High Court.If the High Court is satisfied that a case pending in a court subordinate to it involves a substantial question of law as to the interpretation of this Constitution the determination of which is necessary for the disposal of the case, it shall withdraw the case and may \u2014(a) either dispose of the case itself, or(b) determine the said question of law and return the case to the court from which the case has been so withdrawn together with a copy of its judgment on such question, and the said court shall on receipt thereof proceed to dispose of the case in conformity with such judgment.", "qas": []}]}, {"title": "Article 166 Conduct of business of the Government of a State..txt", "paragraphs": [{"context": "Article 166 Conduct of business of the Government of a State.(1) All executive action of the Government of a State shall be expressed to be taken in the name of the Governor.(2) Orders and other instruments made and executed in the name of the Governor shall be authenticated in such manner as may be specified in rules to be made by the Governor, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Governor.(3) The Governor shall make rules for the more convenient transaction of the business of the Government of the State, and for the allocation among Ministers of the said business in so far as it is not business with respect to which the Governor is by or under this Constitution required to act in his discretion.", "qas": []}]}, {"title": "Article 38 State to secure a social order for the promotion of welfare of the people..txt", "paragraphs": [{"context": "Article 38 State to secure a social order for the promotion of welfare of the people.(1)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.(2) The State shall, in particular, strive to minimise the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.Debate SummaryArticle 30, Draft Constitution of India 1948The 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.Draft Article 30 was debated in the Constituent Assembly on 19 November 1948. It directed the State to engage in social transformation to promote the welfare of Indians. A member wanted to replace the Draft Article with a provision that directed the State to establish a socialist order and take over, among other things, the ownership of important sectors of the economy. It was argued that prevailing capitalist system was oppressive, and the only way to secure the welfare of the people was to organise India on socialist lines and this required \u2018socialist democracy\u2019 to be explicitly mentioned in the constitutional text. Another member, while admitting the importance of the article, was concerned about its implementation. He invoked the \u2018Instrument of Instructions\u2019 of the Government of India Act 1935 \u2013 a set of provisions that were similar to the Directive Principles of State Policy (DPSPs) in that they were directives to certain constitutional authorities. He argued that the 1935 Act had some provisions to ensure their implementation. The Indian Constitution, on the other hand, had no such provisions; He wanted a \u2018superior authority\u2019 could oversee the implementation and act against the transgression of DPSPs. It was clarified that the Constitution, in addition to establishing political democracy, also aimed to strive for economic democracy. However, there were many ways that economic democracy could be achieved \u2013 socialism, communism \u2013 and the Constitution would not take a stand on which path to adopt.The issue of implementation was not responded to here but was done in a previous debate (See Article 37 debate summary)The Assembly adopted the Draft Article with no amendments. ", "qas": []}]}, {"title": "Article 70 Discharge of President's functions in other contingencies.txt", "paragraphs": [{"context": "Article 70 Discharge 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.Debate SummaryArticle 57, Draft Constitution 1948Parliament may make such provision as it thinks fit for the discharge of the functions of the President in any contingency not provided for in this Chapter.Draft Article 57 (Article 70, Constitution of India 1950) was debated on 29th December 1948. It gave President residuary powers to discharge his/her functions.There was no substantive debate around the Draft Article. A member did not want the President to have this residuarypowers. Instead, he wantedthe Parliament to regulate itsexercise. He sought to make this provision applicable to the Vice-President as well. The Chairman of the Drafting Committee noted that the Vice-President\u2019s role as the Chairman of the Council of States was specifically stated in the Constitution.The Constitution also provided for a Deputy Chairman in case of the Vice-President\u2019s absence. Hence the amendment was not necessary.The Assembly adopted the Draft Article without any amendments on 29th December 1948.", "qas": []}]}, {"title": "Article 243B Constitution of Panchayats..txt", "paragraphs": [{"context": "Article 243B Constitution of Panchayats.(1) There shall be constituted in every State, Panchayats at the village, intermediate and district levels in accordance with the provisions of this Part.(2) Notwithstanding anything in clause (1), Panchayats at the intermediate level may not be constituted in a State having a population not exceeding twenty lakhs.", "qas": []}]}, {"title": "Article 125 Salaries, etc., of Judges..txt", "paragraphs": [{"context": "Article 125 Salaries, 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 are specified in the Second Schedule.(2) Every Judge shall be entitled to such privileges and allowances and to such rights in respect of leave of absence and pension as may from time to time be determined by or under law made by Parliament and, until so determined, to such privileges, allowances and rights as are specified in the Second Schedule:  Provided that neither the privileges nor the allowances of a Judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment.Debate SummaryArticle 104, Draft Constitution, 1948The judges of the Supreme Court shall be entitled to such salaries and allowances, and to such rights in respect of leave and pensions, as may from time to time be fixed by or under law made by Parliament, and until they are so fixed shall be entitled to such salaries, allowances and rights in respect of leave of absence or pension as are specified in the Second Schedule:Provided that neither the salary of a judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment.Draft Article 104 (Article 125) was debated on 30th July 1949. It laid out the rules pertaining to the salaries, allowances, and rights of judges of the Supreme Court.The Chairman of the Drafting committee moved an Amendment to wholly replace the Draft Article with the following:\u2018Salaries etc., of Judges104. (1) There shall be paid to the judges of the Supreme Court such salaries as are specified in the Second Schedule.(2) Every judge shall be entitled to such privileges and allowances and to such rights in respect of leave of absence and pensions as may from time to time be determined by or under law made by Parliament, and until so determined, to such privileges, allowances and rights as are specified in the Second Schedule:Provided that that neither the privileges nor the allowances of a judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment.\u2019The debates in the Assembly were based on this amendment. The amendment added the word \u2018privileges\u2019 which was missing from the initial Draft Article.One member proposed the insertion of the following proviso to clause (2):\u2018 Provided that no law made under this article by Parliament shall provide that the pension allowable to a judge of the Supreme Court under that law shall be less than that which would have been admissible to him if he had been governed by the provisions which immediately before the commencement of this Constitution were applicable to the judges of the Federal Court.\u2019He argued that the Draft Article as it stood, allowed Parliament to reduce the salaries and pension of future judges of the Supreme Court. As higher salaries were necessary to attract the brightest legal minds to the bench, he wanted to restrain Parliament from reducing salaries, and thereby their pensions, below the level at which the current judges of the Federal Court were compensated. The Chairman of the Drafting Committee responded that this amendment presumed that the present Federal Court judges would continue to receive the same salary. It was outside the scope of the Drafting Committee to make such a decision, which would instead be left to Parliament; as such, the amendment was premature.The proposed amendment by the member was negatived, while the Assembly accepted the amendment proposed by the Chairman of the Drafting Committee. The amended Draft Article was passed by the Assembly, and it was adopted on 30th July 1949.", "qas": []}]}, {"title": "Article 260 Jurisdiction of the Union in relation to territories outside India..txt", "paragraphs": [{"context": "Article 260 Jurisdiction of the Union in relation to territories outside India.The Government of India may by agreement with the Government of any territory not being part of the territory of India undertake any executive, legislative or judicial functions vested in the Government of such territory, but every such agreement shall be subject to, and governed by, any law relating to the exercise of foreign jurisdiction for the time being in force.", "qas": []}]}, {"title": "Article 328 Power of Legislature of a State to make provision with respect to elections to such Legislature..txt", "paragraphs": [{"context": "Article 328 Power of Legislature of a State to make provision with respect to elections to such Legislature.Subject to the provisions of this Constitution and in so far as provision in that behalf is not made by Parliament, the Legislature of a State may from time to time by law make provision with respect to all matters relating to, or in connection with, the elections to the House or either House of the Legislature of the State including the preparation of electoral rolls and all other matters necessary for securing the due constitution of such House or Houses.", "qas": []}]}, {"title": "Article 243ZF Continuance of existing laws and Municipalities..txt", "paragraphs": [{"context": "Article 243ZF Continuance of existing laws and Municipalities.Notwithstanding anything in this Part, any provision of any law relating to Municipalities in force in a State immediately before the commencement of the Constitution (Seventy-fourth Amendment) Act, 1992, which is inconsistent with the provisions of this Part, shall continue to be in force until amended or repealed by a competent Legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier: Provided that all the Municipalities existing immediately before such commencement shall continue till the expiration of their duration, unless sooner dissolved by a resolution passed to that effect by the Legislative Assembly of that State or, in the case of a State having a Legislative Council, by each House of the Legislature of that State.", "qas": []}]}, {"title": "Article 368 Power of Parliament to amend the Constitution and procedure therefor..txt", "paragraphs": [{"context": "Article 368 Power of Parliament to amend the Constitution and procedure therefor.(1) Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article.(2)An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting, it shall be presented to the President who shall give his assent to the Bill and thereupon] the Constitution shall stand amended in accordance with the terms of the Bill: Provided that if such amendment seeks to make any change in \u2014(a) article 54, article 55, article 73, article 162 or article 241, or(b) Chapter IV of Part V, Chapter V of Part VI, or Chapter I of Part XI, or(c) any of the Lists in the Seventh Schedule, or(d) the representation of States in Parliament, or(e) the provisions of this article,the amendment shall also require to be ratified by the Legislatures of not less than one-half of the States by resolutions to that effect passed by those Legislaturesbefore the Bill making provision for such amendment is presented to the President for assent.(3) Nothing in article 13 shall apply to any amendment made under this article.(4) No amendment of this Constitution (including the provisions of Part III) made or purporting to have been made under this article [whether before or after the commencement of section 55 of the Constitution (Fortysecond Amendment) Act, 1976] shall be called in question in any court on any ground.(5) For the removal of doubts, it is hereby declared that there shall be no limitation whatever on the constituent power of Parliament to amend by way of addition, variation or repeal the provisions of this Constitution under this article.", "qas": []}]}, {"title": "Article 243ZA Elections to the Municipalities..txt", "paragraphs": [{"context": "Article 243ZA Elections to the Municipalities.(1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Municipalities shall be vested in the State Election Commission referred to in article 243K.(2) Subject to the provisions of this Constitution, the Legislature of a State may, by law, make provision with respect to all matters relating to, or in connection with, elections to the Municipalities.", "qas": []}]}, {"title": "I to VIII Forms of Oaths or Affirmations.txt", "paragraphs": [{"context": "I to VIII Forms of Oaths or AffirmationsIForm of oath of office for a Minister for the Union:\u2014\u201cI, A. B., do swearinthenameofGod/ solemnly affirm that I will bear true faith and allegianceto the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India,] that I will faithfully and conscientiously discharge my duties as a Minister for the Union and that I will do right to all manner of people in accordance with the Constitution and the law, without fear or favour, affection or ill-will.\u201dIIForm of oath of secrecy for a Minister for the Union:\u2014\u201cI, A.B., do swear in the name of God/solemnly affirm that I will not directly or indirectlycommunicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as a Minister for the Union except as may be required for the due discharge of my duties as such Minister.\u201dIIIAForm of oath or affirmation to be made by a candidate for election to Parliament:\u2014\u201cI, A.B., having been nominated as a candidate to fill a seat in the Council of States (or the House of the People)do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will uphold the sovereignty and integrity of India.\u201dBForm of oath or affirmation to be made by a member of Parliament:\u2014\u201cI, A.B., having been elected (or nominated) a member of the Council of States (or the House of the People) do swear in the name of God/solemnly affirm that I will bear true faith and allegianceto the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India and that I will faithfully discharge the duty upon which I am about to enter.\u201dIVForm of oath or affirmation to be made by the Judges of the Supreme Court and the Comptroller and Auditor-General of India:\u2014\u201cI, A.B., having been appointed Chief Justice (or a Judge) of the Supreme Courtof India (or Comptroller and Auditor-General of India) do swear in the name of God/solemnly affrim that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws.\u201dVForm of oath of office for a Minister for a State:\u2014\u201cI, A.B., do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to theConstitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will faithfully and conscientiously discharge my duties as a Minister for the State of.......... and that I will do right to all manner of people in accordance with the Constitution and the law without fear or favour, affection or ill-will.\u201dVIForm of oath of secrecy for a Minister for a State:\u2014\u201cI, A.B., do swear in the name of God/solemnly affirm that I will not directly or indirectlycommunicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as a Minister for the State of .................... except as may be required for the due discharge of my duties as such Minister.\u201dVII AForm of oath or affirmation to be made by a candidate for election to the Legislature of a State:\u2014\u201cI, A.B., having been nominated as a candidate to fill a seat in the Legislative Assembly (or Legislative Council), do swear in the name of God/solemnly affirm that I will bear truefaith and allegiance to the Constitution of India as by law established and that I will uphold the sovereignty and integrity of India.\u201dBForm of oath or affirmation to be made by a member of the Legislature of a State:\u2014\u201cI, A.B., having been elected (or nominated) a member of the Legislative Assembly (or Legislative Council), do swear in the name of God/solemnly affirm that I will bear true faith andallegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India and that I will faithfully discharge the duty upon which I am about to enter.\u201dVIIIForm of oath or affirmation to be made by the Judges of a High Court:\u2014\u201cI, A.B., having been appointed Chief Justice (or a Judge) of the High Court at (or of)..........do swear in the name of God/solemnly affirm that I will bear true faith and allegiance tothe Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my officewithout fear or favour, affection or ill- will and that I will uphold the Constitution and the laws.\u201d", "qas": []}]}, {"title": "Article 351 Directive for development of the Hindi language..txt", "paragraphs": [{"context": "Article 351 Directive for development of the Hindi language.It shall be the duty of the Union to promote the spread of the Hindi language, to develop it so that it mayserve as a medium of expression for all the elements of the composite culture of India and to secure its enrichment by assimilating without interfering with its genius, the forms, style and expressions used in Hindustani and in the other languages of India specified in the Eighth Schedule, and by drawing, wherever necessary or desirable, for its vocabulary, primarily on Sanskrit and secondarily on other languages.", "qas": []}]}, {"title": "Article 265 Taxes not to be imposed save by authority of law..txt", "paragraphs": [{"context": "Article 265 Taxes not to be imposed save by authority of law.No tax shall be levied or collected except by authority of law.", "qas": []}]}, {"title": "Article 132 Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases..txt", "paragraphs": [{"context": "Article 132 Appellate 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 orother proceeding, if the High Court certifies under article 134Athat the case involves a substantial question of law as to the interpretation of this Constitution.(3) Where such a certificate is given,any party in the case may appeal to the Supreme Court on the ground that any such question as aforesaid has been wrongly decided.Explanation.\u2014For the purposes of this article, the expression \u201cfinal order\u201d includes an order deciding an issue which, if decided in favour of the appellant, would be sufficient for the final disposal of the case.Debate SummaryArticle 110, Draft Constitution, 1948(1) An appeal shall lie to the Supreme Court from any judgment, decree or final order of a High Court in a State, whether in a civil, criminal or other proceeding, if the High Court certifies that the case involves a substantial question of law as to the interpretation of this Constitution.(2) Where the High Court has refused to give such a certificate, the Supreme Court may, if it is satisfied that the case involves a substantial question of law as to the interpretation of this Constitution, grant special leave to appeal from such judgment, decree or final order.(3) Where such a certificate is given, or such leave is granted, any party in the case may appeal to the Supreme Court not only on the ground that any such question as aforesaid has been wrongly decided, but also on any other ground.Explanation.-For the purposes of this article, the expression \"final order\" includes an order deciding an issue which, if decided in favour of the appellant, would be sufficient for the final disposal of the case.Draft Article 110 (Article 132, Constitution of India, 1950) was debated on 3rd June 1949. It conferred appellate jurisdiction to the Supreme Court for cases emerging from the High Courts that involved crucial questions on the interpretation of the Constitution.A member sought to substitute \u2018State\u2019 in clause 1 with \u2018territory of India\u2019. He argued that \u2018State\u2019 would have a more restrictive scope \u2013 it would leave out provinces which would be acquired and would join India.There was a proposal to omit \u2018as to the interpretation of this Constitution\u2019 from clauses (1) and (3). He pointed out that by qualifying an issue to be a substantive question of law relating to the interpretation of the Constitution, crucial questions and defects relating to other laws would be unchallenged. \u2018Grossest violations\u2019 in the Indian Penal Code, the Evidence Act and other laws could not be appealed to the Supreme Court. Consequentially, the High Courts must be empowered to grant appeal certificate to all cases including issues on substantive questions of law. Since the Supreme Court would be vested with the powers of the erstwhile Privy Council and Federal Courts, there was no need to restrict the Supreme Court\u2019s appellate jurisdiction.A member from the Drafting Committee responded to the above concerns. He clarified the scope of the Draft Article: \u2018irrespective of any value, if a substantial question as to the interpretation of the constitution arises, an appeal lies o the Supreme Court\u2019. So, the Draft Article dealt solely with constitutional questions. With respect to claims relating to other laws/subject matters, subsequent articles covered the Supreme Court\u2019s jurisdiction. Draft Article 111 and 112 allowed the Court to hear appeals on a variety of issues that would cover any criminal or civil issues. The Chairman of the Drafting Committee reiterated his colleague's arguments. He stressed that the Draft Article concerned jurisdiction regarding only constitutional issues, other issues are covered under Draft Article 111.The Assembly accepted a minor amendment as moved by the Drafting Committee \u2013 other proposals were negatived. The Article was adopted on 3rd June 1949.", "qas": []}]}, {"title": "Article 71 Matters relating to, or connected with, the election of a President or Vice-President.txt", "paragraphs": [{"context": "Article 71 Matters 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 decision shall be final.(2) If the election of a person as President or Vice - President is declared void by the Supreme Court, acts done by him in the exercise and performance of the powers and duties of the office of President or Vice - President, as the case may be, on or before the date of the decision of the Supreme Court shall not be invalidated by reason of that declaration.(3) Subject to the provisions of this Constitution, Parliament may by law regulate any matter relating to or connected with the election of a President or Vice - President.(4) The election of a person as President or Vice - President shall not be called in question on the ground of the existence of any vacancy for whatever reason among the members of the electoral college electing himDebate SummaryArticle 58, Draft Constitution 1948(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 decision shall be final.(2) Subject to the provisions of this Constitution, Parliament may by law regulate any matter relating to or connected with the election of a President or Vice-President.Draft Article 58 (Article 71, Constitution of India 1950) was discussed on 29th December 1948.It laiddown the scope of review of elections of the President and the Vice-President.Draft Article was not subject to debate. The Assembly adopted it without any amendments on 29th December 1948.", "qas": []}]}, {"title": "Article 200 Assent to Bills..txt", "paragraphs": [{"context": "Article 200 Assent to Bills.When a Bill has been passed by the Legislative Assembly of a State or, in the case of a State having a Legislative Council, has been passed by both Houses of the Legislature of the State, it shall be presented to the Governor and the Governor shall declare either that he assents to the Bill or that he withholds assent therefrom or that he reserves the Bill for the consideration of the President: Provided that the Governor may, as soon as possible after the presentation to him of the Bill for assent, return the Bill if it is not a Money Bill together with a message requesting that the House or Houses will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message and,when a Bill is so returned, the House or Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the House or Houses with or without amendment and presented to the Governor for assent, the Governor shall not withhold assent therefrom: Provided further that the Governor shall not assent to, but shall reserve for the consideration of the President, any Bill which in the opinion of the Governor would, if it became law, so derogate from the powers of the High Court as to endanger the position which that Court is by this Constitution designed to fill.", "qas": []}]}, {"title": "Article 361B Disqualification for appointment on remunerative political post..txt", "paragraphs": [{"context": "Article 361B Disqualification for appointment on remunerative political post.A member of a House belonging to any political party who is disqualified for being a member of the House under paragraph 2 of the Tenth Schedule shall also be disqualified to hold any remunerative political post for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or till the date on which he contests an election to a House and is declared elected, whichever is earlier.Explanation. \u2014 For the purposes of this article, \u2014(a) the expression \u201cHouse\u201d has the meaning assigned to it in clause (a) of paragraph 1 of the Tenth Schedule;(b) the expression \u201cremunerative political post\u201d means any office \u2014(i) under the Government of India or the Government of a State where the salary or remuneration for such office is paid out of the public revenue of the Government of India or the Government of the State, as the case may be; or(ii) under a body, whether incorporated or not, which is wholly or partially owned by the Government of India or the Government of a State and the salary or remuneration for such office is paid by such body,except where such salary or remuneration paid is compensatory in nature.", "qas": []}]}, {"title": "Article 134A Certificate for appeal to the Supreme Court.txt", "paragraphs": [{"context": "Article 134A Certificate 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 134, \u2014(a) may, if it deems fit so to do, on its own motion; and(b) shall, if an oral application is made, by or on behalf of the party aggrieved, immediately after the passing or making of such judgment, decree, final order or sentence,determine, as soon as may be after such passing or making, the question whether a certificate of the naturereferred to in clause (1) of article 132, or clause (1) of article 133 or, as the case may be, sub-clause (c) of clause (1) of article 134, may be given in respect of that case.Debate SummaryArticle 134A was not a part ofthe Draft Constitution, 1948. It was inserted by the Constitution (42nd Amendment) Act, 1976.", "qas": []}]}, {"title": "Article 369 Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List..txt", "paragraphs": [{"context": "Article 369 Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List.Notwithstanding anything in this Constitution, Parliament shall, during a period of five years from the commencement of this Constitution, have power to make laws with respect to the following matters as if they were enumerated in the Concurrent List, namely: \u2014(a) trade and commerce within a State in, and the production, supply and distribution of, cotton and woollen textiles, raw cotton (including ginned cotton and unginned cotton or kapas), cotton seed, paper (including newsprint), food-stuffs (including edible oilseeds and oil), cattle fodder (including oil-cakes and other concentrates), coal (including coke and derivatives of coal), iron, steel and mica;(b) offences against laws with respect to any of the matters mentioned in clause (a), jurisdiction and powers of all courts except the Supreme Court with respect to any of those matters, and fees in respect of any of those matters but not including fees taken in any court;but any law made by Parliament, which Parliament would not but for the provisions of this article have been competent to make, shall, to the extent of the incompetency, cease to have effect on the expiration of the said period, except as respects things done or omitted to be done before the expiration thereof.", "qas": []}]}, {"title": "Article 371H Special provision with respect to the State of Arunachal Pradesh..txt", "paragraphs": [{"context": "Article 371H Special provision with respect to the State of Arunachal Pradesh.Notwithstanding anything in this Constitution, \u2014(a) the Governor of Arunachal Pradesh shall have special responsibility with respect to law and orderin the State of Arunachal Pradesh and in the discharge of his functions in relation thereto, the Governor shall, after consulting the Council of Ministers, exercise his individual judgment as to the action to be taken: Provided that if any question arises whether any matter is or is not a matter as respects which the Governor is under this clause required to act in the exercise of his individual judgment, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in the exercise of his individual judgment: Provided further that if the President on receipt of a report from the Governor or otherwise is satisfied that it is no longer necessary for the Governor to have special responsibility with respect to law and order in the State of Arunachal Pradesh, he may by order direct that the Governor shall cease to have such responsibility with effect from such date as may be specified in the order;(b) the Legislative Assembly of the State of Arunachal Pradesh shall consist of not less than thirty members.", "qas": []}]}, {"title": "Article 72 Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases..txt", "paragraphs": [{"context": "Article 72 Power 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 offence \u2014(a) in all cases where the punishment or sentence is by a Court Martial;(b) in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends;(c) in all cases where the sentence is a sentence of death.(2) Nothing in sub-clause (a) of clause (1) shall affect the power conferred by law on any officer of the Armed Forces of the Union to suspend, remit or commute a sentence passed by a Court Martial.(3) Nothing in sub-clause (c) of clause (1) shall affect the power to suspend, remit or commute a sentence of death exercisable by the Governorof a State under any law for the time being in force.Debate SummaryArticle 59, Draft Constitution 1948(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 offence-(a) In all cases where the punishment or sentence is by a Court Martial;(b) In all cases where the punishment or sentence is for an offence under any law relating to a matter with respect to which Parliament has, and the Legislature of the State in which the offence is committed has not, power to make laws:(c) In all cases where the sentence is a sentence of death.(2) Nothing in sub-clause (a) of clause (1) of this article shall affect the power conferred by law on any officer of the Armed Forces of India to suspend, remit or commute a sentence passed by a Court Martial.(3) Nothing in sub-clause (c) of clause (1) of this article shall affect the power to suspend, remit or commute a sentence of death exercisable by the Governor or the Ruler of the State under any law for the time being in force.Draft Article 59 (Article 72, Constitution of India 1950) was debated on 29th December 1948 and 17th October 1949. It dealtwith the President\u2019s pardoning power.A member proposedto delete clause 3 of the Draft Article. He argued that as the \u2018Supreme Head of the State\u2019 only the President must have the power to decide on clemency pleas. He invoked American and English examples to demonstrate how pardoning power is usually restricted to the representative of a nation. If the Governor or Ruler of the Indian States also shared this power, it would impinge on India\u2019s federalism and sovereignty. In response, a member argued against the proposal. He noted how the Governor would be best placed to decide on pardoning cases as he/she would be \u2018better informed\u2019. He also pointed out that as an appointee of the Prime Minister, the Governor was responsible to the legislature. This would keep a check on his/her exercise of the pardoning power.The Chairman of the Drafting Committee clarified the general principles of this Draft Article. The pardoning power for offences committed against Federal laws would be with the President and for those committed against Statelaws would be with the Governor. However, with respect to the death penalty, both would have clemency power. The Chairman, responding to the proposal to remove clause 3, pointed out that the Draft Article put in place the existing practice. The Governor on Home Minister\u2019s advice would decide on the pardoning pleas first. Only the rejected pleas would then go to the President.The Assembly adopted the Draft Article without any amendments on 29th December 1948. The Draft Article was reopened for discussion on 17th October 1949 and adopted with a minor amendment.", "qas": []}]}, {"title": "Article 31D Saving of laws in respect of anti-national activities..txt", "paragraphs": [{"context": "Article 31D Saving of laws in respect of anti-national activities.[Saving of laws in respect of anti-national activities.] Rep. by the Constitution (Forty-third Amendment) Act, 1977, s. 2 (w.e.f. 13-4-1978).", "qas": []}]}, {"title": "Article 243Q Constitution of Municipalities..txt", "paragraphs": [{"context": "Article 243Q Constitution of Municipalities.(1) There shall be constituted in every State, \u2014(a) a Nagar Panchayat (by whatever name called) for a transitional area, that is to say, an area in transition from a rural area to an urban area;(b) a Municipal Council for a smaller urban area; and(c) a Municipal Corporation for a larger urban area,in accordance with the provisions of this Part: Provided that a Municipality under this clause may not be constituted in such urban area or part thereof as the Governor may, having regard to the size of the area and the municipal services being provided or proposed to be provided by an industrial establishment in that area and such other factors as he may deem fit, by public notification, specify to be an industrial township.(2) In this article, \u201ca transitional area\u201d, \u201ca smaller urban area\u201d or \u201ca larger urban area\u201d means such area as the Governor may, having regard to the population of the area, the density of the population therein, the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as he may deem fit, specify by public notification for the purposes of this Part", "qas": []}]}, {"title": "Article 243P Definitions..txt", "paragraphs": [{"context": "Article 243P Definitions.In this Part, unless the context otherwise requires, \u2014(a) \u201cCommittee\u201d means a Committee constituted under article 243S;(b) \u201cdistrict\u201d means a district in a State;(c) \u201cMetropolitan area\u201d means an area having a population of ten lakhs or more, comprised in one or more districts and consisting of two or more Municipalities or Panchayats or other contiguous areas, specified by the Governor by public notification to be a Metropolitan area for the purposes of this Part;(d) \u201cMunicipal area\u201d means the territorial area of a Municipality as is notified by the Governor;(e) \u201cMunicipality\u201d means an institution of selfgovernment constituted under article 243Q;(f) \u201cPanchayat\u201d means a Panchayat constituted under article 243B;(g) \u201cpopulation\u201d means the population as ascertained at the last preceding census of which the relevant figures have been published.", "qas": []}]}, {"title": "Article 139A Transfer of certain cases..txt", "paragraphs": [{"context": "Article 139A Transfer 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 the Supreme Court is satisfied on its own motion or on an application made by the Attorney-General of India or by a party to any such case that such questions are substantial questions of general importance, the Supreme Court may withdraw the case or cases pending before the High Court or the High Courts and dispose of all the cases itself:     Provided that the Supreme Court may after determining the said questions of law return any case so withdrawn together with a copy of its judgment on such questions to the High Court from which the case has been withdrawn, and the High Court shall on receipt thereof, proceed to dispose of the case in conformity with such judgment.(2) The Supreme Court may, if it deems it expedient so to do for the ends of justice, transfer any case, appeal or other proceedings pending before any High Court to any other High Court.Debate SummaryArticle 139A was not a part ofthe Draft Constitution, 1948. It was inserted by the Constitution (43rd Amendment) Act, 1977v.", "qas": []}]}, {"title": "Article 167 Duties of Chief Minister as respects the furnishing of information to Governor, etc..txt", "paragraphs": [{"context": "Article 167 Duties of Chief Minister as respects the furnishing of information to Governor, etc.It shall be the duty of the Chief Minister of each State \u2014(a) to communicate to the Governor of the State all decisions of the Council of Ministers relating to the administration of the affairs of the State and proposals for legislation;(b) to furnish such information relating to the administration of the affairs of the State and proposals for legislation as the Governor may call for; and(c) if the Governor so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.", "qas": []}]}, {"title": "Article 360 Provisions as to financial emergency..txt", "paragraphs": [{"context": "Article 360 Provisions as to financial emergency.(1) If the President is satisfied that a situation has arisen whereby the financial stability or credit of India or of any part of the territory thereof is threatened, he may by a Proclamation make a declaration to that effect.(2) A Proclamation issued under clause (1) \u2014(a) may be revoked or varied by a subsequent Proclamation;(b) shall be laid before each House of Parliament;(c) shall cease to operate at the expiration of two months, unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament: Provided that if any such Proclamation is issued at a time when the House of the People has been dissolved or the dissolution of the House of the People takes place during the period of two months referred to in subclause (c), and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People.(3) During the period any such Proclamation as is mentioned in clause (1) is in operation, the executive authority of the Union shall extend to the giving of directions to any State to observe such canons of financial propriety as may be specified in the directions, and to the giving of such other directions as the President may deem necessary and adequate for the purpose.(4) Notwithstanding anything in this Constitution \u2014(a) any such direction may include \u2014(i) a provision requiring the reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of a State;(ii) a provision requiring all Money Bills or other Bills to which the provisions of article 207 apply to be reserved for the consideration of the President after they are passed by the Legislature of the State;(b) it shall be competent for the President during the period any Proclamation issued under this article is in operation to issue directions for the reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of the Union including the Judges of the Supreme Court and the High Courts.", "qas": []}]}, {"title": "Article 315 Public Service Commissions for the Union and for the States..txt", "paragraphs": [{"context": "Article 315 Public Service Commissions for the Union and for the States.(1) Subject to the provisions of this article, there shall be a Public Service Commission for the Union and a Public Service Commission for each State.(2) Two or more States may agree that there shall be one Public Service Commission for that group of States, and if a resolution to that effect is passed by the House or, where there are two Houses, by each House of the Legislature of each of those States, Parliament may by law provide for the appointment of a Joint State Public Service Commission (referred to in this Chapter as Joint Commission) to serve the needs of those States.(3) Any such law as aforesaid may contain such incidental and consequential provisions as may be necessary or desirable for giving effect to the purposes of the law.(4) The Public Service Commission for the Union, if requested so to do by the Governor of a State, may, with the approval of the President, agree to serve all or any of the needs of the State.(5) References in this Constitution to the Union Public Service Commission or a State Public Service Commission shall, unless the context otherwise requires, be construed as references to the Commission serving the needs of the Union or, as the case may be, the State as respects the particular matter in question.", "qas": []}]}, {"title": "Article 60 Oath or affirmation by the President.txt", "paragraphs": [{"context": "Article 60 Oath 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 Chief Justice of India or, in his absence, the senior-most Judge of the Supreme Court available, an oath or affirmation in the following form, that is to say \u2014\"I, A.B., do swear in the name of God / solemnly affirmthat I will faithfully execute the office of President (or discharge the functions of the President) of India and will to the best of my ability preserve, protect and defend theConstitution and the law and that I will devote myself to the service and well-being of the people of India\u201d.Debate SummaryArticle 49, Draft Constitution of India, 1948Every 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 Chief Justice of India an affirmation or oath in the following form, that is to say-\"I, A. B., do solemnly affirm (or swear) that I will faithfully execute the office of President (or discharge the functions of the President) of India and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of India.\"The Constituent Assembly debated Draft Article 49 (Article 60, Constitution of India, 1950) on 27 December 1948. It puts downan oath or affirmation for the President to take before entering his/her office.A member wanted to explicitly mention \u2018God\u2019 in the oath. He was concerned with the lack of invocation of \u2018grace and blessing of God\u2019 in the Constitution. The Indian religious and spiritual legacy has given special prominence to God: every religion including Hinduism, Christianity, Islam and Sikhism invoke God in religious texts and ceremonies. He added that the Constitution was sacred and must be offered to God. In opposition, a member argued that this amendment would \u2018be excluding those people who have no faith in God at all\u2019. He noted that this amendment would create an 'obligation on people that they should have faith in God'.Another member passed a similar amendment. However, in his proposal \u2018agnostics\u2019 were given a choice to not invoke God and just \u2018solemnly affirm\u2019. This amendment, he argued, protected a person\u2019s freedom of faith. Mention of \u2018God\u2019 in the oath does not impinge on the \u2018secularity\u2019 of the Indian State. Further, when a person has taken an oath, they do so in their personal capacity and not as the official head of the State. He also drew on the British and Irish examples to demonstrate how the invocation of God does not lead to communalism.Generally opposing the use of \u2018God\u2019 in the oath, a member argued that it was unnecessary to invoke \u2018God\u2019 who is omnipresent. Instead, he urged that oath must be taken in the name of the people of India, as laid out in the Irish Constitution.There was a proposal to delete the Draft Article. The mover noted that the Constitution was human-made and imperfect, the name of perfect God should not be dragged into the Constitution.A member put forth a case for including promise to not promote one\u2019s interest and family\u2019s aggrandisement. He highlighted that the values of the Indian freedom struggle must not be \u2018copy-book maxim\u2019 but be extended to real life.The Chairman of the Drafting Committee was in support of the inclusion of \u2018God\u2019. He believed this would not alter the \u2018secular\u2019 state. It was pointed out that the oath did not carry any legal obligations; a person swearing an oath is bound by its 'purely moral'obligations. The President must have the liberty to swear in God\u2019s name or otherwise.The proposal to include God was accepted. The Assembly adopted the Draft Article on 27 December 1948.", "qas": []}]}, {"title": "Article 22 Protection against arrest and detention in certain cases..txt", "paragraphs": [{"context": "Article 22 Protection against arrest and detention in certain cases.(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.(2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.(3) Nothing in clauses (1) and (2) shall apply\u2014(a) to any person who for the time being is an enemy alien; or(b) to any person who is arrested or detained under any law providing for preventive detention.(4) No law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless\u2014(a) an Advisory Board consisting of persons who are, or have been, or are qualified to be appointedas, Judges of a High Court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention:Provided that nothing in this sub-clause shall authorise the detention of any person beyond the maximum period prescribed by any law made by Parliament under sub-clause (b) of clause (7); or(b) such person is detained in accordance with the provisions of any law made by Parliament under subclauses (a) and (b) of clause (7).(5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order.(6) Nothing in clause (5) shall require the authority making any such order as is referred to in that clause to disclose facts which such authority considers to be against the public interest to disclose.(7) Parliament may by law prescribe\u2014\n(a) the circumstances under which, and the class or classes of cases in which, a person may be detained for a period longer than three months under any law providing for preventive detention without obtaining the opinion of an Advisory Board in accordance with the provisions of sub-clause (a) of clause (4);(b) the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention; and(c) the procedure to be followed by an Advisory Board in an inquiry under sub-clause (a) of clause (4).Debate SummaryMoved in the Constituent Assembly on 15th September 1949 (not part of Draft Constitution, 1948)Protection against certain arrests and detentions. '15A. (1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult a legal practitioner of his choice.(2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.(3) Nothing in this article shall apply-(a) to any person who for the time being is an enemy alien; or(b) to any person who is arrested under any law providing for preventive detention; Provided that nothing in sub-clause (b) of clause (3) of this article shall permit the detention of a person for a longer period than three months unless-(a) an Advisory Board consisting of persons who are or have been or are qualified to be appointed as judges of a High Court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention, or(b) such person is detained in accordance with the provisions of any law made by Parliament under clause (4) of this article.(4) Parliament may by law prescribe the circumstances under which and the class or classes of cases in which a person who is arrested under any law providing for preventive detention may be detained for a period longer than three months and also the maximum period for which any such person may be so detained'.\"Draft Article 15A was debated in the Constituent Assembly on 15th and 16th September 1949.The Draft Article was introduced to compensate for the dropping of \u2018due process\u2019 in Draft Article 15 (Article 21, Constitution of India, 19509 that had generated criticism inside and outside the Assembly. It was said that the Draft Article raised the principles of justice contained in the Criminal Procedure Code to constitutional guarantees. This would protect individual liberty against executive or legislative action. Most Assembly members were not convinced, the Draft Article attracted a lot of criticism, and many amendments were moved. Some of the key points raised by the critics on the included: first, the Draft Article did not substantively align with \u2018due process\u2019, second, it took away existing safeguards that were in the Criminal Procedure Code, and third, the processes mentioned were vague \u2013 especially related to the role of the advisory board. Underlying the Assembly members\u2019 interventions was a common concern that the Draft Article did not do enough to protect the personal liberty of individuals against the executive and legislatures. There were some members, mainly those from the Assembly\u2019s Drafting Committee which drew up the Draft Article, who felt that most of the criticism was unfounded. However, some of the points raised were agreed to, and the corresponding amendments were accepted. In the end, the Assembly adopted the Draft Article with amendments. ", "qas": []}]}, {"title": "Article 243Y Finance Commission..txt", "paragraphs": [{"context": "Article 243Y Finance Commission.(1) The Finance Commission constituted under article 243-I shall also review the financial position of the Municipalities and make recommendations to the Governor as to \u2014(a) the principles which should govern\u2014(i) the distribution between the State and the Municipalities of the net proceeds of the taxes,duties, tolls and fees leviable by the State, which may be divided between them under this Part and the allocation between the Municipalities at all levels of their respective shares of such proceeds;(ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the Municipalities;(iii) the grants-in-aid to the Municipalities from the Consolidated Fund of the State;(b) the measures needed to improve the financial position of the Municipalities;(c) any other matter referred to the Finance Commission by the Governor in the interests of sound finance of the Municipalities.(2) The Governor shall cause every recommendation made by the Commission under this article together with an explanatory memorandum as to the action taken thereon to be laid before the Legislature of the State.", "qas": []}]}, {"title": "Article 73 Extent of executive power of the Union..txt", "paragraphs": [{"context": "Article 73 Extent of executive power of the Union.(1) Subject to the provisions of this Constitution, the executive power of the Union shall extend \u2014(a) to the matters with respect to which Parliament has power to make laws; and(b) to the exercise of such rights, authority and jurisdiction as are exercisable by the Government of India by virtue of any treaty or agreement:Provided that the executive power referred to in subclause (a) shall not, save as expressly provided in this Constitution or in any law made by Parliament, extend in any Stateto matters with respect to which the Legislature of the State has also power to make laws.(2) Until otherwise provided by Parliament, a State and any officer or authority of a State may, notwithstanding anything in this article, continue to exercise in matters with respect to which Parliament has power to make laws for that State such executive power or functions as the State or officer or authority thereof could exercise immediately before the commencement of this Constitution.Debate SummaryArticle 60, Draft Constitution 1948(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; and(b) To the exercise of such rights, authority and jurisdiction as are exercisable by the Government of India by virtue of any treaty or agreement:Provided that the executive power referred to in sub-clause (a) of this clause shall not, save as expressly provided in this Constitution or in any law made by Parliament, extend in any State to matters with respect to which the Legislature of the State has also power to make laws.(2) Until otherwise provided by Parliament, a State and any officer or authority of a State may, notwithstanding anything contained in this article, continue to exercise in matters with respect to which Parliament has power to make laws for that State such executive power or functions as the State or officer or authority thereof could exercise immediately before the commencement of this Constitution.Draft Article 60 (Article 73 of the Constitution of India, 1950) was discussed on 29th and 30th December 1948. This article laid down the scope of the executive power of the Union.A member moved an amendment to delete proviso to clause 1. Further, he sought to amend clause 1 to give the Union executive power on only mattersrelating to theUnion List. He argued that this Article impaired the federal structure by centralising the power with the Parliament. Through his amendments, provincial autonomy would be protected and the central government would not be given prominence in matters relating to the Concurrent list. In support, another member noted that while the Parliament has legislative power on matters relating to the Concurrent List, this must not translate into the Union Government having executive power on these matters. Instead, in the interest of efficient and good governance, the State government must be entrusted with this power. Another member came down heavily on this article. He said: \u201cthis clause as it stands is sure to convert the Federation into an entirely unitary form of Government\u201d. He highlighted that \u2018provincial autonomy\u2019 was in practice even during colonial rule and departure from this principle would result in \u2018totalitarianism\u2019.A member of the Drafting Committee opposed these amendments. He suggested that the nature of federalism in India would take shape with time and the Assembly should refrain from adopting a theoretical approach to it. Moreover, the proviso to clause 1 would ensure clear and precise allocation of executive responsibility. Further, the Chairman of the Drafting Committee clarified the general principles of the proviso. First, the power to execute laws made by the Parliament on matters relating to Concurrent List ordinarily rested with the states. Second, only in exceptional circumstances, the Parliament could take on executive authority in these matters. In defence of the proviso, he invoked references to the Australian federal framework. He also noted that this proviso would enable the Central Government to put laws relating to social issues in action. This would ensure implementation of social laws in cases where states were not keen. The amendments did not come through. The Assembly adopted the Draft Article on 30th December 1948.", "qas": []}]}, {"title": "Article 83 Duration of Houses of Parliament..txt", "paragraphs": [{"context": "Article 83 Duration 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 second year in accordance with the provisions made in that behalf by Parliament by law.(2) The House of the People, unless sooner dissolved, shall continue for five yearsfrom the date appointed for its first meeting and no longer and the expiration of the said period of five yearsshall operate as a dissolution of the House:Provided that the said period may, while a Proclamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate.Debate 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l(n){try{e.emit(\"internal-error\",n)}catch(t){}}return e||(e=i),t.inPlace=u,t.flag=a,t}},{}]},{},[\"loader\"]);Article 68, Draft Constitution 1948(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 second year in accordance with the provisions made in that behalf by Parliament by law.(2) The House of the People, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer, and the expiration of the said period of five years shall operate as the dissolution of the House:Provided that the said period may, while a Proclamation of Emergency is in operation, be extended by the President for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate.Draft Article 68 (Article 83, Constitution of India, 1950), was debated on 18th May 1949. It prescribed the duration of each of the Houses of Parliament.The Chairman of the Drafting Committee moved an amendment that sought to replace the words \u2018by the President\u2019 in the proviso, with \u2018by Parliament by law\u2019. He argued that this extraordinary power during Emergency should be with the Parliament and not the President. Other members opposed this amendment as they believed that the President, who is representative of the nation, must be given the power to extend the duration of the Parliament. One member opposed the draft article in its entirety, claiming that regardless of the nature of the emergency, people should have the right to elect new representatives every five years.Another member moved an amendment that sought to maintain the 5-year symmetry of election in the House of People: through this amendment, the mover proposed that the term of the House of People elected after emergency must be only for the remaining period \u2018for which it would have been elected if the dissolution had taken place in the normal course\u2019.The Assembly adopted the Draft Article on 18 May 1949 with minor amendments moved by the Drafting Committee.", "qas": []}]}, {"title": "Article 51A Fundamental duties..txt", "paragraphs": [{"context": "Article 51A Fundamental duties.It shall be the duty of every citizen of India\u2014(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;c) to uphold and protect the sovereignty, unity and integrity of India;(d) to defend the country and render national service when called upon to do so;(e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;(f) to value and preserve the rich heritage of our composite culture;(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;(i) to safeguard public property and to abjure violence;(j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement;(k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.Debate SummaryArticle 51A was not included in the Draft Constitution, 1948. It was inserted by theConstitution (42nd Amendment) Act, 1976 and subsequently amended by the Constitution (86th Amendment) Act, 2002.", "qas": []}]}, {"title": "Article 329 Bar to interference by courts in electoral matters..txt", "paragraphs": [{"context": "Article 329 Bar to interference by courts in electoral matters.Notwithstanding anything in this Constitution \u2014(a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 327 or article 328, shall not be called in question in any court;(b) no election to either House of Parliament or to the House or either House of the Legislature of a State shall be called in question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate Legislature.", "qas": []}]}, {"title": "Article 177 Rights of Ministers and Advocate General as respects the Houses..txt", "paragraphs": [{"context": "Article 177 Rights of Ministers and Advocate General as respects the Houses.Every Minister and the Advocate-General for a State shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly of the State or, in the case of a State having a LegislativeCouncil, both Houses, and to speak in, and otherwise to take part in the proceedings of, any committee of the Legislature of which he may be named a member, but shall not, by virtue of this article, be entitled to vote.", "qas": []}]}, {"title": "Article 378A Special provision as to duration of Andhra Pradesh Legislative Assembly..txt", "paragraphs": [{"context": "Article 378A Special provision as to duration of Andhra Pradesh Legislative Assembly.Notwithstanding anything contained in article 172, the Legislative Assembly of the State of Andhra Pradesh as constituted under the provisions of sections 28 and 29 of the States Reorganisation Act, 1956, shall, unless sooner dissolved, continue for a period of five years from the date referred to in the said section 29 and no longer and the expiration of the said period shall operate as a dissolution of that Legislative Assembly.", "qas": []}]}, {"title": "Article 75 Other provisions as to Ministers..txt", "paragraphs": [{"context": "Article 75 Other 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 number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed fifteen per cent. of the total number of members of the House of the People.(1B) A member of either House of Parliament belonging to any political party who is disqualified for being a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to either House of Parliament before the expiry of such period, till the date on which he is declared elected, whichever is earlier.(2) The Ministers shall hold office during the pleasure of the President.(3) The Council of Ministers shall be collectively responsible to the House of the People.(4) Before a Minister enters upon his office, the President shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule.(5) A Minister who for any period of six consecutive months is not a member of either House of Parliament shall at the expiration of that period cease to be a Minister.(6) The salaries and allowances of Ministers shall be such as Parliament may from time to time by law determine and, until Parliament so determines, shall be as specified in the Second Schedule.Debate SummaryDraft Article 62(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.(2) The ministers shall hold office during the pleasure of the President.(3) The Council shall be collectively responsible to the House of the People.(4) Before a minister enters upon his office, the President shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule.(5) A minister who, for any period of six consecutive months, is not a member of either House of Parliament shall at the expiration of that period cease to be a minister.(6) The salaries and allowances of ministers shall be such as Parliament may from time to time by law determine and, until Parliament so determine, shall be as specified in the Second Schedule.Draft Article 62 (Article 75 of the Constitution of India, 1950) was debated on 30 December 1948, 31 December 1948, 14 October 1949 and 17 October 1949. This article sought to govern the office of the Prime Minister and Ministers. Importantly, it established the collective responsibility of the Ministers to the House of People.A member wanted to introduce a new provision to regulate the removal of Ministers. He argued that encoding this would prevent misuse of power by the future legislature on the Ministers. This would ensure non-interference and smooth administration of the responsibilities of the Ministers.There was a proposal to ensure that the Prime Minister would be appointed from a political party with the majority votes in the Parliament. This would enable a stable Ministry that \u2018commands confidence in the House\u2019. The Chairman of the Drafting Committee moved an amendment that would mandate the President to follow the Instrument of Instructions to exercise his/her power. It also barred the scrutiny of decisions taken by the President. A member was against such bar, he argued that this would give rise to an \u2018autocratic President\u2019 as opposed to a \u2018constitutional President\u2019.A member sought to replace \u2018pleasure of the President\u2019 with \u2018confidence of the House of People\u2019. He highlighted that this proposal was not motivated by communalism, instead, it merely codified an existing convention. He argued that as a matter of practice, the Ministers held their position only as long as they commanded the confidence of the House of People. This convention which found its practice in Britain and America needed to be written in the Constitution and not left out for future ambiguities or Supreme Court interpretation.In order to be appointed as a Minister, one member proposed, he/she should have been elected from the House of People. He pointed out that the appointing \u2018permanent Ministers\u2019 from the nominated members of the Parliament would violate democratic principles. Only a member who had the confidence of the electorate must be made a Minister.Only the proposal of the Drafting Committee Chairman was accepted. The Assembly adopted the Draft Article on 31 December 1948. However, the Drafting Committee moved to delete their earlier amendment on 14 October 1949.", "qas": []}]}, {"title": "Article 42 Provision for just and humane conditions of work and maternity relief..txt", "paragraphs": [{"context": "Article 42 Provision for just and humane conditions of work and maternity relief.The State shall make provision for securing just and humane conditions of work and for maternity relief.Debate SummaryArticle 42 (Draft Article 33) seeks to ensure humane work conditions and provide for maternity relief.There was no substantive debate around this Article and it was adopted on 23 November 1948.", "qas": []}]}, {"title": "Article 31B Validation of certain Acts and Regulations..txt", "paragraphs": [{"context": "Article 31B Validation of certain Acts and Regulations.Without prejudice to the generality of the provisions contained in article 31A, none of the Acts and Regulations specified in the Ninth Schedule nor any of the provisions thereof shall be deemed to be void, or ever to have become void, on the ground that such Act, Regulation or provision is inconsistent with, or takes away or abridges any of the rights conferred by, any provisions of this Part, and notwithstanding any judgment, decree or order of any court or Tribunal to the contrary, each of the said Acts and Regulations shall, subject to the power of any competent Legislature to repeal or amend it, continue in force.Debate SummaryThis provision was inserted by the Constitution (First Amendment Act), 1951.", "qas": []}]}, {"title": "Article 212 Courts not to inquire into proceedings of the Legislature..txt", "paragraphs": [{"context": "Article 212 Courts not to inquire into proceedings of the Legislature.(1) The validity of any proceedings in the Legislature of a State shall not be called in question on the ground of any alleged irregularity of procedure.(2) No officer or member of the Legislature of a State in whom powers are vested by or under this Constitution for regulating procedure or the conduct of business, or for maintaining order, in the Legislature shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers.", "qas": []}]}, {"title": "Article 48A Protection and improvement of environment and safeguarding of forests and wild life..txt", "paragraphs": [{"context": "Article 48A Protection and improvement of environment and safeguarding of forests and wild life.The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.Debate SummaryThis provision was inserted through the Constitution (Forty Second Amendment) Act, 1976.", "qas": []}]}, {"title": "Article 1 Name and territory of the Union.txt", "paragraphs": [{"context": "Article 1 Name and territory of the Union(1) India, that is Bharat, shall be a Union of States.(2) The States and the territories thereof shall be as specified in the First Schedule.(3) The territory of India shall comprise \u2014(a) the territories of the States;(b) the Union territories specified in the First Schedule; and(c) such other territories as may be acquired.Debate SummaryArticle 1, Draft Constitution, 1948(1)India shall be a Union of States.(2) The States shall mean the States for the time being specified in Parts I, II and III of the First Schedule.(3)The territory of India shall comprise-(a) The territories of the States;(b)The territories for the time being specified in Part IV of the First Schedule; and(c) Such other territories as may be acquired.\nDraft Article 1 (Article 1) was debated on 15th and 17th November 1948, and 17th and 18thSeptember 1949. It defines the name and territory of India.A member of the Drafting Committee clarified the object of using the term \u2018Union of States\u2019: it was to make it explicit that India was a federation of states. Thefederation was an indestructible unit andnot a result of an agreement between states.Another member proposed to add \u2018Secular, Federal, Socialist\u2019 to \u2018Union of States\u2019. He argued that, as the Preamble of the Constitution was not yet adopted, Draft Article 1 should embody \u2018aspirations\u2019 that the Constitution seeks to achieve. The Chairman of the Drafting Committee opposed this amendment. He notedthat the social and economic policy decisions were tobe taken by elected parliamentarians. To encode the form of society would destroy \u2018democracy altogether\u2019. He further pointed out several Directive Principles of the State Policy including the right to livelihood, redistribution of material resources and equal pay for equal work weresocialistic. There was no need to include \u2018socialist\u2019 in Draft Article 1.Some members suggested alternative names to India. One wanted \u2018Bharat\u2019 or \u2018Hind\u2019 to gain more prominence and to be placed before \u2018India\u2019. Another suggested \u2018Union of Indian Socialistic republics U. I. S. R.\u2019 on the lines of the U. S. S. R.When all the proposals were put to vote, they were negatived. The Assembly adopted Draft Article 1 on 18 September 1949.", "qas": []}]}, {"title": "Article 49 Protection of monuments and places and objects of national importance.txt", "paragraphs": [{"context": "Article 49 Protection of monuments and places and objects of national importanceIt shall be the obligation of the State to protect every monument or place or object of artistic or historic interest, declared by or [under law made by Parliament] to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.Debate SummaryDraft Article 39 (Article 49 of the Constitution of India, 1950) was debated on November 24, 1948. \u2018Under law made by Parliament\u2019 was inserted by the Constitution (Seventh Amendment Act), 1956. While preservation of history was deemed significant in general, the only debate was on whether the parliament should have the power to make these declarations. This power has today been constitutionally extended.", "qas": []}]}, {"title": "Article 193 Penalty for sitting and voting before making oath or affirmation under article 188 or when not qualified or when disqualified..txt", "paragraphs": [{"context": "Article 193 Penalty for sitting and voting before making oath or affirmation under article 188 or when not qualified or when disqualified.If a person sits or votes as a member of the Legislative Assembly or the Legislative Council of a State before he has complied with the requirements of article 188, or when he knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by Parliament or the Legislature of the State, heshall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the State.", "qas": []}]}, {"title": "Article 118 Rules of procedure..txt", "paragraphs": [{"context": "Article 118 Rules 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 made under clause (1), the rules of procedure and standing orders in force immediately before the commencement of this Constitution with respect to the Legislature of the Dominion of India shall have effect in relation to Parliament subject to such modifications and adaptations as may be made therein by the Chairman of the Council of States or the Speaker of the House of the People, as the case may be.(3) The President, after consultation with the Chairman of the Council of States and the Speaker of the House of the People, may make rules as to the procedure with respect to joint sittings of, and communications between, the two Houses.(4) At a joint sitting of the two Houses the Speaker of the House of the People, or in his absence such person as may be determined by rules of procedure made under clause (3), shall preside.Debate SummaryArticle 98, Draft Constitution, 1948(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 made under clause (1) of this article, the rules of procedure and standing orders in force immediately before the commencement of this Constitution with respect to the Legislature of the Dominion of India shall have effect in relation to Parliament subject to such modifications and adaptations as may be made therein by the Chairman of the Council of States or the Speaker of the House of the People, as the case may be.(3) The President, after consultation with the Chairman of the Council of States and the Speaker of the House of the People, may make rules as to the procedure with respect to joint sittings of, and communications between, the two Houses.(4) At a joint sitting of the two Houses the Speaker of the House of the People, or in his absence such person as may be determined by rules of procedure made under clause (3) of this article, shall preside.Draft Article 98 (Article 118, Constitution of India, 1950) was debated on 10th June 1949. It enabled each house of the Parliament to make its own rules of procedure.A member proposed that clause (4) of the Draft Article should allow for the Chairman of the Council of States to lead the joint sitting of the Parliament in case of the Speaker's absence. He argued that as the rules of procedure were framed by the President in consultation with the Chairman of the Council of States, the latter would find it difficult and embarrassing to propose his/herown name. Therefore, even though the Chairman was the most appropriate person to preside in the absence of the Speaker, he/shewould be unlikely to do so withoutan explicit provision. Several other members responded that as the Chairman was also the Vice-President of India, the amendment was highly improper as it seemingly put theVice-President below the Speaker.The amendment was subsequently withdrawnand the Assembly adoptedthe Draft Article on10th June 1949.", "qas": []}]}, {"title": "Article 365 Effect of failure to comply with, or to give effect to, directions given by the Union..txt", "paragraphs": [{"context": "Article 365 Effect of failure to comply with, or to give effect to, directions given by the Union.Where any State has failed to comply with, or to give effect to, any directions given in the exercise of the executive power of the Union under any of the provisions of this Constitution, it shall be lawful for the President to hold that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution.", "qas": []}]}, {"title": "Article 111 Assent to Bills..txt", "paragraphs": [{"context": "Article 111 Assent to Bills.When 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 withholds assent therefrom:   Provided that the President may, as soon as possible after the presentation to him of a Bill for assent, return the Bill if it is not a Money Bill to the Houses with a message requesting that they will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message, and when a Bill is so returned, the Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the Houses with or without amendment and presented to the President for assent, the President shall not withhold assent therefrom.Debate SummaryArticle 91, Draft Constitution, 1948When 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 withholds assent therefrom:Provided that the President may, not later than six weeks after the presentation to him of a Bill for assent, return the Bill if it is not a Money Bill to the Houses with a message requesting that they will reconsider the Bill or any specified provision thereof, and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message, and the Houses shall reconsider the Bill accordingly.Draft Article 91 (Article 111, Constitution of India, 1950) was debated on 20th May 1949. It regulated the President\u2019s assent to Bills.A member moved an amendment that would make it mandatory for the President to assent to a Bill. He argued that the President should not have a right to dissent in legislative business as he/she had a titular role and was \u2018analogous to the King in England\u2019.In the proviso, the Chairman of the Drafting Committee sought to replace \u2018not later than six weeks\u2019 to \u2018as soon as possible\u2019. Another member argued for further amending this phrase to \u2018as soon as may be\u2019 in order to give the President more time to respond to the Bill.After a Bill was sent back to the Parliament for reconsideration, what would happen if the President\u2019s suggestions were not taken into account and the Parliament sent the Bill back to the President? A member moved an amendment to make it compulsory for the President to provide assent if it was sent by the Parliament for the second time. Another memberproposed a very radical suggestion: if the President refused to provide assent, the House of the People would automatically dissolve and fresh elections were to be conducted. If the political party which was in power prior to the dissolution formed the government again, then the President would resign and the Bill would become an Act. In order to rectify this situation the Assembly decided to insert the following in the proviso: \u2018and if the Bill is passed again by the House with or without amendment and presented to the President for assent, the President shall not withhold assent therefrom.\u2019The Assembly did not accept any other proposals and adopted the Draft Article on 20th May 1949.", "qas": []}]}, {"title": "Article 301 Freedom of trade, commerce and intercourse..txt", "paragraphs": [{"context": "Article 301 Freedom of trade, commerce and intercourse.Subject to the other provisions of this Part, trade, commerce and intercourse throughout the territory of India shall be free.", "qas": []}]}, {"title": "Article 282 Expenditure defrayable by the Union or a State out of its revenues..txt", "paragraphs": [{"context": "Article 282 Expenditure defrayable by the Union or a State out of its revenues.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.", "qas": []}]}, {"title": "Article 373 Power of President to make order in respect of persons under preventive detention in certain cases..txt", "paragraphs": [{"context": "Article 373 Power of President to make order in respect of persons under preventive detention in certain cases.Until provision is made by Parliament under clause (7) of article 22, or until the expiration of one year from the commencement of this Constitution, whichever is earlier, the said article shall have effect as if for any reference to Parliament in clauses (4) and (7) thereof therewere substituted a reference to the President and for any reference to any law made by Parliament in those clauses there were substituted a reference to an order made by the President.", "qas": []}]}, {"title": "Article 95 Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker..txt", "paragraphs": [{"context": "Article 95 Power 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 the House of the People as the President may appoint for the purpose.(2) During the absence of the Speaker from any sitting of the House of the People the Deputy Speaker or, if he is also absent, such person as may be determined by the rules of procedure of the House, or, if no such person is present, such other person as may be determined by the House, shall act as Speaker.Debate SummaryArticle 78, Draft Constitution 1948(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 the House of the People as the President may appoint for the purpose.(2) During the absence of the Speaker from any sitting of the House of the People, the Deputy Speaker or, if he is also absent, such person as may be determined by the rules of procedure of the House, or, if no such person is present, such other person as may be determined by the House, shall act as Speaker.Draft Article 78 (Article 95, Constitution of India, 1950) was discussed on 19th May 1949. It provided for the Deputy Speaker or any other member as to fill in Speaker\u2019s role during his/her absence.There was no substantive debate around this Draft Article. The Assembly adopted it on 19th May 1949.", "qas": []}]}, {"title": "Article 98 Secretariat of Parliament..txt", "paragraphs": [{"context": "Article 98 Secretariat 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 Houses of Parliament.(2) Parliament may by law regulate the recruitment, and the conditions of service of persons appointed, to the secretarial staff of either House of Parliament.(3) Until provision is made by Parliament under clause (2), the President may, after consultation with the Speaker of the House of the People or the Chairman of the Council of States, as the case may be, make rules regulating the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the House of the People or the Council of States, and any rules so made shall have effect subject to the provisions of any law made under the said clause.Debate SummaryArticle 79A, Draft Constitution, 1948(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 Houses of Parliament.(2)Parliament may by law regulate the recruitment, and the conditions of service of persons appointed, to the secretarial staff of either House of Parliament.(3)Until provision is made by Parliament under clause (2) of this article, the President may. after consultation with the Speaker of the House of the People or the Chairman of the Council of States, as the case may be, make rules regulating the recruitment and the conditions of service of persons appointed to the secretarial staff of the House of the People or the Council of States, and any rules so made shall have effect subject to the provisions of any law made under the said clauseDraft Article 79A (Article 98, Constitution of India 1950) was debated on 30th July 1949. It laid down the office of Secretariat of Parliament. It was not a part of the original Draft Constitution, 1948. Instead, it was introduced as an amendment by the Drafting Committee.The Chairman of the Drafting Committee noted that the motivation to include this provision stemmed from a Conference organised by Speakers of various Provinces. Encoding this provision in the Constitution would ensure that the office of the Secretariat was not controlled by the Executive, instead, it would be appointed and regulated by the Parliament itself.A member believed that this Draft Article would protect the independence of the office of the Secretariat. He invoked his experiences as a Mayor and highlighted how the Secretariats for the Mayors were under complete control of the Executive. This led to several issues including denial of granting sufficient resources for the functioning of his office. This Draft Article would tackle these problems at the Parliament level.There was an argument made to lay down terms relating to appointment, promotions and conditions of service in this Draft Article itself. The member noted that such matters should not be left for the Parliament to decide. He went a step further and demanded \u2018Federal Public Service Commission\u2019 to be made in charge of the Secretariat, not the Parliament. This would ensure impartiality in appointing and running of the office.The Assembly did not accept these proposals. It adopted the Draft Article on 30th July 1949.", "qas": []}]}, {"title": "Article 344 Commission and Committee of Parliament on official language..txt", "paragraphs": [{"context": "Article 344 Commission and Committee of Parliament on official language.(1) The President shall, at the expiration of five years from the commencement of this Constitution and thereafter at the expiration of ten years from such commencement, by order constitute a Commission which shall consist of a Chairman and such other members representing the different languages specified in the Eighth Schedule as the President may appoint, and the ordershall define the procedure to be followed by the Commission.(2) It shall be the duty of the Commission to make recommendations to the President as to \u2014(a) the progressive use of the Hindi language for the official purposes of the Union;(b) restrictions on the use of the English language for all or any of the official purposes of the Union;(c) the language to be used for all or any of the purposes mentioned in article 348;(d) the form of numerals to be used for any one or more specified purposes of the Union;(e) any other matter referred to the Commission by the President as regards the official language of the Union and the language for communication between the Union and a State or between one State and another and their use.(3) In making their recommendations under clause (2), the Commission shall have due regard to the industrial, cultural and scientific advancement of India, and the just claims and the interests of persons belonging to the non-Hindi speaking areas in regard to the public services.(4) There shall be constituted a Committee consisting of thirty members, of whom twenty shall be members of the House of the People and ten shall be members of the Council of States to be elected respectively by the members of the House of the People and the members of the Council of States in accordance with the system of proportional representation by means of the single transferable vote.(5) It shall be the duty of the Committee to examine the recommendations of the Commission constituted under clause (1) and to report to the President their opinion thereon.(6) Notwithstanding anything in article 343, the President may, after consideration of the report referred to in clause (5), issue directions in accordance with the whole or any part of that report.Debate SummaryDraft Article 301B, Munshi-Ayyangar Proposal, 1949(1) The President shall, at the expiration of five years from the commencement of thisConstitution and thereafter at the expiration of ten years from suchcommencement, by order constitute a commission which shall consistof a Chairman and such other members representing the differentlanguages specified in Schedule VII-A as the President may appoint, and the order shall define theprocedure to be followed by the Commission.(2)It shall be the duty of the Commission to take recommendations to the President as to\u2014(a) the progressive use of the Hindi language for the official purposes of the Union;(b) restrictions on the use of the English language for all or any of the official purposesof the Union;(c) the language to be used for all or any of the purposes mentioned in article 301E ofthis Constitution;(d)form of numerals to be used for any one or more specified purposes of the Union;(e)anyother matter referred to the Commission by the President as regards the official\nlanguage of the Union and the language of inter-State Communication and their use.(3)In marking their recommendations under clause (2) of this article, the Commission shall have due regard to the industrial, cultural and scientific advancement of India, and the just claimsand the interests of the non-Hindi speaking areas in regard to the public services. (4)There shall be constituted a Committee consisting of thirty members of whom twenty\nshall be members of the House of the People and ten shall be members of the Council of Stateschosen respectively by the members of the House of the People and the members of the Council\nof States in accordance with the system of proportional representation by means of the single\ntransferable vote. (5)It shall be the duty of the Committee to examine the recommendations of the Commission\nconstituted under this article and to report to the President their opinion thereon. (6)Notwithstanding anything contained in article 301A of this Constitution, the President\nmay after consideration of the report referred to in clause (5) of this article issue directions in accordance with the whole or any part of the report.The question of a national/official language for India generated intense debate and conflict right from the initial stages of the constitution-making process.In the Draft Constitution of India, 1948 there were no provisions related to national language. It was only 12th September 1948, that language provisions were formally moved in the Assembly by Gopalaswami Ayyangar; these provisions came to be popularly referred to as the \u2018Munshi-Ayyangar formula\u2019 to indicate the authors of the proposal. K.M. Munshi and Ayyangar were tasked by the Assembly to propose language provisions that could be accepted by all warring groups. These provisions were moved together and taken up by the Assembly on 12th, 13th, and 14th September 1949Draft Article 301B was the second Article in the Munshi-Ayyangar proposal. The provision received criticism on two counts from some Hindi-wallah members. They did not want any commission or parliamentary committee to find mention in the Article, as they wanted the functions that the Article gave these two institutions to be handled by a future parliament. It is plausible that the underlying concern here was that the Article called for the Commission to compose of individuals representing different regional languages \u2013 this may put roadblocks on the early replacement of English with Hindi. The second concern was that Draft Article seemed to suggest that for a period of 5 years, till the first Commission was set up, that Hindi was not be considered at all, or only in addition to English for the official purposes of the union. The Assembly finally adopted the Draft Article with one amendment: to include Sanskrit as one of the languages under Schedule 7A.", "qas": []}]}, {"title": "Article 225 Jurisdiction of existing High Courts..txt", "paragraphs": [{"context": "Article 225 Jurisdiction of existing High Courts.Subject to the provisions of this Constitution and to the provisions of any law of the appropriate Legislature made by virtue of powers conferred on that Legislature by this Constitution, the jurisdiction of, and the law administered in, any existing High Court, and the respective powers of the Judges thereof in relation to the administration of justice in the Court, including any power to make rules of Court and to regulate the sittings of the Court and of members thereof sitting alone or in Division Courts, shall be the same as immediately before the commencement of this Constitution: Provided that any restriction to which the exercise of original jurisdiction by any of the High Courts with respect to any matter concerning the revenue or concerning any act ordered or done in the collection thereof was subject immediately before the commencement of this Constitution shall no longer apply to the exercise of such jurisdiction.", "qas": []}]}, {"title": "Article 141 Law declared by Supreme Court to be binding on all courts.txt", "paragraphs": [{"context": "Article 141 Law 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.Debate SummaryArticle 117, Draft Constitution, 1948The law declared by the Supreme Court shall be binding on all courts within the territory of India.Draft Article 117 (Article 141) was debated on 27th May 1949. It stated that the Supreme Court\u2019s decisions were binding on all courts in India.One member proposed to amend the language of the Draft Article so that the Supreme Court\u2019s decisions were binding on \u2018all other courts\u2019. He argued that it was unwise to bind the Supreme Court by its own decisions, as it prevented the court from rectifying mistakes in previous judgments. The Chairman of the Drafting Committee stated that the amendment was unnecessary because the phrase \u2018all courts\u2019 meant \u2018all other courts.\u2019 He clarified that the Draft Article did not bind the Supreme Court by its own decisions, and that the court was free to change its interpretation of the law as it saw fit.The proposed amendment was negatived. The Draft Article was adopted by the Assembly on 27th May 1949.", "qas": []}]}, {"title": "Article 243R Composition of Municipalities..txt", "paragraphs": [{"context": "Article 243R Composition of Municipalities.(1) Save as provided in clause (2), all the seats in a Municipality shall be filled by persons chosen by direct election from the territorial constituencies in the Municipal area and for this purpose each Municipal area shall be divided into territorial constituencies to be known as wards.(2) The Legislature of a State may, by law, provide \u2014(a) for the representation in a Municipality of \u2014(i) persons having special knowledge or experience in Municipal administration;(ii) the members of the House of the People and the members of the Legislative Assembly of the State representing constituencies which comprise wholly or partly the Municipal area;(iii) the members of the Council of States and the members of the Legislative Council of the State registered as electors within the Municipal area;(iv) the Chairpersons of the Committees constituted under clause (5) of article 243S: Provided that the persons referred to in paragraph (i) shall not have the right to vote in the meetings of the Municipality;(b) the manner of election of the Chairperson of a Municipality", "qas": []}]}, {"title": "Article 202 Annual financial statement..txt", "paragraphs": [{"context": "Article 202 Annual financial statement.(1) The Governor shall in respect of every financial year cause to be laid before the House or Houses of the Legislature of the State a statement of the estimated receipts and expenditure of the State for that year, in this Part referred to as the \"annual financial statement\".(2) The estimates of expenditure embodied in the annual financial statement shall show separately \u2014(a) the sums required to meet expenditure described by this Constitution as expenditure charged upon the Consolidated Fund of the State; and(b) the sums required to meet other expenditure proposed to be made from the Consolidated Fund of the State; and shall distinguish expenditure on revenue account from other expenditure.(3) The following expenditure shall be expenditure charged on the Consolidated Fund of each State \u2014(a) the emoluments and allowances of the Governor and other expenditure relating to his office;(b) the salaries and allowances of the Speaker and the Deputy Speaker of the Legislative Assembly and, in the case of a State having a Legislative Council, also of the Chairman and the Deputy Chairman of the Legislative Council;(c) debt charges for which the State is liable including interest, sinking fund charges and redemption charges, and other expenditure relating to the raising of loans and the service and redemption of debt;(d) expenditure in respect of the salaries and allowances of Judges of any High Court;(e) any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal;(f) any other expenditure declared by this Constitution, or by the Legislature of the State by law, to be so charged.", "qas": []}]}, {"title": "Article 41 Right to work, to education and to public assistance in certain cases.txt", "paragraphs": [{"context": "Article 41 Right to work, to education and to public assistance in certain casesThe 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 cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.Debate SummaryArticle 41 (Draft Article 32) aims to secure work, education and public assistance rights for persons in cases of unemployment, old age, sickness, disablement, and undeserved want.The Draft Article was debated on 23 November 1948. One member moved an amendment to include \u2018medical relief\u2019 among the other social amenities. He also urged to rephrase \u2018undeserved want\u2019 to \u2018deserving relief\u2019. Another member responded by pointing out that the right to medical relief is already provided for under Draft Article 38(Article 47, Constitution of India). It would be unnecessary to repeat it in this Draft Article.The Assembly adopted this article on 23 November 1948 without amendments.", "qas": []}]}, {"title": "Article 156 Term of office of Governor..txt", "paragraphs": [{"context": "Article 156 Term of office of Governor.(1) The Governor shall hold office during the pleasure of the President.(2) The Governor may, by writing under his hand addressed to the President, resign his office.(3) Subject to the foregoing provisions of this article, a Governor shall hold office for a term of five years from the date on which he enters upon his office:  Provided that a Governor shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.Debate SummaryArticle 132, Draft Constitution, 1948The Governor shall hold office for a term of five years from the date on which he enters upon his office:Provided that \u2013(a) A Governor may, by resignation under his hand addressed to the Speaker of the Legislative Assembly of the State or where there are two Houses of the Legislature of the State, to the Speaker of the Legislative Assembly and the Chairman of the Legislative Council of the State, resign his office;(b) A Governor may, for violation of the Constitution, be removed from office by impeachment in the manner provided in article 137 of this Constitution;(c) A Governor shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.\nDraft Article 132 (Article 156) was debated on 31st May 1949. It set out the term of office for a Governor.The Chairman of the Drafting Committee moved an amendment to wholly replace the Draft Article with the following:'Term of office of Governor.- 132 (1) The Governor shall hold office during the pleasure of the President.(2) The Governor may, by writing under his hand addressed to the President; resign his office.(3) Subject to the foregoing provisions of this article, a Governor shall hold office for a term of five years from the date on which he enters upon his office:Provided that a Governor shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.'The debates in the Assembly were based on this amendment. The purpose was to allow the Governor to serve at the pleasure of the President.A member took issue with the amendment moved by the Chairman of the Drafting Committee. He argued that it would make affect the Governor independence and make him \u2018a creature of the President\u2019 if he could be removed by the latter. Another member responded that since the Assembly had decided that the Governor would be appointed by the President, the proposed amendment was necessary as the President should have the right to remove his appointee.One member proposed a number of changes to the Draft Article, to the effect that the Governor could be impeached if found \u2018guilty of treason, or any offence against the safety, security or integrity of the Union\u2019or \u2018by reason of physical or mental incapacity duly certified, or if found guilty of bribery or corruption, or as provided for in article 137\u2019. The Chairman of the Drafting Committee responded that it was unnecessary to limit the grounds on which removal could occur to those explicitly stated in the Constitution.The amendment proposed by the Chairman of the Drafting Committee was accepted by the Assembly. The amended Draft Article was adopted on 31st May 1949.", "qas": []}]}, {"title": "Article 151 Audit reports..txt", "paragraphs": [{"context": "Article 151 Audit 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 each House of Parliament.(2) The reports of the Comptroller and Auditor-General of India relating to the accounts of a State shall be submitted to the Governorof the State, who shall cause them to be laid before the Legislature of the State.Debate SummaryArticle 127, Draft Constitution, 1948The reports of the Auditor-General of India relating to the accounts of the Government of India shall be submitted to the President, who shall cause them to be laid before Parliament.Draft Article 127 (Article 151) was debated on 30th May 1949.A member proposed the only amendment to this Draft Article, to substitute the words \u2018Each House of Parliament\u2019 for the word \u2018Parliament\u2019.The amendment was accepted without debate. The amended Draft Article was adopted on 30th May 1949.", "qas": []}]}, {"title": "Article 153 Governors of States..txt", "paragraphs": [{"context": "Article 153 Governors of States.There shall be a Governor for each State:Provided that nothing in this article shall prevent the appointment of the same person as Governor for two or more States.Debate SummaryArticle 129, Draft Constitution, 1948There shall be a Governor for each State.Draft Article 129 (Article 153) was debated on 30th May 1949. It stipulated that each State would have a Governor.One member proposed an amendment to mandate that there would be at least one Governor \u2018from each of the States in Part I of the First Schedule\u2019. He argued that this was necessary to ensure that all states were adequately represented in government services. Although the principle of adequate representation received support, a member believed that the question should be addressed while discussing the appointment of Governors.Another member argued that it was unnecessary to have Governors in the first place, and that the Centre should instead have administrative control over the states. He contended that provincial autonomy was only necessary during colonial rule, and symbolized distrust of national government. He received the support of a member who argued that the basis of the semi-federal structure of the Draft Constitution was the Government of India Act, 1935 and was therefore not an indigenous idea. This member further argued that although the Assembly had already adopted this system of governance, the state administrations had proven too unstable and therefore a unitary constitution was the need of the hour. The other members of the Assembly disagreed with these comments as being \u2018out of order\u2019 because the broad principles of the Constitution had already been previously decided.The proposed amendment was negatived. The Draft Article was adopted on 30th May 1949. It was later amended by the Constitution (7th Amendment) Act, 1956.", "qas": []}]}, {"title": "Article 145 Rules of Court, etc..txt", "paragraphs": [{"context": "Article 145 Rules 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 practice and procedure of the Court including \u2014(a) rules as to the persons practising before the Court;(b) rules as to the procedure for hearing appeals and other matters pertaining to appeals including the time within which appeals to the Court are to be entered;(c) rules as to the proceedings in the Court for the enforcement of any of the rights conferred by Part III;(cc) rules as to the proceedings in the Court under article 139A;(d) rules as to the entertainment of appeals under sub-clause (c) of clause (1) of article 134;(e) rules as to the conditions subject to which any judgment pronounced or order made by the Court may be reviewed and the procedure for such review including the time within which applications to the Court for such review are to be entered;(f) rules as to the costs of and incidental to any proceedings in the Court and as to the fees to be charged in respect of proceedings therein;(g) rules as to the granting of bail;(h) rules as to stay of proceedings;(i) rules providing for the summary determination of any appeal which appears to the Court to be frivolous or vexatious or brought for the purpose of delay;(j) rules as to the procedure for inquiries referred to in clause (1) of article 317.(2) Subject to the provisions of clause (3), rules made under this article may fix the minimum number of Judges who are to sit for any purpose, and may provide for the powers of single Judges and Division Courts.(3)The minimum number] of Judges who are to sit for the purpose of deciding any case involving a substantial question of law as to the interpretation of this Constitution or for the purpose of hearing any reference under article 143 shall be five:       Provided that, where the Court hearing an appeal under any of the provisions of this Chapter other than article 132 consists of less than five Judges and in the course of the hearing of the appeal the Court is satisfied that the appeal involves a substantial question of law as to the interpretation of this Constitution the determination of which is necessary for the disposal of the appeal, such Court shall refer the question for opinion to a Court constituted as required by this clause for the purpose of deciding any case involving such a question and shall on receipt of the opinion dispose of the appeal in conformity with such opinion.(4) No judgment shall be delivered by the Supreme Court save in open Court, and no report shall be made under article 143 save in accordance with an opinion also delivered in open Court.(5) No judgment and no such opinion shall be delivered by the Supreme Court save with the concurrence of a majority of the Judges present at the hearing of the case, but nothing in this clause shall be deemed to prevent a Judge who does not concur from delivering a dissenting judgment or opinion.Debate SummaryArticle 121, Draft Constitution, 1948(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 practice and procedure of the Court including-(a) Rules as to the persons practising before the court,(b) Rules as to the procedure for hearing appeals and other matters including the time within which appeals to the Court are to be entered and the time to be allowed to advocates appearing before the court to make their submissions in respect thereof,(c) Rules as to the costs of and incidental to any proceedings in the court and as to the fees to be charged in respect of proceedings therein,(d) Rules as to the granting of bail,(e) Rules as to stay of proceedings, and(f) Rules providing for the summary determination of any appeal which appears to the court to be frivolous or vexatious or brought for the purpose of delay.(2) The minimum number of judges who are to sit for the purpose of deciding any case involving a substantial question of law as to the interpretation of this Constitution, or for the purpose of hearing any reference under article 119 of this Constitution shall be five:Provided that it shall be open to every judge to sit for the said purposes unless owing to illness, personal interest or other sufficient cause he is unable to do so.(3) No opinion for the purpose of any report under article 119 of this Constitution and no judgment shall be delivered by the Supreme Court save in open court.(4) No such report shall be made and no judgment shall be delivered by the Supreme Court save with the concurrence of a majority of the judges present at the hearing of the case, but nothing in this clause shall be deemed to prevent a judge who does not concur from delivering a dissenting opinion or judgment.Draft Article 121 (Article 145) was debated on 6th June 1949. It authorized the Supreme Court to make rules for its functioning.One member suggested that clause (1) be amended to remove the requirement that court seek the approval of the President before adopting any rules. He argued that the rules pertained to the \u2018internal functioning\u2019 of the court, and hence the requirement amounted to executive interference with the functioning of the judiciary. This received the support of several members in the Assembly; it was noted that the High Court was not required to obtain the consent of the Governor when making similar rules. In response, another member argued that the Draft Article already provided that the rule-making power of the Supreme Court was subject to laws passed by Parliament, and hence the requirement of presidential approval was a \u2018safety valve\u2019 for the judiciary. The Chairman of the Drafting Committee pointed out that the requirement was analogous to existing provisions under the Government of India Act, 1935. He alsoclarified that the purpose was to ensure that rules did not impose an undue burden on the exchequer.A member of the Drafting Committee proposed the insertion of the following as sub-clause (bb):\u2018rules as to the procedure for the review of any judgment pronounced or order passed by the Court including the time within which applications to the Court for such review are to be entered;\u2019.He stated that this amendment was a necessary corollary to the court\u2019s power to make rules relating to its ability to review its own judgments.Another member of the drafting committee proposed the substitution of Clause (2) as follows:'(2) Subject to the provisions of the next succeeding clause, rules made under this article may fix the minimum number of judges who are to sit for any purpose, and may provide for the powers of single judges and Division Courts.(2a) The minimum number of judges who are to sit for the purpose of deciding any case involving a substantial question of law as to the interpretation of this Constitution, or for the purpose of hearing any reference under article 119 of this Constitution shall be five:Provided that where the Court hearing an appeal under article 111 of this Constitution consists of less than five judges and in the course of the hearing of the appeal the court is satisfied that the appeal involves a substantial question of law as to the interpretation of this Constitution the determination of which is necessary for the disposal of the appeal such court shall refer the question to a court constituted under this clause for opinion and shall on receipt of the opinion dispose of the appeal in conformity with such opinion.'He argued that the proviso was necessary to ensure that the court\u2019s time was not wasted by forcing a five judge bench to hear a matter for which a three-judge bench was sufficient. This amendment received the support of the Chairman of the Drafting Committee.The Chairman of the Drafting Committee proposed two amendments: firstly, to mandate the court to only deliver judgments in open court; and secondly, to prevent the court from delivering any judgment without the concurrence of the majority.With the exception of the amendment to remove the requirement of presidential approval, all other amendments were accepted by the Assembly. Draft Article 121 was adopted on 6th June 1949.", "qas": []}]}, {"title": "Article 189 Voting in Houses, power of Houses to act notwithstanding vacancies and quorum..txt", "paragraphs": [{"context": "Article 189 Voting 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 a House of the Legislature of a State shall be determined by a majority of votes of the members present and voting, other than the Speaker or Chairman, or person acting as such.The Speaker or Chairman, or person acting as such, shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes.(2) A House of the Legislature of a State shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the Legislature of a State shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do sat or voted or otherwise took part in the proceedings.(3) Until the Legislature of the State by law otherwise provides, the quorum to constitute a meeting of a House of the Legislature of a State shall be ten members or onetenth of the total number of members of the House, whichever is greater.(4) If at any time during a meeting of the Legislative Assembly or the Legislative Council of a State there is no quorum, it shall be the duty of the Speaker or Chairman, or person acting as such, either to adjourn the House or to suspend the meeting until there is a quorum.", "qas": []}]}, {"title": "Article 179 Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker..txt", "paragraphs": [{"context": "Article 179 Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.A member holding office as Speaker or Deputy Speaker of an Assembly \u2014(a) shall vacate his office if he ceases to be a member of the Assembly;(b) may at any time by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and(c) may be removed from his office by a resolution of the Assembly passed by a majority of all the then members of the Assembly:  Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution:  Provided further that, whenever the Assembly is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the Assembly after the dissolution.", "qas": []}]}, {"title": "Article 4 Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters.txt", "paragraphs": [{"context": "Article 4 Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters(1) Any law referred to in article 2 or article 3 shall contain such provisions for the amendment of the First Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions (including provisions as to representation in Parliament and in the Legislature or Legislatures of the State or States affected by such law) as Parliament may deem necessary.(2) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368.Debate SummaryArticle 4, Draft Constitution, 1948(1) Any law referred to in article 2 or article 3 of this Constitution shall contain such provisions for the amendment of the First Schedule as may be necessary to give effect to the provisions of the law and may also contain such incidental and -consequential provisions as Parliament may deem necessary.(2) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 304.Article 4 (Draft Article 4) was discussed on 18 November 1948. It regulatedlaws made under Articles 2 and 3. It statedthat these laws must provide for the amendment of First Schedule (list of States and Union Territories) and Fourth Schedule (Rajya Sabha seat allocation).There was no substantive debate on this Draft Article. One member, in the interest of brevity, sought to substitute \u2018article 2 and article 3\u2019 with \u2018article 2 and 3\u2019. The Chairman of the Drafting Committee opposed this. He noted that the Drafting Committee followed a common foreign precedent. Further, even the Government of India Act, 1935 used this format.The Constituent Assembly adopted the article without amendments on 18 November 1948.", "qas": []}]}, {"title": "Article 343 Official language of the Union..txt", "paragraphs": [{"context": "Article 343 Official language of the Union.(1) The official language of the Union shall be Hindi in Devanagari script.The form of numerals to be used for the official purposes of the Union shall be the international form of Indian numerals.(2) Notwithstanding anything in clause (1), for a period of fifteen years from the commencement of this Constitution, the English language shall continue to be used for all the official purposes of the Union for which it was being used immediately before such commencement: Provided that the President may, during the said period, by orderauthorise the use of the Hindi language in addition to the English language and of the Devanagari form of numerals in addition to the international form of Indian numerals for any of the official purposes of the Union.(3) Notwithstanding anything in this article, Parliament may by law provide for the use, after the said period of fifteen years, of \u2014(a) the English language, or(b) the Devanagari form of numerals,for such purposes as may be specified in the law.Debate SummaryDraft Article 301A, Munshi-Ayyangar Proposal,1949(1) The official language of the Union shall be Hindi in Devanagari script.The form of numerals to be used for the official purposes of the Union shall be the international form of Indian numerals.(2) Notwithstanding anything in clause (1), for a period of fifteen years from the commencement of this Constitution, the English language shall continue to be used for all the official purposes of the Union for which it was being used immediately before such commencement: Provided that the President may, during the said period, by orderauthorise the use of the Hindi language in addition to the English language and of the Devanagari form of numerals in addition to the international form of Indian numerals for any of the official purposes of the Union.(3) Notwithstanding anything in this article, Parliament may by law provide for the use, after the said period of fifteen years, of \u2014(a) the English language, or(b) the Devanagari form of numerals,for such purposes as may be specified in the lawThe question of a national/official language for India generated intense debate and conflict in the Constituent Assembly.In the Draft Constitution of India, 1948 there were no provisions related to national or officiallanguage. It was only 12th September 1948, that language provisions were formally moved in the Assembly by Gopalaswami Ayyangar; these provisions came to be popularly referred to as the \u2018Munshi-Ayyangar formula\u2019 to indicate the authors of the proposal. K.M. Munshi and Ayyangar were tasked by the Assembly to propose language provisions that could be accepted by all warring groups. These provisions were moved together and taken up by the Assembly on 12th, 13th, and 14th September 1949. Draft Article 301-A was the first Article in the proposal. Among other things, it declared Hindi in the Devanagari script as the official language of the union and the use of the international form of Indian numerals for official purposes.The members who had always been against Hindi reluctantly accepted the Article but pointed out that no language could be imposed on India just because it was part of the Constitution. There were others who still persevered to dislodge Hindi \u2013 an amendment was moved to replace it with Hindustani.The adoption of Hindi as the official language in the Draft Article was a huge concession to the \u2018Hindi-wallahs\u2019 in the Assembly. However, they were still not happy with the provision, they criticised it, strategized outside Assembly, and moved amendments.First, they felt that if the Devanagari script was adopted, then why not the Devanagari system of numerals? Second, they were concerned that the Article gave too much time for the replacement of English with Hindi \u2013 they wanted the replacementto happen much sooner. Finally, after a lot of backroom jostling, the Hindi-wallahs put forward a bunch of amendments. The Assembly adopted one of theseamendments: Parliament could, in addition to English, legislate on Nagari numerals as well. This effectively allowedparliament to sanction the use of Devanagari numerals even before the 15 year period. The Assembly adopted the Draft Article with the amendment. ", "qas": []}]}, {"title": "Article 86 Right of President to address and send messages to Houses..txt", "paragraphs": [{"context": "Article 86 Right 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 messages to either House of Parliament, whether with respect to a Bill then pending in Parliament or otherwise, and a House to which any message is so sent shall with all convenient despatch consider any matter required by the message to be taken into considerationDebate SummaryArticle 70, Draft Constitution, 1948(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 messages to either House of Parliament, whether with respect to a Bill then pending in Parliament or otherwise, and a House to which any message is so sent shall with all convenient despatch consider any matter required by the message to be taken into consideration.Draft Article 70 (Article 86, Constitution of India) enabled the President to address either House of the Parliament. There was no debate around it and the Assembly adopted the Draft Article on 18th May 1949.", "qas": []}]}, {"title": "Article 181 The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration..txt", "paragraphs": [{"context": "Article 181 The 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 Legislative Assembly, while any resolution for the removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for the removal of the Deputy Speaker, from his office is under consideration, the Deputy Speaker, shall not, though he is present, preside, and the provisions of clause (2) of article 180 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Speaker or, as the case may be, the Deputy Speaker, is absent.(2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly while any resolution for his removal from office is under consideration in the Assembly and shall, notwithstanding anything in article 189, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes.", "qas": []}]}, {"title": "Article 182 The Chairman and Deputy Chairman of the Legislative Council..txt", "paragraphs": [{"context": "Article 182 The Chairman and Deputy Chairman of the Legislative Council.The Legislative Council of every State having such Council shall, as soon as may be, choose two members of the Council to be respectively Chairman and Deputy Chairman thereof and, so often as the office of Chairman or Deputy Chairman becomes vacant, the Council shall choose another member to be Chairman or Deputy Chairman, as the case may be.", "qas": []}]}, {"title": "Article 366 Definitions..txt", "paragraphs": [{"context": "Article 366 Definitions.In this Constitution, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say \u2014(1) \u201cagricultural income\u201d means agricultural income as defined for the purposes of the enactments relating to Indian income-tax;(2) \u201can Anglo-Indian\u201d means a person whose father or any of whose other male progenitors in the male line is or was of European descent but who is domiciled within the territory of India and is or was born within such territory of parents habitually resident therein and not established there for temporary purposes only;(3) \u201carticle\u201d means an article of this Constitution;(4) \u201cborrow\u201d includes the raising of money by the grant of annuities, and \u201cloan\u201d shall be construed accordingly;(5) \u201cclause\u201d means a clause of the article in which the expression occurs;(6) \u201ccorporation tax\u201d means any tax on income, so far as that tax is payable by companies and is a tax in the case of which the following conditions are fulfilled: \u2014(a) that it is not chargeable in respect of agricultural income;(b) that no deduction in respect of the tax paid by companies is, by any enactments which may apply to the tax, authorised to be made from dividends payable by the companies to individuals;(c) that no provision exists for taking the tax so paid into account in computing for thepurposes of Indian income-tax the total income of individuals receiving such dividends, or in computing the Indian income-tax payable by, or refundable to, such individuals;(7) \u201ccorresponding Province\u201d, \u201ccorresponding Indian State\u201d or \u201ccorresponding State\u201d means in cases of doubt such Province, Indian State or State as may be determined by the President to be the corresponding Province, the corresponding Indian State or the corresponding State, as the case may be, for the particular purpose in question;(8) \u201cdebt\u201d includes any liability in respect of any obligation to repay capital sums by way of annuities and any liability under any guarantee, and \u201cdebt charges\u201d shall be construed accordingly;(9) \u201cestate duty\u201d means a duty to be assessed on or by reference to the principal value, ascertained in accordance with such rules as may be prescribed by or under laws made by Parliament or the Legislature of a State relating to the duty, of all property passing upon death or deemed, under the provisions of the said laws, so to pass;(10) \u201cexisting law\u201d means any law, Ordinance, order, bye-law, rule or regulation passed or made before the commencement of this Constitution by any Legislature, authority or person having power to make such a law, Ordinance, order, bye-law, rule or regulation;(11) \u201cFederal Court\u201d means the Federal Court constituted under the Government of India Act, 1935;(12) \u201cgoods\u201d includes all materials, commodities, and articles;(13) \u201cguarantee\u201d includes any obligation undertaken before the commencement of this Constitution to make payments in the event of the profits of an undertaking falling short of a specified amount;(14) \u201cHigh Court\u201d means any Court which is deemed for the purposes of this Constitution to be a High Court for any State and includes \u2014(a) any Court in the territory of India constituted or reconstituted under this Constitution as a High Court, and(b) any other Court in the territory of India which may be declared by Parliament by law to be a High Court for all or any of the purposes of this Constitution;(15) \u201cIndian State\u201d means any territory which the Government of the Dominion of India recognised as such a State;(16) \u201cPart\u201d means a Part of this Constitution;(17) \u201cpension\u201d means a pension, whether contributory or not, of any kind whatsoever payable to or in respect of any person, and includes retired pay so payable; a gratuity so payable and any sum or sums so payable by way of the return, with or without interest thereon or any other addition thereto, of subscriptions to a provident fund;(18) \u201cProclamation of Emergency\u201d means a Proclamation issued under clause (1) of article 352;(19) \u201cpublic notification\u201d means a notification in the Gazette of India, or, as the case may be, the Official Gazette of a State;(20) \u201crailway\u201d does not include \u2014(a) a tramway wholly within a municipal area, or(b) any other line of communication wholly situate in one State and declared by Parliament by law not to be a railway;(22) \u201cRuler\u201d means the Prince, Chief or other person who, at any time before the commencement of the Constitution (Twenty-sixth Amendment) Act, 1971, was recognised by the President as the Ruler of an Indian State or any person who, at any time before such commencement, was recognised by the President as the successor of such Ruler;(23) \u201cSchedule\u201d means a Schedule to this Constitution;(24) \u201cScheduled Castes\u201d means such castes, races or tribes or parts of or groups within such castes,races or tribes as are deemed under article 341 to be Scheduled Castes for the purposes of this Constitution;(25) \u201cScheduled Tribes\u201d means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under article 342 to be Scheduled Tribes for the purposes of this Constitution;(26) \u201csecurities\u201d includes stock;(27) \u201csub-clause\u201d means a sub-clause of the clause in which the expression occurs;(28) \u201ctaxation\u201d includes the imposition of any tax or impost, whether general or local or special, and \u201ctax\u201d shall be construed accordingly;(29) \u201ctax on income\u201d includes a tax in the nature of an excess profits tax;(29A) \u201ctax on the sale or purchase of goods\u201d includes \u2014(a) a tax on the transfer, otherwise than in pursuance of a contract, of property in any goods for cash, deferred payment or other valuable consideration;(b) a tax on the transfer of property in goods (whether as goods or in some other form) involved in the execution of a works contract;(c) a tax on the delivery of goods on hirepurchase or any system of payment by instalments;(d) a tax on the transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration;(e) a tax on the supply of goods by any unincorporated association or body of persons to a member thereof for cash, deferred payment or other valuable consideration;(f) a tax on the supply, by way of or as part of any service or in any other manner whatsoever, of goods, being food or any other article for human consumption or any drink (whether or not intoxicating), where such supply or service, is for cash, deferred payment or other valuable consideration,and such transfer, delivery or supply of any goods shall be deemed to be a sale of those goods by the person making the transfer, delivery or supply and a purchase of those goods by the person to whom such transfer, delivery or supply is made;(30) \u201cUnion territory\u201d means any Union territory specified in the First Schedule and includes any other territory comprised within the territory of India but not specified in that Schedule.", "qas": []}]}, {"title": "Article 239B Power of administrator to promulgate Ordinances during recess of Legislature..txt", "paragraphs": [{"context": "Article 239B Power of administrator to promulgate Ordinances during recess of Legislature.(1) If at any time, except when the Legislature of the Union territory of Puducherryis in session, the administrator thereof is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require: Provided that no such Ordinance shall be promulgated by the administrator except after obtaining instructions from the President in that behalf: Provided further that whenever the said Legislature is dissolved, or its functioning remains suspended on account of any action taken under any such law as is referred to in clause (1) of article 239A, the administrator shall not promulgate any Ordinance during the period of such dissolution or suspension.(2) An Ordinance promulgated under this article in pursuance of instructions from the President shall be deemed to be an Act of the Legislature of the Union territory which has been duly enacted after complying with the provisions in that behalf contained in any such law as is referred to in clause (1) of article 239A, but every such Ordinance \u2014(a) shall be laid before the Legislature of the Union territory and shall cease to operate at theexpiration of six weeks from the reassembly of the Legislature or if, before the expiration of that period, a resolution disapproving it is passed by the Legislature, upon the passing of the resolution; and(b) may be withdrawn at any time by the administrator after obtaining instructions from the President in that behalf.(3) If and so far as an Ordinance under this article makes any provision which would not be valid if enacted in an Act of the Legislature of the Union territory made after complying with the provisions in that behalf contained in any such law as is referred to in clause (1) of article 239A, it shall be void.", "qas": []}]}, {"title": "Article 243O Bar to interference by courts in electoral matters..txt", "paragraphs": [{"context": "Article 243O Bar to interference by courts in electoral matters.Notwithstanding anything in this Constitution, \u2014(a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 243K, shall not be called in question in any court;(b) no election to any Panchayat shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State.", "qas": []}]}, {"title": "Article 79 Constitution of Parliament..txt", "paragraphs": [{"context": "Article 79 Constitution of Parliament.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.Debate SummaryDraft Article 66There 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.Draft Article 66 (Article 79, Constitution of India, 1950) was debated on 3rd January 1949. It laid down the composition of the Parliament.A member moved an amendment to delete \u2018Council of States\u2019 from the Draft Article. He argued that the Council of States, also known as Second Chambers, was not of any use and an outdated institution. A member of the Drafting Committee argued against this motion. He highlighted that the Council of States would provide another platform for people to take part in politics. Moreover, it would prevent \u2018hasty legislation\u2019 making.There was another proposal to substitute \u2018the Parliament\u2019 with \u2018the Indian National Congress\u2019. The mover wanted to \u2018permanently commemorate\u2019 Congress\u2019 participation in the freedom movement and prevent the party from future deterioration. She further referred to the American Parliament\u2019s usage of Congress. A member of the Drafting Committee did not support this motion. He believed that encoding Congress\u2019 name in the Constitution would lead to a one-party nation. A member sought to delete \u2018President\u2019 from the Draft Article. He termed this an \u2018unnecessary imitation of the British system\u2019. He noted that the President is merely an ornamental head of the nation and should not be an integral part of the legislature. A member of the Drafting Committee disagreed with this motion and argued that the Indian Constitution gave prominence to the President- he/she wasthe executive head of the nation. It wasimportant to include President in the legislature.None of these proposals was accepted. The Assembly adopted the Draft Article without amendments on 3rd January 1949.", "qas": []}]}, {"title": "Article 46 Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections..txt", "paragraphs": [{"context": "Article 46 Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections.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.Debate SummaryArticle 46 (Draft Article 37) aims to promote education and economic interests for members of Scheduled Caste, Scheduled Tribe and other weaker sections. The Draft Article was discussed on 23 November 1948. The central issue was around the scope of \u2018Scheduled Castes\u2019. One member moved to substitute \u2018Scheduled Castes' with `Backward communities of whatever class or religion'. He argued that the definition of Scheduled Castes is restrictive and does not cover several backward communities like Sikh, Ramdasis, Odes, Balmiki, and Chamars. A member of the Drafting Committee remarked that this amendment was unnecessary at this juncture. It could be considered while discussing the schedule which lists down the Scheduled Castes.The Assembly adopted this Article without amendments on 23 November 1948.", "qas": []}]}, {"title": "Article 169 Abolition or creation of Legislative Councils in States..txt", "paragraphs": [{"context": "Article 169 Abolition or creation of Legislative Councils in States.(1) Notwithstanding anything in article 168, Parliament may by law provide for the abolition of the Legislative Council of a State having such a Council or for the creation of such a Council in a State having no such Council, if the Legislative Assembly of the State passes a resolution to that effect by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting.(2) Any law referred to in clause (1) shall contain such provisions for the amendment of this Constitution as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions as Parliament may deem necessary.(3) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368.", "qas": []}]}, {"title": "Article 348 Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc..txt", "paragraphs": [{"context": "Article 348 Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc.(1) Notwithstanding anything in the foregoing provisions of this Part, until Parliament by law otherwise provides \u2014(a) all proceedings in the Supreme Court and in every High Court,(b) the authoritative texts \u2014(i) of all Bills to be introduced or amendments thereto to be moved in either House of Parliament or in the House or either House of the Legislature of a State,(ii) of all Acts passed by Parliament or the Legislature of a State and of all Ordinances promulgated by the President or the Governor of a State, and(iii) of all orders, rules, regulations and bye-laws issued under this Constitution or under any law made by Parliament or the Legislature of a State,shall be in the English language.(2) Notwithstanding anything in sub-clause (a) of clause (1), the Governor of a State may, with the previous consent of the President, authorise the use of the Hindi language, or any other language used for any official purposes of the State, in proceedings in the High Court having its principal seat in that State: Provided that nothing in this clause shall apply to any judgment, decree or order passed or made by such High Court.(3) Notwithstanding anything in sub-clause (b) of clause (1), where the Legislature of a State has prescribed any language other than the English language for use in Bills introduced in, or Acts passed by, the Legislature of the State or in Ordinances promulgated by the Governor of the State or in any order, rule, regulation or bye-law referred to in paragraph (iii) of that sub-clause, a translation of the same in the English language published under the authority of the Governor of the State in the Official Gazette of that State shall be deemed to be the authoritative text thereof in the English language under this article.", "qas": []}]}, {"title": "Article 323A Administrative tribunals..txt", "paragraphs": [{"context": "Article 323A Administrative tribunals.(1) Parliament may, by law, provide for the adjudication or trial by administrative tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India or of any corporation owned or controlled by the Government.(2) A law made under clause (1) may \u2014(a) provide for the establishment of an administrative tribunal for the Union and a separate administrative tribunal for each State or for two or more States;(b) specify the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by each of the said tribunals;(c) provide for the procedure (including provisions as to limitation and rules of evidence) to be followed by the said tribunals;(d) exclude the jurisdiction of all courts, except the jurisdiction of the Supreme Court under article 136, with respect to the disputes or complaints referred to in clause (1);(e) provide for the transfer to each such administrative tribunal of any cases pending before any court or other authority immediately before the establishment of such tribunal as would have been within the jurisdiction of such tribunal if the causes of action on which such suits or proceedings are based had arisen after such establishment;(f) repeal or amend any order made by the President under clause (3) of article 371D;(g) contain such supplemental, incidental and consequential provisions (including provisions as to fees) as Parliament may deem necessary for the effective functioning of, and for the speedy disposal of cases by, and the enforcement of the orders of, such tribunals.(3) The provisions of this article shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force.", "qas": []}]}, {"title": "Article 371B Special provision with respect to the State of Assam..txt", "paragraphs": [{"context": "Article 371B Special provision with respect to the State of Assam.Notwithstanding anything in this Constitution, the President may, by order made with respect to the State of Assam, provide for the constitution and functions of a committee of the Legislative Assembly of the State consisting of members of that Assembly elected from the tribal areas specified in 2 [Part I] of the table appended to paragraph 20 of the Sixth Schedule and such number of other members of that Assembly as may be specified in the order and for the modifications to be made in the rules of procedure of that Assembly for the constitution and proper functioning of such committee.", "qas": []}]}, {"title": "Article 270 Taxes levied and distributed between the Union and the States..txt", "paragraphs": [{"context": "Article 270 Taxes levied and distributed between the Union and the States.(1) All taxes and duties referred to in the Union List, except the duties and taxes referred to in articles 268 and 269, respectively, surcharge on taxes and duties referred to in article 271 and any cess levied for specific purposes under any law made by Parliament shall be levied and collected by the Government of India and shall be distributed between the Union and the States in the manner provided in clause (2).(2) Such percentage, as may be prescribed, of the net proceeds of any such tax or duty in any financial year shall not form part of the Consolidated Fund of India, but shall be assigned to the States within which that tax or duty is leviable in that year, and shall be distributed among those States in such manner and from such time as may be prescribed in the manner provided in clause (3).(3) In this article, \u201cprescribed\u201d means, \u2014(i) until a Finance Commission has been constituted, prescribed by the President by order, and(ii) after a Finance Commission has been constituted, prescribed by the President by order after considering the recommendations of the Finance Commission.", "qas": []}]}, {"title": "Article 318 Power to make regulations as to conditions of service of members and staff of the Commission..txt", "paragraphs": [{"context": "Article 318 Power to make regulations as to conditions of service of members and staff of the Commission.In the case of the Union Commission or a Joint Commission, the President and, in the case of a State Commission, the Governor of the State may by regulations \u2014(a) determine the number of members of the Commission and their conditions of service; and(b) make provision with respect to the number of members of the staff of the Commission and their conditions of service: Provided that the conditions of service of a member of a Public Service Commission shall not be varied to his disadvantage after his appointment.", "qas": []}]}, {"title": "Article 68 Time of holding election to fill vacancy in the office of VicePresident and the term of office of person elected to fill casual vacancy.txt", "paragraphs": [{"context": "Article 68 Time of holding election to fill vacancy in the office of VicePresident 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 a vacancy in the office of VicePresident occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after the occurrence of the vacancy, and the person elected to fill the vacancy shall, subject to the provisions of article 67, be entitled to hold office for the full term of five years from the date on which he enters upon his office.Debate SummaryArticle 55 (5) to (6), Draft Constitution 1948(5) 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.(6) An election to fill a vacancy in the office of Vice-President occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after the occurrence of the vacancy, and the person elected to fill such vacancy shall be entitled to hold office for the full term of five years as provided in article 56 of this Constitution.The Draft Article (Article 68, Constitution of India 1950) was debated on 28th December 1948,29th December 1949and13th October 1949. It regulated the vacancy of the Vice-President\u2019s office.There was no debate on the Draft Article 55 (5) to (6). All the discussions were related to Draft Article 55 (1) to (4). During later stages, the Drafting Committee decided to have a separate article that dealt with the vacancy of the Vice-President\u2019s office.The Draft Article was adopted along with Draft Article 55 (1) to (4).", "qas": []}]}, {"title": "Article 81 Composition of the House of the People.txt", "paragraphs": [{"context": "Article 81 Composition of the House of the People(1) Subject to the provisions of article, the House of the People shall consist of \u2014(a) not more than 4 [five hundred and thirty members] chosen by direct election from territorial constituencies in the States, and(b) not more than 5 [twenty members] to represent the Union territories, chosen in such manner as Parliament may by law provide.(2) For the purposes of sub-clause (a) of clause (1),\u2014(a) there shall be allotted to each State a number of seats in the House of the People in such manner that the ratio between that number and the population of the State is, so far as practicable, the same for all States; and(b) each State shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it is, so far as practicable, the same throughout the State:Provided that the provisions of sub-clause (a) of this clause shall not be applicable for the purpose of allotment of seats in the House of the People to any State so long as the population of that State does not exceed six millions.(3) In this article, the expression \u201cpopulation\u201d means the population as ascertained at the last preceding census of which the relevant figures have been published:Provided that the reference in this clause to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2026 have been published, be construed,\u2014(i) for the purposes of sub-clause (a) of clause (2) and the proviso to that clause, as a reference to the 1971 census; and(ii) for the purposes of sub-clause (b) of clause (2) as a reference to the 2001census.Debate SummaryArticle 67 (5) \u2013 (8), Draft Constitution 1948(5) (a) Subject to the provisions of articles 292 and 293 of this Constitution, the House of the People shall consist of not more than five hundred representatives of the people of the territories of the States directly chosen by the voters.(b) For the purpose of sub-clause (a), the States of India shall be divided, grouped or formed into territorial constituencies and the number of representatives to be allotted to each such constituency shall be so determined as to ensure that there shall be not less than one representative for every 750,000 of the population and not more than one representative for every 500,000 of the population:Provided that the ratio of the total number of representatives of the States for the time being specified in Part III of the First Schedule to their total population shall not be in excess of the ratio of the total number of representatives of the States for the time being specified in Parts I and II of that Schedule to the total population of such States.(c) The ratio between the number of members to be elected at any time for each territorial constituency and the population of that constituency as ascertained at the last preceding census shall, so far as practicable, be the same throughout India.(6) The election to the House of the People shall be on the basis of adult suffrage; that is to say, every citizen who is not less than twenty one years of age and is not otherwise disqualified under this Constitution or under any Act of Parliament on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice shall be entitled to be registered as a voter at such elections.(7) Parliament may, by law, provide for the representation in the House of the People of territories other-than States.(8) Upon the completion of each census the representation of the several States in the Council of States and of the several territorial constituencies in the House of the People shall, subject to the provisions of article 289 of this Constitution, be readjusted by such authority, in such manner and with effect from such date as Parliament may, by law, determine.Draft Article 67 (5) \u2013 (8) was debated on 4 January 1949 and 17th October 1949. It established the composition of the House of the People.A member proposed to replace single-member constituency, with a \u2018system of proportional representation with multi-member constituencies by means of cumulative vote\u2019. He argued that the former perpetuated a democracy of majority which was \u2018tyrannical\u2019. The system of proportional representation would ensure that voices from diverse sectors were heard. Moreover, the single-member constituencysystem would not guarantee protection to minority communities. He relied on the Irish experience to demonstrate how religious minorities were disenfranchised by the majority. Another member supported this move and believed that proportional representation would ensure \u2018greater reflection of popular will\u2019. Asimilar amendment wasmoved to encode proportional representation. The mover called \u2018Parliamentary democratic system\u2019 a defect in electoral democracy.However, the members of the Drafting Committee were not convinced by this proposal. A member cited practical reasons to oppose this: India\u2019s population was too excessive to conduct elections through proportional representation. And the literacy rate was far too low for this system to succeed. The Chairman relied on the English example: the British categorically dismissed proportional representation as it would adversely impact the stability of governments. Instead, minority representation could be promised through the reservation in the legislature.A member sought to introduce \u2018illiteracy\u2019 a ground for disqualification to vote for the first ten years of the Constitution being in force. He argued that this could drive \u2018adult education\u2019 and would increase the literacy rate.The aforementioned proposal fell through. The Assembly accepted a few other amendments and adopted the Draft Article on 4th January 1949. It was reopened for discussions and amended on 17th October 1949.", "qas": []}]}, {"title": "Article 268A Service tax levied by Union and collected and appropriated by the Union and the States..txt", "paragraphs": [{"context": "Article 268A Service tax levied by Union and collected and appropriated by the Union and the States.(1) Taxes on services shall be levied by the Government of India and such tax shall be collected and appropriated by the Government of India and the States in the manner provided in clause (2).(2) The proceeds in any financial year of any such tax levied in accordance with the provisions of clause (1) shall be \u2014(a) collected by the Government of India and the States;(b) appropriated by the Government of India and the States,in accordance with such principles of collection and appropriation as may be formulated by Parliament by law.", "qas": []}]}, {"title": "Articles 244(2) and 275(1)   Provisions as to the Administration of Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram.txt", "paragraphs": [{"context": "Articles 244(2) and 275(1)   Provisions as to the Administration of Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram1. Autonomous districts and autonomous regions.\u2014(1) Subject to the provisions of this paragraph, the tribal areas in each item of Parts I, II and IIA and in Part III of the table appended to paragraph 20 of this Schedule shall be an autonomous district.(2) If there are different Scheduled Tribes in an autonomous district, the Governor may, by public notification, divide the area or areas inhabited by them into autonomous regions.(3) The Governor may, by public notification,\u2014Include any area in any of the Parts of the said table,Exclude any area from any of the Parts of the said table,create a new autonomous district,increase the area of any autonomous district,diminish the area of any autonomous district,unite two or more autonomous districts or parts thereof so as to form one autonomous district,(ff) alter the name of any autonomous district,define the boundaries of any autonomous district:Provided that no order shall be made by the Governor under clauses (c), (d), (e) and (f) of this sub-paragraph except after consideration of the report of a Commission appointed under sub-paragraph (1) of paragraph 14 of this Schedule: Provided further that any order made by the Governor under this subparagraph may contain such incidental and consequential provisions (including any amendment of paragraph 20 and of any item in any of the Parts of the said table) as appear to the Governor to be necessary for giving effect to the provisions of the order.2. Constitution of District Councils and Regional Councils.\u2014(1) There shall be a District Council for each autonomous district consisting of not more than thirty members, of whom not more than four persons shall be nominated by the Governor and the rest shall be elected on the basis of adult suffrage.(2) There shall be a separate Regional Council for each area constituted an autonomous region under sub-paragraph (2) of paragraph 1 of this Schedule.(3) Each District Council and each Regional Council shall be a body corporate by the name respectively of \u201cthe District Council of (name of district)\u201d and \u201cthe Regional Council of (name of region)\u201d, shall have perpetual succession and a common seal and shall by the said name sue and be sued.(4) Subject to the provisions of this Schedule, the administration of an autonomous district shall, in so far as it is not vested under this Schedule in any Regional Council within such district, be vested in the District Council for such district and the administration of an autonomous region shall be vested in the Regional Council for such region.(5) In an autonomous district with Regional Councils, the District Council shall have only such powers with respect to the areas under the authority of the Regional Council as may be delegated to it by the Regional Council in addition to the powers conferred on it by this Schedule with respect to such areas.(6) The Governor shall make rules for the first constitution of District Councils and Regional Councils in consultation with the existing tribal Councils or other representative tribal organisations within the autonomous districts or regions concerned, and such rules shall provide for\u2014the composition of the District Councils and Regional Councils and the allocation of seats therein;the delimitation of territorial constituencies for the purpose of elections to those Councils;the qualifications for voting at such elections and the preparation of electoral rolls therefor;the qualifications for being elected at such elections as members of such Councils;the term of office of members of Regional Councils;any other matter relating to or connected with elections ornominations to such Councils;the procedure and the conduct of business (including the powerto act notwithstanding any vacancy) in the District and Regional Councils;the appointment of officers and staff of the District and RegionalCouncils.6A) The elected members of the District Council shall hold office fora term of five years from the date appointed for the first meeting of theCouncil after the general elections to the Council, unless the District Councilis sooner dissolved under paragraph 16 and a nominated member shall holdoffice at the pleasure of the Governor:Provided that the said period of five years may, while a Proclamation ofEmergency is in operation or if circumstances exist which, in the opinion ofthe Governor, render the holding of elections impracticable, be extended bythe Governor for a period not exceeding one year at a time and in any casewhere a Proclamation of Emergency is in operation not extending beyond aperiod of six months after the Proclamation has ceased to operate:Provided further that a member elected to fill a casual vacancy shall holdoffice only for the remainder of the term of office of the member whom he replaces.(7) The District or the Regional Council may after its first constitution make rules with the approval of the Governor with regard to the specified in sub-paragraph (6) of this paragraph and may also make rules with like approval] regulating\u2014the formation of subordinate local Councils or Boards and their procedure and the conduct of their business; andgenerally all matters relating to the transaction of business pertaining to the administration of the district or region, as the case maybe:Provided that until rules are made by the District or the Regional Council under this sub-paragraph the rules made by the Governor under subparagraph (6) of this paragraph shall have effect in respect of elections to, the officers and staff of, and the procedure and the conduct of business in, each such Council.3. Powers of the District Councils and Regional Councils to makelaws.\u2014(1) The Regional Council for an autonomous region in respect of all areas within such region and the District Council for an autonomous district in respect of all areas within the district except those which are under the authority of Regional Councils, if any, within the district shall have power to make laws with respect to\u2014the allotment, occupation or use, or the setting apart, of land, other than any land which is a reserved forest for the purposes of agriculture or grazing or for residential or other non-agricultural purposes or for any other purpose likely to promote the interests of the inhabitants of any village or town:Provided that nothing in such laws shall prevent the compulsory acquisition of any land, whether occupied or unoccupied, for public purposes by the Government of the State concerned] in accordance withthe law for the time being in force authorising such acquisition;the management of any forest not being a reserved forest;the use of any canal or water-course for the purpose of agriculture;the regulation of the practice of jhum or other forms of shifting cultivation;the establishment of village or town committees or councils and theirpowers;any other matter relating to village or town administration, includingvillage or town police and public health and sanitation;the appointment or succession of Chiefs or Headmen;the inheritance of property;marriage and divorce;Social customs.(2) In this paragraph, a \u201creserved forest\u201d means any area which is areserved forest under the Assam Forest Regulation, 1891, or under any otherlaw for the time being in force in the area in question.(3) All laws made under this paragraph shall be submitted forthwith tothe Governor and, until assented to by him, shall have no effect.4. Administration of justice in autonomous districts and autonomousregions.\u2014(1) The Regional Council for an autonomous region in respect of areas within such region and the District Council for an autonomous district in respect of areas within the district other than those which are under the authority of the Regional Councils, if any, within the district may constitute village councils or courts for the trial of suits and cases between the parties all of whom belong to Scheduled Tribes within such areas, other than suits and cases to which the provisions of sub-paragraph (1) of paragraph 5 of this Schedule apply, to the exclusion of any court in the State, and may appoint suitable persons to be members of such village councils or presiding officers of such courts, and may also appoint such officers as may be necessary for the administration of the laws made under paragraph 3 of this Schedule.(2) Notwithstanding anything in this Constitution, the Regional Council for an autonomous region or any court constituted in that behalf by the Regional Council or, if in respect of any area within an autonomous district there is no Regional Council, the District Council for such district, or any court constituted in that behalf by the District Council, shall exercise the powers of a court of appeal in respect of all suits and cases triable by a village council or court constituted under sub-paragraph (1) of this paragraph within such region or area, as the case may be, other than those to which the provisions of sub-paragraph (1) of paragraph 5 of this Schedule apply, and no other court except the High Court and the Supreme Court shall have jurisdiction over such suits or cases.(3) The High Court shall have and exercise such jurisdiction over the suits and cases to which the provisions of sub-paragraph (2) of this paragraph apply as the Governor may from time to time by order specify.(4) A Regional Council or District Council, as the case may be, may with the previous approval of the Governor make rules regulating\u2014the constitution of village councils and courts and the powers to be exercised by them under this paragraph;the procedure to be followed by village councils or courts in the trial of suits and cases under sub-paragraph (1) of this paragraph;the procedure to be followed by the Regional or District Council or any court constituted by such Council in appeals and other proceedings under sub-paragraph (2) of this paragraph;the enforcement of decisions and orders of such Councils and courts;all other ancillary matters for the carrying out of the provisions of sub-paragraphs (1) and (2) of this paragraph.(5) On and from such date as the President may, after consulting the Government of the State concerned], by notification appoint in this behalf, this paragraph shall have effect in relation to such autonomous district orregion as may be specified in the notification, as if\u2014(i) in sub-paragraph (1), for the words \u201cbetween the parties all of whom belong to Scheduled Tribes within such areas, other than suits and cases to which the provisions of sub-paragraph (1) of paragraph 5 of thisSchedule apply\u201d, the words \u201cnot being suits and cases of the naturereferred to in sub-paragraph (1) of paragraph (5) of this Schedule, whichthe Governor may specify in this behalf\u201d, had been substituted;(ii) Sub-paragraphs (2) and (3) had been omitted;(iii) In sub-paragraph (4)\u2014for the words \u201cA Regional Council or District Council, as thecase may be, may with the previous approval of the Governor makerules regulating\u201d, the words \u201cthe Governor may make rules regulating\u201dhad been substituted; andfor clause (a), the following clause had been substituted,namely:\u2014\u201c(a) the constitution of village councils and courts, the powersto be exercised by them under this paragraph and the courts towhich appeals from the decisions of village councils and courts shall lie;\u201dfor clause , the following clause had been substituted,namely:\u2014\u201c(c) the transfer of appeals and other proceedings pendingbefore the Regional or District Council or any court constitutedby such Council immediately before the date appointed by thePresident under sub-paragraph (5); \u201dandin clause (e), for the words, brackets and figures \u201csub-paragraphs(1) and (2)\u201d, the word, brackets and figure \u201csub-paragraph (1)\u201d had been substituted.5. Conferment of powers under the Code of Civil Procedure, 1908, and the Code of Criminal Procedure, 1898, on the Regional and District Councils and on certain courts and officers for the trial of certain suits, cases and offences.\u2014(1) The Governor may, for the trial of suits or cases arising out of any law in force in any autonomous district or region being a law specified in that behalf by the Governor, or for the trial of offences punishable with death, transportation for life, or imprisonment for a term of not less than five years under the Indian Penal Code or under any other law for the time being applicable to such district or region, confer on the District Council or the Regional Council having authority over such district or region or on courts constituted by such District Council or on any officer appointed in that behalf by the Governor, such powers under the Code of Civil Procedure, 1908, or, as the case may be, the Code of Criminal Procedure, 18981, as he deems appropriate, and thereupon the said Council, court or officer shall try the suits, cases or offences in exercise of the powers so conferred.(2) The Governor may withdraw or modify any of the powers conferred on a District Council, Regional Council, court or officer under sub-paragraph (1) of this paragraph.(3) Save as expressly provided in this paragraph, the Code of Civil Procedure, 1908, and the Code of Criminal Procedure, 1898, shall not apply to the trial of any suits, cases or offences in an autonomous district or in any autonomous region to which the provisions of this paragraph apply.(4) On and from the date appointed by the President under sub-paragraph (5) of paragraph 4 in relation to any autonomous district or autonomous region, nothing contained in this paragraph shall, in its application to that district or region, be deemed to authorise the Governor to confer on the District Council or Regional Council or on courts constituted by the District Council any of the powers referred to in sub-paragraph (1) of this paragraph.6. Powers of the District Council to establish primary schools, etc. \u2014(1) The District Council for an autonomous district may establish, construct,or manage primary schools, dispensaries, markets, cattle pounds, ferries,fisheries, roads, road transport and waterways in the district and may, with the previous approval of the Governor, make regulations for the regulation and control thereof and, in particular, may prescribe the language and the manner in which primary education shall be imparted in the primary schools in the district.(2) The Governor may, with the consent of any District Council, entrust either conditionally or unconditionally to that Council or to its officer\u2019s functions in relation to agriculture, animal husbandry, community projects, co-operative societies, social welfare, village planning or any other matter to which the executive power of the State extends.7. District and Regional Funds.\u2014(1) There shall be constituted for each autonomous district, a District Fund and for each autonomous region, a Regional Fund to which shall be credited all moneys received respectively by the District Council for that district and the Regional Council for that region in the course of the administration of such district or region, as the case may be, in accordance with the provisions of this Constitution.(2) The Governor may make rules for the management of the District Fund, or, as the case may be, the Regional Fund and for the procedure to be followed in respect of payment of money into the said Fund, the withdrawal of moneys therefrom, the custody of moneys therein and any other matter connected with or ancillary to the matters aforesaid. (3) The accounts of the District Council or, as the case may be, the Regional Council shall be kept in such form as the Comptroller and Auditor-General of India may, with the approval of the President, prescribe.(4) The Comptroller and Auditor-General shall cause the accounts of the District and Regional Councils to be audited in such manner as he may think fit, and the reports of the Comptroller and Auditor-General relating to such accounts shall be submitted to the Governor who shall cause them to be laid before the Council.8. Powers to assess and collect land revenue and to impose taxes.\u2014The Regional Council for an autonomous region in respect of all lands within such region and the District Council for an autonomous district in respect of all lands within the district except those which are in the areas under the authority of Regional Councils, if any, within the district, shall have the power to assess and collect revenue in respect of such lands in accordance with the principles for the time being followed by the Government of the State in assessing lands for the purpose of land revenue in the State generally.The Regional Council for an autonomous region in respect of areas within such region and the District Council for an autonomous district in respect of all areas in the district except those which are under the authority of Regional Councils, if any, within the district, shall have power to levy and collect taxes on lands and buildings, and tolls on persons resident within such areas.The District Council for an autonomous district shall have the power to levy and collect all or any of the following taxes within such district, that is to say\u2014taxes on professions, trades, callings and employments;taxes on animals, vehicles and boats;taxes on the entry of goods into a market for sale therein, and tolls on passengers and goods carried in ferries; andtaxes for the maintenance of schools, dispensaries or roadsA Regional Council or District Council, as the case may be, may make regulations to provide for the levy and collection of any of the taxes specified in sub-paragraphs (2) and (3) of this paragraph 2 and every such regulation shall be submitted forthwith to the Governor and, until assented to by him, shall have no effect9. Licences or leases for the purpose of prospecting for, or extraction of, minerals.\u2014Such share of the royalties accruing each year from licences or leases for the purpose of prospecting for, or the extraction of, minerals granted by the Government of the State] in respect of any area within an autonomous district as may be agreed upon between the Government of the State] and the District Council of such district shall be made over to that District Council.If any dispute arises as to the share of such royalties to be made over to a District Council, it shall be referred to the Governor for determination and the amount determined by the Governor in his discretion shall be deemed to be the amount payable under sub-paragraph (1) of this paragraph to the District Council and the decision of the Governor shall be final.10. Power of District Council to make regulations for the control ofmoney-lending and trading by non-tribal.\u2014The District Council of an autonomous district may make regulations for the regulation and control of money-lending or trading within the district by persons other than Scheduled Tribes resident in the district.In particular and without prejudice to the generality of the foregoing power, such regulations may\u2014Prescribe that no one except the holder of a licence issued in that behalf shall carry on the business of money-lending;Prescribe the maximum rate of interest which may be charged or be recovered by a money-lender;Provide for the maintenance of accounts by money-lenders and for the inspection of such accounts by officers appointed in that behalf by the District Council;Prescribe that no person who is not a member of the Scheduled Tribes resident in the district shall carry on wholesale or retail business in any commodity except under a licence issued in that behalf by the District Council:Provided that no regulations may be made under this paragraph unless they are passed by a majority of not less than three-fourths of the total membership of the District Council.Provided further that it shall not be competent under any such regulations to refuse the grant of a licence to a money-lender or a trader who has been carrying on business within the district since before the time of the making of such regulations.All regulations made under this paragraph shall be submitted forthwith to the Governor and, until assented to by him, shall have no effect.11. Publication of laws, rules and regulations made under theSchedule.\u2014All laws, rules and regulations made under this Schedule by a District Council or a Regional Council shall be published forthwith in the Official Gazette of the State and shall on such publication have the force of law.12. Application of Acts of Parliament and of the Legislature of the State of Assam to autonomous districts and autonomous regions in the State of Assam.\u2014notwithstanding anything in this Constitution\u2014no Act of the Legislature of the State of Assam in respect of any of the matters specified in paragraph 3 of this Schedule as matters with respect to which a District Council or a Regional Council may make laws, and no Act of the Legislature of the State of Assam prohibiting or restricting the consumption of any non-distilled alcoholic liquor shall apply to any autonomous district or autonomous region in that State unless in either case the District Council for such district or having jurisdiction over such region by public notification so directs, and the District Council in giving such direction with respect to any Act may direct that the Act shall in its application to such district or region or any part thereof have effect subject to such exceptions or modifications as it thinks fit;the Governor may, by public notification, direct that any Act of Parliament or of the Legislature of the State of Assam to which the provisions of clause (a) of this sub-paragraph do not apply shall not apply to an autonomous district or an autonomous region in that State, or shall apply to such district or region or any part thereof subject to such exceptions or modifications as he may specify in the notification.Any direction given under sub-paragraph (1) of this paragraph may be given so as to have retrospective effect.12A. Application of Acts of Parliament and of the Legislature of theState of Meghalaya to autonomous districts and autonomous regions in the State of Meghalaya.\u2014notwithstanding anything in this Constitution,\u2014if any provision of a law made by a District or Regional Councilin the State of Meghalaya with respect to any matter specified insub-paragraph (1) of paragraph 3 of this Schedule or if any provision ofany regulation made by a District Council or a Regional Council in thatState under paragraph 8 or paragraph 10 of this Schedule, is repugnantto any provision of a law made by the Legislature of the State ofMeghalaya with respect to that matter, then, the law or regulation madeby the District Council or, as the case may be, the Regional Councilwhether made before or after the law made by the Legislature of theState of Meghalaya, shall, to the extent of repugnancy, be void and thelaw made by the Legislature of the State of Meghalaya shall prevail;the President may, with respect to any Act of Parliament, bynotification, direct that it shall not apply to an autonomous district or anautonomous region in the State of Meghalaya, or shall apply to suchdistrict or region or any part thereof subject to such exceptions ormodifications as he may specify in the notification and any such directionmay be given so as to have retrospective effect.12AA. Application of Acts of Parliament and of the Legislature of theState of Tripura to the autonomous district and autonomous regions in theState of Tripura.\u2014notwithstanding anything in this Constitution,\u2014 no Act of the Legislature of the State of Tripura in respect of anyof the matters specified in paragraph 3 of this Schedule as matters withrespect to which a District Council or a Regional Council may makelaws, and no Act of the Legislature of the State of Tripura prohibiting orrestricting the consumption of any non-distilled alcoholic liquor shallapply to the autonomous district or an autonomous region in thatState unless, in either case, the District Council for that district orhaving jurisdiction over such region by public notification so directs, andthe District Council in giving such direction with respect to any Act maydirect that the Act shall, in its application to that district or such regionor any part thereof, have effect subject to such exceptions or modificationsas it thinks fit;the Governor may, by public notification, direct that any Act of theLegislature of the State of Tripura to which the provisions of clause (a)of this sub-paragraph do not apply, shall not apply to the autonomousdistrict or an autonomous region in that State, or shall apply to thatdistrict or such region, or any part thereof, subject to such exceptions ormodifications, as he may specify in the notification;the President may, with respect to any Act of Parliament, bynotification, direct that it shall not apply to the autonomous district or anautonomous region in the State of Tripura, or shall apply to such districtor region or any part thereof, subject to such exceptions or modificationsas he may specify in the notification and any such direction may be givenso as to have retrospective effect.12B. Application of Acts of Parliament and of the Legislature of theState of Mizoram to autonomous districts and autonomous regions in theState of Mizoram.\u2014notwithstanding anything in this Constitution,\u2014no Act of the Legislature of the State of Mizoram in respect of anyof the matters specified in paragraph 3 of this Schedule as matters withrespect to which a District Council or a Regional Council may makelaws, and no Act of the Legislature of the State of Mizoram prohibitingor restricting the consumption of any non-distilled alcoholic liquor shallapply to any autonomous district or autonomous region in that Stateunless, in either case, the District Council for such district or havingjurisdiction over such region, by public notification, so directs, and theDistrict Council, in giving such direction with respect to any Act, maydirect that the Act shall, in its application to such district or region or anypart thereof, have effect subject to such exceptions or modifications as itthinks fit;the Governor may, by public notification, direct that any Act of theLegislature of the State of Mizoram to which the provisions of clause (a)of this sub-paragraph do not apply, shall not apply to an autonomousdistrict or an autonomous region in that State, or shall apply to suchdistrict or region, or any part thereof, subject to such exceptions ormodifications, as he may specify in the notification;the President may, with respect to any Act of Parliament, bynotification, direct that it shall not apply to an autonomous district or anautonomous region in the State of Mizoram, or shall apply to such districtor region or any part thereof, subject to such exceptions or modificationsas he may specify in the notification and any such direction may be givenso as to have retrospective effect.13. Estimated receipts and expenditure pertaining to autonomousdistricts to be shown separately in the annual financial statement.\u2014Theestimated receipts and expenditure pertaining to an autonomous district whichare to be credited to, or is to be made from, the Consolidated Fund of theState shall be first placed before the District Council for discussion andthen after such discussion be shown separately in the annual financialstatement of the State to be laid before the Legislature of the State underarticle 202.14. Appointment of Commission to inquire into and report on theadministration of autonomous districts and autonomous regions.\u2014TheGovernor may at any time appoint a Commission to examine and report onany matter specified by him relating to the administration of the autonomousdistricts and autonomous regions in the State, including matters specified inclauses (c), (d), (e) and (f) of sub-paragraph (3) of paragraph 1 of this Schedule,or may appoint a Commission to inquire into and report from time to timeon the administration of autonomous districts and autonomous regions inthe State generally and in particular on\u2014the provision of educational and medical facilities andcommunications in such districts and regions;the need for any new or special legislation in respect of such districtsand regions; andthe administration of the laws, rules and regulations made by theDistrict and Regional Councils;and define the procedure to be followed by such Commission.The report of every such Commission with the recommendations ofthe Governor with respect thereto shall be laid before the Legislature of theState by the Minister concerned together with an explanatory memorandumregarding the action proposed to be taken thereon by the Government of the State.15. Annulment or suspension of acts and resolutions of District andRegional Councils.\u2014If at any time the Governor is satisfied that an actor resolution of a District or a Regional Council is likely to endanger thesafety of India or is likely to be prejudicial to public order], he may annulor suspend such act or resolution and take such steps as he may considernecessary (including the suspension of the Council and the assumption tohimself of all or any of the powers vested in or exercisable by the Council)to prevent the commission or continuance of such act, or the giving of effectto such resolution.Any order made by the Governor under sub-paragraph (1) of thisparagraph together with the reasons therefor shall be laid before theLegislature of the State as soon as possible and the order shall, unless revokedby the Legislature of the State, continue in force for a period of twelve monthsfrom the date on which it was so made:Provided that if and so often as a resolution approving the continuancein force of such order is passed by the Legislature of the State, the order shallunless cancelled by the Governor continue in force for a further period oftwelve months from the date on which under this paragraph it wouldotherwise have ceased to operate.16. Dissolution of a District or a Regional Council. \u2014 The Governormay on the recommendation of a Commission appointed underparagraph 14 of this Schedule by public notification order the dissolution ofa District or a Regional Council, and\u2014direct that a fresh general election shall be held immediately forthe reconstitution of the Council, orsubject to the previous approval of the Legislature of the Stateassume the administration of the area under the authority of such Councilhimself or place the administration of such area under the Commissionappointed under the said paragraph or any other body considered suitableby him for a period not exceeding twelve months:Provided that when an order under clause (a) of this paragraph has beenmade, the Governor may take the action referred to in clause (b) of thisparagraph with regard to the administration of the area in question pendingthe reconstitution of the Council on fresh general election:Provided further that no action shall be taken under clause (b) of thisparagraph without giving the District or the Regional Council, as thecase may be, an opportunity of placing its views before the Legislature of theState.If at any time the Governor is satisfied that a situation has arisen inwhich the administration of an autonomous district or region cannot be carriedon in accordance with the provisions of this Schedule, he may, by publicnotification, assume to himself all or any of the functions or powers vestedin or exercisable by the District Council or, as the case may be, the RegionalCouncil and declare that such functions or powers shall be exercisable bysuch person or authority as he may specify in this behalf, for a period notexceeding six months:Provided that the Governor may by a further order or orders extend theoperation of the initial order by a period not exceeding six months on eachoccasion.Every order made under sub-paragraph (2) of this paragraph with thereasons therefor shall be laid before the Legislature of the State and shallcease to operate at the expiration of thirty days from the date on which theState Legislature first sits after the issue of the order, unless, before the expiryof that period it has been approved by the State Legislature.17. Exclusion of areas from autonomous districts in formingconstituencies in such districts.\u2014For the purposes of elections to theLegislative Assembly of Assam or Meghalaya or Tripura or Mizoram,the Governor may by order declare that any area within an autonomous district in the State of Assam or Meghalaya or Tripura or Mizoram], asthe case may be,] shall not form part of any constituency to fill a seat or seatsin the Assembly reserved for any such district but shall form part of aconstituency to fill a seat or seats in the Assembly not so reserved to bespecified in the order.19. Transitional provisions.\u2014(1) As soon as possible after thecommencement of this Constitution the Governor shall take steps for theconstitution of a District Council for each autonomous district in the Stateunder this Schedule and, until a District Council is so constituted for anautonomous district, the administration of such district shall be vested in theGovernor and the following provisions shall apply to the administration ofthe areas within such district instead of the foregoing provisions of thisSchedule, namely:\u2014no Act of Parliament or of the Legislature of the State shall applyto any such area unless the Governor by public notification so directs;and the Governor in giving such a direction with respect to any Act maydirect that the Act shall, in its application to the area or to any specifiedpart thereof, have effect subject to such exceptions or modifications as hethinks fit;the Governor may make regulations for the peace and goodGovernment of any such area and any regulations so made may repealor amend any Act of Parliament or of the Legislature of the State or anyexisting law which is for the time being applicable to such area.(2) Any direction given by the Governor under clause (a) of sub-paragraph(1) of this paragraph may be given so as to have retrospective effect.(3) All regulations made under clause (b) of sub-paragraph (1) of thisparagraph shall be submitted forthwith to the President and, until assentedto by him, shall have no effect.20. Tribal areas.\u2014(1) The areas specified in Parts I, II , IIA and III oftable below shall respectively be the tribal areas within the State of Assam,the State of Meghalaya , the State of Tripura] and the State of Mizoram.(2) Any reference in Part I, Part II or Part III of the table below] to anydistrict shall be construed as a reference to the territories comprised withinthe autonomous district of that name existing immediately before the dayappointed under clause (b) of section 2 of the North-Eastern Areas(Reorganisation) Act, 1971:Provided that for the purposes of clauses (e) and (f) of sub-paragraph (1)of paragraph 3, paragraph 4, paragraph 5, paragraph 6, sub-paragraph (2),clauses (a), (b) and (d) of sub-paragraph (3) and sub-paragraph (4) of paragraph8 and clause (d) of sub-paragraph (2) of paragraph 10 of this Schedule, nopart of the area comprised within the municipality of Shillong shall be deemed to be within the Khasi Hills District.(3) The reference in Part IIA in the table below to the \u201cTripura TribalAreas District\u201d shall be construed as a reference to the territory comprisingthe tribal areas specified in the First Schedule to the Tripura Tribal AreasAutonomous District Council Act, 1979.TABLEPART IThe North Cachar Hills District.The Karbi Anglong District.The Bodoland Territorial Areas District.PART IIKhasi Hills District.Jaintia Hills District.The Garo Hills DistrictPART IIATripura Tribal Areas District.PART IIIThe Chakma District.The Mara District.The Lai District.20A. Dissolution of the Mizo District Council.\u2014(1) Notwithstandinganything in this Schedule, the District Council of the Mizo District existingimmediately before the prescribed date (hereinafter referred to as the MizoDistrict Council) shall stand dissolved and cease to exist.(2) The Administrator of the Union territory of Mizoram may, by one ormore orders, provide for all or any of the following matters, namely:\u2014the transfer, in whole or in part, of the assets, rights and liabilitiesof the Mizo District Council (including the rights and liabilities underany contract made by it) to the Union or to any other authority;the substitution of the Union or any other authority for the MizoDistrict Council, or the addition of the Union or any other authority, asa party to any legal proceedings to which the Mizo District Council is aparty;the transfer or re-employment of any employees of the Mizo DistrictCouncil to or by the Union or any other authority, the terms and conditionsof service applicable to such employees after such transfer orre-employment;the continuance of any laws, made by the Mizo District Counciland in force immediately before its dissolution, subject to such adaptationsand modifications, whether by way of repeal or amendment, as theAdministrator may make in this behalf, until such laws are altered,repealed or amended by a competent Legislature or other competentauthority;such incidental, consequential and supplementary matters as theAdministrator considers necessary.Explanation.\u2014In this paragraph and in paragraph 20B of this Schedule,the expression \u201cprescribed date\u201d means the date on which the LegislativeAssembly of the Union territory of Mizoram is duly constituted under andin accordance with the provisions of the Government of Union TerritoriesAct, 1963.20B. Autonomous regions in the Union territory of Mizoram to beautonomous districts and transitory provisions consequent thereto.\u2014(1) Notwithstanding anything in this Schedule,\u2014every autonomous region existing immediately before the prescribeddate in the Union territory of Mizoram shall, on and from that date, bean autonomous district in that Union territory (hereafter referred to asthe corresponding new district) and the Administrator thereof may, byone or more orders, direct that such consequential amendments as arenecessary to give effect to the provisions of this clause shall be made inparagraph 20 of this Schedule (including Part III of the table appendedto that paragraph) and thereupon the said paragraph and the saidPart III shall be deemed to have been amended accordingly;every Regional Council of an autonomous region in the Unionterritory of Mizoram existing immediately before the prescribed date(hereafter referred to as the existing Regional Council) shall, on and fromthat date and until a District Council is duly constituted for thecorresponding new district, be deemed to be the District Council of thatdistrict (hereafter referred to as the corresponding new District Council).(2) Every member whether elected or nominated of an existing RegionalCouncil shall be deemed to have been elected or, as the case may be, nominatedto the corresponding new District Council and shall hold office until a DistrictCouncil is duly constituted for the corresponding new district under thisSchedule.(3) Until rules are made under sub-paragraph (7) of paragraph 2 andsub-paragraph (4) of paragraph 4 of this Schedule by the corresponding newDistrict Council, the rules made under the said provisions by the existingRegional Council and in force immediately before the prescribed date shallhave effect in relation to the corresponding new District Council subject tosuch adaptations and modifications as may be made therein by theAdministrator of the Union territory of Mizoram.(4) The Administrator of the Union territory of Mizoram may, by one ormore orders, provide for all or any of the following matters, namely:\u2014the transfer in whole or in part of the assets, rights and liabilitiesof the existing Regional Council (including the rights and liabilities underany contract made by it) to the corresponding new District Council;the substitution of the corresponding new District Council for theexisting Regional Council as a party to the legal proceedings to whichthe existing Regional Council is a party;the transfer or re-employment of any employees of the existingRegional Council to or by the corresponding new District Council, theterms and conditions of service applicable to such employees after suchtransfer or re-employment;the continuance of any laws made by the existing Regional Counciland in force immediately before the prescribed date, subject to suchadaptations and modifications, whether by way of repeal or amendment,as the Administrator may make in this behalf until such laws are altered,repealed or amended by a competent Legislature or other competentauthority;such incidental, consequential and supplementary matters as theAdministrator considers necessary20C. Interpretation.\u2014Subject to any provision made in this behalf, theprovisions of this Schedule shall, in their application to the Union territoryof Mizoram, have effect\u2014(1) as if references to the Governor and Government of the State werereferences to the Administrator of the Union territory appointed underarticle 239, references to State (except in the expression \u201cGovernment ofthe State\u201d) were references to the Union territory of Mizoram andreferences to the State Legislature were references to the LegislativeAssembly of the Union territory of Mizoram;(2) as if\u2014in sub-paragraph (5) of paragraph 4, the provision for consultationwith the Government of the State concerned had been omitted;in sub-paragraph (2) of paragraph 6, for the words \u201cto which theexecutive power of the State extends\u201d, the words \u201cwith respect to whichthe Legislative Assembly of the Union territory of Mizoram has power tomake laws\u201d had been substituted;in paragraph 13, the words and figures \u201cunder article 202\u201d hadbeen omitted.21. Amendment of the Schedule.\u2014(1) Parliament may from time to timeby law amend by way of addition, variation or repeal any of the provisionsof this Schedule and, when the Schedule is so amended, any reference to thisSchedule in this Constitution shall be construed as a reference to such Scheduleas so amended.(2) No such law as is mentioned in sub-paragraph (1) of this paragraphshall be deemed to be an amendment of this Constitution for the purposes of article 368.", "qas": []}]}, {"title": "Article 207 Special provisions as to financial Bills..txt", "paragraphs": [{"context": "Article 207 Special 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 199 shall not be introduced or moved except on the recommendation of the Governor, and a Bill making such provision shall not be introduced in a Legislative Council: Provided that no recommendation shall be required under this clause for the moving of an amendment making provision for the reduction or abolition of any tax.(2) A Bill or amendment shall not be deemed to make provision for any of the matters aforesaid by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.(3) A Bill which, if enacted and brought into operation, would involve expenditure from the Consolidated Fund of a State shall not be passed by a House of the Legislature of the State unless the Governor has recommended to that House the consideration of the Bill.", "qas": []}]}, {"title": "Article 243ZB Application to Union territories..txt", "paragraphs": [{"context": "Article 243ZB Application to Union territories.The provisions of this Part shall apply to the Union territories and shall, in their application to a Union territory, have effect as if the references to the Governor of a State were references to the Administrator of the Union territory appointed under article 239 and references to the Legislature or the Legislative Assembly of a State were references in relation to a Union territory having aLegislative Assembly, to that Legislative Assembly: Provided that the President may, by public notification, direct that the provisions of this Part shall apply to any Union territory or part thereof subject to such exceptions and modifications as he may specify in the notification.", "qas": []}]}, {"title": "Article 252 Power of Parliament to legislate for two or more States by consent and adoption of such legislation by.txt", "paragraphs": [{"context": "Article 252 Power of Parliament to legislate for two or more States by consent and adoption of such legislation by(1) If it appears to the Legislatures of two or more States to be desirable that any of the matters with respect to which Parliament has no power to make laws for the States except as provided in articles 249 and 250 should be regulated in such States by Parliament by law, and if resolutions to that effect are passed by all the Houses of the Legislatures of those States, it shall be lawful for Parliament to pass an Act for regulating that matter accordingly, and any Act so passed shall apply to such States and to any other State by which it is adopted afterwards by resolution passed in that behalf by the House or, where there are two Houses, by each of the Houses of the Legislature of that State.(2) Any Act so passed by Parliament may be amended or repealed by an Act of Parliament passed or adopted in like manner but shall not, as respects any State to which it applies, be amended or repealed by an Act of the Legislature of that State.", "qas": []}]}, {"title": "Article 336 Special provision for Anglo-Indian community in certain services..txt", "paragraphs": [{"context": "Article 336 Special provision for Anglo-Indian community in certain services.(1) During the first two years after the commencement of this Constitution, appointments of members of the Anglo-Indian community to posts in the railway, customs, postal and telegraph services of the Union shall be made on the same basis as immediately before the fifteenth day of August, 1947.During every succeeding period of two years, the number of posts reserved for the members of the said community in the said services shall, as nearly as possible, be less by ten per cent. than the numbers so reserved during the immediately preceding period of two years:  Provided that at the end of ten years from the commencement of this Constitution all such reservations shall cease.(2) Nothing in clause (1) shall bar the appointment of members of the Anglo-Indian community to posts other than, or in addition to, those reserved for the community under that clause if such members are found qualified for appointment on merit as compared with the members of other communities.", "qas": []}]}, {"title": "Article 224A Appointment of retired Judges at sittings of High Courts..txt", "paragraphs": [{"context": "Article 224A Appointment of retired Judges at sittings of High Courts.Notwithstanding anything in this Chapter, the Chief Justice of a High Court for any State may at any time, with the previous consent of the President,request any person who has held the office of a Judge of that Court or of any other High Court to sit and act as a Judge of the High Court for that State, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the President may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a Judge of that High Court: Provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a Judge of that High Court unless he consents so to do.", "qas": []}]}, {"title": "Article 92 The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.txt", "paragraphs": [{"context": "Article 92 The 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 resolution for the removal of the Deputy Chairman from his office is under consideration, the Deputy Chairman, shall not, though he is present, preside, and the provisions of clause (2) of article 91 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Chairman, or, as the case may be, the Deputy Chairman, is absent.(2) The Chairman shall have the right to speak in, and otherwise to take part in the proceedings of, the Council of States while any resolution for the removal of the Vice-President from his office is under consideration in the Council, but, notwithstanding anything in article 100, shall not be entitled to vote at all on such resolution or on any other matter during such proceedings.Debate SummaryArticle 75-A, Draft Constitution 1948At 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 resolution for the removal of the Deputy Chairman from his office is under consideration, the Deputy Chairman, shall not, though he is present, preside, and the provisions of clause (2) of the last preceding article shall apply in relation to every such sitting as they apply in relation to a sitting, from which the Chairman or, as the case may be, the Deputy Chairman, is absent.Draft Article 75-A was debated on 19 May 1949. It was not a part of the initial Draft Constitution, 1948. The Drafting Committee introduced it as an amendment. It barred the Chairman and Deputy Chairman of the Council of State from presiding sittings dealing with any resolution seeking their removal.A member believed that the Draft Article failed to address a lacuna: while it prohibited the Chairman and Deputy Chairman from presiding a sitting that dealt with their removal, it did not provide for an alternative member to chair such sittings.The Chairman of the Drafting Committee justified the Draft Article. If the Chairman of the Council of States was facing removal charges then the Deputy Chairman would preside and vice versa. If Chairman or Deputy Chairman were absent or unavailable then the rules of procedure of the Council would apply and a member would be chosen to preside.The Constituent Assembly adopted the Draft Article, without any amendments, on 19th May 1949.", "qas": []}]}, {"title": "Article 37 Application of the principles contained in this Part..txt", "paragraphs": [{"context": "Article 37 Application of the principles contained in this Part.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.Debate SummaryArticle 29, Draft Constitution of India, 1948The 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.Draft Article 29 was discussed in the Assembly on 19th November 1948. This Draft Article, gateway clause of Part IV of the Constitution, put forward the institutional division of labour regarding the enforcement of the Directive Principles of State Policy. It explicitly states that the implementation of the principles would be the sole domain of the State, and not the Courts. An amendment was moved in the Assembly to give legal force to the DPSPs. It was felt that without any legal force, the principles were merely pious wishes. A member said that to have critical socio-economic principles, or any provision for that matter, as not legally enforceable would give make the judiciary lax in implementing the Constitution. Further, it was argued that the socio-economic principles had been ignored during colonial rule, and it was imperative to give them effect in independent India, and legal enforceability was critical to this endeavour, The Article did find support. Another member felt that the very existence of the DPSPs in the constitutional text meant that legislatures could not ignore or violate them, and was confident that the principles would be implemented despite the lack of legal force behind them. The Article was adopted without amendment. ", "qas": []}]}, {"title": "Article 233A Validation of appointments of, and judgments, etc., delivered by, certain district judges..txt", "paragraphs": [{"context": "Article 233A Validation of appointments of, and judgments, etc., delivered by, certain district judges.Notwithstanding any judgment, decree or order of any court, \u2014(a) (i) no appointment of any person already in the judicial service of a State or of any person who has been for not less than seven years an advocate or a pleader, to be a district judge in that State, and(ii) no posting, promotion or transfer of any such person as a district judge,made at any time before the commencement of the Constitution (Twentieth Amendment) Act, 1966,otherwise than in accordance with the provisions of article 233 or article 235 shall be deemed to be illegal or void or ever to have become illegal or void by reason only of the fact that such appointment, posting, promotion or transfer was not made in accordance with the said provisions;(b) no jurisdiction exercised, no judgment, decree, sentence or order passed or made, and no other act or proceeding done or taken, before the commencement of the Constitution (Twentieth Amendment) Act, 1966 by, or before, any person appointed, posted, promoted or transferred as a district judge in any State otherwise than in accordance with the provisions of article 233 or article 235 shall be deemed to be illegal or invalid or ever to have become illegal or invalid by reason only of the fact that such appointment, posting, promotion or transfer was not made in accordance with the said provisions.", "qas": []}]}, {"title": "Article 159 Oath or affirmation by the Governor..txt", "paragraphs": [{"context": "Article 159 Oath or affirmation by the Governor.Every Governor and every person discharging the functions of the Governor shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of the High Court exercising jurisdiction in relation to the State, or, in his absence, the seniormostJudge of that Court available, an oath or affirmation in the following form, that is to say \u2014\u201cI, A. B., do swear in the name of God that I will faithfully execute the office of Governor (or discharge the functions of the Governor) of .............(name of the State) and will to the best of my ability preserve,  protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of ..\u2026\u2026\u2026(name of the State).\u201dDebate SummaryArticle 136, Draft Constitution, 1948Every Governor and every person discharging the functions of the Governor shall before entering upon his office make and subscribe in the presence of the members of the Legislature of the State an affirmation or oath in the following form, that is to say:-\"I, A. B., do solemnly affirm (or swear) that I will faithfully execute the office of Governor (or discharge the functions of the Governor) of (name of the State) and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of (name of the State).Draft Article 136 (Article 159) was debated on 31st May 1949. It set out the oath or affirmation to be taken by a Governor before taking office.A member of the Drafting Committee proposed an amendment to require the Governor to make his affirmation or oath in the presence of the Chief Justice of the relevant High Court, rather than members of the State Legislature. He argued that this amendment would mirror the language of Draft Article 49 (Article 60) which set out the affirmation or oath sworn by the President.A member proposed to amend the Draft Article to allow oath-takers to \u2018swear in the name of God\u2019. He pointed out that a similar amendment had been accepted to Draft Article 49.Both amendments were endorsed by the Chairman of the Drafting Committee and accepted by the Assembly without debate. The amended Draft Article was adopted on 31st May 1949.", "qas": []}]}, {"title": "Article 143 Power of President to consult Supreme Court..txt", "paragraphs": [{"context": "Article 143 Power 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 expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to that Court for consideration and the Court may, after such hearing as it thinks fit, report to the President its opinion thereon.(2) The President may, notwithstanding anything inthe proviso to article 131, refer a dispute of the kind mentioned in the said provisoto the Supreme Court for opinion and the Supreme Court shall, after such hearing as it thinks fit, report to the President its opinion thereon.Debate SummaryArticle 119, Draft Constitution, 1948(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 such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to that court for consideration and the court may, after such hearing as it thinks fit, report to the President its opinion thereon.(2) The President may, notwithstanding anything contained in clause (i) of the proviso to article 109 of this Constitution, refer a dispute of the kind mentioned in the said clause to the Supreme Court for decision, and the Supreme Court shall thereupon, after giving the parties an opportunity of being heard, decide the same and report the fact to the President.Draft Article 119 (Article 143) was debated on 27th May 1949 and 6th June 1949.A member proposed that clause (2) be amended to read as follows:\u2018The President, may notwithstanding anything contained in clause (i) of the proviso to article 109 of this constitution refer a dispute of the kind mentioned in the said clause to the Supreme Court for opinion, and the Supreme Court shall thereupon, after giving the parties and opportunity of being heard, submit its opinion and report to the President.\u2019The amendment was accepted by the Assembly without debate. The amended Draft Article was adopted on 6th June 1949.", "qas": []}]}, {"title": "Article 254 Inconsistency between laws made by Parliament and laws made by the Legislatures of States..txt", "paragraphs": [{"context": "Article 254 Inconsistency between laws made by Parliament and laws made by the Legislatures of States.(1) If any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament is competent to enact, or to any provision of an existing law with respect to one of the matters enumerated in the Concurrent List, then, subject to the provisions of clause (2), the law made by Parliament, whether passed before or after the law made by the Legislature of such State, or, as the case may be, the existing law, shall prevail and the law made by the Legislature of the State shall, to the extent of the repugnancy, be void.(2) Where a law made by the Legislature of a State with respect to one of the matters enumerated in the Concurrent List contains any provision repugnant to the provisions of an earlier law made by Parliament or an existing law with respect to that matter, then, the law so made by the Legislature of such State shall, if it has been reserved for the consideration of the President and has received his assent, prevail in that State: Provided that nothing in this clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislature of the State.", "qas": []}]}, {"title": "Article 309 Recruitment and conditions of service of persons serving the Union or a State..txt", "paragraphs": [{"context": "Article 309 Recruitment and conditions of service of persons serving the Union or a State.Subject to the provisions of this Constitution, Acts of the appropriate Legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the Union or of any State: Provided that it shall be competent for the President or such person as he may direct in the case of services and posts in connection with the affairs of the Union, and for the Governor of a State or such person as he may direct in the case of services and posts in connection with the affairs of the State, to make rules regulating the recruitment, and the conditions of service of persons appointed, to such services and posts until provision in that behalf is made by or under an Act of the appropriate Legislature under this article, and any rules so made shall have effect subject to the provisions of any such Act.", "qas": []}]}, {"title": "Article 27 Freedom as to payment of taxes for promotion of any particular religion..txt", "paragraphs": [{"context": "Article 27 Freedom as to payment of taxes for promotion of any particular religion.No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denominationDebate SummaryArticle 21, Draft Constitution of India, 1950No person may be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.The Constituent Assembly took up Article 21 for debate on 7th December 1948. The draft article barred the State from imposing any tax on citizens in order to raise funds to promote and maintain a religion or religious denominationThere some confusion in the Assembly about the Article\u2019s meaning \u2013 some members seemed to have misinterpreted the Article to mean that religious property was not taxable. Operating under this false understanding, a member argued that religious property should be treated on par with other types of property and should be taxable. A member intervened and clarified the true meaning of the Article and the motivations behind it. It was pointed out that in Indian history kings often collected a special tax to support a particular religion; this use of public tax money had no place in secular India. The Article was adopted without amendment. However, later on, in the revised Draft Constitution, 1949, the Draft Article was tweaked to ensure clarity: the heading was changed to \u2018Freedom as to payment of taxes for promotion and maintenance of any particular religion or religious denomination\u2019, and \u2018shall\u2019 replaced \u2018may\u2019.", "qas": []}]}, {"title": "Article 135 Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court..txt", "paragraphs": [{"context": "Article 135 Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court.Until 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 134 do not apply if jurisdiction and powers in relation to that matter were exercisable by the Federal Court immediately before the commencement of this Constitution under any existing law.Debate SummaryDraft Article 112B (Article 135) was not initially included in the Draft Constitution. The Chairman of the Drafting Committee proposed the insertion of the following provisions:\u2018Jurisdiction and powers of His Majesty in Council under existing law in certain cases to be exercisable by the Supreme Court.112 B. Until Parliament by law otherwise provides, the Supreme Court shall also have jurisdiction and powers with respect to matters other than those referred to in the foregoing provisions of this Chapter in relation to which jurisdiction and powers were exercisable by His Majesty in Council immediately before the commencement of this Constitution under any existing law'.The insertion of Draft Article 112B was debated in the Assembly on 15th September 1949. It conferred all the powers and jurisdiction previously exercised by the Privy Council on the Supreme Court. The Chairman of the Drafting Committee stated that the provision was necessary to ensure that the Supreme Court could exercise jurisdiction over all proceedings, including those relating to income tax and property acquisition.One member proposed that the article be amended to expand the power of the court to anything under jurisdiction by law \u2018or practice\u2019. He argued that the Privy Council may have been exercising certain powers which had not been codified, and therefore by including the phrase \u2018or practice\u2019, it included even non-codified customs within the jurisdiction of the Supreme Court. The Chairman of the Drafting Committee responded that the term was ordinarily taken to include matters of procedure, it would be improper to make the amendment since Draft Article 112B dealt only with the substantive matter of jurisdiction.Another member proposed that the Supreme Court's jurisdiction should be extended to allow it to hear appeals against death sentences passed by court martials, citingcertain procedural issues which impacted the ability of the accused to have a fair and impartial trial. The Chairman of the Drafting Committee responded that there was no impediment to Parliament making an appropriate provision in the Army Act conferring such a power on the Supreme Court, and therefore the amendment was unnecessary.All amendments were withdrawn by the proposing members. Draft Article 112B was adopted by the Assembly on 15th September 1949..", "qas": []}]}, {"title": "Article 138 Enlargement of the jurisdiction of the Supreme Court.txt", "paragraphs": [{"context": "Article 138 Enlargement 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 Court shall have such further jurisdiction and powers with respect to any matter as the Government of India and the Government of any State may by special agreement confer, if Parliament by law provides for the exercise of such jurisdiction and powers by the Supreme Court.Debate SummaryArticle 114, Draft Constitution, 1948(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 Court shall have such further jurisdiction and powers with respect to any matter as the Government of India and any State may by special agreement confer, if Parliament by law provides for the exercise of such jurisdiction and powers by the Supreme Court.Draft Article 114 (Article 138) was debated on 6th June 1949.It authorized Parliament to expand the Supreme Court\u2019s jurisdiction and powers.The Draft Article was accepted without debate and adopted by the Assembly on6th June 1949.", "qas": []}]}, {"title": "Article 91 Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman..txt", "paragraphs": [{"context": "Article 91 Power 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 performed by the Deputy Chairman, or, if the office of Deputy Chairman is also vacant, by such member of the Council of States as the President may appoint for the purpose.(2) During the absence of the Chairman from any sitting of the Council of States the Deputy Chairman, or, if he is also absent, such person as may be determined by the rules of procedure of the Council, or, if no such person is present, such other person as may be determined by the Council, shall act as Chairman.Debate SummaryArticle 75, Draft Constitution 1948(1) While the office of Chairman is vacant, or during any period when the Vice-President is acting as, or discharging the functions of the, President under article 54 of this Constitution, the duties of the office shall be performed by the Deputy Chairman, or if the office of Deputy Chairman is also vacant, by such member of the Council of States as the President may appoint for the purpose.(2) During the absence of the Chairman from any sitting of the Council of States, the Deputy Chairman or, if he is also absent, such person as may be determined by the rules of procedure of the Council, or, if no such person is present, such other person as may be determined by the Council, shall act as Chairman.Draft Article 75 (Article 91, Constitution of India, 1950) was debated on 19th May 1949. It laid down the power of the Deputy Chairman of the Council of States.The Constituent Assembly adopted the Draft Article without any discussionon 19th May 1949.", "qas": []}]}, {"title": "Article 173 Qualification for membership of the State Legislature..txt", "paragraphs": [{"context": "Article 173 Qualification for membership of the State Legislature.A person shall not be qualified to be chosen to fill a seat in the Legislature of a State unless he \u2014(a) is a citizen of India, and makes and subscribes before some person authorised in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule;(b) is, in the case of a seat in the Legislative Assembly, not less than twenty-five years of age and, in the case of a seat in the Legislative Council, not less than thirty years of age; and(c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament.", "qas": []}]}, {"title": "Article 367 Interpretation..txt", "paragraphs": [{"context": "Article 367 Interpretation.(1) Unless the context otherwise requires, the General Clauses Act, 1897, shall, subject to any adaptations and modifications that may be made therein under article 372, apply for the interpretation of this Constitution as it applies for the interpretation of an Act of the Legislature of the Dominion of India.(2) Any reference in this Constitution to Acts or laws of, or made by, Parliament, or to Acts or laws of, or made by, the Legislature of a State, shall be construed as including a reference to an Ordinance made by the President or, to an Ordinance made by a Governor, as the case may be.(3) For the purposes of this Constitution \u201cforeign State\u201d means any State other than India: Provided that, subject to the provisions of any law made by Parliament, the President may by order declare any State not to be a foreign State for such purposes as may be specified in the order.", "qas": []}]}, {"title": "Article 44 Uniform civil code for the citizens..txt", "paragraphs": [{"context": "Article 44 Uniform civil code for the citizens.The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.Debate SummaryArticle 35, Draft Constitution of IndiaThe State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.The Constituent Assembly took up Draft Article 35 for debate on 23 December 1948. As the text of the Draft Article suggests, it directed the State to bring about a uniform civil code across India. The debate around the Draft Article triggered conflict. Most of the opposition to the Draft Article came from Muslim members who moved amendments to keep personal laws out of Draft Article\u2019 scope and introduce a proviso that operationalised the Draft Article only with the prior assent of the community.The arguments mobilised to attack the Draft Article included: first, that uniform civil code violated freedom of religion; second, the Draft Article would create disharmony within the Muslim community and third; it was wrong to interfere with personal law without the approval of religious communities. The Draft Article did find support. Members argued that the UCC was important to uphold the unity of the country and the Constitution\u2019s secular credentials. One member reminded Muslims members that this was not a provision that would affect the Muslim community alone \u2013 even the Hindu community had to deal with it. It was further added that women\u2019s rights could never be secured without a UCC. Also, the argument that UCC would violate religious freedom under the Constitution was rejected - the Constitution gave space for social reform legislation.At the end of the debate, it was clarified that there was nothing new about the UCC: there was already a common civil code in India. The only difference with the new UCC was that it would cover marriage and inheritance \u2013 which were not under the scope of the existing code. It was also pointedout that the UCC was a Directive Principle, the State was not obliged to bring the provision into effect immediately and there was space for the consent of communities to be obtained.", "qas": []}]}, {"title": "Article 334 Reservation of seats and special representation to cease after sixty years..txt", "paragraphs": [{"context": "Article 334 Reservation of seats and special representation to cease after sixty years.Notwithstanding anything in the foregoing provisions of this Part, the provisions of this Constitution relating to \u2014(a) the reservation of seats for the Scheduled Castes and the Scheduled Tribes in the House of the People and in the Legislative Assemblies of the States; and(b) the representation of the Anglo-Indian community in the House of the People and in the Legislative Assemblies of the States by nomination, shall cease to have effect on the expiration of a period of sixty yearsfrom the commencement of this Constitution:  Provided that nothing in this article shall affect any representation in the House of the People or in the Legislative Assembly of a State until the dissolution of the then existing House or Assembly, as the case may be.", "qas": []}]}, {"title": "Article 249 Power of Parliament to legislate with respect to a matter in the State List in the national interest..txt", "paragraphs": [{"context": "Article 249 Power of Parliament to legislate with respect to a matter in the State List in the national interest.(1) Notwithstanding anything in the foregoing provisions of this Chapter, if the Council of States has declared by resolution supported by not less than twothirds of the members present and voting that it is necessary or expedient in the national interest that Parliament should make laws with respect to any matter enumerated in the State List specified in the resolution, it shall be lawful for Parliament to make laws for the whole or any part of the territory of India with respect to that matter while the resolution remains in force.(2) A resolution passed under clause (1) shall remain in force for such period not exceeding one year as may be specified therein: Provided that, if and so often as a resolution approving the continuance in force of any such resolution is passed in the manner provided in clause (1), such resolution shall continue in force for a further period of one year from the date on which under this clause it would otherwise have ceased to be in force.(3) A law made by Parliament which Parliament would not but for the passing of a resolution under clause (1) have been competent to make shall, to the extent of the incompetency, cease to have effect on the expiration of a period of six months after the resolution has ceased to be in force, except as respects things done or omitted to be done before the expiration of the said period.", "qas": []}]}, {"title": "Article 93 The Speaker and Deputy Speaker of the House of the People..txt", "paragraphs": [{"context": "Article 93 The Speaker and Deputy Speaker of the House of the People.The 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 Deputy Speaker becomes vacant, the House shall choose another member to be Speaker or Deputy Speaker, as the case may be.Debate SummaryArticle 76, Draft Constitution of India, 1948The 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 Deputy Speaker becomes vacant, the House shall choose another member to be Speaker or Deputy Speaker, as the case may be.Draft Article 76 (Article 93, Constitution of India, 1950) was discussed on 19 May 1949. It established the offices of the Speaker and Deputy Speaker.There was no substantive debate around the Draft Article. The Assembly adopted it without amendments on 19 May 1949.", "qas": []}]}, {"title": "Article 342 Scheduled Tribes..txt", "paragraphs": [{"context": "Article 342 Scheduled Tribes.(1) The President may with respect to any State or Union territory, and where it is a State 4, after consultation with the Governorthereof, by public notification6 , specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes in relation to that State or Union territory, as the case may be.(2) Parliament may by law include in or exclude from the list of Scheduled Tribes specified in a notification issued under clause (1) any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.", "qas": []}]}, {"title": "Part D Provisions As To The Judges Of The Supreme Court And Of The High Courts.txt", "paragraphs": [{"context": "Part D Provisions As To The Judges Of The Supreme Court And Of The High Courts9. (1) There shall be paid to the Judges of the Supreme Court, in respect of time spent on actual service, salary at the following rates per mensem, that is to say :\u2014The Chief Justice .. 6 10,000 rupees.Any other Judge .. 7 9,000 rupees: Provided that if a Judge of the Supreme Court at the time of his appointment is in receipt of a pension (other than a disability or wound pension) in respect of any previous service under the Government of India or any of its predecessor Governments or under the Government of a State or any of its predecessor Governments, his salary in respect of service in the Supreme Court shall be reduced \u2014(a) by the amount of that pension, and(b) if he has, before such appointment, received in lieu of a portion of the pension due to him in respect of such previous service the commuted value thereof, by the amount of that portion of the pension, and(c) if he has, before such appointment, received a retirement gratuity in respect of such previous service, by the pension equivalent of that gratuity.(2) Every Judge of the Supreme Court shall be entitled without payment of rent to the use of an official residence.(3) Nothing in sub-paragraph (2) of this paragraph shall apply to a Judge who, immediately before the commencement of this Constitution, \u2014(a) was holding office as the Chief Justice of the Federal Court and has become on such commencement the Chief Justice of the Supreme Court under clause (1) of article 374, or(b) was holding office as any other Judge of the Federal Court and has on such commencement become a Judge (other than the Chief Justice) of the Supreme Court under the said clause,during the period he holds office as such Chief Justice or other Judge, and every Judge who so becomes the Chief Justice or other Judge of the Supreme Court shall, in respect of time spent on actual service as such Chief Justice or other Judge, as the case may be, be entitled to receive in addition to the salary specified in sub-paragraph (1) of this paragraph as special pay an amount equivalent to the difference between the salary so specified and the salary which he was drawing immediately before such commencement.(4) Every Judge of the Supreme Court shall receive such reasonable allowances to reimburse him for expenses incurred in travelling on duty within the territory of India and shall be afforded such reasonable facilitiesin connection with travelling as the President may from time to time prescribe.(5) The rights in respect of leave of absence (including leave allowances) and pension of the Judges of the Supreme Court shall be governed by the provisions which, immediately before the commencement of this Constitution, were applicable to the Judges of the Federal Court.10. (1) There shall be paid to the Judges of High Courts, in respect of time spent on actual service, salary at the following rates per mensem, that is to say, \u2014The Chief Justice .. 9,000 rupeesAny other Judge .. 8,000 rupees: Provided that if a Judge of a High Court at the time of his appointment is in receipt of a pension (other than a disability or wound pension) in respect of any previous service under the Government of India or any of its predecessor Governments or under the Government of a State or any of its predecessor Governments, his salary in respect of service in the High Court shall be reduced \u2014(a) by the amount of that pension, and(b) if he has, before such appointment, received in lieu of a portion of the pension due to him in respect of such previous service the commuted value thereof, by the amount of that portion of the pension, and(c) if he has, before such appointment, received a retirement gratuity in respect of such previous service, by the pension equivalent of that gratuity.(2) Every person who immediately before the commencement of this Constitution \u2014(a) was holding office as the Chief Justice of a High Court in any Province and has on such commencement become the Chief Justice of the High Court in the corresponding State under clause (1) of article 376, or(b) was holding office as any other Judge of a High Court in any Province and has on such commencement become a Judge (other than the Chief Justice) of the High Court in the corresponding State under the said clause,shall, if he was immediately before such commencement drawing a salary at a rate higher than that specified in sub-paragraph (1) of this paragraph, be entitled to receive in respect of time spent on actual service as such Chief Justice or other Judge, as the case may be, in addition to the salary specified in the said sub-paragraph as special pay an amount equivalent to the difference between the salary so specified and the salary which he was drawing immediately before such commencement.(3) Any person who, immediately before the commencement of the Constitution (Seventh Amendment) Act, 1956, was holding office as the Chief Justice of the High Court of a State specified in Part B of the First Schedule and has on such commencement become the Chief Justice of the High Court of a State specified in the said Schedule as amended by the said Act, shall, if he was immediately before such commencement drawing any amount as allowance in addition to his salary, be entitled to receive in respect of time spent on actual service as such Chief Justice, the same amount as allowance in addition to the salary specified in sub-paragraph (1) of this paragraph.11. In this Part, unless the context otherwise requires, \u2014(a) the expression \u201cChief Justice\u201d includes an acting Chief Justice, and a \u201cJudge\u201d includes an ad hoc Judge;(b) \u201cactual service\u201d includes \u2014(i) time spent by a Judge on duty as a Judge or in the performance of such other functions as he may at the request of the President undertake to discharge;(ii) vacations, excluding any time during which the Judge is absent on leave; and(iii) joining time on transfer from a High Court to the Supreme Court or from one High Court to another.", "qas": []}]}, {"title": "Article 338A National Commission for Scheduled Tribes..txt", "paragraphs": [{"context": "Article 338A National Commission for Scheduled Tribes.(1) There shall be a Commission for the Scheduled Tribes to be known as the National Commission for the Scheduled Tribes.(2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of office of theChairperson, Vice-Chairperson and other Members so appointed shall be such as the President by rule determine.(3) The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal.(4) The Commission shall have the power to regulate its own procedure. (5) It shall be the duty of the Commission \u2014(a) to investigate and monitor all matters relating to the safeguards provided for the Scheduled Tribes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards;(b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Tribes;(c) to participate and advise on the planning process of socio-economic development of the Scheduled Tribes and to evaluate the progress of their development under the Union and any State;(d) to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;(e) to make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Tribes; and(f) to discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Tribes as the President may, subject to the provisions of any law made by Parliament, by rule specify.(6) The President shall cause all such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposedto be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations.(7) Where any such report, or any part thereof, relates to any matter with which any State Government is concerned, a copy of such report shall be forwarded to the Governor of the State who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendations.(8) The Commission shall, while investigating any matter referred to in sub-clause (a) or inquiring into any complaint referred to in sub-clause (b) of clause (5), have all the powers of a civil court trying a suit and in particular in respect of the following matters, namely: \u2014(a) summoning and enforcing the attendance of any person from any part of India and examining him on oath;(b) requiring the discovery and production of any document;(c) receiving evidence on affidavits;(d) requisitioning any public record or copy thereof from any court or office;(e) issuing commissions for the examination of witnesses and documents;(f) any other matter which the President may, by rule, determine.(9) The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Tribes.", "qas": []}]}, {"title": "Article 224 Appointment of additional and acting Judges..txt", "paragraphs": [{"context": "Article 224 Appointment of additional and acting Judges.(1) If by reason of any temporary increase in the business of a High Court or by reason of arrears of work therein, it appears to the President that the number of the Judges of that Court should be for the time being increased, the President may appoint duly qualified persons to be additional Judges of the Court for such period not exceeding two years as he may specify.(2) When any Judge of a High Court other than the Chief Justice is by reason of absence or for any other reason unable to perform the duties of his office or is appointed to act temporarily as Chief Justice, the President may appoint a duly qualified person to act as a Judge of that Court until the permanent Judge has resumed his duties.(3) No person appointed as an additional or acting Judge of a High Court shall hold office after attaining the age of sixty-two years.", "qas": []}]}, {"title": "Article 59 Conditions of President's office.txt", "paragraphs": [{"context": "Article 59 Conditions 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 the Legislature of any State be elected President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as President.(2) The President shall not hold any other office of profit.(3) The President shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.(4) The emoluments and allowances of the President shall not be diminished during his term of office.Debate SummaryArticle 48, Draft Constitution of India, 1948(1) The President shall not be a member either of Parliament or of the Legislature of any State, and if a member of Parliament or of the Legislature of any State be elected President, he shall be deemed to have vacated his seat in Parliament or such Legislature, as the case may be, on the date on which he enters upon his office as President.(2) The President shall not hold any other office or position of emolument.(3) The President shall have an official residence and there shall be paid to the President such emoluments and allowances as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments and allowances as are specified in the Second Schedule.(4) The emoluments and allowances of the President shall not be diminished during his term of office.The Constituent Assembly debatedDraft Article 48 (Article 59, Constitution of India, 1950) on 27 December 1948 and 14 October 1949. The Draft Article laiddown conditions for the President\u2019s office including emoluments and benefits.There was a proposal to ensure that if the President-elect was a ruler from aPrincely statehe/she would be required to give away his/her privy purse based pension/allowance. This would be consistent with the democratic and republican ideals of the Constitution. The Chair of the Drafting Committee suggested that this issue was better dealt with later when the Princely states accede to the Indian union.A member wanted to delete \u2018the President shall have an official residence\u2019 from clause 3. He was againstthe insertion of such \u2018insignificant, such a minor details\u2019 in the Constitution; He noted that the American Constitution did not mention the White House.The Chairman of the Drafting Committee, in defence, pointed out that the Government of India Act 1935 and several other British Orders laiddown official residences of the Governor-General and Governors. The Drafting Committee was merely encoding an already existing precedent.Another member moved an amendment to add retirement benefits in the Draft Article. He argued that this provision was novel and even the American Constitution missed includingsuch a provision. A host of officers including the Prime Minister, Leader of Opposition and judges of the higher judiciary enjoy pension post-retirement. It was important to extend this benefit to the former sovereign head of the nation. The Chairman of the Drafting Committee found this impractical. He noted that if a person were to be re-elected as a President, according to the proposal, he/she would be entitled to a pension for his/her previous term as President in addition to a salary for his/her current term and salary. He, however, conceded that providing pension to the President was a \u2018laudable idea\u2019, an initiative that future Parliaments would take forward.The Assembly rejected all substantiveproposals. On 27 December 1948, it adopted the Draft Article with minor amendments. On 14th October 1949, the Assembly re-opened this Article and adopted minor amendments.", "qas": []}]}, {"title": "Article 350 Language to be used in representations for redress of grievances..txt", "paragraphs": [{"context": "Article 350 Language to be used in representations for redress of grievances.Every person shall be entitled to submit a representation for the redress of any grievance to any officer or authority of the Union or a State in any of the languages used in the Union or in the State, as the case may be.", "qas": []}]}, {"title": "Article 245 Extent of laws made by Parliament and by the Legislatures of States..txt", "paragraphs": [{"context": "Article 245 Extent of laws made by Parliament and by the Legislatures of States.(1) Subject to the provisions of this 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.(2) No law made by Parliament shall be deemed to be invalid on the ground that it would have extra-territorial operation.", "qas": []}]}, {"title": "Article 243L Application to Union territories..txt", "paragraphs": [{"context": "Article 243L Application to Union territories.The provisions of this Part shall apply to the Union territories and shall, in their application to a Union territory, have effect as if the references to the Governor of a State were references to the Administrator of the Union territory appointed under article 239 and references to the Legislature or the Legislative Assembly of a State were references, in relation to a Union territory having a Legislative Assembly, to that Legislative Assembly: Provided that the President may, by public notification, direct that the provisions of this Part shall apply to any Union territory or part thereof subject to such exceptions and modifications as he may specify in the notification.", "qas": []}]}, {"title": "Article 170 Composition of the Legislative Assemblies..txt", "paragraphs": [{"context": "Article 170 Composition of the Legislative Assemblies.(1) Subject to the provisions of article 333, the Legislative Assembly of each State shall consist of not more than five hundred, and not less than sixty, members chosen by direct election from territorial constituencies in the State.(2) For the purposes of clause (1), each State shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the State. Explanation.\u2014In this clause, the expression \u201cpopulation\u201d means the population as ascertained at the last preceding census of which the relevant figures have been published: Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published published shall, until the relevant figures for the first census taken after the year 2026have been published, be construed as a reference to the 2001census.(3) Upon the completion of each census, the total number of seats in the Legislative Assembly of each State and the division of each State into territorial constituencies shall be readjusted by such authority and in such manner as Parliament may by law determine: Provided that such readjustment shall not affect representation in the Legislative Assembly until the dissolution of the then existing Assembly: Provided further that such readjustment shall take effect from such date as the President may, by order, specify and until such readjustment takes effect, any election to the Legislative Assembly may be held on the basis of the territorial constituencies existing before such readjustment: Provided also that until the relevant figures for the first census taken after the year 2026have been published, it shall not be necessary to readjust\u2014 (i) the total number of seats in the Legislative Assembly of each State as readjusted on the basis of the 1971 census; and (ii) the division of such State into territorial constituencies as may be readjusted on the basis of the 2001census, under this clause.", "qas": []}]}, {"title": "Article 240 Power of President to make regulations for certain Union territories..txt", "paragraphs": [{"context": "Article 240 Power of President to make regulations for certain Union territories.(1) The President may make regulations for the peace, progress and good government of the Union territory of \u2014(a) the Andaman and Nicobar Islands;(b) Lakshadweep;(c) Dadra and Nagar Haveli;(d) Daman and Diu;(e) Puducherry; Provided that when any body is created under article 239A to function as a Legislature for the Union territoryof Puducherry, the President shall not make any regulation for the peace, progress and good government of that Union territory with effect from the date appointed for the first meeting of the Legislature Provided further that whenever the body functioning as a Legislature for the Union territory of Puducherryis dissolved, or the functioning of that body as such Legislature remains suspended on account of any action taken under any such law as is referred to in clause (1) of article 239A, the President may, during the period of such dissolution or suspension, make regulations for the peace, progress and good     government of that Union territory.(2) Any regulation so made may repeal or amend any Act made by Parliament or any other law]which is for the time being applicable to the Union territory and, when promulgated by the President, shall have the same force and effect as an Act of Parliament which applies to that territory.", "qas": []}]}, {"title": "Article 346 Official language for communication between one State and another or between a State and the Union..txt", "paragraphs": [{"context": "Article 346 Official language for communication between one State and another or between a State and the Union.The language for the time being authorised for use in the Union for official purposes shall be the official language for communication between one State and another State and between a State and the Union: Provided that if two or more States agree that the Hindi language should be the official language for communication between such States, that language may be used for such communication.", "qas": []}]}, {"title": "Article 162 Extent of executive power of State..txt", "paragraphs": [{"context": "Article 162 Extent of executive power of State.Subject to the provisions of this Constitution, the executive power of a State shall extend to the matters with respect to which the Legislature of the State has power to make laws: Provided that in any matter with respect to which the Legislature of a State and Parliament have power to make laws, the executive power of the State shall be subject to, and limited by, the executive power expressly conferred by this Constitution or by any law made by Parliament upon the Union or authorities thereof.Debate SummaryArticle 142, Draft Constitution, 1948Subject to the provisions of this Constitution, the executive power of each State shall extend-(a) To the matters with respect to which the Legislature of the State has power to make laws, and(b) To the exercise of such rights, authority and jurisdiction as are exercisable under any agreement entered into with any State or group of States for the time being specified in Part III of the First Schedule under article 236 or article 237 of this Constitution.Draft Article 142 (Article 162) was debated on 1st June 1949. It defined the scope of the executive power of each State.A member of the Drafting Committee proposed an amendment to wholly replace the Draft Article with the following:'Subject to the provisions of this Constitution, the executive power of each State shall extend to the matters with respect to which the Legislature of the State has power to make laws.'He contended that this would simplify the wording of the Draft Article. Moreover, it reduced complications as the current Draft Article referred to States in Part III of the First Schedule, and the Assembly had not yet defined their position.The amendment was accepted without debate. Draft Article 142 was adopted by the Assembly on 1st June 1949.", "qas": []}]}, {"title": "Article 321 Power to extend functions of Public Service Commissions..txt", "paragraphs": [{"context": "Article 321 Power to extend functions of Public Service Commissions.An Act made by Parliament or, as the case may be, the Legislature of a State may provide for the exercise of additional functions by the Union Public Service Commission or the State Public Service Commission as respects the services of the Union or the State and also as respects the services of any local authority or other body corporate constituted by law or of any public institution.", "qas": []}]}, {"title": "Article 243J Audit of accounts of Panchayats..txt", "paragraphs": [{"context": "Article 243J Audit of accounts of Panchayats.The Legislature of a State may, by law, make provisions with respect to the maintenance of accounts by the Panchayats and the auditing of such accounts.", "qas": []}]}, {"title": "Article 67 Term of office of Vice-President..txt", "paragraphs": [{"context": "Article 67 Term of office of Vice-President.The Vice-President shall hold office for a term of five years from the date on which he enters upon his office:Provided that \u2014(a) a Vice-President may, by writing under his hand addressed to the President, resign his office;(b) a Vice-President may be removed from his office by a resolution of the Council of States passed by a majority of all the then members of the Council and agreed to by the House of the People; but no resolution for the purpose of this clause shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution;(c) a Vice-President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.Debate SummaryArticle 56, Draft Constitution 1948The 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 his hand addressed to thePresident, resign his office;(b) A Vice-President may be removed from his office for incapacity or want of confidence by a resolution of the Council of States passed by a majority of all the then members of the Council and agreed to by the House of the People; but no resolution for the purpose of this clause shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution;(c) A Vice-President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.The Draft Article 56 (Article 67, Constitution of India 1950) was discussed on 29th December 1948. It laid down the term of the Vice-President\u2019s office.There was a proposal to specify the emoluments including a salary of INR 4500 per month, residential and post-retirement benefits. The mover argued that if the President\u2019s residential benefits were laid down in the Constitution, similar provisions must be made for the Vice-President. Further, the post-retirement benefits would ensure that candidates from economically underprivileged backgrounds were provided with equal opportunity to compete in the Vice-Presidential elections.A member wanted to include grounds of disqualifications including violation of the Constitution, a conviction of a crime, mental incapacity and corruption. The Chairman of the Drafting Committee responded by highlighting that \u2018want of confidence\u2019 in clause b covers the grounds mentioned in the member\u2019s amendment- there was no need to specifically mention it in the Constitution.Another member sought clarity with respect to removal of the Vice-President. The Draft Article did not specify the required majority to remove the Vice-President. Further, the member was puzzled with the removal process of the Vice-President being more stringent than that of the President. Vice-President\u2019s removal required the Resolution to be passed by both houses of the Parliament but that of President\u2019s required only one. A member moved an amendment which would require 2/3rd majority from both the houses of the Parliament to remove the Vice-President. He stressed that since the Vice-President\u2019s role is important, his removal must not be a casual affair. The Chairman of the Drafting Committee pointed out that the Vice-President\u2019s primary role is that as the Chairman of the Council of States. Hence his removal process is similar to that of the Speaker of House of People \u2013 there was no need for a 2/3rd majority.The Assembly adopted the Draft Article without any amendments.", "qas": []}]}, {"title": "Article 210 Language to be used in the Legislature..txt", "paragraphs": [{"context": "Article 210 Language to be used in the Legislature.(1) Notwithstanding anything in Part XVII, but subject to the provisions of article 348, business in the Legislature of a State shall be transacted in the official language or languages of the State or in Hindi or in English: Provided that the Speaker of the Legislative Assembly or Chairman of the Legislative Council, or person acting as such, as the case may be, may permit any member who cannot adequately express himself in any of the languages aforesaid to address the House in his mothertongue.(2) Unless the Legislature of the State by law otherwise provides, this article shall, after the expirationof a period of fifteen years from the commencement of this Constitution, have effect as if the words \u201cor in English\u201d were omitted therefrom: Provided that in relation to the Legislatures of the States of Himachal Pradesh, Manipur, Meghalaya and Tripurathis clause shall have effect as if for the words \u201cfifteen years\u201d occurring therein, the words \u201ctwenty-five years\u201d were substituted: Provided further that in relation to the Legislatures of the States of Arunachal Pradesh, Goa and Mizoram, this clause shall have effect as if for the words \u201cfifteen years\u201d occurring therein, the words \u201cforty years\u201d were substituted.", "qas": []}]}, {"title": "Article 128 Attendance of retired Judges at sittings of the Supreme Court..txt", "paragraphs": [{"context": "Article 128 Attendance of retired Judges at sittings of the Supreme Court.Notwithstanding 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 Judge of the Supreme Court or of the Federal Court or who has held the office of a Judge of a High Court and is duly qualified for appointment as a Judge of the Supreme Court] to sit and act as a Judge of the Supreme Court, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the President may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a Judge of that Court:  Provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a Judge of that Court unless he consents so to do.Debate SummaryArticle 107, Draft Constitution, 1948Notwithstanding anything contained in this Chapter, the Chief Justice of India may at any time, subject to the provisions of this article, request any person who has held the office of a judge of the Supreme Court or of the Federal Court to sit and act as a judge of the Supreme Court, and every such person so requested shall, while so sitting and acting, have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a judge of that court:Provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a judge of that court unless he consents so to do.Draft Article 107 (Article 128) was debated on 27th May 1949. It authorized retired judges of the Supreme Court or Federal Court to sit on the Supreme Court subject to the prescribed procedure.One member proposed that the provision be amended to require the Chief Justice to obtain the consent of the President before requesting a retired judge to sit on the Supreme Court. The Chairman of the Drafting Committee responded positively to this amendment.The amendment was accepted by the Assembly without debate. The amended Draft Article was adopted on 27th May 1949.", "qas": []}]}, {"title": "Article 64 The Vice-President to be ex officio Chairman of the Council of States.txt", "paragraphs": [{"context": "Article 64 The 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 acts as President or discharges the functions of the President under article 65, he shall not perform the duties of the office of Chairman of the Council of States and shall not be entitled to any salary or allowance payable to the Chairman of the Council of States under article 97.Debate SummaryArticle 53, Draft Constitution, 1948The Vice-President shall be ex-officio Chairman of the Council of States and shall not hold any other office or position of emolument:Provided that during any period when the Vice-President acts as President or discharges the functions of the President under article 54 of this Constitution, he shall not perform the duties of the office of Chairman of the Council of States.The Draft Article was debated on 28 December 1948. It made the Vice-President the ex-officio Chairman of the Council of States (Rajya Sabha).There was no substantive debate on this Draft Article. Two minor amendments moved by the Drafting Committee were accepted. And the Assembly adopted the Draft Article on 28 December 1948.", "qas": []}]}, {"title": "Article 89 The Chairman and Deputy Chairman of the Council of States..txt", "paragraphs": [{"context": "Article 89 The 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 Deputy Chairman thereof and, so often as the office of Deputy Chairman becomes vacant, the Council shall choose another member to be Deputy Chairman thereof.Debate SummaryArticle 73, Draft Constitution 1948(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 Deputy Chairman thereof, and so often as the office of Deputy Chairman becomes vacant the Council shall choose another member to be Deputy Chairman thereof.Draft Article 73 (Article 89, Constitution of India, 1950) was debated on 19th May 1949. It established the offices of Chairman and Deputy Chairman of the Council of States.A member proposed an amendment to clause two to substitute \u2018another member\u2019 to \u2018a member\u2019: this would allow the re-election of the outgoing Deputy Chairman.In opposition, a memberpointed out that if the Deputy Chairman was removed or voluntarily resigned from the office, it would not be appropriate to re-elect him/her. The Chairman of the Drafting Committee was not in favour of this proposal and found it \u2018absurd\u2019. The purpose of this Draft Article was to regulate the election of the Deputy Chairman, not his/her re-election. Draft Article 74 (Article 90, Constitution of India, 1950) dealt with the vacancy of the Deputy Chairman\u2019s office; Draft Article 73 would become operational upon such vacancy. And this does not bar re-election of a member who ceased to become a member due to lapse of time.The Constituent Assembly adopted Draft Article without amendments on 19th May 1949.", "qas": []}]}, {"title": "Article 257 Control of the Union over States in certain cases..txt", "paragraphs": [{"context": "Article 257 Control of the Union over States in certain cases.(1) The executive power of every State shall be so exercised as not to impede or prejudice the exercise of the executive power of the Union, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose.(2) The executive power of the Union shall also extend to the giving of directions to a State as to the construction and maintenance of means of communicationdeclared in the direction to be of national or military importance: Provided that nothing in this clause shall be taken as restricting the power of Parliament to declare highways or waterways to be national highways or national waterways or the power of the Union with respect to the highways or waterways so declared or the power of the Union to construct and maintain means of communication as part of its functions with respect to naval, military and air force works.(3) The executive power of the Union shall also extend to the giving of directions to a State as to the measures to be taken for the protection of the railways within the State.(4) Where in carrying out any direction given to a State under clause (2) as to the construction or maintenance of any means of communication or under clause (3) as to the measures to be taken for the protection of any railway, costs have been incurred in excess of those which would have been incurred in the discharge of the normal duties of the State if such direction had not been given, there shall be paid by the Government of India to the State such sum as may be agreed, or, in default of agreement, as may be determined by an arbitrator appointed by the Chief Justice of India, in respect of the extra costs so incurred by the State.", "qas": []}]}, {"title": "Preamble Preamble.txt", "paragraphs": [{"context": "Preamble PreamblePREAMBLEWE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship;EQUALITY of status and of opportunity;and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTIONDebate SummaryThe Constituent Assembly debated the Preamble on17thOctober 1949. The debates around the Preamble revolved around the name of India and inclusion of 'God' and 'Gandhi'.One member urged the Assembly torename India as the\u2018Union of Indian Socialistic Republics\u2019, similar to the USSR. Members were not convinced with this suggestion as they felt that it would go against the already adopted constitutional scheme.Another member sought to include \u2018In the name of God\u2019. Many were opposed to this suggestion \u2013 it was noted that it was unfortunate to put \u2018God\u2019 onvote. One member believed that inclusion of \u2018God\u2019 would amount to \u2018compulsion of faith\u2019 and violate the fundamental right to freedom of faith.Another proposal was made to include Gandhi\u2019s name in the Preamble. A member was discontent with the already adopted draft articles as he felt that the Indian constitution was based on the American Supreme Court cases and Government of India Act. He opposed any association of Gandhi with the \u2018rotten Constitution\u2019.The amendments moved by the members were negatived. However, this was one of the rare instances of the Assembly proceedingswherein the membersvotedon the proposal to include \u2018God\u2019 by a show of hands. The Assembly was divided with 41 voting in favour and 68 voting against it.The Assemblyadoptedthe Preamble as presented by the Drafting Committee.", "qas": []}]}, {"title": " Articles 102(2) and 191(2) Provisions as to disqualification on ground of defection.txt", "paragraphs": [{"context": " Articles 102(2) and 191(2) Provisions as to disqualification on ground of defection1. Interpretation:\u2014 In this Schedule, unless the context otherwiserequires,\u2014(a) \u201cHouse\u201d means either House of Parliament or the Legislative Assembly or, as the case may be, either House of the Legislature of a State;(b) \u201clegislature party\u201d, in relation to a member of a House belonging to any political party in accordance with the provisions of paragraph 2 Or paragraph 4, means the group consisting of all the members of that House for the time being belonging to that political party in accordance with the said provisions;(c) \u201coriginal political party\u201d, in relation to a member of a House, means the political party to which he belongs for the purposes of sub-paragraph (1) of paragraph 2;(d) \u201cparagraph\u201d means a paragraph of this Schedule.2. Disqualification on ground of defection:\u2014 (1) Subject to the provisionsOf paragraphs 4 and 5, a member of a House belonging to any politicalparty shall be disqualified for being a member of the House\u2014(a) if he has voluntarily given up his membership of such political party; or(b) if he votes or abstains from voting in such House contrary to any direction issued by the political party to which he belongs or by any person or authority authorised by it in this behalf, without obtaining, in either case, the prior permission of such political party, person or authority and such voting or abstention has not been condoned by such political party, person or authority within fifteen days from the date of such voting or abstention.Explanation.\u2014For the purposes of this sub-paragraph,\u2014(a) an elected member of a House shall be deemed to belong to the political party, if any, by which he was set up as a candidate for election as such member;(b) a nominated member of a House shall,\u2014(i) where he is a member of any political party on the date of his nomination as such member, be deemed to belong to such political party;(ii) in any other case, be deemed to belong to the political party of which he becomes, or, as the case may be, first becomes, a member before the expiry of six months from the date on which he takes his seat after complying with the requirements of article 99 or, as the case may be, article 188.(2) An elected member of a House who has been elected as such otherwise than as a candidate set up by any political party shall be disqualified for being a member of the House if he joins any political party after such election.(3) A nominated member of a House shall be disqualified for being a member of the House if he joins any political party after the expiry of six months from the date on which he takes his seat after complying with the requirements of article 99 or, as the case may be, article 188.(4) Notwithstanding anything contained in the foregoing provisions of this paragraph, a person who, on the commencement of the Constitution (Fifty-second Amendment) Act, 1985, is a member of a House (whether elected or nominated as such) shall,\u2014(i) where he was a member of political party immediately before such commencement, be deemed, for the purposes of sub-paragraph (1) of this paragraph, to have been elected as a member of such House as a candidate set up by such political party;(ii) in any other case, be deemed to be an elected member of the House who has been elected as such otherwise than as a candidate set up by any political party for the purposes of sub-paragraph (2) of this paragraph or, as the case may be, be deemed to be a nominated member of the House for the purposes of sub-paragraph (3) of this paragraph.4. Disqualification on ground of defection not to apply in case of merger:\u2014 (1) A member of a House shall not be disqualified under sub-paragraph (1) of paragraph 2 where his original political party merges with another political party and he claims that he and any other members of his original political party\u2014(a) have become members of such other political party or, as the case may be, of a new political party formed by such merger; or(b) have not accepted the merger and opted to function as a separategroup,and from the time of such merger, such other political party or new political party or group, as the case may be, shall be deemed to be the political party to which he belongs for the purposes of sub-paragraph (1) of paragraph 2 and to be his original political party for the purposes of this sub-paragraph.(2) For the purposes of sub-paragraph (1) of this paragraph, the merger of the original political party of a member of a House shall be deemed to have taken place if, and only if, not less than two-thirds of the members of the legislature party concerned have agreed to such merger.5. Exemption.\u2014 Notwithstanding anything contained in this Schedule, a person who has been elected to the office of the Speaker or the Deputy Speaker of the House of the People or the Deputy Chairman of the Council of States or the Chairman or the Deputy Chairman of the Legislative Council of a State or the Speaker or the Deputy Speaker of the Legislative Assembly of a State, shall not be disqualified under this Schedule,\u2014(a) if he, by reason of his election to such office, voluntarily gives up the membership of the political party to which he belonged immediately before such election and does not, so long as he continues to hold such office thereafter, rejoin that political party or become a member of another political party; or(b) if he, having given up by reason of his election to such office his membership of the political party to which he belonged immediately before such election, rejoins such political party after he ceases to hold such office.6. Decision on questions as to disqualification on ground of defection.\u2014 (1) If any question arises as to whether a member of a House has become subject to disqualification under this Schedule, the question shall be referred for the decision of the Chairman or, as the case may be, the Speaker of such House and his decision shall be final:Provided that where the question which has arisen is as to whether theChairman or the Speaker of a House has become subject to such disqualification, the question shall be referred for the decision of such member of the House as the House may elect in this behalf and his decision shall be final.(2) All proceedings under sub-paragraph (1) of this paragraph in relation to any question as to disqualification of a member of a House under this Schedule shall be deemed to be proceedings in Parliament within the meaning of article 122 or, as the case may be, proceedings in the Legislature of a State within the meaning of article 212.7. Bar of jurisdiction of courts.\u2014 Notwithstanding anything in this Constitution, no court shall have any jurisdiction in respect of any matter connected with the disqualification of a member of a House under this Schedule.8. Rules.\u2014 (1) Subject to the provisions of sub-paragraph (2) of this paragraph, the Chairman or the Speaker of a House may make rules for giving effect to the provisions of this Schedule, and in particular, and without prejudice to the generality of the foregoing, such rules may provide for\u2014(a) the maintenance of registers or other records as to the political parties, if any, to which different members of the House belong;(b) the report which the leader of a legislature party in relation to a member of a House shall furnish with regard to any condonation of the nature referred to in clause (b) of sub-paragraph (1) of paragraph 2 in respect of such member, the time within which and the authority to whom such report shall be furnished;(c) the reports which a political party shall furnish with regard to admission to such political party of any members of the House and the officer of the House to whom such reports shall be furnished; and(d) the procedure for deciding any question referred to in sub-paragraph (1) of paragraph 6 including the procedure for any inquiry which may be made for the purpose of deciding such question.(2) The rules made by the Chairman or the Speaker of a House under sub-paragraph (1) of this paragraph shall be laid as soon as may be after they are made before the House for a total period of thirty days which may be comprised in one session or in two or more successive sessions and shall take effect upon the expiry of the said period of thirty days unless they are sooner approved with or without modifications or disapproved by the House and where they are so approved, they shall take effect on such approval in the form in which they were laid or in such modified form, as the case may be, and where they are so disapproved, they shall be of no effect.(3) The Chairman or the Speaker of a House may, without prejudice to the provisions of article 105 or, as the case may be, article 194, and to any other power which he may have under this Constitution direct that any wilful contravention by any person of the rules made under this paragraph may be dealt with in the same manner as a breach of privilege of the House.", "qas": []}]}, {"title": "Article 192 Decision on questions as to disqualifications of members..txt", "paragraphs": [{"context": "Article 192 Decision on questions as to disqualifications of members.(1) If any question arises as to whether a member of a House of the Legislature of a State has become subject to any of the disqualifications mentioned in clause (1) of article 191, the question shall be referred for the decision of the Governor and his decision shall be final.(2) Before giving any decision on any such question, the Governor shall obtain the opinion of the Election Commission and shall act according to such opinion.", "qas": []}]}, {"title": "Article 90 Vacation and resignation of, and removal from, the office of Deputy Chairman..txt", "paragraphs": [{"context": "Article 90 Vacation and resignation of, and removal from, the office of Deputy Chairman.A member holding office as Deputy Chairman of the Council of States \u2014(a) shall vacate his office if he ceases to be a member of the Council;(b) may at any time, by writing under his hand addressed to the Chairman, resign his office; and(c) may be removed from his office by a resolution of the Council passed by a majority of all the then members of the Council:Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days\u2019 notice has been given of the intention to move the resolution.Debate SummaryArticle 74, Draft Constitution 1948A 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 writing under his hand addressed to the Chairman, resign his office; and(c) May be removed from his office for incapacity or want of confidence by a resolution of the Council passed by a majority of all the then members of the Council:Provided that no resolution for the purpose of clause (c) of this article shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution.Draft Article 74 (Article 90, Constitution of India, 1950) was debated on 19th May 1949. It regulated vacation, resignation or removal of Deputy Chairman of the Council of States.The Constituent Assembly adopted the Draft Article without any discussionon 19th May 1949.", "qas": []}]}, {"title": "Article 186 Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman..txt", "paragraphs": [{"context": "Article 186 Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman.There shall be paid to the Speaker and the Deputy Speaker of the Legislative Assembly, and to the Chairman and the Deputy Chairman of the Legislative Council, such salaries and allowances as may be respectively fixed by the Legislature of the State by law and, until provision in that behalf is so made, such salaries and allowances as are specified in the Second Schedule.", "qas": []}]}, {"title": "Article 191 Disqualifications for membership..txt", "paragraphs": [{"context": "Article 191 Disqualifications for membership.(1) A person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly or Legislative Council of a State \u2014(a) if he holds any office of profit under the Government of India or the Government of any State specified in the First Schedule, other than an office declared by the Legislature of the State by law not to disqualify its holder;(b) if he is of unsound mind and stands so declared by a competent court;(c) if he is an undischarged insolvent;(d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgment of allegiance or adherence to a foreign State;(e) if he is so disqualified by or under any law made by Parliament. Explanation. \u2014 For the purposes of this clause, a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State specified in the First Schedule by reason only that he is a Minister either for the Union or for such State.(2) A person shall be disqualified for being a member of the Legislative Assembly or Legislative Council of a State if he is so disqualified under the Tenth Schedule.", "qas": []}]}, {"title": "Article 372A Power of the President to adapt laws..txt", "paragraphs": [{"context": "Article 372A Power of the President to adapt laws.(1) For the purposes of bringing the provisions of any law in force in India or in any part thereof, immediately before the commencement of the Constitution (Seventh Amendment) Act, 1956, into accord with the provisions of this Constitution as amended by that Act, the President may by ordermade before the first day of November, 1957, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and provide that the law shall, as from such date as may be specified in the order, have effect subject to the adaptations and modifications so made, and any such adaptation or modification shall not be questioned in any court of law.(2) Nothing in clause (1) shall be deemed to prevent a competent Legislature or other competent authority from repealing or amending any law adapted or modified by the President under the said clause.", "qas": []}]}, {"title": "Article 146 Officers and servants and the expenses of the Supreme Court..txt", "paragraphs": [{"context": "Article 146 Officers 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:   Provided that the President may by rule require that in such cases as may be specified in the rule, no person not already attached to the Court shall be appointed to any office connected with the Court, save after consultation with the Union Public Service Commission.(2) Subject to the provisions of any law made by Parliament, the conditions of service of officers and servants of the Supreme Court shall be such as may be prescribed by rules made by the Chief Justice of India or by some other Judge or officer of the Court authorised by the Chief Justice of India to make rules for the purpose:  Provided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the President.(3) The administrative expenses of the Supreme Court, including all salaries, allowances and pensions payable to or in respect of the officers and servants of the Court, shall be charged upon the Consolidated Fund of India, and any fees or other moneys taken by the Court shall form part of that Fund.Debate SummaryArticle 122, Draft Constitution, 1948(1) The salaries, allowances and pensions payable to or in respect of the officers and servants of the Supreme Court shall be fixed by the Chief Justice of India in consultation with the President.(2) The administrative expenses of the Supreme Court, including all salaries, allowances and pensions payable to or in respect of the officers and servants of the court, shall be charged upon the revenues of India, and any fees or other moneys taken by the court shall form part of those revenues.Draft Article 122 (Article 146) was debated on 27th May 1949. It laid out the rules pertaining to the salary of officers of the Supreme Court.The Chairman of the Drafting Committee proposed to wholly replace the Draft Article with the following:\u2018(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:Provided that the President may by rule require that in such cases may be specified in the rule, no person not already attached to the court shall be appointed to any office connected with the court, save after consultation with the Union Public Service Commission. (2) Subject to the provisions of any law made by Parliament, the conditions of services of officers and servants of the Supreme Court shall be such as may be prescribed by rules made by the Chief Justice of India or by some other judge or officer of the court authorised by the Chief Justice of India to make rules for the purpose:Provided that the salaries, allowances and pensions payable to or in respect of such officers and servants shall be fixed by the Chief Justice of India in consultation with the President.(3) The administrative expenses of the Supreme Court, including all salaries, allowances and pensions payable to or in respect of the officers and servants of the court, shall be charged upon the revenues of India, and any fees or other moneys taken by the court shall form part of those revenues.'He further proposed that the proviso to clause (2) of the amendment be replaced to require that the rules pertaining to salaries, allowances, leaves or pensions receive the approval of the President.The debates in the Assembly were based on the proposed amendments. The amendments expanded the Supreme Court\u2019s power to appoint officers and fix their salaries, and also ensured that the court\u2019s administrative expenses were charged on the revenues of India.The amendments received the widespread support of the Assembly. One member stated that clause (1) ensured there would be \u2018no favouritism in the matter of appointments\u2019. A member of the Drafting Committee lauded the amendment for securing the interests of the taxpayer as well as the independence of the judiciary.However, one member believed that the requirement for the Chief Justice to obtain the approval of the President \u2013 rather than merely consult with him - infringed on the independence of the judiciary. Another member agreed with him, arguing that it was not right to \u2018subordinate\u2026powers of the Supreme Court to an individual entrusted with the powers of an executive nature\u2019. In response, one member stated that the approval requirement was necessary as only the executive would be fully aware of the budgetary constraints of the exchequer. The Chairman of the Drafting Committee noted that the proposed amendment ensured uniformity in salaries for all civil servants, as it restricted the Chief Justice from fixing a salary scale which was markedly different from the scale fixed for officers of other branches of government.Both amendments were accepted by the Assembly. Draft Article 122 was adopted on 27th May 1949.", "qas": []}]}, {"title": "Article 110 Definition of \u201cMoney Bills\u201d..txt", "paragraphs": [{"context": "Article 110 Definition of \u201cMoney Bills\u201d.(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 :\u2014(a) the imposition, abolition, remission, alteration or regulation of any tax;(b) the regulation of the borrowing of money or the giving of any guarantee by the Government of India, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of India;(c) the custody of the Consolidated Fund or the Contingency Fund of India, the payment of moneys into or the withdrawal of moneys from any such Fund;(d) the appropriation of moneys out of the Consolidated Fund of India;(e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the amount of any such expenditure;(f) the receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money or the audit of the accounts of the Union or of a State; or(g) any matter incidental to any of the matters specified in sub-clauses (a) to (f).(2) A Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.(3) If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the House of the People thereon shall be final.(4) There shall be endorsed on every Money Bill when it is transmitted to the Council of States under article 109, and when it is presented to the President for assent under article 111, the certificate of the Speaker of the House of the People signed by him that it is a Money Bill.Debate SummaryArticle 90, Draft Constitution, 1948(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) The imposition, abolition, remission, alteration or regulation of any tax;(b) The regulation of the borrowing of money or the giving of any guarantee by the Government of India, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of India;(c) Supply;(d) The appropriation of the revenues of India;(e) The declaring of any expenditure to be expenditure charged on the revenues of India or the increasing of the amount of any such expenditure;(f) The receipt of money on account of the revenues of India or the custody or issue of such money or the audit of the accounts of the Government of India; or(g) Any matter incidental to any of the matters specified in items (a) to (f) of this clause.(2) A Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.(3) If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the House of the People thereon shall be final.(4) There shall be endorsed on every Money Bill when it is transmitted to the Council of States under the last preceding article, and when it is presented to the President for assent under the next succeeding article, the certificate of the Speaker of the House of the People signed by him that it is a Money Bill.Draft 90 (Article 110, Constitution of India 1950 was debated on 20th May 1949 and 8th June 1949. It laid down the definition and scope of Money Bills.The first iteration of the Draft Article was discussed on 20th May 1949. A member moved an amendment to insert`duty, charge, rate, levy or any other form of revenue, income or receipt by\u2019 in clause 1 (a). He was concerned that the word \u2018tax\u2019 may be too narrowly construed by lawyers. The other forms of income or public revenue would, therefore, be excluded.The Chairman of the Drafting Committee noted that the Committee would reconsider this provision and present it at a later stage. On 8th June 1949, he moved a series of amendments. He sought to replace clauses 1 (c) and (d) with the following:\u2018(c) the custody of the Consolidated Fund or the Contingency Fund of India, the payment of moneys into or the withdrawal of moneys from any such fund;(d) the appropriation of moneys out of the Consolidated Fund of India\u2019Through his amendment, the Chairman introduced the Assembly to the Consolidated Fund of India. He noted that the Consolidated Fund was just another term for Public Account (revenues) of the Central Government. Citing references to the Constitutions of Canada, Australia, South Africa, Ireland, he argued that Consolidated Fund was a necessity \u2013 it would prevent \u2018proceeds of taxes being frittered away by laws made by Parliament in individual purposes without regard to the general necessity of the people at all.\u2019A member wasapprehensive aboutthe change in nomenclature. He was not convinced as to way \u2018revenues of India\u2019 needed to be changed to \u2018Consolidated Fund of India\u2019. He believed that the latter term could create confusion as it indicatedthe existence of a fund other than revenues of India. Another member, although noted that use of \u2018Consolidated Fund\u2019 would clarify the procedural aspects of the Money Bill, it \u2018burden(ed)the Constitution too much with details\u2019.The Assembly accepted the amendments moved by the Drafting Committee and adopted the Draft Article on 8th June 1949.", "qas": []}]}, {"title": "Article 243C Composition of Panchayats..txt", "paragraphs": [{"context": "Article 243C Composition of Panchayats.(1) Subject to the provisions of this Part, the Legislature of a State may, by law, make provisions with respect to the composition of Panchayats: Provided that the ratio between the population of the territorial area of a Panchayat at any level and the number of seats in such Panchayat to be filled by election shall, so far as practicable, be the same throughout the State.(2) All the seats in a Panchayat shall be filled by persons chosen by direct election from territorial constituencies in the Panchayat area and, for this purpose, each Panchayat area shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the Panchayat area.(3) The Legislature of a State may, by law, provide for the representation \u2014(a) of the Chairpersons of the Panchayats at the village level, in the Panchayats at the intermediate level or, in the case of a State not having Panchayats at the intermediate level, in the Panchayats at the district level;(b) of the Chairpersons of the Panchayats at the intermediate level, in the Panchayats at the district level;(c) of the members of the House of the People and the members of the Legislative Assembly of the State representing constituencies which comprise wholly or partly a Panchayat area at a level other than the village level, in such Panchayat;(d) of the members of the Council of States and the members of the Legislative Council of theState, where they are registered as electors within \u2014(i) a Panchayat area at the intermediate level, in Panchayat at the intermediate level;(ii) a Panchayat area at the district level, in Panchayat at the district level.(4) The Chairperson of a Panchayat and other members of a Panchayat whether or not chosen by direct election from territorial constituencies in the Panchayat area shall have the right to vote in the meetings of the Panchayats.(5) The Chairperson of \u2014(a) a panchayat at the village level shall be elected in such manner as the Legislature of a State may, by law, provide; and(b) a Panchayat at the intermediate level or district level shall be elected by, and from amongst, the elected members thereof.", "qas": []}]}, {"title": "Article 127 Appointment of ad hoc Judges..txt", "paragraphs": [{"context": "Article 127 Appointment 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 previous consent of the President and after consultation with the Chief Justice of the High Court concerned, request in writing the attendance at the sittings of the Court, as an ad hoc Judge, for such period as may be necessary, of a Judge of a High Court duly qualified for appointment as a Judge of the Supreme Court to be designated by the Chief Justice of India. (2) It shall be the duty of the Judge who has been so designated, in priority to other duties of his office, to attend the sittings of the Supreme Court at the time and for the period for which his attendance is required, and while so attending he shall have all the jurisdiction, powers and privileges, and shall discharge the duties, of a Judge of the Supreme Court.Debate SummaryArticle 106, Draft Constitution, 1948(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 may, after consultation with the Chief Justice of the High Court concerned, request in writing the attendance at the sittings of the court, as an ad hoc judge, for such period as may be necessary, of a judge of a High Court to be nominated by the Chief Justice of India.(2) It shall be the duty of the judge, who has been so nominated, in priority to other duties of his office, to attend the sittings of the Supreme Court at the time and for the period for which his attendance is required, and while so attending he shall have all the jurisdiction, powers and privileges, and shall discharge the duties, of a judge of the Supreme Court.Draft Article 106 (Article 127) was debated on 27th May 1949. It laid out the rules pertaining to the appointment of ad hoc judges to the Supreme Court of India.A member proposed that clause (1) be amended to stipulate that a High Court judge may be appointed as an ad hoc judge only if they meet the criteria under Draft Article 103 (Article 124) required for the ordinary appointment of a Supreme Court judge.Another member proposed an amendment to clause (1) which required the Chief Justice of India to obtain the consent of the President before requesting a judge to serve ad hoc on the Supreme Court. He contended that it was be improper to appoint a judge on an ad-hoc basis without any input from the Executive, particularly as the President ordinarily appointed judges.The amendments were positively received by the Chairman of the Drafting Committee, and were accepted by the Assembly without debate. The amended Draft Article was adopted on 27th May 1949.", "qas": []}]}, {"title": "Article 8 Rights of citizenship of certain persons of Indian origin residing outside India.txt", "paragraphs": [{"context": "Article 8 Rights of citizenship of certain persons of Indian origin residing outside IndiaNotwithstanding anything in article 5, any 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 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country where he is for the time being residing on an application made by him therefor to such diplomatic or consular representative, whether before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of IndiaDebate SummaryArticle 8 (Article 5-B of Draft Constitution) regulates citizenship rights of Indian origin persons residing outside India. The article required Indians abroad to make an application and register before the Consular or Diplomatic office to become Indian citizens. This article was debated on10thAugust 1949,11thAugust 1949and12thAugust 1949.A member believed that the article provided unfair special treatment to Indians abroad who are seeking Indian citizenship: as it allows for application and registration even after the commencement of the Constitution. However, the previous article, which grants citizenship to persons who have migrated from Pakistan, did not receive a similar prospective application.To remedy any issues or lacunae, a member proposed to insert \u2018subject to any law made by the Parliament\u2019. He argued that, while Article 11 (Draft Article 6) empowers the Parliament to make a comprehensive law on citizenship, it cannot make any provisions that are inconsistent with the citizenship articles of the Constitution. A member of the Drafting Committee did not agree with this interpretation and argued that Article 11 (Draft Article 6) makes the addition of this phrase superfluous. Some members were not convinced by this explanation. They believed that this issue was a matter of legal interpretation and has a scope of future litigation: they urged make this article more definitive.The Assembly adopted the Article without amendments on 12 August 1949. ", "qas": []}]}, {"title": "Article 392 Power of the President to remove difficulties..txt", "paragraphs": [{"context": "Article 392 Power of the President to remove difficulties.(1) The President may, for the purpose of removing any difficulties, particularly in relation to the transition from the provisions of the Government of India Act, 1935, to the provisions of this Constitution, by order direct that this Constitution shall, during such period as may be specified in the order, have effect subject to such adaptations, whether by way of modification, addition or omission, as he may deem to be necessary or expedient: Provided that no such order shall be made after the first meeting of Parliament duly constituted under Chapter II of Part V.(2) Every order made under clause (1) shall be laid before Parliament.(3) The powers conferred on the President by this article, by article 324, by clause (3) of article 367 and by article 391 shall, before the commencement of this Constitution, be exercisable by the Governor-General of the Dominion of India.", "qas": []}]}, {"title": "Article 106 Salaries and allowances of members..txt", "paragraphs": [{"context": "Article 106 Salaries and allowances of members.Members 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 that respect is so made, allowances at such rates and upon such conditions as were immediately before the commencement of this Constitution applicable in the case of members of the Constituent Assembly of the Dominion of India.Debate SummaryArticle 86, Draft Constitution, 1948Members 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 that respect is so made, allowances at such rates and upon such conditions as were immediately before the date of commencement of this Constitution applicable in the case of members of the Legislature of the Dominion of India.Draft Article 86 (Article 106, Constitution of India, 1950) was discussed on 20 May 1949. It enabledthe Parliament to regulate salaries and allowances ofthe members of the Parliament.A member moved an amendment that would provide the Leader of Opposition with a salary similar to that of a Minister without a Cabinet rank. This would constitutionally recognise the Leader of Opposition and promote \u2018parliamentary opposition\u2019 which is a bulwark of democracy. Moreover, as parliamentary democracy conditions must not be created to promote only one-party government. An express recognition of the Opposition in the Constitution would prevent dominance of one party and create conducive circumstances to criticisethe government. Another member supported this amendment and believed that statutory recognition of Leader of Opposition would be important for the effective working of a democracy.Several members opposed this amendment. It was pointed out that the Constitution did not prohibit the Parliament from paying salary to the Leader of Opposition. The future Parliament was empowered to fix salaries and allowances even to the Leader of Opposition. There was no need to explicitly mention it in the Constitution. Another memberjustified the Drafting Article and highlighted that it was \u2018wide\u2019 enough to encompass salary for the Leader of the Opposition. Moreover, no other Constitution had encoded the Leader of Opposition's salary in its text.The same member further proposed to fix proportion between the salaries of members of the parliament and the ministers, a practice that could be found in Australia and New Zealand. This amendment would remove vast class disparity between the ministers and other members.The Assembly did not accept these amendments. It adopted the Draft Article on 20 May 1949.", "qas": []}]}, {"title": "Article 23 Prohibition of traffic in human beings and forced labour..txt", "paragraphs": [{"context": "Article 23 Prohibition of traffic in human beings and forced labour.(1) Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.(2) Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of themDebate SummaryArticle 17, Draft Constitution of India, 1948(1) Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.(2) Nothing in this article shall prevent the State from imposing compulsory service for public purposes. In imposing such service the State shall not make any discrimination on the ground of race, religion, caste or class.Draft Article 17 was debated in the Assembly on 3 December 1948.It was proposed that in addition to the specific mention of \u2018begar\u2019, the Article also makemention of \u2018devadasi\u2019 \u2013 the social practice of dedicating young women to temples which amounted to trafficking. This proposal found scepticism: it was argued that the wiping out of Devadasi practice could happen through ordinary legislation and there was already sufficient mobilisation around public opinion around this; only those social practices which had the support of vested interests, should be specifically mentioned in the Article\u2019s text. One of the members wanted the Article to ensure that any individuals who provide compulsory service sought by the state under the second clause of the article should be adequately compensated. This was however countered by another member who felt that the clause did not require any changes and was fine as long as 1. the service sought by the State did not affect the individual\u2019s capacity to earn a living 2. whenever the service is demanded, it is demanded from all, and nobody is paid. At voting, the Assembly made a minor amendment (only was added after \u2018discrimination on the ground\u2019) and then adopted the Draft Article.", "qas": []}]}, {"title": "Article 56 Term of office of President.txt", "paragraphs": [{"context": "Article 56 Term 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\u2014(a) the President may, by writing under his hand addressed to the Vice-President, resign his office;(b) the President may, for violation of the Constitution, be removed from office by impeachment in the manner provided in article 61;(c) the President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.(2) Any resignation addressed to the Vice-President under clause (a) of the proviso to clause (1) shall forthwith be communicated by him to the Speaker of the House of the People.Debate SummaryArticle 45, Draft Constitution, 1948The 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 resignation under his hand addressed to the Chairman of the Council of States and the Speaker of the House of the People, resign his office;(b) The President may, for violation of the Constitution, be removed from office by impeachment in the manner provided in article 50 of this Constitution:(c) The President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.Draft Article 45(Article 56, Constitution of India, 1950)providedfor the term of the President\u2019s office. The Article was debated on 13 December 1948.The debate around this Draft Article was rather short. A member proposed that the Article be amended to ensure that 'President who is elected in a casual vacancy will also hold office only for the remaining term of five years'.Another member wantedto amend the Article to mandate the President to address Parliament in case of resignation. He argued that while the President may hand over the resignation letter to the Speaker or Chairman, they have a responsibility to address the Parliament which elected them.Theproposals were not accepted by the Assembly. The Draft Article was adopted without amendment.", "qas": []}]}, {"title": "Article 24 Prohibition of employment of children in factories, etc.txt", "paragraphs": [{"context": "Article 24 Prohibition of employment of children in factories, etcNo child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employmentDebate SummaryArticle 18, Draft Constitution of India, 1948No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.Draft Article 18 was debated on 3 December 1948.The debate was very brief. An amendment was moved that proposed to add protections for women against being employed \u2018at night, in mines or in industries detrimental to their health\u2019. Another member wanted to raise the age in the Article\u2019s text from fourteen to sixteen. At voting, both proposals were rejected and the Assembly adopted the Draft Article without amendment", "qas": []}]}, {"title": "Article 394A Authoritative text in the Hindi language..txt", "paragraphs": [{"context": "Article 394A Authoritative text in the Hindi language.(1) The President shall cause to be published under his authority, \u2014(a) the translation of this Constitution in the Hindi language, signed by the members of the Constituent Assembly, with such modifications as may be necessary to bring it in conformity with the language, style and terminology adopted in the authoritative texts of Central Acts in the Hindi language, and incorporating therein all the amendments of this Constitution made before such publication; and(b) the translation in the Hindi language of every amendment of this Constitution made in the English language.(2) The translation of this Constitution and of every amendment thereof published under clause (1) shall be construed to have the same meaning as the original thereof and if any difficulty arises in so construing any part of such translation, the President shall cause the same to be revised suitably.(3) The translation of this Constitution and of every amendment thereof published under this article shall bedeemed to be, for all purposes, the authoritative text thereof in the Hindi language.]", "qas": []}]}, {"title": "Article 243I Constitution of Finance Commission to review financial position..txt", "paragraphs": [{"context": "Article 243I Constitution of Finance Commission to review financial position.(1) The Governor of a State shall, as soon as may be within one year from the commencement of the Constitution (Seventy-third Amendment) Act, 1992, and thereafter at the expiration of every fifth year, constitute a Finance Commission to review the financial position of the Panchayats and to make recommendationsto the Governor as to \u2014(a) the principles which should govern \u2014(i) the distribution between the State and the Panchayats of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them under this Part and the allocation between the Panchayats at all levels of their respective shares of such proceeds;(ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the Panchayats; (iii) the grants-in-aid to the Panchayats from the Consolidated Fund of the State;(b) the measures needed to improve the financial position of the Panchayats;(c) any other matter referred to the Finance Commission by the Governor in the interests of sound finance of the Panchayats.(2) The Legislature of a State may, by law, provide for the composition of the Commission, the qualifications which shall be requisite for appointment as members thereof and the manner in which they shall be selected.(3) The Commission shall determine their procedure and shall have such powers in the performance of their functions as the Legislature of the State may, by law, confer on them.(4) The Governor shall cause every recommendation made by the Commission under this article together with an explanatory memorandum as to the action taken thereon to be laid before the Legislature of the State.", "qas": []}]}, {"title": "Article 136 Special leave to appeal by the Supreme Court..txt", "paragraphs": [{"context": "Article 136 Special 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 any cause or matter passed or made by any court or tribunal in the territory of India.(2) Nothing in clause (1) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces.Debate SummaryArticle 112, Draft Constitution, 1948'The Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree or final order in any cause or matter, passed or made by any court or tribunal in the territory of India except the States for the time being specified in Part III of the First Schedule, in cases where the provisions of article 110 or article 111 of this Constitution do not apply.'Draft Article 112 (Article 136) was debated in the Constituent Assembly on 6th June 1949 and 16th October 1949. It defined the Supreme Court\u2019s powers to grant special leave to appeal.One member proposed deleting the language which restricted the Supreme Court from hearing any case on appeal from a court or tribunal of the Unions of States. He argued that since the Instruments of Accession gave the Central government the power to govern all matters except taxation, this created a pointless distinction between the princely states and the provinces. He also contended that it was improper to apply such jurisdictional limitations on the Supreme Court. This amendment was positively received by the Assembly, with several members making arguments in favour of an explicit expansion of the court\u2019s powers. One member argued that the court should be able to determine cases using 'the principles of jurisprudence and considerations of natural justice\u201d. Another believed that the Draft Article should specifically be expanded to extend to 'civil, criminal, or revenue'matters. A member of the Drafting Committee clarified that the Supreme Court was free to develop its own rules when exercising its jurisdictions, and that there was nothing to prevent it from interfering even in criminal cases.The proposed amendment was accepted by the Assembly, and Draft Article 112 was initially adopted on 6th June 1949.Subsequently, a member of the Drafting Committee proposed to wholly replace the adopted Draft Article with the following:\u2018112.(1) The Supreme court may, in its discretion, grant special leave to appeal from any judgement, decree, determination sentence or order in any cause or matter passed or made by any Court or tribunal in the territory of India.(2) Nothing in clause (1) of this article shall apply to any judgement, determination, sentence or order passed or made by any court of tribunal constituted by or under any law relating to the Armed Forces.'The addition of clause (2) was made at the behest of the Defence Ministry, who cited the examples of countries such as the UK following a similar practice of excluding decisions of court-martials from the jurisdiction of the Supreme Court. This amendment received strong opposition in the Assembly. One member argued that persons convicted to death in military tribunals should have the right of appeal because the procedures followed in such tribunals was \u2018against all laws of jurisprudence\u2019. Another contended that the civilians who committed offences under the jurisdiction of these tribunals would be unfairly deprived of their right to appeal. The Chairman of the Drafting Committee, who had earlier taken a different stance on this matter, stated that he had been convinced by the Defence Ministry that this clause was necessary to maintain discipline in the army. He also clarified that the Supreme Court was not fully stripped of its power with regard to the armed forces, as it could still examine whether a specific court martial exceeded its jurisdiction, or whether proceedings were completely arbitrary.The amendment was accepted by the Assembly, and the amended Draft Article was adopted on 16th October 1949.", "qas": []}]}, {"title": "Article 34 Restriction on rights conferred by this Part while martial law is in force in any area..txt", "paragraphs": [{"context": "Article 34 Restriction on rights conferred by this Part while martial law is in force in any area.Notwithstanding anything in the foregoing provisions of this Part, Parliament may by law indemnify any person in the service of the Union or of a State or any other person in respect of any act done by him in connection with the maintenance or restoration of order in any area within the territory of India where martial law was in force or validate any sentence passed, punishment inflicted, forfeiture ordered or other act done under martial law in such area.Debate SummaryArticle 34 of the Constitution was one of the few provisions that were not part of the Draft Constitution 1948. It was introduced and debated in the Assembly towards the end of the constitution-making process on 14 and 16 November 1949. The Article restricted fundamental rights during the operation of martial law by giving officers of the state certain powers.Two substantive amendments were moved to oppose the Article. The first wanted the delete the Draft Article as it wasan open invitation to officers of the state to indulge in excesses during martial law. The second wanted to remove \u2018any person\u2019 from the text arguing that there was no need to extend the immunity provided the Article to individuals who were not officers of the state. Both amendments were countered. First, it was explained that a military officer, to successfully engage with a situation of \u2018insurrection or rebellion or the overthrow of the state\u2019, required the ability to pass orders and prescribe procedures for cases where his/her orders were violated. These powers were barred by Article 20 and 21, as the military officer was not a law-making person and the procedure that he/she prescribes would not come under \u2018procedures accordingly to law\u2019. The Draft Article, therefore, was indispensable for the military or any officerof the state to discharge his/her duties effectively during martial law. Further, it was clarified that is some cases, the onus might shift on a civilian who might not be an officer of the stateto act in waysto deal with a martial law situation. In these cases, the civilian\u2019s actions must come under the ambit of the Draft Article.At the end of the debate, the Assembly adopted Article 34 with no amendment. ", "qas": []}]}, {"title": "Article 263 Provisions with respect to an inter-State Council..txt", "paragraphs": [{"context": "Article 263 Provisions with respect to an inter-State Council.If at any time it appears to the President that the public interests would be served by the establishment of a Council charged with the duty of \u2014(a) inquiring into and advising upon disputes which may have arisen between States;(b) investigating and discussing subjects in which some or all of the States, or the Union and one or more of the States, have a common interest; or(c) making recommendations upon any such subject and, in particular, recommendations for the better co-ordination of policy and action with respect to that subject, it shall be lawful for the President by order to establish such a Council, and to define the nature of the duties tobe performed by it and its organisation and procedure.", "qas": []}]}, {"title": "Article 364 Special provisions as to major ports and aerodromes..txt", "paragraphs": [{"context": "Article 364 Special provisions as to major ports and aerodromes.(1) Notwithstanding anything in this Constitution, the President may by public notification direct that as from such date as may be specified in the notification \u2014(a) any law made by Parliament or by the Legislature of a State shall not apply to any major port or aerodrome or shall apply thereto subject to such exceptions or modifications as may be specified in the notification, or(b) any existing law shall cease to have effect in any major port or aerodrome except as respects things done or omitted to be done before the said date, or shall in its application to such port or aerodrome have effect subject to such exceptions or modifications as may be specified in the notification.(2) In this article \u2014(a) \u201cmajor port\u201d means a port declared to be a major port by or under any law made by Parliament or any existing law and includes all areas for the time being included within the limits of such port;(b) \u201caerodrome\u201d means aerodrome as defined for the purposes of the enactments relating to airways, aircraft and air navigation.", "qas": []}]}, {"title": "Article 230 Extension of jurisdiction of High Courts to Union territories..txt", "paragraphs": [{"context": "Article 230 Extension of jurisdiction of High Courts to Union territories.(1) Parliament may by law extend the jurisdiction of a High Court to, or exclude the jurisdiction of a High Court from, any Union territory.(2) Where the High Court of a State exercises jurisdiction in relation to a Union territory, \u2014(a) nothing in this Constitution shall be construed as empowering the Legislature of the State to increase, restrict or abolish that jurisdiction; and(b) the reference in article 227 to the Governor shall, in relation to any rules, forms or tables for subordinate courts in that territory, be construed as a reference to the President.", "qas": []}]}, {"title": "Article 45 Provision for free and compulsory education for children.txt", "paragraphs": [{"context": "Article 45 Provision for free and compulsory education for childrenThe 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.Debate SummaryArticle 36, Draft Constitution of India 1950Every 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.Draft Article 36 was taken up for debate on 23 November 1948 in the Constituent Assembly. It provided for free and compulsory education for children under the age of fourteen.\nAn Assembly member wanted to bring the phrasing of Draft Article 36 in line with other Directive Principles of State Policy (DPSP). While most provisions began with a \u2018State shall strive to\u2026\u2019 type phrasing, Draft Article 36 began with \u2018Every citizen is entitled to\u2026\u2019 \u2013 which read more like a legally enforceable fundamental right rather than a DPSP.\nThere was a proposal to replace \u2018education\u2019 with \u2018primary education\u2019 arguing that the State should confine the scope of its duties to only primary education.\nOne member expressed scepticism about Draft Article 36 and referred to (along with other provisions of the DPSPs) as \u2018pious hopes and pious wishes\u2019. This type of criticism often came up when other Articles of the DPSPs were debated.\nIt was agreed that the language of the Draft Article should be brought in line with other Directive Principles. On the question of \u2018primary education\u2019 vs \u2018education\u2019, it was clarified that \u2018education\u2019 was intentionally used as it was linked to Article 18 that barred children below 14 from being employed; The object behind Draft Article 34 was to keep children below 14 occupied in some educational institution \u2013 for primary or any other type of education.\nThe Draft Article was adopted with amendment.\n[In 2002, Draft Article as adopted by the Constituent Assembly was substituted by the 86th amendment with:Provision for early childhood care and education to children below the age of six years.\n45. The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.\". ]\n", "qas": []}]}, {"title": "Article 199 Definition of \u201cMoney Bills\u201d..txt", "paragraphs": [{"context": "Article 199 Definition of \u201cMoney Bills\u201d.(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: \u2014(a) the imposition, abolition, remission, alteration or regulation of any tax;(b) the regulation of the borrowing of money or the giving of any guarantee by the State, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the State;(c) the custody of the Consolidated Fund or the Contingency Fund of the State, the payment of moneys into or the withdrawal of moneys from any such Fund;(d) the appropriation of moneys out of the Consolidated Fund of the State;(e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of the State, or the increasing of the amount of any such expenditure;(f) the receipt of money on account of the Consolidated Fund of the State or the public account of the State or the custody or issue of such money; or(g) any matter incidental to any of the matters specified in sub-clauses (a) to (f).(2) A Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.(3) If any question arises whether a Bill introduced in the Legislature of a State which has a Legislative Council is a Money Bill or not, the decision of the Speaker of the Legislative Assembly of such State thereon shall be final.(4) There shall be endorsed on every Money Bill when it is transmitted to the Legislative Council under article 198, and when it is presented to the Governor for assent under article 200, the certificate of the Speaker of the Legislative Assembly signed by him that it is a Money Bill.", "qas": []}]}, {"title": "Article 97 Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker..txt", "paragraphs": [{"context": "Article 97 Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker.There 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 allowances as may be respectively fixed by Parliament by law and, until provision in that behalf is so made, such salaries and allowances as are specified in the Second Schedule.Debate SummaryArticle 79, Draft Constitution 1948There 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 allowances as may be respectively fixed by Parliament by law, and, until provision in that behalf is so made, such salaries and allowances as are specified in the Second Schedule.Draft Article 79 (Article 97, Constitution of India, 1950) was discussed on 19th May 1949. It regulated the salaries and allowances of the Chairman and Deputy Chairman of the Council of States.The Assembly adopted the Draft Article on 19th May 1949 without any substantive debate.", "qas": []}]}, {"title": "Article 119 Regulation by law of procedure in Parliament in relation to financial business..txt", "paragraphs": [{"context": "Article 119 Regulation by law of procedure in Parliament in relation to financial business.Parliament 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 relation to any financial matter or to any Bill for the appropriation of moneys out of the Consolidated Fund of India, and, if and so far as any provision of any law so made is inconsistent with any rule made by a House of Parliament under clause (1) of article 118 or with any rule or standing order havingeffect in relation to Parliament under clause (2) of that article, such provision shall prevail.Debate SummaryDraft Article 98-A'Regulation by law of procedure in Parliament in relation to financial business.98-A. Parliament may, for the purpose of the timely completion of the financial business, regulate by law the procedure of and the conduct of business in, each house of Parliament in relation to any financial matter or to any Bill for appropriation of moneys out of the Consolidated Fund of India, and if and in so far as the provision of any law so made is inconsistent with any rule made by a House Parliament under the last preceding article or with any rule or standing order having effect in relation to Parliament under clause (2) of that article, such provision shall prevail.'This Draft Article was not a part of the original Draft Constitution, 1948. The Chairman of the Drafting Committee proposedits insertion after Draft Article 98 (Article 118, Constitution of India, 1950)on 10th June 1949. It authorised Parliament to make special rules of procedure in relation to any financial matters. In case of any inconsistency with the standard rules of procedure made under Draft Article 98 (Article 118), the special rules would prevail.The Amendment was accepted by the Assembly without debate. The Assembly adopted the Draft Article 98-A on 10th June 1949.", "qas": []}]}, {"title": "Article 205 Supplementary, additional or excess grants..txt", "paragraphs": [{"context": "Article 205 Supplementary, additional or excess grants.(1) The Governor shall \u2014(a) if the amount authorised by any law made in accordance with the provisions of article 204 to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplementary or additional expenditure upon some new service not contemplated in the annual financial statement for that year, or(b) if any money has been spent on any service during a financial year in excess of the amount granted for that service and for that year,cause to be laid before the House or the Houses of the Legislature of the State another statement showing the estimated amount of that expenditure or cause to be presented to the Legislative Assembly of the State a demand for such excess, as the case may be.(2) The provisions of articles 202, 203 and 204 shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorising the appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure or grant.", "qas": []}]}, {"title": "Article 206 Votes on account, votes of credit and exceptional grants..txt", "paragraphs": [{"context": "Article 206 Votes on account, votes of credit and exceptional grants.(1) Notwithstanding anything in the foregoing provisions of this Chapter, the Legislative Assembly of a State shall have power \u2014(a) to make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in article 203 for the voting of such grant and the passing of the law in accordance with the provisions of article 204 in relation to that expenditure;(b) to make a grant for meeting an unexpected demand upon the resources of the State when on account of the magnitude or the indefinite character of the service the demand cannot be stated with the details ordinarily given in an annual financial statement;(c) to make an exceptional grant which forms no part of the current service of any financial year; and the Legislature of the State shall have power to authorise by law the withdrawal of moneys from theConsolidated Fund of the State for the purposes for which the said grants are made.(2) The provisions of articles 203 and 204 shall have effect in relation to the making of any grant under clause (1) and to any law to be made under that clause as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure.", "qas": []}]}, {"title": "Article 161 Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases..txt", "paragraphs": [{"context": "Article 161 Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.The Governor of a State 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 offence against any law relating to a matter to which the executive power of the State extends.Debate SummaryArticle 141, Draft Constitution, 1948The Governor of a State 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 offence against any law relating to a matter with respect to which the Legislature of the State has power to make laws.Draft Article 141 (Article 161) was debated on 1st June 1949 and 17th October 1949. It dealt with the Governor\u2019s pardoning power.The Draft Article was initially adopted without any debate on 1st June 1949.Subsequently, in light of the debates around other Articles, a member of the Drafting Committee proposed the following amendment:\"That in article 141, for the words 'with respect to which the Legislature of the State has power to make laws' the words 'to which the executive power of the State extends' be substituted.\"The Assembly accepted the amendment without debate. The amended Draft Article was adopted on 17th October 1949.", "qas": []}]}, {"title": "Article 197 Restriction on powers of Legislative Council as to Bills other than Money Bills.txt", "paragraphs": [{"context": "Article 197 Restriction on powers of Legislative Council as to Bills other than Money Bills(1) If after a Bill has been passed by the Legislative Assembly of a State having a Legislative Council and transmitted to the Legislative Council \u2014(a) the Bill is rejected by the Council; or(b) more than three months elapse from the date on which the Bill is laid before the Council without the Bill being passed by it; or(c) the Bill is passed by the Council with amendments to which the Legislative Assembly does not agree;the Legislative Assembly may, subject to the rules regulating its procedure, pass the Bill again in the same or in any subsequent session with or without such amendments, if any, as have been made, suggested or agreed to by the Legislative Council and then transmit the Bill as so passed to the Legislative Council.(2) If after a Bill has been so passed for the second time by the Legislative Assembly and transmitted to the Legislative Council \u2014(a) the Bill is rejected by the Council; or(b) more than one month elapses from the date on which the Bill is laid before the Council without the Bill being passed by it; or(c) the Bill is passed by the Council with amendments to which the Legislative Assembly does not agree;the Bill shall be deemed to have been passed by the Houses of the Legislature of the State in the form in which it was passed by the Legislative Assembly for the second time with such amendments, if any, as have been made or suggested by the Legislative Council and agreed to by the Legislative Assembly.(3) Nothing in this article shall apply to a Money Bill.", "qas": []}]}, {"title": "Article 108 Joint sitting of both Houses in certain cases.txt", "paragraphs": [{"context": "Article 108 Joint sitting of both Houses in certain cases(1) If after a Bill has been passed by one House and transmitted to the other House \u2014(a) the Bill is rejected by the other House; or(b) the Houses have finally disagreed as to the amendments to be made in the Bill; or(c) more than six months elapse from the date of the reception of the Bill by the other House without the Bill being passed by it,the President may, unless the Bill has elapsed by reason of a dissolution of the House of the People, notify to the Houses by message if they are sitting or by public notification if they are not sitting, his intention to summon them to meet in a joint sitting for the purpose of deliberating and voting on the Bill:Provided that nothing in this clause shall apply to a Money Bill.(2) In reckoning any such period of six months as is referred to in clause (1), no account shall be taken of any period during which the House referred to in sub-clause (c) of that clause is prorogued or adjourned for more than four consecutive days.(3) Where the President has under clause (1) notified his intention of summoning the Houses to meet in a joint sitting, neither House shall proceed further with the Bill, but the President may at any time after the date of his notification summon the Houses to meet in a joint sitting for the purpose specified in the notification and, if he does so, the Houses shall meet accordingly.(4) If at the joint sitting of the two Houses the Bill, with such amendments, if any, as are agreed to in joint sitting, is passed by a majority of the total number of members of both Houses present and voting, it shall be deemed for the purposes of this Constitution to have been passed by both Houses:Provided that at a joint sitting \u2014(a) if the Bill, having been passed by one House, has not been passed by the other House with amendments and returned to the House in which it originated, no amendment shall be proposed to the Bill other than such amendments (if any) as are made necessary by the delay in the passage of the Bill;(b) if the Bill has been so passed and returned, only such amendments as aforesaid shall be proposed to the Bill and such other amendments as are relevant to the matters with respect to which the Houses have not agreed;and the decision of the person presiding as to the amendments which are admissible under this clause shall be final.(5) A joint sitting may be held under this article and a Bill passed thereat, notwithstanding that a dissolution of the House of the People has intervened since the President notified his intention to summon the Houses to meet therein.Debate SummaryArticle 88, Draft Constitution, 1948(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 as to the amendments to be made in the Bill; or(c) More than six months elapse from the date of the reception of the Bill by the other House without the Bill being passed by it, the President may, unless the Bill has lapsed by reason of a dissolution of the House of the People, notify to the Houses by message if they are sitting or by public notification if they are not sitting, his intention to summon them to meet in a joint sitting for the purpose of deliberating and voting on the Bill:Provided that nothing in this clause shall apply to a Money Bill.(2) In reckoning any such period of six months as is referred to in clause (1) of this article, no account shall be taken of any time during which both Houses are prorogued or adjourned for more than four days.(3) Where the President has under clause (1) of this article notified his intention of summoning the Houses to meet in a joint sitting, neither House shall proceed further with the Bill, but the President may at any time after the date of his notification summon the Houses to meet in a joint sitting for the purpose specified in the notification and, if he does so, the Houses shall meet accordingly.(4) If at the joint sitting of the two Houses the Bill with such amendments, if any, as are agreed to in joint sitting, is passed by a majority of the total number of members of both Houses present and voting, it shall be deemed for the purposes of this Constitution to have been passed by both Houses:Provided that at a joint sitting-(a) If the Bill, having been passed by one House, has not been passed by the other House with amendments and returned to the House in which it originated, no amendment shall be proposed to the Bill other than such amendments (if any) as are made necessary by the delay in the passage of the Bill;(b) If the Bill has been so passed and returned, only such amendments as aforesaid shall be proposed to the Bill and such other amendments as are relevant to the matters with respect to which the Houses have not agreed; and the decision of the person presiding as to the amendments which are admissible under this clause shall be final.(5) A joint sitting may be held under this article and a Bill passed thereat, notwithstanding that a dissolution of the House of the People has intervened since the President notified his intention to summon the Houses to meet therein.Draft Constitution 88 (Article 108, Constitution of India 1950) was discussed on 20th May 1949. It laid down procedure for convening a joint sitting of the Parliament.A member proposed an amendment to delete \u2018for the purposes of the Constitution\u2019 under clause 4. He argued that this phrase was \u2018redundant, needless and superfluous\u2019.Another member was not convinced of the existence of this Draft Article. He disagreed with the position of the House of Councils in the Indian Constitution. He believed that the House of Councils was given disproportionate authority. Comparing to the House of Lord in the United Kingdom, he argued for the power and role of the House of Councils to be highly restricted. The Draft Article by allowing joint sessions was giving the Upper House undue importance and authority. One member was quick to jump in and defend the Draft Article and the role of the House of Councils in Indian parliamentary framework. He noted that unlike the House of Lord, which is hereditary, the House of Councils represented the elected voices of the States. And it was unique to the Indian federal set up. In situations of legislative deadlock, this Draft Article offered a solution.The Assembly adopted the Draft Article with few minor amendments on 20th May 1949.", "qas": []}]}, {"title": "Article 243ZE Committee for Metropolitan planning..txt", "paragraphs": [{"context": "Article 243ZE Committee for Metropolitan planning.(1) There shall be constituted in every Metropolitan area a Metropolitan Planning Committee to prepare a draft development plan for the Metropolitan area as a whole.(2) The Legislature of a State may, by law, make provision with respect to \u2014(a) the composition of the Metropolitan Planning Committees;(b) the manner in which the seats in such Committees shall be filled: Provided that not less than two-thirds of the members of such Committee shall be elected by, and from amongst, the elected members of the Municipalities and Chairpersons of the Panchayats in the Metropolitan area in proportion to the ratiobetween the population of the Municipalities and of the Panchayats in that area;(c) the representation in such Committees of the Government of India and the Government of the State and of such organisations and Institutions as may be deemed necessary for carrying out the functions assigned to such Committees;(d) the functions relating to planning and coordination for the Metropolitan area which may be assigned to such Committees;(e) the manner in which the Chairpersons of such Committees shall be chosen.(3) Every Metropolitan Planning Committee shall, in preparing the draft development plan, \u2014(a) have regard to \u2014(i) the plans prepared by the Municipalities and the Panchayats in the Metropolitan area;(ii) matters of common interest between the Municipalities and the Panchayats, including co-ordinated spatial planning of the area, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation;(iii) the overall objectives and priorities set by the Government of India and the Government of the State;(iv) the extent and nature of investments likely to be made in the Metropolitan area by agencies of the Government of India and of the Government of the State and other available resources whether financial or otherwise;(b) consult such institutions and organisations as the Governor may, by order, specify.(4) The Chairperson of every Metropolitan Planning Committee shall forward the development plan, as recommended by such Committee, to the Government of the State.", "qas": []}]}, {"title": "Article 19 Protection of certain rights regarding freedom of speech, etc..txt", "paragraphs": [{"context": "Article 19 Protection of certain rights regarding freedom of speech, etc.(1) All citizens shall have the right\u2014   (a) to freedom of speech and expression;   (b) to assemble peaceably and without arms;   (c) to form associations or unions;   (d) to move freely throughout the territory of India;   (e) to reside and settle in any part of the territory of India;   (g) to practise any profession, or to carry on any occupation, trade or business.(2) Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of the sovereignty and integrity of India,] the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.(3) Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India orpublic order, reasonable restrictions on the exercise of the right conferred by the said sub-clause.(4) Nothing in sub-clause (c) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty andintegrity of India or] public order or morality, reasonable restrictions on the exercise of the right conferred by the said sub-clause.(5) Nothing in 1 [sub-clauses (d) and (e)of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the interests of the general public or for the protection of the interests of any Scheduled Tribe.(6) Nothing in sub-clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub-clause, and, in particular, nothing in the said sub-clause shall affect the operation of any existing law in so far as it relates to, or prevent the State from making any law relating to,\u2014    (i) the professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade or business, or    (ii) the carrying on by the State, or by a corporation owned or controlled by the State, of any trade, business, industry or service, whether to the exclusion, complete or partial, of citizens or otherwise.Debate SummaryDraft Constitution of India, 194813. (1) Subject to the other provisions of this article, all citizens shall have the right-(a) To freedom of speech and expression;(b) To assemble peaceably and without arms;(c) To form associations or unions;(d) To move freely throughout the territory of India;(e) To reside and settle in any part of the territory of India;(f) To acquire, hold and dispose of property; and(g) To practise any profession, or to carry on any occupation, trade or business.(2) Nothing in sub-clause (a) of clause (1) of this article shall affect the operation of any existing law, or prevent the State from making any law, relating to libel, slander, defamation, sedition or any other matter which offends against decency. or morality or undermines the authority or foundation of the State.(3) Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law, or prevent the State from making any law, imposing in the interests of public order restrictions on the exercise of the right conferred by the said sub-clause.(4) Nothing in sub-clause (c) of the said clause shall affect the operation of any existing law, or prevent the State from making any law, imposing, in the interests of the general public, restrictions on the exercise of the right conferred by the said sub-clause.(5) Nothing in sub-clauses (d), (e) and (f) of the said clause shall affect the operation of any existing law, or prevent the State from making any law, imposing restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the interests of the general public or for the protection of the interests of any aboriginal tribe.(6) Nothing in sub-clause (g) of the said clause shall affect the operation of any existing law, or prevent the State from making any law, imposing in the interests of public order, morality or health, restrictions on the exercise of the right conferred by the said sub-clause and in particular prescribing, or empowering any authority to prescribe, the professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade or businessDraft Article 13 (Article 19, Constitution of India 1950) was debated on the 1 December 1948,2nd of December 1948, 16th October 1949 and 17th of October 1949. While the Constituent Assembly was unanimous on the incorporation of the rights to freedom in the Constitution, conflicts emerged.The Assemblysaw skirmishes primarily around the clauses that allowed existing and future laws to restrict the rights to freedom on certain grounds. While some members were convinced rights could not be absolute, others were concerned that restrictions effectively nullified the rights.It was suggested that the term \u2018reasonable restrictions\u2019 be introduced into the Article - this allowed the Courts to review legislation and strike down restrictions that were arbitrary.The Article was adopted with amendments.", "qas": []}]}, {"title": "Articles 4(1) and 80(2) Allocation of seats in the Council of States.txt", "paragraphs": [{"context": "Articles 4(1) and 80(2) Allocation of seats in the Council of StatesTo each State or Union territory specified in the first column of the following table, there shall be allotted the number of seats specified in the second column thereof opposite to that State or that Union territory, as the case may be:TABLEAndhra Pradesh\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u202611Telangana......................................................7Assam ...........................................................7Bihar ............................................................16Jharkhand .....................................................6Goa.................................................................1Gujarat..........................................................11Haryana ..........................................................5Kerala..............................................................9Madhya Pradesh ..........................................11Chhattisgarh..................................................5Tamil Nadu....................................................8Maharashtra................................................19Karnataka.....................................................12Odisha..........................................................10Punjab............................................................7Rajasthan......................................................10Uttar Pradesh ................................................3Uttarakhand\u2026\u2026\u2026\u2026........................................3West Bengal..................................................16Jammu and Kashmir.......................................4Nagaland ........................................................1Himachal Pradesh ...........................................3Manipur...........................................................1Tripura ............................................................1Meghalaya.......................................................1Sikkim...............................................................1Mizoram...........................................................1Arunachal Pradesh ..........................................1Delhi ................................................................3Puducherry........................................................1        Total .........................................................................233", "qas": []}]}, {"title": "Article 317 Removal and suspension of a member of a Public Service Commission..txt", "paragraphs": [{"context": "Article 317 Removal and suspension of a member of a Public Service Commission.(1) Subject to the provisions of clause (3), the Chairman or any other member of a Public Service Commission shall only be removed from his office byorder of the President on the ground of misbehaviour after the Supreme Court, on reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf under article 145, reported that the Chairman or such other member, as the case may be, ought on any such ground to be removed.(2) The President, in the case of the Union Commission or a Joint Commission, and the Governor in the case of a State Commission, may suspend from office the Chairman or any other member of the Commission in respect of whom a reference has been made to the Supreme Court under clause (1) until the President has passed orders on receipt of the report of the Supreme Court on such reference.(3) Notwithstanding anything in clause (1), the President may by order remove from office the Chairman or any other member of a Public Service Commission if the Chairman or such other member, as the case may be, \u2014(a) is adjudged an insolvent; or(b) engages during his term of office in any paid employment outside the duties of his office; or(c) is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.(4) If the Chairman or any other member of a Public Service Commission is or becomes in any way concerned or interested in any contract or agreement made by or on behalf of the Government of India or the Government of a State or participates in any way in the profit thereof or in any benefit or emolument arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of clause (1), be deemed to be guilty of misbehaviour.", "qas": []}]}, {"title": "Article 61 Procedure for impeachment of the President..txt", "paragraphs": [{"context": "Article 61 Procedure 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 unless\u2014(a) the proposal to prefer such charge is contained in a resolution which has been moved after at least fourteen days' notice in writing signed by not less than one-fourth of the total number of members of the House has been given of their intention to move the resolution, and(b) such resolution has been passed by a majority of not less than two-thirds of the total membership of the House.(3) When a charge has been so preferred by either House of Parliament, the other House shall investigate the charge or cause the charge to be investigated and the President shall have the right to appear and to be represented at such investigation.(4) If as a result of the investigation a resolution is passed by a majority of not less than two-thirds of the total membership of the House by which the charge was investigated or caused to be investigated, declaring that the charge preferred against the President has been sustained, such resolution shall have the effect of removing the President from his office as from the date on which the resolution is so passed.Debate SummaryArticle 50, Draft Constitution of India 1948(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 unless-(a) The proposal to prefer such charge is contained in a resolution which has been moved after a notice in writing signed by not less than thirty members of the House has been given of their intention to move the resolution, and(b) Such resolution has been supported by not less than two-thirds of the total membership of the House.(3) When a charge has been so preferred by either House of Parliament, the other House shall investigate the charge or cause the charge to be investigated and the President shall have the right to appear and to be represented at such investigation.(4) If as a result of the investigation a resolution is passed, supported by not less than two-thirds of the total membership of the House by which the charge was investigated or caused to be investigated, declaring that the charge preferred against the President has been sustained, such resolution shall have the effect of removing the President from his office as from the date on which the resolution is so passed.The Constituent Assembly took up Draft Article 50 (Article 61, Constitution of India) for debate on 28 December 1948. The Draft Article set out the procedure by which the President of India could be removed from office. Clause 1 stated that impeachment proceedings could be initiated in either house of parliament. An amendment was moved to give this power to only the lower house, the Lok Sabha. The amendment\u2019s mover argued that unlike the Upper house, Rajya Sabha, whose members were indirectly elected or nominated, the Lok Sabha was truly representative of the people; And this was important to consider in deciding the impeachment process. Another member wanted the Chief Justice of Supreme Court to preside over the investigations into the charges framed against the President, similar to what was provided for in the American Constitution. To ensure impartiality, the member argued, it was more appropriate for the Chief Justice to preside over the House\u2019s proceedings, rather than the Speaker or Deputy Speaker. Further, the investigations would involve questions of fact, admissibility of evidence and other legal aspects which were best handled by a member of the judiciary, like the Chief justice. There was also a proposal to replace the two-thirds majority required to pass an impeachment resolution with just a simple majority. The member who put forward this amendment felt that the two-thirds majority was against the spirit of democracy, was too stringent a criterion, and would make it hard to pass impeachment resolutions. The Chairman of the Drafting Committee responded to all of the above amendments. On the first amendment, he argued that behaviour of the President is a matter of concern for lower and upper houses, and therefore it did not make sense to only allow the lower house to initiate impeachment proceedings. Second, he said that there was no problem in bringing in the Chief Justice to preside over investigations; This could be provided for in the Houses\u2019 rules of procedure and was not necessary to include in the Constitution. On the third amendment, he argued that unlike a no-confidence motion, an impeachment motion would associate the President with shame, moral turpitude and ruination of the public career of the President. Therefore, it was necessary to set the high bar of a two-thirds majority to pass an impeachment motion. The Draft Article was adopted with a minor amendment. ", "qas": []}]}, {"title": "Article 327 Power of Parliament to make provision with respect to elections to Legislatures..txt", "paragraphs": [{"context": "Article 327 Power of Parliament to make provision with respect to elections to Legislatures.Subject to the provisions of this Constitution, Parliament may from time to time by law make provision with respect to all matters relating to, or in connection with, elections to either House of Parliament or to the House or either House of the Legislature of a State including the preparation of electoral rolls, the delimitation of constituencies and all other matters necessary for securing the due constitution of such House or Houses.", "qas": []}]}, {"title": "Article 378 Provisions as to Public Service Commissions..txt", "paragraphs": [{"context": "Article 378 Provisions as to Public Service Commissions.(1) The members of the Public Service Commission for the Dominion of India holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the members of the Public Service Commission for the Union and shall, notwithstanding anything in clauses (1) and (2) of article 316 but subject to the proviso to clause (2) of that article, continue to hold office until the expiration of their term of office as determined under the rules which were applicable immediately before such commencement to such members.(2) The members of a Public Service Commission of a Province or of a Public Service Commission serving the needs of a group of Provinces holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the members of the Public Service Commission for the corresponding State or the members of the Joint State Public Service Commission serving the needs of the corresponding States, as the case may be, and shall, notwithstanding anything in clauses (1) and (2) of article 316 but subject to the proviso to clause (2) of that article, continue to hold office until the expiration of their term of office as determined under the rules which were applicable immediately before such commencement to such members.", "qas": []}]}, {"title": "Article 174 Sessions of the State Legislature, prorogation and dissolution..txt", "paragraphs": [{"context": "Article 174 Sessions of the State Legislature, prorogation and dissolution.(1) The Governor shall from time to time summon the House or each House of the Legislature of the State to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.(2) The Governor may from time to time \u2014(a) prorogue the House or either House;(b) dissolve the Legislative Assembly.", "qas": []}]}, {"title": "Article 293 Borrowing by States..txt", "paragraphs": [{"context": "Article 293 Borrowing by States.(1) Subject to the provisions of this article, the executive power of a State extends to borrowing within the territory of India upon the security of the Consolidated Fund of the State within such limits, if any, as may from time to time be fixed by the Legislature of such State by law and to the giving of guarantees within such limits, if any, as may be so fixed.(2) The Government of India may, subject to such conditions as may be laid down by or under any law made by Parliament, make loans to any State or, so long as any limits fixed under article 292 are not exceeded, give guarantees in respect of loans raised by any State, and any sums required for the purpose of making such loans shall be charged on the Consolidated Fund of India.(3) A State may not without the consent of the Government of India raise any loan if there is still outstanding any part of a loan which has been made to the State by the Government of India or by its predecessor Government, or in respect of which a guarantee has been given by the Government of India or by its predecessor Government.(4) A consent under clause (3) may be granted subject to such conditions, if any, as the Government of India may think fit to impose.", "qas": []}]}, {"title": " Constitution of India, 1950.txt", "paragraphs": [{"context": " Constitution of India, 1950", "qas": []}]}, {"title": "Article 372 Continuance in force of existing laws and their adaptation..txt", "paragraphs": [{"context": "Article 372 Continuance in force of existing laws and their adaptation.(1) Notwithstanding the repeal by this Constitution of the enactments referred to in article 395 but subject to the other provisions of this Constitution, all the law in force in the territory of India immediately before the commencement of this Constitution shall continue in force therein until altered or repealed or amended by a competent Legislature or other competent authority.(2) For the purpose of brining the provisions of any law in force in the territory of India into accord with theprovisions of this Constitution, the President may by order1 make such adaptations and modifications of such law, whether by way of repeal or amendment, as may be necessary or expedient, and provide that the law shall, as from such date as may be specified in the order, have effect subject to the adaptations and modifications so made, and any such adaptation or modification shall not be questioned in any court of law.(3) Nothing in clause (2) shall be deemed \u2014(a) to empower the President to make any adaptation or modification of any law after the expiration of three yearsfrom the commencement of this Constitution; or(b) to prevent any competent Legislature or other competent authority from repealing or amending any law adapted or modified by the President under the said clause. Explanation I. \u2014 The expression \u201claw in force\u201d in this article shall include a law passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that it or parts of it may not be then in operation either at all or in particular areas. Explanation II. \u2014 Any law passed or made by a Legislature or other competent authority in the territory of India which immediately before the commencement of this Constitution had extra-territorial effect as well as effect in the territory of India shall, subject to any such adaptations and modifications as aforesaid, contiue to have such extra-territorial effect.Explanation III. \u2014 Nothing in this article shall be construed as continuing any temporary law in force beyond the date fixed for its expiration or the date on which it would have expired if this Constitution had not come into force.Explanation IV. \u2014 An Ordinance promulgated by the Governor of a Province under section 88 of the Government of India Act, 1935, and in force immediately before the commencement of this Constitution shall, unless withdrawn by the Governor of the corresponding State earlier, cease to operate at the expiration of six weeks from the first meeting after such commencement of the Legislative Assembly of that State functioning under clause (1) of article 382, and nothing in this article shall be construed as continuing any such Ordinance in force beyond the said period.", "qas": []}]}, {"title": "Article 298 Power to carry on trade, etc..txt", "paragraphs": [{"context": "Article 298 Power to carry on trade, etc.The executive power of the Union and of each State shall extend to the carrying on of any trade or business and to the acquisition, holding and disposal of property and the making of contracts for any purpose: Provided that \u2014(a) the said executive power of the Union shall, in so far as such trade or business or such purpose is not one with respect to which Parliament may make laws, be subject in each State to legislation by the State; and(b) the said executive power of each State shall, in so far as such trade or business or such purpose is not one with respect to which the State Legislature may make laws, be subject to legislation by Parliament.", "qas": []}]}, {"title": "Article 201 Bills reserved for consideration..txt", "paragraphs": [{"context": "Article 201 Bills reserved for consideration.When a Bill is reserved by a Governor for the consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent therefrom: Provided that, where the Bill is not a Money Bill, the President may direct the Governor to return the Bill to the House or, as the case may be, the Houses of the Legislature of the State together with such a message as is mentioned in the first proviso to article 200 and, when a Bill is so returned, the House or Houses shall reconsider it accordingly within a period of six months from the date of receipt of such message and, if it is again passed by the House or Houses with or without amendment, it shall be presented again to the President for his consideration.", "qas": []}]}, {"title": "Article 176 Special address by the Governor..txt", "paragraphs": [{"context": "Article 176 Special address by the Governor.(1) At the commencement of the first session after each general election to the Legislative Assembly and at the commencement of the first session of each year, the Governor shall address the Legislative Assembly or, in the case of a State having a Legislative Council, both Houses assembled together and inform the Legislature of the causes of its summons.(2) Provision shall be made by the rules regulating the procedure of the House or either House for the allotment of time for discussion of the matters referred to in such address.", "qas": []}]}, {"title": "Article 152 Definition..txt", "paragraphs": [{"context": "Article 152 Definition.In this Part, unless the context otherwise requires, the expression \u201cState\u201d does not include the State of Jammu and Kashmir.Debate SummaryArticle 128, Draft Constitution, 1948In 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.Draft Article 128 (Article 152) was debated on 30th May 1949. It specified the meaning of the expression \u2018State\u2019 used in Part VI.The Draft Article was accepted without debate and adopted by the Assembly on 30th May 1949. It was later amended by the Constitution (7th Amendment) Act, 1956.", "qas": []}]}, {"title": "Article 233 Appointment of district judges..txt", "paragraphs": [{"context": "Article 233 Appointment of district judges.(1) Appointments of persons to be, and the posting and promotion of, district judges in any State shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State.(2) A person not already in the service of the Union or of the State shall only be eligible to be appointed a district judge if he has been for not less than seven years an advocate or a pleader and is recommended by the High Court for appointment.", "qas": []}]}, {"title": "Article 105 Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof..txt", "paragraphs": [{"context": "Article 105 Powers, 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.(2) No member of Parliament shall be liable to any proceedings in any court in respect of any thing said or any vote given by him in Parliament or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings.(3) In other respects, the powers, privileges and immunities of each House of Parliament, and of the members and the committees of each House, shall be such as may from time to time be defined by Parliament by law, and, until so defined, shall be those of that House and of its members and committees immediately before the coming into force of section 15 of the Constitution (Forty-fourth Amendment) Act, 1978.(4) The provisions of clauses (1), (2) and (3) shall apply in relation to persons who by virtue of this Constitution have the right to speak in, and otherwise to take part in the proceedings of, a House of Parliament or any committee thereof as they apply in relation to members of Parliament.Debate SummaryArticle 85, Draft Constitution, 1948(1) Subject to the rules and standing orders regulating the procedure of Parliament, there shall be freedom of speech in Parliament.(2) No member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings.(3) In other respects, the privileges and immunities of members of the Houses shall be such as may from time to time be defined by Parliament by law, and, until so defined, shall be such as are enjoyed by the members of the House of Commons of the Parliament of the United Kingdom at the commencement of this Constitution.(4) The provisions of clauses (1), (2) and (3) of this article shall apply in relation to persons who by virtue of this Constitution have the right to speak in, and otherwise take part in the proceedings of, a House of Parliament as they apply in relation to members of Parliament.Draft Article 85 (Article 105, Constitution of India, 1950) was debated on 19th May 1949 and 16th October 1949. It conferred privileges and immunities to the Parliament and its members.A member moved an amendment to insert \u2018or any committee thereof\u2019 in clause 4. He argued that the immunity under this Draft Article should not only be conferred to the members of the Parliament, but also non-members who might be a part of any committee set up by the Parliament. He anticipated that the committees would call upon experts and other professions for their testimonies and such persons must have the same parliamentary privileges. This amendment was adopted.Another member proposed to add a new clause which would make the Parliament the final judge on any issue relating to the privilege and such orders passed would be enforceable by the officers of the Parliament. The Assembly rejected this proposal.A member was concerned with the effect of this Draft Article on the freedom of the press. He noted that any such speech or proceedings which the Parliament could publish, the press must an analogous right. The Draft Article\u2019s disregard to the freedom of the press was a lacuna that needed to be addressed. He further objected to clause (3) which noted that the members of the Parliament enjoyed privileges of the members of the House of Commons of the Parliament of the United Kingdom. He noted that the privileges of the members of the House of Commons were not codified in a statute. Instead was a matter of precedents that could be understood through common law textbooks. This would put a heavy burden on the Indian parliamentarians, as they would have to hire or seek help from the English lawyers to better understand their privileges. A member of the Drafting Committee noted that the members of the House of Commons enjoyed the \u2018widest privileges\u2019. If the Constitution had to merely encode the existing privileges of the Provincial Legislatures, that would be restrictive: the right to punish a person for contempt of the Parliament would be absent. He further clarified that Australian and Canadian Constitutions had similar direct reference to the House of Commons.The Constituent Assembly adopted the Draft Article as amended on 19th May 1949. Further, the Assembly accepted minor amendments on 16th October 1949.", "qas": []}]}, {"title": "Article 258A Power of the States to entrust functions to the Union..txt", "paragraphs": [{"context": "Article 258A Power of the States to entrust functions to the Union.Notwithstanding anything in this Constitution, the Governor of a State may, with the consent of the Government of India, entrust either conditionally or unconditionally to that Government or to its officers functions in relation to any matter to which the executive power of the State extends.", "qas": []}]}, {"title": "Article 296 Property accruing by escheat or lapse or as bona vacantia..txt", "paragraphs": [{"context": "Article 296 Property accruing by escheat or lapse or as bona vacantia.Subject as hereinafter provided, any property in the territory of India which, if this Constitution had not come into operation, would have accrued to His Majesty or, as the case may be, to the Ruler of an Indian State by escheat or lapse, or as bona vacantia for want of a rightful owner, shall, if it is property situate in a State, vest in such State, and shall, in any other case, vest in the Union: Provided that any property which at the date when it would have so accrued to His Majesty or to the Ruler of an Indian State was in the possession or under the control of the Government of India or the Government of a State shall, according as the purposes for which it was then used or held were purposes of the Union or of a State, vest in the Union or in that State. Explanation. \u2014 In this article, the expressions \u201cRuler\u201d and \u201cIndian State\u201d have the same meanings as in article 363.", "qas": []}]}, {"title": "Article 101 Vacation of seats..txt", "paragraphs": [{"context": "Article 101 Vacation 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 his seat in one House or the other.(2) No person shall be a member both of Parliament and of a House of the Legislature of a Stateand if a person is chosen a member both of Parliament and of a House of the Legislature of a State, then, at the expiration of such period as may be specified in rulesmade by the President, that person's seat in Parliament shall become vacant, unless he has previously resigned his seat in the Legislature of the State.(3) If a member of either House of Parliament \u2014(a) becomes subject to any of the disqualifications mentioned in clause (1) or clause (2) of article 102, or 5(b) resigns his seat by writing under his hand addressed to the Chairman or the Speaker, as the case may be, and his resignation is accepted by the Chairman or the Speaker, as the case may be,his seat shall thereupon become vacant:his seat shall thereupon become vacant:Provided that in the case of any resignation referred to in sub-clause (b), if from information received or otherwise and after making such inquiry as he thinks fit, the Chairman or the Speaker, as the case may be, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.(4) If for a period of sixty days a member of either House of Parliament is without permission of the House absent from all meetings thereof, the House may declare his seat vacant:Provided that in computing the said period of sixty days no account shall be taken of any period duringwhich the House is prorogued or is adjourned for more than four consecutive days.Debate SummaryArticle 82, Draft Constitution 1948(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 his seat in one House or the other.(2) If a member of either House of Parliament-(a) Becomes subject to any of the disqualifications mentioned in clause (1) of the next succeeding article; or(b) Resigns his seat by writing under his hand addressed to the Chairman or the Speaker, as the case may be, his seat shall thereupon become vacant.(3) If for a period of sixty days a member of either House of Parliament is without permission of the House absent from all meetings thereof, the House may declare his seat vacant:Provided that in computing the said period of sixty days no account shall be taken of any period during which the House is prorogued or is adjourned for more than four consecutive days.Draft Article 82 (Article 101, Constitution of India 1950) was discussed on 19th May 1949. It laid down circumstances under which a member\u2019s seat would be considered vacant.Clause 2 of Article 101, Constitution of India 1950 was not a part of the original Draft Article. It was inserted through an amendment moved by the Chairman of the Drafting Committee.A member sought to add recollection of a member of the Parliament by electors as a ground for a vacation of his/her seat. He invoked the Swiss and American examples to illustrate how several democratic countries provide for the right to recall a member of the Parliament if he/she fails to \u2018discharge their duties to the constituency\u2019. He argued that under \u2018ideal conditions of democracy\u2019, the right to recall must find a place. One member was not convinced by this proposal. He argued that the amendment did not spell out practical aspects of the recall process. Moreover, it wouldcause practical hurdles.Another member wanted to make it a mandatory for a member to be able to read and write the National Language to be elected to the Parliament. This would populariseand encourage people to speak the National Language.The Assembly did not accept any of these proposals. It adopted the Draft Article with minor amendments.", "qas": []}]}, {"title": "Article 65 The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President..txt", "paragraphs": [{"context": "Article 65 The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President.(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 President until the date on which a new President elected in accordance with the provisions of this Chapter to fill such vacancy enters upon his office.(2) When the President is unable to discharge his functions owing to absence, illness or any other cause, the Vice-President shall discharge his functions until the date on which the President resumes his duties.(3) The Vice-President shall, during, and in respect of, the period while he is so acting as, or discharging the functions of, President, have all the powers and immunities of the President and be entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.Debate SummaryArticle 54, Draft Constitution 1948(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 President until the date on which a new President elected in accordance with the provisions of this Chapter to fill such vacancy enters upon his office.(2) When the President is unable to discharge his functions owing to absence, illness or any other cause, the Vice-President shall discharge his functions until the date on which the President resumes his duties.(3) The Vice-President shall, during, and in respect of, the period while he is so acting as, or discharging the functions of the, President, have all the powers and immunities of the President.The Draft Article was debated on 28 December 1948. In case of vacancy of the President\u2019s office, this article gave the Vice-President the President\u2019s powers and obligations until the vacancy was filled.The Chairman of the Drafting Committee moved an amendment to ensure that the Vice-President upon assuming the President\u2019s office was entitled to 'privileges, emoluments, and allowances'as decided by the Parliament. A member argued that the benefits that a Vice-President assuming President\u2019s office enjoyed must be the same as that of the President\u2019s. There was no need to discriminate the temporary President. There was a proposal to include 'duties and liabilities' to the Chairman\u2019s amendment. It was argued that, while the amendment took care of the temporary President\u2019s benefits, it did not include \u2018duties and liabilities\u2019 of the President. This would make it hard to impeach the temporary President if he/she violated the Constitution.The Chairman of the Drafting Committee responded to these concerns. First, he noted that the Parliament should be given the prerogative to fix deferential benefits as this was a temporary position for a short time. He clarified that if there was no separate provision covering the temporary President\u2019s benefits, he/she would be entitled to the President\u2019s benefits. Second, he asserted that the temporary President would have the same obligations as that of the President. The impeachment provisions of the President would apply to the temporary President as well. It was unnecessary and superfluous to spell it in the Constitution.The Assembly adopted the Draft Article with the Drafting Committee\u2019s amendment.", "qas": []}]}, {"title": "Article 307 Appointment of authority for carrying out the purposes of articles 301 to 304..txt", "paragraphs": [{"context": "Article 307 Appointment of authority for carrying out the purposes of articles 301 to 304.Parliament may by law appoint such authority as it considers appropriate for carrying out the purposes of articles 301, 302, 303 and 304, and confer on the authority so appointed such powers and such duties as it thinks necessary.", "qas": []}]}, {"title": "Article 243M Part not to apply to certain areas..txt", "paragraphs": [{"context": "Article 243M Part not to apply to certain areas.(1) Nothing in this Part shall apply to the Scheduled Areas referred to in clause (1), and the tribal areas referred to in clause (2), of article 244.(2) Nothing in this Part shall apply to \u2014(a) the States of Nagaland, Meghalaya and Mizoram;(b) the hill areas in the State of Manipur for which District Councils exist under any law for the time being in force.(3) Nothing in this Part \u2014(a) relating to Panchayats at the district level shall apply to the hill areas of the District of Darjeeling in the State of West Bengal for which Darjeeling Gorkha Hill Council exists under any law for the time being in force;(b) shall be construed to affect the functions and powers of the Darjeeling Gorkha Hill Council constituted under such law.(3A) Nothing in article 243D, relating to reservation of seats for the Scheduled Castes, shall apply to the State of Arunachal Pradesh.(4) Notwithstanding anything in this Constitution, \u2014(a) the Legislature of a State referred to in subclause (a) of clause (2) may, by law, extend this part to that State, except the areas, if any, referred to in clause (1), if the Legislative Assembly of that State passes a resolution to that effect by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting;(b) Parliament may, by law, extend the provisions of this Part to the Scheduled Areas and the tribal areas referred to in clause (1) subject to such exceptions and modifications as may be specified in such law, and no such law shall be deemed to be an amendment of this Constitution for the purposes of article 368.", "qas": []}]}, {"title": "Article 359 Suspension of the enforcement of the rights conferred by Part III during emergencies..txt", "paragraphs": [{"context": "Article 359 Suspension of the enforcement of the rights conferred by Part III during emergencies.(1) Where a Proclamation of Emergency is in operation, the President may by order declare that the right to move any court for the enforcement of such of the rights conferred by Part III (except articles 20 and 21)as may be mentioned in the order and all proceedings pending in any court for the enforcement of the rights so mentioned shall remain suspended for the period during which the Proclamation is in force or for such shorter period as may be specified in the order.(1A) While an order made under clause (1) mentioning any of the rights conferred by Part III (except articles 20 and 21)is in operation, nothing in that Part conferring those rights shall restrict the power of the State as defined in the said Part to make any law or to take any executive action which the State would but for the provisions contained in that Part be competent to make or to take, but any law so made shall, to the extent of the incompetency, cease to have effect as soon as the order aforesaid ceases to operate, except as respects things done or omitted to be done before the law so ceases to have effect: Provided that where a Proclamation of Emergency is in operation only in any part of the territory of India, any such law may be made, or any such executive action may be taken, under this article in relation to or in any State or Union territory in which or in any part of which the Proclamation of Emergency is not in operation, if and in so far as the security of India or any part of the territory thereof is threatened by activities in or in relation to the part of the territory of India in which the Proclamation of Emergency is in operation.(1B) Nothing in clause (1A) shall apply \u2014(a) to any law which does not contain a recital to the effect that such law is in relation to the Proclamation of Emergency in operation when it is made; or(b) to any executive action taken otherwise than under a law containing such a recital.((2) An order made as aforesaid may extend to the whole or any part of the territory of India: Provided that where a Proclamation of Emergency is in operation only in a part of the territory of India, any such order shall not extend to any other part of the territory of India unless the President, being satisfied that the security of India or any part of the territory thereof is threatened by activities in or in relation to the part of the territory of India in which the Proclamation of Emergency is in operation, considers such extension to be necessary.(3) Every order made under clause (1) shall, as soon as may be after it is made, be laid before each House of Parliament.", "qas": []}]}, {"title": "Article 275 Grants from the Union to certain States..txt", "paragraphs": [{"context": "Article 275 Grants from the Union to certain States.(1) Such sums as Parliament may by law provide shall be charged on the Consolidated Fund of India in each year as grants-in-aid of the revenues of such States as Parliament may determine to be in need of assistance, and different sums may be fixed for different States: Provided that there shall be paid out of the Consolidated Fund of India as grants-in-aid of the revenues of a State such capital and recurring sums as may be necessary to enable that State to meet the costs of such schemes of development as may be undertaken by the State with the approval of the Government of India for the purpose of promoting the welfare of the Scheduled Tribes in that State or raising the level of administration of the Scheduled Areas therein to that of the administration of the rest of the areas of that State: Provided further that there shall be paid out of the Consolidated Fund of India as grants-in-aid of the revenues of the State of Assam sums, capital and recurring, equivalent to \u2014(a) the average excess of expenditure over the revenues during the two years immediately preceding the commencement of this Constitution in respect of the administration of the tribal areas specified in Part Iof the table appended to paragraph 20 of the Sixth Schedule; and(b) the costs of such schemes of development as may be undertaken by that State with the approval of the Government of India for the purpose of raisingthe level of administration of the said areas to that of the administration of the rest of the areas of that State.(1A) On and from the formation of the autonomous State under article 244A, \u2014(i) any sums payable under clause (a) of the second proviso to clause (1) shall, if the autonomous State comprises all the tribal areas referred to therein, be paid to the autonomous State, and, if the autonomous State comprises only some of those tribal areas, be apportioned between the State of Assam and the autonomous State as the President may, by order, specify;(ii) there shall be paid out of the Consolidated Fund of India as grants-in-aid of the revenues of the autonomous State sums, capital and recurring, equivalent to the costs of such schemes of development as may be undertaken by the autonomous State with the approval of the Government of India for the purpose of raising the level of administration of that State to that of the administration of the rest of the State of Assam.(2) Until provision is made by Parliament under clause (1), the powers conferred on Parliament under that clause shall be exercisable by the President by order and any order made by the President under this clause shall have effect subject to any provision so made by Parliament: Provided that after a Finance Commission has been constituted no order shall be made under this clause by the President except after considering the recommendations of the Finance Commission.", "qas": []}]}, {"title": "Article 253 Legislation for giving effect to international agreements..txt", "paragraphs": [{"context": "Article 253 Legislation for giving effect to international agreements.Notwithstanding anything in the foregoing provisions of this Chapter, Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body", "qas": []}]}, {"title": "Article 300 Suits and proceedings..txt", "paragraphs": [{"context": "Article 300 Suits and proceedings.(1) The Government of India may sue or be sued by the name of the Union of India and the Government of a State may sue or be sued by the name of the State and may, subject to any provisions which may be made by Act of Parliament or of the Legislature of such State enacted by virtue of powers conferred by this Constitution, sue or be sued in relation to their respective affairs in the like cases as the Dominion of India and the corresponding Provinces or the corresponding Indian States might have sued or been sued if this Constitution had not been enacted.(2) If at the commencement of this Constitution \u2014(a) any legal proceedings are pending to which the Dominion of India is a party, the Union of India shall be deemed to be substituted for the Dominion in those proceedings; and (b) any legal proceedings are pending to which a Province or an Indian State is a party, the corresponding State shall be deemed to be substituted for the Province or the Indian State in those proceedings.", "qas": []}]}, {"title": "Article 11 Parliament to regulate the right of citizenship by law..txt", "paragraphs": [{"context": "Article 11 Parliament to regulate the right of citizenship by law.Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenshipDebate SummaryArticle 11 of the Constitution of India (Draft Article 6) gives parliament the power to make citizenship related laws.This article was debated on10thAugust 1949,11thAugust 1949and12thAugust 1949.The discussions revolved around a single question: Whether the future parliament can have unfettered power to make citizenship related laws?The Chairman of the Drafting Committee introduced this Draft Article. He stated that the Assembly was not tasked with making a permanent citizenship law, instead it aimed to settle key principles that would govern citizenship at the time of commencement of the Constitution. The future parliament, he continued, has the prerogative to make a comprehensive citizenship code. He further clarified that the parliament is not bound by the preceding articles. He went to the extent that the parliament can take away citizenship from the previously declared articles and also lay down new regulating principles.One member was not convinced. He did not want the parliament\u2019s power to legislate on citizenship to be unfettered. He proposed to add a qualifier: Parliament should not be allowed to grant equal citizenship rights to nationals of a foreign country which denies equal treatment to Indians.The Assembly did not accept any amendments and adoptedDraft Article 6 as introduced by the Drafting Committee on12thAugust 1949", "qas": []}]}, {"title": "Article 330 Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People..txt", "paragraphs": [{"context": "Article 330 Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People.(1) Seats shall be reserved in the House of the People for \u2014(a) the Scheduled Castes;(b) the Scheduled Tribes except the Scheduled Tribes in the autonomous districts of Assam; and(c) the Scheduled Tribes in the autonomous districts of Assam.(2) The number of seats reserved in any State or Union territoryfor the Scheduled Castes or the Scheduled Tribes under clause (1) shall bear, as nearly as may be, the same proportion to the total number of seats allotted to that State 2 [or Union territory] in the House of the People as the population of the Scheduled Castes in the State or Union territoryor of the Scheduled Tribes in the State or Union territory or part of the State or Union territory, as the case may be, in respect of which seats are so reserved, bears to the total population of the State or Union territory.(3) Notwithstanding anything contained in clause (2), the number of seats reserved in the House of the People for the Scheduled Tribes in the autonomous districts of Assam shall bear to the total number of seats allotted to that State a proportion not less than the population of the Scheduled Tribes in the said autonomous districts bears to the total population of the State.Explanation \u2014In this article and in article 332, the expression \u201cpopulation\u201d means the population asascertained at the last preceding census of which the relevant figures have been published:  Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2026 have been published, be construed as a reference to the2001census.", "qas": []}]}, {"title": "Article 326 Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage..txt", "paragraphs": [{"context": "Article 326 Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage.The elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage; that is to say, every person who is a citizen of India and who is not less than [eighteen years] of age on such date as may be fixed in that behalf by or under any law made by the appropriate Legislature and is not otherwise disqualified under this Constitution or any law made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election.", "qas": []}]}, {"title": "Article 376 Provisions as to Judges of High Courts..txt", "paragraphs": [{"context": "Article 376 Provisions as to Judges of High Courts.(1) Notwithstanding anything in clause (2) of article 217, the Judges of a High Court in any Province holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the Judges of the High Court in the corresponding State, and shall thereupon be entitled to such salaries and allowances and to such rights in respect of leave of absence and pension as are provided for under article 221 in respect of the Judges of such High Court. Any such Judge shall, notwithstanding that he is not a citizen of India, be eligible for appointment as Chief Justice of such High Court, or as Chief Justice or other Judge of any other High Court.(2) The Judges of a High Court in any Indian State corresponding to any State specified in Part B of the First Schedule holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the Judges of the High Court in the State so specified and shall, notwithstanding anything in clauses (1) and (2) of article 217 but subject to the proviso to clause (1) of that article, continue to hold office until the expiration of such period as the President may by order determine.(3) In this article, the expression \u201cJudge\u201d does not include an acting Judge or an additional Judge.", "qas": []}]}, {"title": "Article 288 Exemption from taxation by States in respect of water or electricity in certain cases..txt", "paragraphs": [{"context": "Article 288 Exemption from taxation by States in respect of water or electricity in certain cases.(1) Save in so far as the President may by order otherwise provide, no law of a State in force immediately before the commencement of this Constitution shall impose, or authorise the imposition of, a tax in respect of any water or electricity stored, generated, consumed, distributed or sold by any authority established by any existing law or any law made by Parliament for regulating or developing any inter-State river or river-valley. Explanation. \u2014 The expression \u201claw of a State in force\u201d in this clause shall include a law of a State passed or made before the commencement of this Constitution and not previously repealed, notwithstanding that it or parts of it may not be then in operation either at all or in particular areas.(2) The Legislature of a State may by law impose, or authorise the imposition of, any such tax as is mentioned in clause (1), but no such law shall have any effect unless it has, after having been reserved for the consideration of the President, received his assent; and if any such law provides for the fixation of the rates and other incidents of such tax by means of rules or orders to be made under the law by any authority, the law shall provide for the previous consent of the President being obtained to the making of any such rule or order.", "qas": []}]}, {"title": "Article 308 Interpretation..txt", "paragraphs": [{"context": "Article 308 Interpretation.In this Part, unless the context otherwise requires, the expression \u201cState\u201d does not include the State of Jammu and Kashmir.", "qas": []}]}, {"title": "Article 223 Appointment of acting Chief Justice..txt", "paragraphs": [{"context": "Article 223 Appointment of acting Chief Justice.When the office of Chief Justice of a High Court is vacant or when any such Chief Justice is, by reason of absence or otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such one of the other Judges of the Court as the President may appoint for the purpose.", "qas": []}]}, {"title": "Article 131 Original jurisdiction of the Supreme Court..txt", "paragraphs": [{"context": "Article 131 Original jurisdiction of the Supreme Court.Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute \u2014(a) between the Government of India and one or more States; or(b) between the Government of India and any State or States on one side and one or more other States on the other; or(c) between two or more States, if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends:   Provided that the said jurisdiction shall not extend to a dispute arising out of any treaty, agreement, covenant, engagement, sanad or other similar instrument which, having been entered into or executed before the commencement of this Constitution, continues in operation after such commencement, or which provides that the said jurisdiction shall not extend to such a dispute.Debate SummaryArticle 109, Draft Constitution, 1948Subject 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 Government of India and one or more States, or(b) Between the Government of India and any State or States on one side and one or more other States on the other; or(c) Between two or more States, if in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends:Provided that the said jurisdiction shall not extend to-(i) A dispute to which a State for the time being specified in Part III of the First Schedule is a party, if the dispute arises out of any provision of a treaty, agreement, engagement, sanad or other similar instrument which was entered into or executed before the date of commencement of this Constitution and has, or has been, continued in operation after that date;(ii) A dispute to which any State is a party, if the dispute arises out of any provision of a treaty, agreement, engagement, sanad or other similar instrument which provides that the said jurisdiction shall not extend to such a dispute.Draft Article 109 (Article 131, Constitution of India, 1950) was debated on 3rd June 1949 and 14th October 1949. It delineated the scope of original jurisdiction of the Supreme Court.A member of the Drafting Committee proposed to delete clause (i)of the proviso. He argued for leaving any specific references to Part III of the Constitution out of the provision.There was an opposition to this provision principally. A member believed that in case of a dispute between states, the adjudicator should be the Government of India \u2013 not the Supreme Court. According to him, the states were subordinate to the Centre.The Assembly accepted the amendments of the Drafting Committee and adopted the Draft Article on 3rd June 1949. The Draft Article was reopened for discussion on 14th October 1949 where both the clauses of the proviso were retained.", "qas": []}]}, {"title": "Article 39 Certain principles of policy to be followed by the State..txt", "paragraphs": [{"context": "Article 39 Certain principles of policy to be followed by the State.The State shall, in particular, direct its policy towards securing\u2014(a) that the citizens, men and women equally, have the right to an adequate means of livelihood;(b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good;(c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;(d) that there is equal pay for equal work for both men and women;(e) that the health and strength 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;(f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.Debate SummaryArticle 31, Draft Constitution, 1948The 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.Draft Article 31 (Article 39) was taken up for debate in the Constituent Assembly on22ndNovember 1948. It directed the State to protect and promote the economic welfare of citizens with special emphasis on the weaker sections of society.The debate was dominated by the Assembly\u2019s socialists who felt that the Draft Article\u2019s clauses did not do enough to encode socialism in the Constitution. They pointed out that the language of clause allowedprivate interests to obtain the \u2018ownership and control of material resources\u2019 which was antagonistic to the economic welfare of citizens. These members moved amendments that aimed to give specificity to the clauses; they specified what came under \u2018material resources\u2019, and explicitly stated that only the State acting on behalf of the people could have control over material resources.Another member was worried about clause 3 that directed the State to prevent the concentration of wealth and moved an amendment. It was argued that unless the Assembly had plans to install a communist state, the concentration of wealth and inequities would be inevitable. Therefore, the problem was not really the concentration of wealth, but the undueconcentration of wealth.At the end of the debate, it was clarified that the clauses of the Draft Article were deliberatelyworded in a general and extensive manner; the economic system that the socialists were arguing for was compatible with the Draft Article. Therefore there was no need for the relevant amendments. The Assembly had made it clear during the debates on Draft Article 1 that it did not want to prescribe an economic model for India, and instead wished to allow the people of India to choose their favoured model through Parliament.. Hence, they favoured the general approach to the clauses of Draft Article 31.All amendments were rejected, with the exception of the minor amendment to replace\u2018that the strength and health\u2019 with \u2018that the health and strength\u2019.The Assembly adopted the amended Draft Article on 22nd November 1948.", "qas": []}]}, {"title": "Article 10 Continuance of the rights of citizenship.txt", "paragraphs": [{"context": "Article 10 Continuance of the rights of citizenshipEvery person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen.Debate SummaryArticle 10 clarifies that people declared as citizens under the preceding citizenship articles continue to be so subject to any law made by the Parliament.This article was debated on10thAugust 1949,11thAugust 1949and12thAugust 1949.Through this article the constitution framers wanted to restate the ad-hoc nature of the citizenship articles (Part II). They wanted to reiterate that Part II was a temporary law on citizenship \u2013 future parliament was to enact an elaborate code.While there were no substantive discussions around this Article, one member moved a motion to delete this article as he believed that it was unnecessary and redundant: Article 11 (Draft Article 6) would suffice.The Assembly adopted this article without any amendments on 12 August 1949.", "qas": []}]}, {"title": "Article 28 Freedom as to attendance at religious instruction or religious worship in certain educational institutions..txt", "paragraphs": [{"context": "Article 28 Freedom as to attendance at religious instruction or religious worship in certain educational institutions.(1) No religious instruction shall be provided in any educational institution wholly maintained out of State funds.(2) Nothing in clause (1) shall apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution.(3) No person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto.Debate SummaryArticle 22, Draft Constitution of India, 1948(1) No religious instruction shall be provided by the State in any educational institution wholly maintained out of State funds:Provided that nothing in this clause shall apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution.(2) No person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person, or if such person is a minor, his guardian has given his consent thereto.(3) Nothing in this article shall prevent any community or denomination from providing religious instruction for pupils of that community or denomination in an educational institution outside its working hours.Draft Article 22 was discussed in the Constituent Assembly on 7th December 1948. It aimed to regulate and place restrictions on religious instruction in educational institutions funded by the State. The debate on the Draft Article was comprehensive and contained multiple strands. One member pointed out the text of the Draft Article as it stood allowed non-state institutions to provide religious instruction. As this was not in-line with the underlying motivation behind the Draft Article \u2013 to not allow any state-funded institution to provide religious instruction \u2013 the Assembly acknowledged the flaw, and accepted an amendment to delete \u2018by the state\u2019. It was proposed that subclause 3 be deleted as, it was inconsistent with clause 1, would facilitate conflict between denominations of the same religion, and was redundant in light of clause 2. This amendment too was accepted. There was a discussion about the fate of fully state-funded institutions like Sanskrit College which provided instruction in religious texts that included the Vedas. Would these not be allowed to continue? It was clarified that there was a distinction between research and study of religion, and religious dogma. The Draft Article pertained to the former and not the later. Finally, the Assembly adopted the Draft Article with some amendments.", "qas": []}]}, {"title": "Article 165 Advocate-General for the State..txt", "paragraphs": [{"context": "Article 165 Advocate-General for the State.(1) The Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate-General for the State.(2) It shall be the duty of the Advocate-General to give advice to the Government of the State upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Governor, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force.(3) The Advocate-General shall hold office during the pleasure of the Governor, and shall receive such remuneration as the Governor may determine.", "qas": []}]}, {"title": "Article 139 Conferment on the Supreme Court of powers to issue certain writs..txt", "paragraphs": [{"context": "Article 139 Conferment on the Supreme Court of powers to issue certain writs.Parliament 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 and certiorari, or any of them, for any purposes other than those mentioned in clause (2) of article 32.Debate SummaryArticle 115, Draft Constitution, 1948Parliament may, by law, confer on the Supreme Court power to issue directions or orders in the nature of the writs of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for any purposes other than those mentioned in clause (2) of article 25 (which relates to the enforcement of fundamental rights) of this Constitution.Draft Article 115 (Article 139) was debated on 27th May 1949. It conferred the power to issue writs on the Supreme Court.The Chairman of the Drafting Committee proposed the deletion of the words \u2018which relates to the enforcement of fundamental rights\u2019 as they were superfluous.A member proposed that the Draft Article be amended to bring its language in line with Draft Article 25 (Article 19), to read as follows:\u2018Parliament may by law confer on the Supreme Court power to issue directions, orders or writs, including writs in the nature of\u2026\u2019He argued that the existing language of the Draft Article was unnecessarily restrictive as it limited the writ power of the Supreme Court only to the writs named in the Draft Article. The acceptance of his amendment, he argued, ensured that Parliament was not restricted in its ability to expand the jurisdiction of the Supreme Court to confer writs, directions, and orders as it saw fit.Both proposed amendments were accepted without debate.The amended Draft Article was adopted by the Assembly on 27th May 1949.\n", "qas": []}]}, {"title": "Article 88 Rights of Ministers and Attorney General as respects Houses..txt", "paragraphs": [{"context": "Article 88 Rights of Ministers and Attorney General as respects Houses.Every 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, and any committee of Parliament of which he may be named a member, but shall not by virtue of this article be entitled to vote.Debate SummaryArticle 72, Draft Constitution 1948Every 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 and any committee of Parliament of which he may be named a member, but shall not by virtue of this article be entitled to vote.Draft Article 72 (Article 88, Constitution of India, 1950) was debated on 18th May 1949. It granted the Ministers and the Attorney-General of India the rights to speak and take part in the Parliament.A member moved an amendment to restrict rights under this provision only to the elected members of the Parliament. He argued that according to the principle of ministerial responsibility, only elected members must be made ministers. And elected parliamentarians inherently have the right to take part in the parliamentary proceedings. He further added that the rights of participation should be linked with the right to vote.The Chairman of the Drafting Committee opposed this amendment. He noted that this provision was an exception to the generally accepted rule of only members of a house being allowed to participate in its proceedings. The legislative business occurred in both the houses of the Parliament. When a bill got introduced it passed through both the House of People and Council of States. This provision facilitated the Minister in charge, who need not be a member of the house, to speak on the Bill and respond to queries.The Constituent Assembly adopted the Draft Article without any amendments on 18th May 1949.", "qas": []}]}, {"title": "List I Union List .txt", "paragraphs": [{"context": "List I Union List 1. Defence of India and every part thereof including preparation for defence and all such acts as may be conducive in times of war to its prosecution and after its termination to effective demobilisation.2. Naval, military and air forces; any other armed forces of the Union.2A. Deployment of any armed force of the Union or any other force subject to the control of the Union or any contingent or unit thereof in any State in aid of the civil power; powers, jurisdiction, privileges and liabilities of the members of such forces while on such deployment.3. Delimitation of cantonment areas, local self-government in such areas, the constitution and powers within such areas of cantonment authorities and the regulation of house accommodation (including the control of rents) in such areas.4. Naval, military and air force works.5. Arms, firearms, ammunition and explosives.6. Atomic energy and mineral resources necessary for its production.7. Industries declared by Parliament by law to be necessary for the purpose of defence or for the prosecution of war.8. Central Bureau of Intelligence and Investigation.9. Preventive detention for reasons connected with Defence, Foreign Affairs, or the security of India; persons subjected to such detention.10. Foreign affairs; all matters which bring the Union into relation with any foreign country.11. Diplomatic, consular and trade representation.12. United Nations Organisation.13. Participation in international conferences, associations and other bodies and implementing of decisions made thereat.14. Entering into treaties and agreements with foreign countries and implementing of treaties, agreements and conventions with foreign countries.15. War and peace.16. Foreign jurisdiction.17. Citizenship, naturalisation and aliens.18. Extradition.19. Admission into, and emigration and expulsion from, India; passports and visas.20. Pilgrimages to places outside India.21. Piracies and crimes committed on the high seas or in the air; offences against the law of nations committed on land or the high seas or in the air.22. Railways.23. Highways declared by or under law made by Parliament to be national highways.24. Shipping and navigation on inland waterways, declared by Parliament by law to be national waterways, as regards mechanically propelled vessels; the rule of the road on such waterways.25. Maritime shipping and navigation, including shipping and navigation on tidal waters; provision of education and training for the mercantile marine and regulation of such education and training provided by States and other agencies.26. Lighthouses, including lightships, beacons and other provision for the safety of shipping and aircraft.27. Ports declared by or under law made by Parliament or existing law to be major ports, including their delimitation, and the constitution and powers of port authorities therein.28. Port quarantine, including hospitals connected therewith; seamen\u2019s and marine hospitals.29. Airways; aircraft and air navigation; provision of aerodromes; regulation and organisation of air traffic and of aerodromes; provision for aeronautical education and training and regulation of such education and training provided by States and other agencies.30. Carriage of passengers and goods by railway, sea or air, or by national waterways in mechanically propelled vessels.31. Posts and telegraphs; telephones, wireless, broadcasting and other like forms of communication.32. Property of the Union and the revenue therefrom, but as regardsproperty situated in a State subject to legislation by the State, save in so far as Parliament by law otherwise provides.34. Courts of wards for the estates of Rulers of Indian States.35. Public debt of the Union.36. Currency, coinage and legal tender; foreign exchange.37. Foreign loans.38. Reserve Bank of India.39. Post Office Savings Bank.40. Lotteries organised by the Government of India or the Government of a State.41. Trade and commerce with foreign countries; import and export across customs frontiers; definition of customs frontiers.42. Inter-State trade and commerce.43. Incorporation, regulation and winding up of trading corporations, including banking, insurance and financial corporations but not including co-operative societies.44. Incorporation, regulation and winding up of corporations, whether trading or not, with objects not confined to one State, but not including universities.45. Banking.46. Bills of exchange, cheques, promissory notes and other like instruments.47. Insurance.48. Stock exchanges and futures markets.49. Patents, inventions and designs; copyright; trade-marks and merchandise marks.50. Establishment of standards of weight and measure.51. Establishment of standards of quality for goods to be exported out of India or transported from one State to another.52. Industries, the control of which by the Union is declared by Parliament by law to be expedient in the public interest.53. Regulation and development of oilfields and mineral oil resources; petroleum and petroleum products; other liquids and substances declared by Parliament by law to be dangerously inflammable.54. Regulation of mines and mineral development to the extent to which such regulation and development under the control of the Union is declared by Parliament by law to be expedient in the public interest.55. Regulation of labour and safety in mines and oilfields.56. Regulation and development of inter-State rivers and river valleys to the extent to which such regulation and development under the control of the Union is declared by Parliament by law to be expedient in the public interest.57. Fishing and fisheries beyond territorial waters.58. Manufacture, supply and distribution of salt by Union agencies; regulation and control of manufacture, supply and distribution of salt by other agencies.59. Cultivation, manufacture, and sale for export, of opium.60. Sanctioning of cinematograph films for exhibition.61. Industrial disputes concerning Union employees.62. The institutions known at the commencement of this Constitution as the National Library, the Indian Museum, the Imperial War Museum, the Victoria Memorial and the Indian War Memorial, and any other like institution financed by the Government of India wholly or in part and declared by Parliament by law to be an institution of national importance.63. The institutions known at the commencement of this Constitution as the Benares Hindu University, the Aligarh Muslim University and the Delhi University; the University established in pursuance of article 371E; any other institution declared by Parliament by law to be an institution of national importance.64. Institutions for scientific or technical education financed by the Government of India wholly or in part and declared by Parliament by law to be institutions of national importance.65. Union agencies and institutions for\u2014(a) professional, vocational or technical training, including the training of police officers; or(b) the promotion of special studies or research; or(c) scientific or technical assistance in the investigation or detection ofcrime.66. Co-ordination and determination of standards in institutions for higher education or research and scientific and technical institutions.67. Ancient and historical monuments and records, and archaeological sites and remains, [declared by or under law made by Parliament] to be of national importance.68. The Survey of India, the Geological, Botanical, Zoological and Anthropological Surveys of India; Meteorological organisations.69. Census.70. Union Public Service; All-India Services; Union Public Service Commission.71. Union pensions, that is to say, pensions payable by the Government of India or out of the Consolidated Fund of India.72. Elections to Parliament, to the Legislatures of States and to the offices of President and Vice-President; the Election Commission.73. Salaries and allowances of members of Parliament, the Chairman and Deputy Chairman of the Council of States and the Speaker and Deputy Speaker of the House of the People.74. Powers, privileges and immunities of each House of Parliament and of the members and the Committees of each House; enforcement of attendance of persons for giving evidence or producing documents before committees of Parliament or commissions appointed by Parliament.75. Emoluments, allowances, privileges, and rights in respect of leave of absence, of the President and Governors; salaries and allowances of the Ministers for the Union; the salaries, allowances, and rights in respect of leave of absence and other conditions of service of the Comptroller and Auditor-General.76. Audit of the accounts of the Union and of the States.77. Constitution, organisation, jurisdiction and powers of the Supreme Court (including contempt of such Court), and the fees taken therein; persons entitled to practise before the Supreme Court.78. Constitution and organisation (including vacations) of the High Courts except provisions as to officers and servants of High Courts; persons entitled to practise before the High Courts.79. Extension of the jurisdiction of a High Court to, and exclusion of the jurisdiction of a High Court from, any Union territory.80. Extension of the powers and jurisdiction of members of a police force belonging to any State to any area outside that State, but not so as to enable the police of one State to exercise powers and jurisdiction in any area outside that State without the consent of the Government of the State in which such area is situated; extension of the powers and jurisdiction of members of a police force belonging to any State to railway areas outside that State.81. Inter-State migration; inter-State quarantine.82. Taxes on income other than agricultural income.83. Duties of customs including export duties.84. Duties of excise on tobacco and other goods manufactured or producedin India except\u2014(a) alcoholic liquors for human consumption.(b) opium, Indian hemp and other narcotic drugs and narcotics, but including medicinal and toilet preparations containing alcohol or anysubstance included in sub-paragraph (b) of this entry.85. Corporation tax.86. Taxes on the capital value of the assets, exclusive of agricultural land, of individuals and companies; taxes on the capital of companies.87. Estate duty in respect of property other than agricultural land.88. Duties in respect of succession to property other than agricultural land.89. Terminal taxes on goods or passengers, carried by railway, sea or air; taxes on railway fares and freights.90. Taxes other than stamp duties on transactions in stock exchanges and futures markets.91. Rates of stamp duty in respect of bills of exchange, cheques, promissory notes, bills of lading, letters of credit, policies of insurance, transfer of shares, debentures, proxies and receipts.92. Taxes on the sale or purchase of newspapers and on advertisements published therein.[92A. Taxes on the sale or purchase of goods other than newspapers, where such sale or purchase takes place in the course of inter-State trade or commerce.][92B. Taxes on the consignments of goods (whether the consignment is to the person making it or to any other person), where such consignment takes place in the course of inter-State trade or commerce.]*[92C. Taxes on services.]93. Offences against laws with respect to any of the matters in this List.94. Inquiries, surveys and statistics for the purpose of any of the matters in this List.95. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this List; admiralty jurisdiction.96. Fees in respect of any of the matters in this List, but not including fees taken in any court.97. Any other matter not enumerated in List II or List III including any tax not mentioned in either of those Lists.", "qas": []}]}, {"title": "Article 349 Special procedure for enactment of certain laws relating to language..txt", "paragraphs": [{"context": "Article 349 Special procedure for enactment of certain laws relating to language.During the period of fifteen years from the commencement of this Constitution, no Bill or amendment making provision for the language to be used for any of the purposes mentioned in clause (1) of article 348 shall be introduced or moved in either House of Parliament without the previous sanction of the President, and the President shall not give his sanction to the introduction of any such Bill or the moving of any such amendment except after he has taken into consideration the recommendations of the Commission constituted under clause (1) of article 344 and the report of the Committee constituted under clause (4) of that article.", "qas": []}]}, {"title": "Article 99 Oath or affirmation by members..txt", "paragraphs": [{"context": "Article 99 Oath or affirmation by members.Every 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 affirmation according to the form set out for the purpose in the Third Schedule.Debate SummaryArticle 81, Draft Constitution 1948Every 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, a declaration according to the form set out for the purpose in the Third Schedule.Draft Constitution 1948 (Article 81, Constitution of India 1950) was discussed on 19th May 1949. It required the members of the Parliament to take an oath before assuming his/her office.A member moved an amendment that would require the oath to be administered before \u2018Speaker of the House of Representatives or Chairman of the Council of States\u2019 instead of the President. He argued that the President should be kept out of a \u2018purely internal concern of the House\u2019. The Chairman of the Drafting Committee argued against this amendment. A candidate after winning an election did not automatically become a member of the Parliament. He/she must meet additional qualifications including taking the oath. Hence only after all the candidates took the oath, would they become members of the house and go on to elect the Speaker. Therefore it was necessary to have someone other than the Speaker to facilitate the oath ceremony.The President of the Assembly enquired regarding the members who would join in the middle of a session after a bye-election. He wanted to know before whom would such members take the oath. The Chairman of the Drafting Committee noted that after a Speaker was elected by the house, the President would confer, by order, his/her authority to administer the oath to the Speaker.The Chairman of the Drafting Committee moved another amendment. He sought to replace \u2018declaration\u2019 with \u2018oath or affirmation\u2019.After accepting the amendment passed by the Drafting Committee, the Assembly adopted the Draft Article on 19th May 1949.", "qas": []}]}, {"title": "Article 78 Duties of Prime Minister as respects the furnishing of information to the President, etc..txt", "paragraphs": [{"context": "Article 78 Duties of Prime Minister as respects the furnishing of information to the President, etc.It shall be the duty of the Prime Minister \u2014(a) to communicate to the President all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation;(b) to furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for; and(c) if the President so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.Debate SummaryArticle 65, Draft Constitution of India, 1948It 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 Union and proposals for legislation:(b) To furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for; and(c) If the President so requires, to submit for the consideration of the Council of ministers any matter on which a decision has been taken by a minister but which has not been considered by the Council.Draft Article 65 (Article 78, Constitution of India, 1950) was debated on 7th January 1949. This article made the Prime Minister responsible for official communications to the President.One member moved an amendment to insert \u2018as soon as they are made\u2019 in clause (a): this would ensure that the President was made aware of the Ministers\u2019 decision at the earliest and prevent delay and procrastination. However, the mover of the amendment, generally commenting on this article, was not convinced of its necessity. This was a matter of routine business and could be a part of the Rules of Business of the Cabinet.The Assembly adopted the Draft Article without any amendments on 7th January 1949.", "qas": []}]}, {"title": "Article 243X Power to impose taxes by, and Funds of, the Municipalities..txt", "paragraphs": [{"context": "Article 243X Power to impose taxes by, and Funds of, the Municipalities.The Legislature of a State may, by law, \u2014(a) authorise a Municipality to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits;(b) assign to a Municipality such taxes, duties, tolls and fees levied and collected by the State Government for such purposes and subject to such conditions and limits;(c) provide for making such grants-in-aid to the Municipalities from the Consolidated Fund of the State; and(d) provide for constitution of such Funds for crediting all moneys received, respectively, by or on behalf of the Municipalities and also for the withdrawal of such moneys therefrom,as may be specified in the law.", "qas": []}]}, {"title": "Article 377 Provisions as to Comptroller and Auditor-General of India..txt", "paragraphs": [{"context": "Article 377 Provisions as to Comptroller and Auditor-General of India.The Auditor-General of India holding office immediately before the commencement of this Constitution shall, unless he has elected otherwise, become on such commencement the Comptroller and Auditor-General of India and shall thereupon be entitled to such salaries and to such rights in respect of leave of absence and pension as are provided for under clause (3) of article 148 in respect of the Comptroller and Auditor-General of India and be entitled to continue to hold office until the expiration of his term of office as determined under the provisions which were applicable to him immediately before such commencement.", "qas": []}]}, {"title": "Article 304 Restrictions on trade, commerce and intercourse among States..txt", "paragraphs": [{"context": "Article 304 Restrictions on trade, commerce and intercourse among States.Notwithstanding anything in article 301 or article 303, the Legislature of a State may by law \u2014(a) impose on goods imported from other States 1 [or the Union territories] any tax to which similar goods manufactured or produced in that State are subject, so, however, as not to discriminate between goods so imported and goods so manufactured or produced; and(b) impose such reasonable restrictions on the freedom of trade, commerce or intercourse with or within that State as may be required in the public interest: Provided that no Bill or amendment for the purposes of clause (b) shall be introduced or moved in the Legislature of a State without the previous sanction of the President", "qas": []}]}, {"title": "Article 322 Expenses of Public Service Commissions..txt", "paragraphs": [{"context": "Article 322 Expenses of Public Service Commissions.The expenses of the Union or a State Public Service Commission, including any salaries, allowances and pensions payable to or in respect of the members or staff of the Commission, shall be charged on the Consolidated Fund of India or, as the case may be, the Consolidated Fund of the State.", "qas": []}]}, {"title": "Article 221 Salaries, etc., of Judges..txt", "paragraphs": [{"context": "Article 221 Salaries, etc., of Judges.(1) There shall be paid to the Judges of each High Court such salaries as may be determined by Parliament by law and, until provision in that behalf is so made, such salaries as are specified in the Second Schedule.(2) Every Judge shall be entitled to such allowances and to such rights in respect of leave of absence and pension as may from time to time be determined by or under law made by Parliament and, until so determined, to such allowances and rights as are specified in the Second Schedule: Provided that neither the allowances of a Judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment.", "qas": []}]}, {"title": "Article 347 Special provision relating to language spoken by a section of the population of a State..txt", "paragraphs": [{"context": "Article 347 Special provision relating to language spoken by a section of the population of a State.On a demand being made in that behalf the President may, if he is satisfied that a substantial proportion of the population of a State desire the use of any language spoken by them to be recognised by that State, direct that such language shall also be officially recognised throughout that State or any part thereof for such purpose as he may specify.", "qas": []}]}, {"title": "Article 203 Procedure in Legislature with respect to estimates..txt", "paragraphs": [{"context": "Article 203 Procedure in Legislature with respect to estimates.(1) So much of the estimates as relates to expenditure charged upon the Consolidated Fund of a State shall not be submitted to the vote of the Legislative Assembly, but nothing in this clause shall be construed as preventing the discussion in the Legislature of any of those estimates.(2) So much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the Legislative Assembly, and the Legislative Assembly shall have power to assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount specified therein.(3) No demand for a grant shall be made except on the recommendation of the Governor.", "qas": []}]}, {"title": "Article 235 Control over subordinate courts..txt", "paragraphs": [{"context": "Article 235 Control over subordinate courts.The control over district courts and courts subordinate thereto including the posting and promotion of, and the grant of leave to, persons belonging to the judicial service of a State and holding any post inferior to the post of district judge shall be vested in the High Court, but nothing in this article shall be construed as taking away from any such person any right of appeal which he may have under the law regulating the conditions of his service or as authorising the High Court to deal with him otherwise than in accordance with the conditions of his service prescribed under such law.", "qas": []}]}, {"title": "Article 39A Equal justice and free legal aid..txt", "paragraphs": [{"context": "Article 39A Equal justice and free legal aid.The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.Debate SummaryThe article was inserted by the Constitution (Forty-second Amendment) Act, 1976.", "qas": []}]}, {"title": "Article 247 Power of Parliament to provide for the establishment of certain additional courts..txt", "paragraphs": [{"context": "Article 247 Power of Parliament to provide for the establishment of certain additional courts.Notwithstanding anything in this Chapter, Parliament may by law provide for the establishment of any additional courts for the better administration of laws made by Parliament or of any existing laws with respect to a matter enumerated in the Union List.", "qas": []}]}, {"title": "Article 194 Powers, privileges, etc., of the Houses of Legislatures and of the members and committees thereof..txt", "paragraphs": [{"context": "Article 194 Powers, privileges, etc., of the Houses of Legislatures 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 the Legislature, there shall be freedom of speech in the Legislature of every State.(2) No member of the Legislature of a State shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Legislature or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of a House of such a Legislature of any report, paper, votes or proceedings.(3) In other respects, the powers, privileges and immunities of a House of the Legislature of a State, and of the members and the committees of a House of such Legislature, shall be such as may from time to time be defined by the Legislature by law, and, until so defined, shall be those of that House and of its members and committees immediately before the coming into force of section 26 of the Constitution (Forty-fourth Amendment) Act, 1978.(4) The provisions of clauses (1), (2) and (3) shall apply in relation to persons who by virtue of this Constitution have the right to speak in, and otherwise to take part in the proceedings of, a House of the Legislature of a State or any committee thereof as they apply in relation to members of that Legislature.", "qas": []}]}, {"title": "Article 256 Obligation of States and the Union..txt", "paragraphs": [{"context": "Article 256 Obligation of States and the Union.The executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that State, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose.", "qas": []}]}, {"title": "Article 290A Annual payment to certain Devaswom Funds..txt", "paragraphs": [{"context": "Article 290A Annual payment to certain Devaswom Funds.A sum of forty-six lakhs and fifty thousand rupees shall be charged on, and paid out of, the Consolidated Fund of the State of Kerala every year tothe Travancore Devaswom Fund; and a sum of thirteen lakhs and fifty thousand rupees shall be charged on, and paid out of, the Consolidated Fund of the State of Tamil Naduevery year to the Devaswom Fund established in that State for the maintenance of Hindu temples and shrines in the territories transferred to that State on the 1st day of November, 1956, from the State of Travancore-Cochin.", "qas": []}]}, {"title": "Article 292 Borrowing by the Government of India..txt", "paragraphs": [{"context": "Article 292 Borrowing by the Government of India.The executive power of the Union extends to borrowing upon the security of the Consolidated Fund of India within such limits, if any, as may from time to time be fixed by Parliament by law and to the giving of guarantees within such limits, if any, as may be so fixed.", "qas": []}]}, {"title": "Article 371G Special provision with respect to the State of Mizoram..txt", "paragraphs": [{"context": "Article 371G Special provision with respect to the State of Mizoram.Notwithstanding anything in this Constitution, \u2014(a) no Act of Parliament in respect of \u2014(i) religious or social practices of the Mizos,(ii) Mizo customary law and procedure,(iii) administration of civil and criminal justice involving decisions according to Mizo customary law,(iv) ownership and transfer of land,shall apply to the State of Mizoram unless the Legislative Assembly of the State of Mizoram by a resolution so decides: Provided that nothing in this clause shall apply to any Central Act in force in the Union territory of Mizoram immediately before the commencement of the Constitution (Fifty-third Amendment) Act, 1986;(b) the Legislative Assembly of the State of Mizoram shall consist of not less than forty members.", "qas": []}]}, {"title": "Article 227 Power of superintendence over all courts by the High Court..txt", "paragraphs": [{"context": "Article 227 Power of superintendence over all courts by the High Court.(1) Every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction.(2) Without prejudice to the generality of the foregoing provision, the High Court may \u2014(a) call for returns from such courts;(b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and(c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts.(3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practising therein: Provided that any rules made, forms prescribed or tables settled under clause (2) or clause (3) shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the Governor.(4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court ortribunal constituted by or under any law relating to the Armed Forces.", "qas": []}]}, {"title": "Article 171 Composition of the Legislative Councils..txt", "paragraphs": [{"context": "Article 171 Composition of the Legislative Councils.(1) The total number of members in the Legislative Council of a State having such a Council shall not exceed one-thirdof the total number of members in the Legislative Assembly of that State: Provided that the total number of members in the Legislative Council of a State shall in no case be less than forty.(2) Until Parliament by law otherwise provides, the composition of the Legislative Council of a State shall be as provided in clause (3).(3) Of the total number of members of the Legislative Council of a State \u2014(a) as nearly as may be, one-third shall be elected by electorates consisting of members of municipalities, district boards and such other local authorities in the State as Parliament may by law specify;(b) as nearly as may be, one-twelfth shall be elected by electorates consisting of persons residing in the State who have been for at least three years graduates of any university in the territory of India or have been for at least three years in possession of qualifications prescribed by or under any law made by Parliament as equivalent to that of a graduate of any such university;(c) as nearly as may be, one-twelfth shall be elected by electorates consisting of persons who have been for at least three years engaged in teaching in such educational institutions within the State, not lower in standard than that of a secondary school, as may be prescribed by or under any law made by Parliament;(d) as nearly as may be, one-third shall be elected by the members of the Legislative Assembly of the State from amongst persons who are not members of the Assembly;(e) the remainder shall be nominated by the Governor in accordance with the provisions of clause (5).(4) The members to be elected under sub-clauses ( a), ( b) and ( c) of clause (3) shall be chosen in such territorial constituencies as may be prescribed by or under any law made by Parliament, and the elections under the said sub-clauses and under sub-clause ( d) of the said clause shall be held in accordance with the system of proportional representation by means of the single transferable vote.(5) The members to be nominated by the Governor under sub-clause ( e) of clause (3) shall consist of personshaving special knowledge or practical experience in respect of such matters as the following, namely: \u2014 Literature, science, art, co-operative movement and social service.", "qas": []}]}, {"title": "Article 84 Qualification for membership of Parliament..txt", "paragraphs": [{"context": "Article 84 Qualification for membership of Parliament.A person shall not be qualified to be chosen to fill a seat in Parliament unless he \u2014(a) is a citizen of India, and makes and subscribes before some person authorised in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule;(b) is, in the case of a seat in the Council of States, not less than thirty years of age and, in the case of a seat in the House of the People, not less than twenty-five years of age; and(c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament.Debate SummaryArticle 68-A, Draft Constitution 1948A person shall not be qualified to be chosen to fill a seat in Parliament unless he-(a) is a citizen of India;(b) is, in the case of a seat in the Council of States, not less than thirty-five years of age and, in the case of a seat in the House of the People, not less than twenty-five years of age, and(c) possesses such other qualifications as may be prescribed in this behalf by or under any law made by Parliament.This article was not a part of the initial Draft Constitution, 1948. It was introduced the Drafting Committee as an amendment on 18th May 1949. It laid down qualifications for membership of the Parliament.The Chairman of the Drafting Committee clarified the purpose of this provision. He noted that while any voter qualified to stand for elections, he/she must meet certain \u2018higher\u2019 qualifications. A Parliamentarian should have experience and knowledge to discharge his/her responsibilities effectively. Encoding these additional qualifications will ensure better candidates at the Parliament.A significant proposal was to reduce the age limit from 35 to 30 for members to the House of People. The mover of this amendment argued that \u2018wisdom does not depend on age\u2019. With education younger citizens had more civic awareness. Moreover, she pointed out how Jawaharlal Nehru was appointed as the President of Congress at a young age.On 18th May 1949, the Assembly adopted the Draft Article with the amendment to reduce the age limit.", "qas": []}]}, {"title": "Article 289 Exemption of property and income of a State from Union taxation..txt", "paragraphs": [{"context": "Article 289 Exemption of property and income of a State from Union taxation.(1) The property and income of a State shall be exempt from Union taxation.(2) Nothing in clause (1) shall prevent the Union from imposing, or authorising the imposition of, any tax to such extent, if any, as Parliament may by law providein respect of a trade or business of any kind carried on by, or on behalf of, the Government of a State, or any operations connected therewith, or any property used or occupied for the purposes of such trade or business, or any income accruing or arising in connection therewith.(3) Nothing in clause (2) shall apply to any trade or business, or to any class of trade or business, which Parliament may by law declare to be incidental to the ordinary functions of Government.", "qas": []}]}, {"title": "Article 40 Organisation of village panchayats..txt", "paragraphs": [{"context": "Article 40 Organisation of village panchayats.The State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.Debate SummaryDraft Article 31-AThe State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government'.Article 31-A was not part of the Draft Constitution 1948. It was anew amendment introduced in the Assembly on 22 November 1948, while deliberations over the Draft Constitution underway. The amendment aimed to, \u2018unequivocally\u2019 direct the State to realise a Panchayati Raj system in India. The Assembly seemed to be in consensus over the inclusion of the Article in the Draft Constitution. Most member speeches focussed on why the Article was important. While some emphasised that the Article was the culmination of M.K. Gandhi\u2019s ideas on the role of village others focussedthat the economic and even military benefits of organising \u2018village republics\u2019. The amendment was added to the Draft Constitution with no opposition. Note: The specific debate on Article 31-A is insufficient to get an overall sense of the Assembly\u2019s discourse on the question of Panchayats. See here. ", "qas": []}]}, {"title": "Article 340 Appointment of a Commission to investigate the conditions of backward classes..txt", "paragraphs": [{"context": "Article 340 Appointment of a Commission to investigate the conditions of backward classes.(1) The President may by order appoint a Commission consisting of such persons as he thinks fit to investigate the conditions of socially and educationally backward classes within the territory of India and the difficulties under which they labour and to make recommendations as to the steps that should be taken by the Union or any State to remove such difficulties and to improve their condition and as to the grants that should be made for the purpose by the Union or any State and the conditions subject to which such grants should be made, and the order appointing such Commission shall define the procedure to be followed by the Commission.(2) A Commission so appointed shall investigate the matters referred to them and present to the President a report setting out the facts as found by them and making such recommendations as they think proper.(3) The President shall cause a copy of the report so presented together with a memorandum explaining the action taken thereon to be laid before each House of Parliament.Debate SummaryArticle 301, Draft Constitution, 1948\u201c301. (1) The President may by order appoint a Commission consisting of such persons as he thinks fit to investigate the conditions of socially and educationally backward classes within the territory of India and the difficulties under which they labour and to make recommendations as to the steps that should be taken by the Union or any State to remove such difficulties and to improve their condition and as to the grants that should be given for the purpose by the Union or any State and the conditions subject to which such grants should be given, and the order appointing such Commission shall define the procedure to be followed by the Commission.(2) A Commission so appointed shall investigate the matters referred to them and present to the President a report setting out the facts as found by them and making such recommendations as they think proper.(3) The President shall cause a copy of the report so presented, together with a memorandum explaining the action taken thereon to be laid before Parliament.\u201dDraft Article 301 (Article 340) was debated in the Constituent Assembly on 16th June 1949. It gave the President the power to appoint a Commission to investigate the conditions of the backward classes.One member proposed an amendment to put the onus to take action on Parliament rather than the President. This received some support from another member, who contended that it was the duty of Parliament to \u2018consider ways and means of removing backwardness of the people\u2019.A member expressed concerns that the term \u2018backward classes\u2019 was not clearly defined. He suggested that the Commission should set out the communities who came under this term. Further, proposed that the Draft Article should not be limited only those communities who enjoyed constitutional reservations.All the amendments were negatived, except for a minor one proposed by the Chairman of the Drafting Committee. The amended Draft Article was adoptedby the House on 16th June 1949.", "qas": []}]}, {"title": "Article 113 Procedure in Parliament with respect to estimates..txt", "paragraphs": [{"context": "Article 113 Procedure 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 shall be construed as preventing the discussion in either House of Parliament of any of those estimates.(2) So much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the House of the People, and the House of the People shall have power to assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount specified therein.(3) No demand for a grant shall be made except on the recommendation of the President.Debate SummaryArticle 93, Draft Constitution, 1948(1) So much of the estimates as relates to expenditure charged upon the revenues of India shall not be submitted to the vote of Parliament, but nothing in this clause shall be construed as preventing the discussion in either House of Parliament of any of these estimates.(2) So much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the House of the People and the House of the People shall have power to assent, or to refuse to assent to any demand, or to assent to any demand subject to a reduction of the amount specified therein.(3) No demand for a grant shall be made except on the recommendation of the President.Draft Article 93 (Article 113, Constitution of India, 1950 was debated on 10th June 1949. It regulated the procedure for estimates.The Chairman of the Drafting Committee moved an amendment to rename \u2018revenues of India\u2019 to \u2018Consolidated Fund of India\u2019.There was a proposal to provide for the Parliament, in clause 1, to determine whether an expenditure could be charged to the revenues of India. The mover of the amendment argued that the Parliament must have \u2018supremacy\u2019 over financial matters. He found the 'grouping of the public expenditure' in the Consolidated Fund of India \u2018objectionable\u2019 as it was kept outside the purview of the Parliamentary decision making.The Assembly accepted the amendment brought by the Drafting Committee and adopted the Article on 10th June 1949.", "qas": []}]}, {"title": "Article 243T Reservation of seats..txt", "paragraphs": [{"context": "Article 243T Reservation of seats.(1) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every Municipality and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Municipality as the population of the Scheduled Castes in the Municipal area or of the Scheduled Tribes in the Municipal area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Municipality.(2) Not less than one-third of the total number of seats reserved under clause (1) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.(3) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Municipality shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Municipality.(4) The offices of Chairpersons in the Municipalities shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the Legislature of a State may, by law, provide.(5) The reservation of seats under clauses (1) and (2) and the reservation of offices of Chairpersons (other than the reservation for women) under clause (4) shall cease to have effect on the expiration of the period specified in article 334.(6) Nothing in this Part shall prevent the Legislature of a State from making any provision for reservation of seats in any Municipality or offices of Chairpersons in the Municipalities in favour of backward class of citizens.", "qas": []}]}, {"title": "Article 26 Freedom to manage religious affairs..txt", "paragraphs": [{"context": "Article 26 Freedom to manage religious affairs.Subject to public order, morality and health, every religious denomination or any section thereof shall have the right\u2014(a) to establish and maintain institutions for religious and charitable purposes;(b) to manage its own affairs in matters of religion;(c) to own and acquire movable and immovable property; and(d) to administer such property in accordance with law.Debate SummaryDraft Constitution of India, 1948Every religious denomination or any section thereof shall have the right-(a) To establish and maintain institutions for religious and charitable purposes;(b) To manage its own affairs in matters of religion;(c) To own and acquire movable and immovable property; and(d) To administer such property in accordance with law.Draft Article 20 was debated in the Constituent Assembly on 7th December 1948. It gave religious denominations and sections the freedom over their affairs, institutions and property.The debate was relatively short, only two members of the Assembly made substantive interventions. The presence of \u2018charitable\u2019 seemed to irk one member. It was argued that the idea of a religious denomination or section, maintaining a charitable institution to benefit its own members, deny the benefit to others was violative of fraternity and single nationality. Would a Christian hospital deny medical treatment to members of other religions?Another member, who viewed the Article as privileging minorities, said that there was no minority in India, and preferred that everyone, and all communities, be given equal rights, status and obligations.It seemed like the majority of the Assembly did not engage with the arguments made above and were convinced of the Article\u2019s utility.The Article was adopted the Constitution with one amendment: the rights mentioned in the provision were made subject to \u2018public order, morality and health\u2019", "qas": []}]}, {"title": "Article 371D Special provisions with respect to the State of Andhra Pradesh..txt", "paragraphs": [{"context": "Article 371D Special provisions with respect to the State of Andhra Pradesh.(1) The President may by order made with respect to the State of Andhra Pradesh provide, having regard to the requirements of the State as a whole, for equitable opportunities and facilities for the people belonging to different parts of the State, in the matter of public employment and in the matter of education, and different provisions may be made for various parts of the State.(2) An order made under clause (1) may, in particular, \u2014(a) require the State Government to organise any class or classes of posts in a civil service of, or any class or classes of civil posts under, the State into different local cadres for different parts of the State and allot in accordance with such principles and procedure as may be specified in the order the persons holding such posts to the local cadres so organised;(b) specify any part or parts of the State which shall be regarded as the local area \u2014(i) for direct recruitment to posts in any local cadre (whether organised in pursuance of an order under this article or constituted otherwise) under the State Government;(ii) for direct recruitment to posts in any cadre under any local authority within the State; and(iii) for the purposes of admission to any University within the State or to any other educational institution which is subject to the control of the State Government;(c) specify the extent to which, the manner in which and the conditions subject to which, preference or reservation shall be given or made \u2014(i) in the matter of direct recruitment to posts in any such cadre referred to in sub-clause (b) as may be specified in this behalf in the order;(ii) in the matter of admission to any such University or other educational institution referred to in sub-clause (b) as may be specified in this behalf in the order,to or in favour of candidates who have resided or studied for any period specified in the order in the local area in respect of such cadre, University or other educational institution, as the case may be.(3) The President may, by order, provide for the constitution of an Administrative Tribunal for the State of Andhra Pradesh to exercise such jurisdiction, powers and authority [including any jurisdiction, power and authority which immediately before the commencement of the Constitution (Thirty-second Amendment) Act, 1973, was exercisable by any court (other than the Supreme Court) or by any tribunal or other authority] as may be specified in the order with respect to the following matters, namely: \u2014(a) appointment, allotment or promotion to such class or classes of posts in any civil service of the State, or to such class or classes of civil posts under the State, or to such class or classes of posts under the control of any local authority within the State, as may be specified in the order;(b) seniority of persons appointed, allotted or promoted to such class or classes of posts in any civil service of the State, or to such class or classes of civil posts under the State, or to such class or classes of posts under the control of any local authority within the State, as may be specified in the order;(c) such other conditions of service of persons appointed, allotted or promoted to such class or classes of posts in any civil service of the State or to such class or classes of civil posts under the State or to such class or classes of posts under the control of any local authority within the State, as may be specified in the order.(4) An order made under clause (3) may \u2014(a) authorise the Administrative Tribunal to receive representations for the redress of grievances relating to any matter within its jurisdiction as the President may specify in the order and to make such orders thereon as the Administrative Tribunal deems fit;(b) contain such provisions with respect to the powers and authorities and procedure of the Administrative Tribunal (including provisions with respect to the powers of the Administrative Tribunal to punish for contempt of itself) as the President may deem necessary;(c) provide for the transfer to the Administrative Tribunal of such classes of proceedings, being proceedings relating to matters within its jurisdiction and pending before any court (other than the Supreme Court) or tribunal or other authority immediately before the commencement of such order, as may be specified in the order;(d) contain such supplemental, incidental and consequential provisions (including provisions as to fees and as to limitation, evidence or for the application of any law for the time being in force subject to any exceptions or modifications) as the President may deem necessary.(5) The Order of the Administrative Tribunal finally disposing of any case shall become effective upon its confirmation by the State Government or on the expiry of three months from the date on which the order is made, whichever is earlier: Provided that the State Government may, by special order made in writing and for reasons to be specifiedtherein, modify or annul any order of the Administrative Tribunal before it becomes effective and in such a case, the order of the Administrative Tribunal shall have effect only in such modified form or be of no effect, as the case may be.(6) Every special order made by the State Government under the proviso to clause (5) shall be laid, as soon as may be after it is made, before both Houses of the State Legislature.(7) The High Court for the State shall not have any powers of superintendence over the Administrative Tribunal and no court (other than the Supreme Court) or tribunal shall exercise any jurisdiction, power or authority in respect of any matter subject to the jurisdiction, power or authority of, or in relation to, the Administrative Tribunal.(8) If the President is satisfied that the continued existence of the Administrative Tribunal is not necessary, the President may by order abolish the Administrative Tribunal and make such provisions in such order as he may deem fit for the transfer and disposal of cases pending before the Tribunal immediately before such abolition.(9) Notwithstanding any judgment, decree or order of any court, tribunal or other authority, \u2014(a) no appointment, posting, promotion or transfer of any person \u2014(i) made before the 1st day of November, 1956, to any post under the Government of, or any local authority within, the State of Hyderabad as it existed before that date; or(ii) made before the commencement of the Constitution (Thirty-second Amendment) Act, 1973, to any post under the Government of, or any local or other authority within, the State of Andhra Pradesh; and(b) no action taken or thing done by or before any person referred to in sub-clause (a),shall be deemed to be illegal or void or ever to have become illegal or void merely on the ground that the appointment, posting, promotion or transfer of such person was not made in accordance with any law, then in force, providing for any requirement as to residence within the State of Hyderabad or, as the case may be, within any part of the State of Andhra Pradesh, in respect of such appointment, posting, promotion or transfer.(10) The provisions of this article and of any order made by the President thereunder shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force.", "qas": []}]}, {"title": "Article 187 Secretariat of State Legislature..txt", "paragraphs": [{"context": "Article 187 Secretariat of State Legislature.(1) The House or each House of the Legislature of a State shall have a separate secretarial staff: Provided that nothing in this clause shall, in the case of the Legislature of a State having a Legislative Council, be construed as preventing the creation of posts common to both Houses of such Legislature.(2) The Legislature of a State may by law regulate the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the House or Houses of the Legislature of the State.(3) Until provision is made by the Legislature of the State under clause (2), the Governor may, after consultation with the Speaker of the Legislative Assembly or the Chairman of the Legislative Council, as the case may be, make rules regulating the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the Assembly or the Council, and any rules so made shall have effect subject to the provisions of any law made under the said clause.", "qas": []}]}, {"title": "Article 133 Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters.txt", "paragraphs": [{"context": "Article 133 Appellate 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 under article 134A\u2014(a) that the case involves a substantial question of law of general importance; and(b) that in the opinion of the High Court the said question needs to be decided by the Supreme Court.(2) Notwithstanding anything in article 132, any party appealing to the Supreme Court under clause (1) may urge as one of the grounds in such appeal that a substantial question of law as to the interpretation of this Constitution has been wrongly decided.(3) Notwithstanding anything in this article, no appeal shall, unless Parliament by law otherwise provides, lie to the Supreme Court from the judgment, decree or final order of one Judge of a High Court.Debate SummaryArticle 111, Draft Constitution(1) An appeal shall lie to the Supreme Court from a judgment, decree or final order in a civil proceeding of a High Court in the territory of India except the States for the time being specified in Part III of the First Schedule, if the High Court certifies-(a) That the amount or value of the subject-matter of the dispute in the court of first instance and still in dispute on appeal was and is not less than twenty thousand rupees; or(b) That the judgment, decree or final order involves directly or indirectly some claim or question respecting property of the like amount or value; or(c) That the case is a fit one for appeal to the Supreme Court; and, where the judgment, decree or final order appealed from affirms the decision of the court immediately below, in any case other than one referred to in clause (c), if the High Court further certifies that the appeal involves some substantial question of law.(2) Notwithstanding anything contained in article 110 of this Constitution, any party appealing to the Supreme Court under clause (1) of this article may urge as one of the grounds in such appeal that the case involves a substantial question of law as to the interpretation of this Constitution which has been wrongly decided.Draft Article 110 (Article 132, Constitution of India, 1950) was debated on 3rd June 1949, 6th June 1949 and 16th October 1949. It conferred appellate jurisdiction to the Supreme Court on civil matters pertaining to substantial questions of law.A member moved an amendment to insert \u2018such amount as may be fixed by law by Parliament\u2019 in clause 1 (a). He argued that the pecuniary jurisdiction of the Supreme Court must not be rigid and restricted to 20,000 \u2013 the future Parliament must have the option of increasing it at appropriate times.The Draft Article provided a general right to appeal to the Supreme Court in civil matters. There was a proposal to allow the Parliament to subject this right to qualifications. The member argued that the generality of this right would significantly increase the workload of the Supreme Court. The Parliament should have the power to regulate civil jurisdiction of the court through future legislations. A member of the Drafting Committee supported this amendment. As per the Draft Article, he believed that, if conditions of appeal had to be spelt out, it would be through a constitutional amendment. This would be undesirable \u2013 \u2018It ought to be an elastic provision\u2019. However, the Chairman of the Drafting Committee was not in favour of this proposal. He believed that this would reduce the power of the Supreme Court and would enable the Parliament to make drastic laws including one that may take away all civil appellate powers.Another member lamented the specificity of the provision. He pointed out that the Constitution must not be burdened with \u2018technicalities\u2019 \u2013 the future parliament must be entrusted with explaining and qualifying the jurisdiction of the Supreme Court.The Assembly accepted a few amendments moved by the Drafting Committee \u2013 others were negatived. The Draft Article was adopted on 6th June 1949. The Draft Article was reopened on 16th October 1949 and the Drafting Committee moved a few amendments to simplify the provision.", "qas": []}]}, {"title": "Article 57 Eligibility for re-election..txt", "paragraphs": [{"context": "Article 57 Eligibility for re-election.A 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.Debate SummaryArticle 46, Draft Constitution, 1948A person who holds, or who has held, office as President shall be eligible for re-election to that office once, but only once.Draft Article 46(Article 57, Constitution of India, 1950)allowed for the re-election of the President. The Article was debated on 13 December 1948.The Draft Article in its priorform had restricted the re-election of a President: A person could serve as the President of India only for one term.Amember moved an amendment to remove this restriction. He noted that \u2018a capable and efficient man\u2019 should be allowed to deliver his services to the country as long as he is able to.There was another proposal to ensure that a President who hadbeen impeached from office should bebarred from being re-elected. The mover of this proposal invoked foreign experiences of how a President who was impeached on charges of corruption and other \u2018nefarious\u2019 grounds was re-elected. He added: \u2018considering that public memory is so short and even party memory is short\u2019, the chances of a previously impeached President being nominated for re-election is likely. The Chairman of the Drafting Committee believed that this issue could be considered during the discussion on the qualifications of the President. The amendment was withdrawn.The Assembly voted in favour of removing the one-time restriction for re-election. It adopted the Draft Article with the amendment.", "qas": []}]}, {"title": "Article 220 Restriction on practice after being a permanent Judge..txt", "paragraphs": [{"context": "Article 220 Restriction on practice after being a permanent Judge.No person who, after the commencement of this Constitution, has held office as a permanent Judge of a High Court shall plead or act in any court or before any authority in India except the Supreme Court and the other High Courts.Explanation \u2014 In this article, the expression \u201cHigh Court\u201d does not include a High Court for a State specified in Part B of the First Schedule as it existed before the commencementof the Constitution (Seventh Amendment) Act, 1956.", "qas": []}]}, {"title": "Article 239AB Provision in case of failure of constitutional machinery..txt", "paragraphs": [{"context": "Article 239AB Provision in case of failure of constitutional machinery.If the President, on receipt of a report from the Lieutenant Governor or otherwise, is satisfied \u2014(a) that a situation has arisen in which the administration of the National Capital Territory cannot be carried on in accordance with the provisions of article 239AA or of any law made in pursuance of that article; or(b) that for the proper administration of the National Capital Territory it is necessary or expedient so to do,the President may by order suspend the operation of any provision of article 239AA or of all or any of theprovisions of any law made in pursuance of that article for such period and subject to such conditions as may be specified in such law and make such incidental and consequential provisions as may appear to him to be necessary or expedient for administering the National Capital Territory in accordance with the provisions of article 239 and article 239AA.", "qas": []}]}, {"title": "Article 243K Elections to the Panchayats..txt", "paragraphs": [{"context": "Article 243K Elections to the Panchayats.(1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats shall be vested ina State Election Commission consisting of a State Election Commissioner to be appointed by the Governor.(2) Subject to the provisions of any law made by the Legislature of a State, the conditions of service and tenure of office of the State Election Commissioner shall be such as the Governor may by rule determine: Provided that the State Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of a High Court and the conditions of service of the State Election Commissioner shall not be varied to his disadvantage after his appointment.(3) The Governor of a State shall, when so requested by the State Election Commission, make available to the State Election Commission such staff as may be necessary for the discharge of the functions conferred on the State Election Commission by clause (1).(4) Subject to the provisions of this Constitution, the Legislature of a State may, by law, make provision with respect to all matters relating to, or in connection with, elections to the Panchayats.", "qas": []}]}, {"title": "Part A Provisions As To The President And The Governors Of States.txt", "paragraphs": [{"context": "Part A Provisions As To The President And The Governors Of States1. There shall be paid to the President and to the Governors of the States the following emoluments per mensem, that is to say:\u2014The President            ..      10,000 rupees.The Governor of a State    ..       5,500 rupees.2. There shall also be paid to the President and to the Governors of the States such allowances as were payable respectively to the GovernorGeneral of the Dominion of India and to the Governors of the corresponding Provinces immediately before the commencement of this Constitution.3. The President and the Governors of the Statesthroughout their respective terms of office shall be entitled to the same privileges to which the Governor-General and the Governors of the corresponding Provinces were respectively entitled immediately before the commencement of this Constitution.4. While the Vice-President or any other person is discharging the functions of, or is acting as, President, or any person is discharging the functions of the Governor, he shall be entitled to the same emoluments, allowances and privileges as the President or the Governor whose functions he discharges or for whom he acts, as the case may be.", "qas": []}]}, {"title": "Article 371A Special provision with respect to the State of Nagaland..txt", "paragraphs": [{"context": "Article 371A Special provision with respect to the State of Nagaland.(1) Notwithstanding anything in this Constitution, \u2014(a) no Act of Parliament in respect of \u2014(i) religious or social practices of the Nagas,(ii) Naga customary law and procedure,(iii) administration of civil and criminal justice involving decisions according to Naga customary law,(iv) ownership and transfer of land and its resources, shall apply to the State of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides;(b) the Governor of Nagaland shall have special responsibility with respect to law and order in theState of Nagaland for so long as in his opinion internal disturbances occurring in the Naga Hills-Tuensang Area immediately before the formation of that State continue therein or in any part thereof and in the discharge of his functions in relation thereto the Governor shall, after consulting the Council of Ministers, exercise his individual judgment as to the action to be taken: Provided that if any question arises whether any matter is or is not a matter as respects which the Governor is under this sub-clause required to act in the exercise of his individual judgment, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in the exercise of his individual judgment: Provided further that if the President on receipt of a report from the Governor or otherwise is satisfied that it is no longer necessary for the Governor to have special responsibility with respect to law and order in the State of Nagaland, he may by order direct that the Governor shall cease to have such responsibility with effect from such date as may be specified in the order;(c) in making his recommendation with respect to any demand for a grant, the Governor of Nagaland shall ensure that any money provided by the Government of India out of the Consolidated Fund of India for any specific service or purpose is included in the demand for a grant relating to that service or purpose and not in any other demand;(d) as from such date as the Governor of Nagaland may by public notification in this behalf specify, there shall be established a regional council for the Tuensang district consisting of thirty-five members and the Governor shall in his discretion make rules providing for\u2014(i) the composition of the regional council and the manner in which the members of the regional council shall be chosen: Provided that the Deputy Commissioner of the Tuensang district shall be the Chairman ex officio of the regional council and the Vice-Chairman of the regional council shall be elected by the members thereof from amongst themselves;(ii) the qualifications for being chosen as, and for being, members of the regional council;(iii) the term of office of, and the salaries and allowances, if any, to be paid to members of, the regional council;(iv) the procedure and conduct of business of the regional council;(v) the appointment of officers and staff of the regional council and their conditions of services; and(vi) any other matter in respect of which it is necessary to make rules for the constitution and proper functioning of the regional council.(2) Notwithstanding anything in this Constitution, for a period of ten years from the date of the formation of the State of Nagaland or for such further period as the Governor may, on the recommendation of the regional council, by public notification specify in this behalf, \u2014(a) the administration of the Tuensang district shall be carried on by the Governor;(b) where any money is provided by the Government of India to the Government of Nagaland to meet the requirements of the State of Nagaland as a whole, the Governor shall in his discretion arrange for an equitable allocation of that money between the Tuensang district and the rest of the State;(c) no Act of the Legislature of Nagaland shall apply to Tuensang district unless the Governor, on the recommendation of the regional council, by public notification so directs and the Governor in giving such direction with respect to any such Act may direct that the Act shall in its application to the Tuensang district or any part thereof have effect subject to such exceptions or modifications as the Governor may specify on the recommendation of the regional council: Provided that any direction given under this sub-clause may be given so as to have retrospective effect;(d) the Governor may make regulations for the peace, progress and good Government of the Tuensang district and any regulations so made may repeal or amend with retrospective effect, if necessary, any Act of Parliament or any other law which is for the time being applicable to that district;(e)(i) one of the members representing the Tuensang district in the Legislative Assembly of Nagaland shall be appointed Minister for Tuensang affairs by the Governor on the advice of the Chief Minister and the Chief Minister in tendering his advice shall act on the recommendation of the majority of the members as aforesaid;(ii) the Minister for Tuensang affairs shall deal with, and have direct access to the Governor on, all matters relating to the Tuensang district but he shall keep the Chief Minister informed about the same;(f) notwithstanding anything in the foregoing provisions of this clause, the final decision on all matters relating to the Tuensang district shall be made by the Governor in his discretion;(g) in articles 54 and 55 and clause (4) of article 80, references to the elected members of the Legislative Assembly of a State or to each such member shall include references to the members or member of the Legislative Assembly of Nagaland elected by the regional council established under this article;(h) in article 170 \u2014(i) clause (1) shall, in relation to the Legislative Assembly of Nagaland, have effect as if for the word \u201csixty\u201d, the word \u201cforty-six\u201d had been substituted;(ii) in the said clause, the reference to direct election from territorial constituencies in the State shall include election by the members of the regional council established under this article;(iii) in clauses (2) and (3), references to territorial constituencies shall mean references to territorial constituencies in the Kohima and Mokokchung districts.(3) If any difficulty arises in giving effect to any of the foregoing provisions of this article, the President may by order do anything (including any adaptation or modification of any other article) which appears to him to be necessary for the purpose of removing that difficulty: Provided that no such order shall be made after the expiration of three years from the date of the formation of the State of Nagaland. Explanation. \u2014 In this article, the Kohima, Mokokchung and Tuensang districts shall have the same meanings as in the State of Nagaland Act, 1962.", "qas": []}]}, {"title": "Article 157 Qualifications for appointment as Governor..txt", "paragraphs": [{"context": "Article 157 Qualifications for appointment as Governor.No person shall be eligible for appointment as Governor unless he is a citizen of India and has completed the age of thirty-five years.Debate SummaryArticle 134, Draft Constitution, 1948(1) No person shall be eligible for election as Governor unless he is a citizen of India and has completed the age of thirty-five years.(2) A person shall not be eligible for election as a Governor of a State-(a) If he is disqualified for being chosen as a member of the Legislative Assembly of the State:Provided that it shall not be necessary for any such person to be a resident of the State; or(b) If he holds any office or position of emolument under the Government of India or the Government of any State for the time being specified in the First Schedule, or under any local or other authority subject to the control of any of the said GovernmentsExplanation.-For the purposes of this clause a person shall not be deemed to hold any office or position of emolument by reason only that-Alternatively(1) No person shall be eligible for appointment as Governor unless he is a citizen of India and has completed the age of thirty-five years.(2) A person shall not be eligible for appointment as Governor of a State if he is disqualified for being chosen as a member of the Legislative Assembly of the State:Provided that it shall not be necessary for any such person to be a resident of the State.Draft Article 134 (Article 157) was debated on 31st May 1949. It contained two options relating to the eligibility criteria for the position of Governor.The debates in the Assembly were confined to the second alternative.The Chairman of the Drafting Committee moved to wholly replace the Draft Article with the following:'Qualification for appointment as Governor-\"No person shall be eligible for appointment as Governor unless he is a citizen of India and has completed the age of thirty-five years.'The amendment was accepted without debate. The amended Draft Article was adopted on 31st May 1949.", "qas": []}]}, {"title": "Article 394 Commencement..txt", "paragraphs": [{"context": "Article 394 Commencement.This article and articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 shall come into force at once, and the remaining provisions of this Constitution shall come into force on the twenty-sixth day of January, 1950, which day is referred to in this Constitution as the commencement of this Constitution.", "qas": []}]}, {"title": "Article 243V Disqualifications for membership..txt", "paragraphs": [{"context": "Article 243V Disqualifications for membership.(1) A person shall be disqualified for being chosen as, and for being, a member of a Municipality \u2014(a) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State concerned: Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years;(b) if he is so disqualified by or under any law made by the Legislature of the State.(2) If any question arises as to whether a member of a Municipality has become subject to any of the disqualifications mentioned in clause (1), the question shall be referred for the decision of such authority and in such manner as the Legislature of a State may, by law, provide.", "qas": []}]}, {"title": "Article 122 Courts not to inquire into proceedings of Parliament..txt", "paragraphs": [{"context": "Article 122 Courts 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 in whom powers are vested by or under this Constitution for regulating procedure or the conduct of business, or for maintaining order, in Parliament shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers.Debate SummaryArticle 101, Draft Constitution, 1948(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 other member of Parliament in whom powers are vested by or under this Constitution for regulating procedure or the conduct of business, or for maintaining order, in Parliament shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers.Draft Article 101 (Article 122, Constitution of India, 1950) was debated on 23rd May 1949. It barred any courtfrom inquiring into parliamentary proceedings.The proposals around this Draft Article revolved around language changes and suggestions to avoidfuture conflicting interpretations.One member soughtto add 'in any court' in clause (1). This would make it obvious that theprovision prohibited 'any court' from inquiring into parliamentary proceedings. The Chairman of the Drafting Committee responded that this amendment was redundant, as the courts of India were the only appropriate forum in which such an inquiry could take place.Another member proposed that the phrase \u2018or other member\u2019 in clause (2) be replaced by \u2018or no member\u2019. He claimed that the former was misleading as it implied that an officer was also a member of Parliament. In response, a member contended that the Speaker and Deputy Speaker were both members and officers, and hence the use of the phrase \u2018or other member\u2019 was accurate. This argument was further supported by the Chairman of the Drafting Committee.The proposed amendments were negatived, and the Draft Article was accepted by the Assembly. It was adopted on 23rd May 1949.", "qas": []}]}, {"title": "Article 178 The Speaker and Deputy Speaker of the Legislative Assembly..txt", "paragraphs": [{"context": "Article 178 The Speaker and Deputy Speaker of the Legislative Assembly.Every Legislative Assembly of a State shall, as soon as may be, choose two members of the Assembly to be respectively Speaker and Deputy Speaker thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall choose another member to be Speaker or Deputy Speaker, as the case may be.", "qas": []}]}, {"title": "Article 350A Facilities for instruction in mother-tongue at primary stage..txt", "paragraphs": [{"context": "Article 350A Facilities for instruction in mother-tongue at primary stage.It shall be the endeavour of every State and of every local authority within the State to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups; and the President may issue such directions to any State as he considers necessary or proper for securing the provision of such facilities.", "qas": []}]}, {"title": "Article 261 Public acts, records and judicial proceedings..txt", "paragraphs": [{"context": "Article 261 Public acts, records and judicial proceedings.(1) 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.(2) The manner in which and the conditions under which the acts, records and proceedings referred to in clause (1) shall be proved and the effect thereof determined shall be as provided by law made by Parliament.(3) Final judgments or orders delivered or passed by civil courts in any part of the territory of India shall be capable of execution anywhere within that territory according to law.", "qas": []}]}, {"title": "Article 17 Abolition of Untouchability.txt", "paragraphs": [{"context": "Article 17 Abolition of Untouchability\u201cUntouchability\u201d is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of \u201cUntouchability\u201d shall be an offence punishable in accordance with law.Debate SummaryArticle 17 of the Constitution of India (Article 11 of the Draft Constitution) was debated in the Constituent Assembly on the 29thNovember 1949. TheAssembly was broadly in agreement over the inclusion of the Article in the Constitution.However, some members wanted more clarity on the term - \u2018Untouchability'. They wanted to know if practices such as the barring of contact with menstruating women and the quarantine of individuals with diseases would also come under the ambit of \u2018untouchability\u2019. Others wanted to know if the term only referred to the caste-based social practice.", "qas": []}]}, {"title": "Article 353 Effect of Proclamation of Emergency..txt", "paragraphs": [{"context": "Article 353 Effect of Proclamation of Emergency.While a Proclamation of Emergency is in operation, then \u2014(a) notwithstanding anything in this Constitution, the executive power of the Union shall extend to the giving of directions to any State as to the manner in which the executive power thereof is to be exercised;(b) the power of Parliament to make laws with respect to any matter shall include power to make laws conferring powers and imposing duties, or authorising the conferring of powers and the imposition of duties, upon the Union or officers and authorities of the Union as respects that matter, notwithstanding that it is one which is not enumerated in the Union List: Provided that where a Proclamation of Emergency is in operation only in any part of the territory of India, \u2014(i) the executive power of the Union to give directions under clause (a), and(ii) the power of Parliament to make laws under clause (b),shall also extend to any State other than a State in which or in any part of which the Proclamation of Emergency is in operation if and in so far as the security of India or any part of the territory thereof is threatened by activities in or in relation to the part of the territory of India in which the Proclamation of Emergency is in operation.", "qas": []}]}, {"title": "Article 120 Language to be used in Parliament..txt", "paragraphs": [{"context": "Article 120 Language 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 the Chairman of the Council of States or Speaker of the House of the People, or person acting as such, as the case may be, may permit any member who cannot adequately express himself in Hindi or in English to address the House in his mother-tongue.(2) Unless Parliament by law otherwise provides, this article shall, after the expiration of a period of fifteen years from the commencement of this Constitution, have effect as if the words \"or in English\" were omitted therefrom.Debate SummaryArticle 99, Draft Constitution, 1948(1) In Parliament business shall be transacted in Hindi or English:Provided that the Chairman of the Council of States or the Speaker of the House of the People, as the case may be, may permit any member who cannot adequately express himself in either language to address the House in his mother tongue.(2) The Chairman of the Council of States or the Speaker of the House of the People may, whenever he thinks fit, make arrangements for making available in the Council of States or the House of the People, as the case may be, a summary in Hindi or English of the speech delivered by a member in any other language and such summary shall be included in the record of the proceedings of the House in which the speech has been delivered.Draft Article 99 (Article 120) was debated on 17th September 1949. It prescribed Hindi and English as thelanguages to be used inthe Parliament, with exceptions for members who could not express themselves adequately in either language.The Chairman of the Drafting Committee moved an Amendment to wholly replace the Draft Article with the following:\u2018Language to be used in Parliament.99. (1) Notwithstanding anything contained in Part XIV A of this constitution but subject to the provisions of article 301F thereof, business in Parliament shall be transacted in Hindi or in English.Provided that the Chairman of the Council of States or Speaker of the House of the People or person acting as such, as the case may be, may permit any member, who cannot adequately express himself in either of the languages aforesaid to address the House in his mother-tongue.(2) Unless Parliament by law otherwise provides, this article shall, after the expiration of a period of fifteen years from the commencement of this Constitution, have effect as if the words \u2018or in English' were omitted therefrom.\u2019The debates in the Assembly were based on this Amendment.A member proposed that clause (1) be amended to include Bengali or any other regional language as an alternative to Hindi and English. He argued that members of Parliament might be prohibited from speaking in their mother tongue since the proviso to clause (1) gave the Speaker of the House the discretion to permit the use of regional languages. The member later withdrew his amendment from consideration.The Assembly accepted the Drafting Committee\u2019s amendment and adopted the Draft Article on 17th September 1949.", "qas": []}]}, {"title": "Article 374 Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council..txt", "paragraphs": [{"context": "Article 374 Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council.(1) The Judges of the Federal Court holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the Judges of the Supreme Court and shall thereupon be entitled to such salaries and allowances and to such rights in respect of leave of absence and pension as are provided for under article 125 in respect of the Judges of the Supreme Court.(2) All suits, appeals and proceedings, civil or criminal, pending in the Federal Court at the commencement of this Constitution shall stand removed to the Supreme Court, and the Supreme Court shall have jurisdiction to hear and determine the same, and the judgments and orders of the Federal Court delivered or made before the commencement of this Constitution shall have the same force and effect as if they had been delivered or made by the Supreme Court.(3) Nothing in this Constitution shall operate to invalidate the exercise of jurisdiction by His Majesty in Council to dispose of appeals and petitions from, or in respect of, any judgment, decree or order of any court within the territory of India in so far as the exercise of such jurisdiction is authorised by law, and any order of His Majesty in Council made on any such appeal or petition after the commencement of this Constitution shall for all purposes have effect as if it were an order or decree made by the Supreme Court in the exercise of the jurisdiction conferred on such Court by this Constitution.(4) On and from the commencement of this Constitution the jurisdiction of the authority functioning as the Privy Council in a State specified in Part B of theFirst Schedule to entertain and dispose of appeals and petitions from or in respect of any judgment, decree or order of any court within that State shall cease, and all appeals and other proceedings pending before the said authority at such commencement shall be transferred to, and disposed of by, the Supreme Court.(5) Further provision may be made by Parliament by law to give effect to the provisions of this article.", "qas": []}]}, {"title": "Article 209 Regulation by law of procedure in the Legislature of the State in relation to financial business..txt", "paragraphs": [{"context": "Article 209 Regulation by law of procedure in the Legislature of the State in relation to financial business.The Legislature of a State may, for the purpose of the timely completion of financial business, regulate by law the procedure of, and the conduct of business in, the House or Houses of the Legislature of the State in relation to any financial matter or to any Bill for the appropriation of moneys out of the Consolidated Fund of the State, and, if and so far as any provision of any law so made is inconsistent with any rule made by the House or either House of the Legislature of the State under clause (1) of article 208 or with any rule or standing order having effect in relation to the Legislature of the State under clause (2) of that article, such provision shall prevail.", "qas": []}]}, {"title": "Article 52 The President of India..txt", "paragraphs": [{"context": "Article 52 The President of India.There shall be a President of India.Debate SummaryArticle 41, Draft Constitution, 1948There shall be a President of India.Draft Article 41, the opening provision of Part V \u2013 The Union, was discussed in the Constituent Assembly on 10 December 1948. It simply stated that India shall have President.There was a proposal to include a description of the President as \u2018Chief Executive and Head of State\u2019 in the Article. Members who supported this proposal argued that it would raise the President\u2019s status and signal that people\u2019s sovereignty was vested in him/her. However, other members said thatthe proposal was inappropriate as it suggested a presidential system of government althoughthe Draft Constitution had adopted a parliamentary one.Another member wanted to know why the term \u2018Rashtrapati\u2019, which was present in prior versions of the Draft Article, was dropped and if this was an outcome of a negative attitude towards Hindi. It was clarified that the term was dropped as a Hindi version of the Draft Constitution was going to be prepared and \u2018Rashtrapati\u2019 could be used there.At the end of the debate, the Assembly adopted the Draft Article without amendment.", "qas": []}]}, {"title": "Article 269 Taxes levied and collected by the Union but assigned to the States..txt", "paragraphs": [{"context": "Article 269 Taxes levied and collected by the Union but assigned to the States.(1) Taxes on the sale or purchase of goods and taxes on the consignment of goods shall be levied and collected by the Government of India but shall be assigned and shall be deemed to have been assigned to the States on or after the 1st day of April, 1996 in the manner provided in clause (2).Explanation. \u2014 For the purposes of this clause, \u2014(a) the expression \u201ctaxes on the sale or purchase of goods\u201d shall mean taxes on sale or purchase of goods other than newspapers, where such sale or purchase takes place in the course of inter-State trade or commerce;(b) the expression \u201ctaxes on the consignment of goods\u201d shall mean taxes on the consignment of goods (whether the consignment is to the person making it or to any other person), where such consignment takes place in the course of inter-State trade or commerce.(2) The net proceeds in any financial year of any such tax, except in so far as those proceeds represent proceeds attributable to Union territories, shall not form part of the Consolidated Fund of India, but shall be assigned to the States within which that tax is leviable in that year, and shall be distributed among those States in accordance with such principles of distribution as may be formulated by Parliament by law.(3) Parliament may by law formulate principles for determining when a sale or purchase of, or consignment of, goods] takes place in the course of inter-State trade or commerce.", "qas": []}]}, {"title": "Article 316 Appointment and term of office of members..txt", "paragraphs": [{"context": "Article 316 Appointment and term of office of members.(1) The Chairman and other members of a Public Service Commission shall be appointed, in the case of the Union Commission or a Joint Commission, by the President, and in the case of a State Commission, by the Governor of the State:  Provided that as nearly as may be one-half of the members of every Public Service Commission shall be persons who at the dates of their respective appointments have held office for at least ten years either under the Government of India or under the Government of a State, and in computing the said period of ten years any period before the commencement of this Constitution during which a person has held office under the Crown in India or under the Government of an Indian State shall be included.(1A) If the office of the Chairman of the Commission becomes vacant or if any such Chairman is by reason of absence or for any other reason unable to perform the duties of his office, those duties shall, until some person appointed under clause (1) to the vacant office has entered on the duties thereof or, as the case may be, until the Chairman has resumed his duties, be performed by such one of the other members of the Commission as the President, in the case of the Union Commission or a Joint Commission, and the Governor of the State in the case of a State Commission, may appoint for the purpose.(2) A member of a Public Service Commission shall hold office for a term of six years from the date on which he enters upon his office or until he attains, in the case of the Union Commission, the age of sixty-five years, and in the case of a State Commission or a Joint Commission, the age of sixty-two years, whichever is earlier: Provided that \u2014(a) a member of a Public Service Commission may, by writing under his hand addressed, in the case of the Union Commission or a Joint Commission, to the President, and in the case of a State Commission, to the Governor of the State, resign his office;(b) a member of a Public Service Commission may be removed from his office in the manner provided in clause (1) or clause (3) of article 317.(3) A person who holds office as a member of a Public Service Commission shall, on the expiration of his term of office, be ineligible for re-appointment to that office.", "qas": []}]}, {"title": "Article 55 Manner of election of President..txt", "paragraphs": [{"context": "Article 55 Manner 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 such uniformity among the States inter se as well as parity between the States as a whole and the Union, the number of votes which each elected member of Parliament and of the Legislative Assembly of each State is entitled to cast at such election shall be determined in the following manner:\u2014(a) every elected member of the Legislative Assembly of a State shall have as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of the State by the total number of the elected members of the Assembly;(b) if, after taking the said multiples of one thousand, the remainder is not less than five hundred, then the vote of each member referred to in sub-clause (a) shall be further increased by one;(c) each elected member of either House of Parliament shall have such number of votes as may be obtained by dividing the total number of votes assigned to the members of the Legislative Assemblies of the States under sub-clauses (a) and (b) by the total number of the elected members of both Houses of Parliament, fractions exceeding onehalf being counted as one and other fractions being disregarded.(3) The election of the President shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot.Explanation.\u2014In this article, the expression ''population'' means the population as ascertained at the last preceding census of which the relevant figures have been published: Provided that the reference in this Explanation to the last preceding census of which the relevant figures havebeen published shall, until the relevant figures for the first census taken after the year 1 [2026] have been published, be construed as a reference to the 1971 census.Debate SummaryArticle 44, Draft Constitution of India, 1948(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 such uniformity the number of votes which each elected member of Parliament and of the Legislature of each State is entitled to cast at such election shall be determined in the following manner :-(a) Every elected member of the Legislature of a State shall have as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of the State by the total number of elected members of the Legislature;(b) If, after taking the said multiples of one thousand, the remainder is not less than five hundred, then the vote of each member referred to in sub-clause(a) of this clause shall be further increased by one;(c) Each elected member of either House of Parliament shall have such number of votes as may be obtained by dividing the total number of votes assigned to the members of the Legislatures of the States under sub-clauses (a) and (b) of this clause by the total number of such members, fractions exceeding one-half being counted as one and other fractions being disregarded.(3) The election of the President shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot.Explanation.-In this article, the expression \"the Legislature of a State\" means, where the Legislature is bicameral, the Lower House of the Legislature, and the expression \"population\" means the population as ascertained at the last preceding census.Draft Article 44 (Article 55, Constitution of India, 1950) was debated on 13 December 1948. It laid down the procedures related to the election of the President of India.The Chairman of the Drafting Committee pointed out the in order to achieve \u2018uniformity in the scale of representation of the different States\u2019, the Draft Article adopted the proportional representation through single transferable vote approach. He noted that if each member of the electoral college was given one vote, that would not be truly representative.There was opposition to the proportional system that the Draft Article put forth. A member moved an amendment to remove the mention of proportional representation in the Draft Article. She believed that proportional representation was generally used in contexts where there was a 'multiple-member constituency' - something that was not the case for Presidential elections. Anothermember noted that proportional representation system with a single transferable vote, was historically used for elections with more than one seat - it would not be practical to adopt this system for the election of a President.In response to the general objections to the proportional representationsystem, the Chairman of the Assembly argued that there were no better alternatives. Elections through direct majority would not take into account the voices of the minority communities and parties and separate electorates was a system that the Constitution had rejected. The \u2018proportional representation\u2019 system wasthe only guarantee against majority dominance.The Constituent Assembly adopted the Draft Article on 13 December 1948 with minor amendments.", "qas": []}]}, {"title": "Article 115 Supplementary, additional or excess grants..txt", "paragraphs": [{"context": "Article 115 Supplementary, additional or excess grants.(1) The President shall \u2014(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 financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplementary or additional expenditure upon some new service not contemplated in the annual financial statement for that year, or(b) if any money has been spent on any service during a financial year in excess of the amount granted for that service and for that year,cause to be laid before both the Houses of Parliament another statement showing the estimated amount of that expenditure or cause to be presented to the House of the People a demand for such excess, as the case may be.(2) The provisions of articles 112, 113 and 114 shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorising the appropriation of moneys out of the Consolidated Fund of India to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of India to meet such expenditure or grant.Debate SummaryArticle 95, Draft Constitution, 1948If in respect of any financial year further expenditure from the revenues of India becomes necessary over and above the expenditure theretofore authorised for that year, the President shall cause to be laid before both the Houses of Parliament a supplementary statement showing the estimated amount of that expenditure, and the provisions of the preceding articles shall have effect in relation to that statement and that expenditure as they have effect in relation to the annual financial statement and the expenditure mentioned therein.Draft Article 95 (Article 115) was debated on 10th June 1949. It laid out the procedure to obtain additional, supplementary, or excess grants which were not included in the annual financial statement.The Chairman of the Drafting Committee moved an amendment to wholly replace the Draft Article with the following:'Supplementary, additional or excess grants.'95. (1) The President shall-(a) if the amount authorised by any law made in accordance with the provisions of article 94 of this Constitution to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplementary or additional expenditure upon some new service not contemplated in the annual statement for that year; or(b) if any money has been spent on any service during a financial year in excess of the amount granted for that service and for that year,cause to be laid before both the Houses of Parliament another statement showing the estimated amount of that expenditure or cause to be presented to the House of the People a demand for such excess, as the case may be.(2) The provisions of the last three preceding articles shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorising the appropriation of moneys out of the Consolidated Fund of India to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorization of Appropriation of moneys out of the Consolidated Fund of India to meet such expenditure or grant.'The debates in the Assembly were based on this Amendment.The amendment permitted the appropriation of funds for supplementary, additional, and excess grants from the Consolidated Fund of India.One member was not convinced by this Amendment, as he believed that such grants could be misused by the Executive. He instead proposed that supplementary, additional, or excess funds could only be granted by approval of both the Houses of the Parliament. The Chairman of the Drafting Committee defended this amendment: such grants were necessary for the smooth functioning of the Executive, especially during emergency circumstances.Another member argued that this Amendment was inconsistent with Draft Article 94(3) (Article 114), which stated that no money could be withdrawn from the Consolidated Fund of India except under appropriation made by law. Therefore, the withdrawal of any money from the fund under Draft Article 95 would violate both the Constitution and the relevant Appropriation Acts. The Chairman of the Drafting Committee noted that Draft Article 95 authorized the President to present estimates of expenditure before the Parliament where necessary, in situations other than those envisaged by Draft Article 94. He further proposed the creation of a Contingency Fund out of the Consolidated Fund of India. The Contingency Fund could be accessed by the executive in an emergency without having to violate the Appropriation Act.The Assembly accepted the Drafting Committee\u2019s Amendment and adopted the Draft Article on 10th June 1949.", "qas": []}]}, {"title": "Article 243 W Eleventh Schedule .txt", "paragraphs": [{"context": "", "qas": []}]}, {"title": "Article 312 All-India services.txt", "paragraphs": [{"context": "Article 312 All-India services(1) Notwithstanding anything in Chapter VI of Part VI or Part XI, if the Council of States has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest so to do, Parliament may by law provide for the creation of one or more all India services (including an all-India judicial service)common to the Union and the States, and, subject to the other provisions of this Chapter, regulate the recruitment, and the conditions of service of persons appointed, to any such service.(2) The services known at the commencement of this Constitution as the Indian Administrative Service and the Indian Police Service shall be deemed to be services created by Parliament under this article.(3) The all-India judicial service referred to in clause (1) shall not include any post inferior to that of a district judge as defined in article 236.(4) The law providing for the creation of the all-India judicial service aforesaid may contain such provisions for the amendment of Chapter VI of Part VIas may be necessary for giving effect to the provisions of that law and no such law shall be deemed to be an amendment of this Constitution for the purposes of article 368.", "qas": []}]}, {"title": "Part C Provisions As To The Speaker And The Deputy Speaker Of The House Of The People And The Chairman And The Deputy Chairman Of The Council Of States And The Speaker And The Deputy Speaker Of The Legisl....txt", "paragraphs": [{"context": "Part C Provisions As To The Speaker And The Deputy Speaker Of The House Of The People And The Chairman And The Deputy Chairman Of The Council Of States And The Speaker And The Deputy Speaker Of The Legisl...7. There shall be paid to the Speaker of the House of the People and the Chairman of the Council of States such salaries and allowances as were payable to the Speaker of the Constituent Assembly of the Dominion of India immediately before the commencement of this Constitution, and there shall be paid to the Deputy Speaker of the House of the People and to the Deputy Chairman of the Council of States such salaries and allowances as were payable to the Deputy Speaker of the Constituent Assembly of the Dominion of India immediately before such commencement.8. There shall be paid to the Speaker and the Deputy Speaker of the Legislative Assembly and to the Chairman and the Deputy Chairman of the Legislative Council of a Statesuch salaries and allowances as were payable respectively to the Speaker and the Deputy Speaker of the Legislative Assembly and the President and the Deputy President of the Legislative Council of the corresponding Province immediately before the commencement of this Constitution and, where the corresponding Province had no Legislative Council immediately before such commencement, there shall be paid to the Chairman and the Deputy Chairman of the Legislative Council of the State such salaries and allowances as the Governor of the State may determine.", "qas": []}]}, {"title": "Article 299 Contracts..txt", "paragraphs": [{"context": "Article 299 Contracts.(1) All contracts made in the exercise of the executive power of the Union or of a State shall be expressed to be made by the President, or by the Governor of the State, as the case may be, and all such contracts and all assurances of property made in the exercise of that power shall be executed on behalf ofthe President or the Governor by such persons and in such manner as he may direct or authorise.(2) Neither the President nor the Governor shall be personally liable in respect of any contract or assurance made or executed for the purposes of this Constitution, or for the purposes of any enactment relating to the Government of India heretofore in force, nor shall any person making or executing any such contract or assurance on behalf of any of them be personally liable in respect thereof.", "qas": []}]}, {"title": "Article 246 Subject-matter of laws made by Parliament and by the Legislatures of States..txt", "paragraphs": [{"context": "Article 246 Subject-matter of laws made by Parliament and by the Legislatures of States.(1) Notwithstanding anything in clauses (2) and (3), Parliament has exclusive power to make laws with respect to any of the matters enumerated in List I in the Seventh Schedule (in this Constitution referred to as the \u201cUnion List\u201d).(2) Notwithstanding anything in clause (3), Parliament, and, subject to clause (1), the Legislature of any State also, have power to make laws with respect to any of the matters enumerated in List III in the Seventh Schedule (in this Constitution referred to as the \u201cConcurrent List\u201d).(3) Subject to clauses (1) and (2), the Legislature of any State has exclusive power to make laws for such State or any part thereof with respect to any of the matters enumerated in List II in the Seventh Schedule (in this Constitution referred to as the \u201cState List\u201d).(4) Parliament has power to make laws with respect to any matter for any part of the territory of India not included in a Statenotwithstanding that such matter is a matter enumerated in the State List.", "qas": []}]}, {"title": "Article 100 Voting in Houses, power of Houses to act notwithstanding vacancies and quorum..txt", "paragraphs": [{"context": "Article 100 Voting 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 members present and voting, other than the Speaker or person acting as Chairman or Speaker.The Chairman or Speaker, or person acting as such, shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes.(2) Either House of Parliament shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in Parliament shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do sat or voted or otherwise took part in the proceedings.(3) Until Parliament by law otherwise provides, the quorum to constitute a meeting of either House of Parliament shall be one-tenth of the total number of members of the House. (4) If at any time during a meeting of a House there is no quorum, it shall be the duty of the Chairman or Speaker, or person acting as such, either to adjourn the House or to suspend the meeting until there is a quorum.Debate SummaryArticle 80, Draft Constitution, 1948(1) Save as provided in this Constitution, all questions at any sitting or joint sitting of the Houses shall be determined by a majority of votes of the members present and voting, other than the Chairman or Speaker or person acting as such.The Chairman or Speaker or person acting as such shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes.(2) Either House of Parliament shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in Parliament shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do sat or voted or otherwise took part in the proceedings.(3) If at any time during a meeting of a House, less than one-sixth of the total number of members of the House are present, it shall be the duty of the Chairman or Speaker or person acting as such either to adjourn the House, or to suspend the meeting until at least one-sixth of the members are present.Draft Article 80 (Article 100, Constitution of India, 1950) was debated on 19th May 1949. It regulated the business of the Parliament concerning voting, quorum and vacancies.A member moved a few amendments to edit grammar and language of the Draft Article. In clause 1, he sought to delete 'other than the Chairman or Speaker or person acting as such\u2019. Before \u2018The Chairman\u2019, he proposed to add \u2018Provided that\u2019. He believed that the Draft Article must be relieved from \u2018needless verbiage\u2019.Another member generally commented that he was against the principle of conducting joint sittings of the Parliament. He hoped that the Assembly would drop it from the Draft Article.The abovementioned proposals were voted out. The Assembly adopted the Draft Article on 19 May 1949.", "qas": []}]}, {"title": "Article 16 Equality of opportunity in matters of public employment..txt", "paragraphs": [{"context": "Article 16 Equality of opportunity in matters of public employment.(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.(3) Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an officeunder the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory] prior to such employment or appointment.(4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.(4A) Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion, with consequential seniority, to any class] or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.(4B) Nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4A) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent. reservation on total number of vacancies of that year.(5) Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination.Debate SummaryArticle 16 (Draft Article 10) of the Constitution of India, 1950 was debated in the Constituent Assembly on 30th November 1948. There was a wide agreement in the Assembly on the importance of the Draft Article. The two main issues around which conflict seem to emerge revolved around the question of residence and the meaning of \u2018backward class\u2019. While some members wanted a residence criterion for employment in a state government, others didn\u2019t want any such restrictions. Arguments in favour of the residence criteria claimed that only natives of a particular state could efficiently discharge their duties as officers of the state government. Also, there seemed to be a concern about people from other states capturing government posts, harming the chances of domiciled or native government job aspirants. The responses to these arguments invoked the idea of common citizenship in the constitution which would be undermined by the residence criteria. The Assembly also discussed the use of the term \u2018backward class\u2019 in the Draft Article. While some preferred the term due to its generality and ability to encompass a wider range of communities, others argued that the generality of term introduced a sense of vagueness; specific terms like \u2018Scheduled Caste\u2019 were better. The Assembly also discussed if it was desirable to have reservations in government jobs for only a fixed period of time.The Constituent Assembly then adopted the Draft Article with some amendments.", "qas": []}]}, {"title": "Article 243S Constitution and composition of Wards Committees, etc..txt", "paragraphs": [{"context": "Article 243S Constitution and composition of Wards Committees, etc.(1) There shall be constituted Wards Committees, consisting of one or more wards, within the territorial area of a Municipality having a population of three lakhs or more.(2) The Legislature of a State may, by law, make provision with respect to \u2014(a) the composition and the territorial area of a Wards Committee;(b) the manner in which the seats in a Wards Committee shall be filled.(3) A member of a Municipality representing a ward within the territorial area of the Wards Committee shall be a member of that Committee.(4) Where a Wards Committee consists of \u2014(a) one ward, the member representing that ward in the Municipality; or(b) two or more wards, one of the members representing such wards in the Municipality elected by the members of the Wards Committee, shall be the Chairperson of that Committee.(5) Nothing in this article shall be deemed to prevent the Legislature of a State from making any provision for the constitution of Committees in addition to the Wards Committees.", "qas": []}]}, {"title": "Article 234 Recruitment of persons other than district judges to the judicial service..txt", "paragraphs": [{"context": "Article 234 Recruitment of persons other than district judges to the judicial service.Appointments of persons other than district judges to the judicial service of a State shall be made by the Governor of the State in accordance with rules made by him in that behalf after consultation with the State Public Service Commission and with the High Court exercising jurisdiction in relation to such State.", "qas": []}]}, {"title": "Article 47 Duty of the State to raise the level of nutrition and the standard of living and to improve public health.txt", "paragraphs": [{"context": "Article 47 Duty of the State to raise the level of nutrition and the standard of living and to improve public healthThe 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 and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.Debate SummaryArticle 38, Draft Constitution, 1948The 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.Draft Article 38 (Article 47) was debated on 23rd and 24th November, 1948. It imposed an obligation on the state to improve public health, nutrition, and the standard of living.A member moved to expand the scope of the Draft Article by inserting thesentence: 'and shall endeavour to bring about the prohibition of the consumption of intoxicating drinks and drugs which are injurious to health'.Another member agreed with the spirit of the amendment, but proposedthat the words'except for medicinal purposes' be included in the Draft Article.The debates in the Assembly were based on these two amendments.One member in favour of the amendment argued that it made economic sense, as the loss of revenue caused by the 'increase of crime, disease and the loss of efficiency'was three times higher than the loss of revenue earned from the sale of alcohol. Anothercontended that working class and Dalit families would benefit the most from a ban, as these communities spent a substantial amount of their wages on liquor.However, one member offeredseveral arguments against the adoption of the two amendments. He argued that similar prohibitions in both America and Madras had proven unsuccessful and expensive: many people continued to consume alcohol, while the state incurred extra costs to incarcerate those who broke the ban. Moreover, he contended that prohibition infringed on the personal liberty of citizens. A member from the Adivasi community argued that a ban on alcohol could be used to infringe the religious rights of Adivasis, citing the religious significance attached to the consumption of rice beer.The Chairman of the Drafting Committee responded to these arguments by reminding the Assembly that the article was a part of the non-justiciable Directive Principles of State Policy, and as such were not legally binding. With regard to the objection raised by the member from the Adivasi community, he noted that the Sixth Schedule of the Constitution guaranteed that no law could be enforced in tribal areas without consulting with District and Regional Tribal Boards.The Assemblyacceptedboth amendments. The amended Draft Article was adopted on 24 November 1948.", "qas": []}]}, {"title": "Article 58 Qualifications for election as President..txt", "paragraphs": [{"context": "Article 58 Qualifications for election as President.(1) No person shall be eligible for election as President unless he\u2014(a) is a citizen of India,(b) has completed the age of thirty-five years, and(c) is qualified for election as a member of the House of the People.(2) A person shall not be eligible for election as President if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments.Explanation.\u2014For the purposes of this article, a person shall not be deemed to hold any office of profit by reason only that he is the President or Vice-President of the Union or the Governorof any State or is a Minister either for the Union or for any StateDebate SummaryArticle 47, Draft Constitution of India, 1948(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 election as a member of the House of the People.(2) A person shall not be eligible for election as President if he holds any office or position of emolument under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments.Explanation.- For the purposes of this clause a person shall not be deemed to hold any office or position of emolument by reason only that-(a) He is a minister either for India or for any State for the time being specified in Part I of the First Schedule; or(b) He is a minister for any State for the time being specified in Part III of the First Schedule, if he is responsible to the Legislature of the State, or, where there are two Houses of the Legislature of the State, to the Lower House of the Legislature, and if not less than three-fourths of the members of the Legislature or House, as the case may be, are elected.The Constituent Assembly debated Draft Article 47 (Article 58, Constitution of India, 1950) on 27 December 1948 and 13 October 1949. The Draft Article lays down the required qualifications for an individual to be elected as the President of India.A member wanted to ensure that aMinister who wanted to run for the President's office first resigned from his current ministerial office.This, he reasoned, would avoid the misuse of the Minister\u2019s office and staff for Presidential campaign. The Chairman of the Drafting Committee highlighted that this amendment would \u2018create complete administrative chaos\u2019. If Ministers were to resign, then alladministrative responsibilities would come to a halt. It would not be feasible to delegate this role to bureaucrats or temporary Ministers. He further noted that the Election Commission, a constitutional body, would ensure fair elections and prevent anyMinister from exercising undue influence.There was an amendment which required President-elect to declare all \u2018right, title, share, property and interest\u2019 in any government-aided or supported enterprise, business or trade. Such assets were to be bought by the government. The amendment moverinvokedGermanPresident Hindenberg\u2019s involvement with the Prussian landlords which strengthened the Nazi government and strongly urged \u2018that President should be free from any entanglements\u2019. Some members opposed thisproposal andarguedthat itwould infringe the right to hold private property which was a recognised fundamental right. The Chairman of the Drafting Committee observed that the proposal was rather novel andunprecedented: he illustrated how even the American Constitution, which adopted a Presidential form of government, did not have a similar provision. Moreover, this amendment was unnecessary as the Indian Constitution viewed the position of the President as \u2018a nominal figurehead\u2019. If the Assembly were to adopt this, there would be a dearth of Presidential candidates.All substantive amendments were rejected.On 27 December 1948, the Draft Article was adopted with a minor amendment. The Drafting Committee successfully moved another minor amendment on 13 October 1949.", "qas": []}]}, {"title": "Article 214 High Courts for States..txt", "paragraphs": [{"context": "Article 214 High Courts for States.There shall be a High Court for each State.", "qas": []}]}, {"title": "Article 216 Constitution of High Courts..txt", "paragraphs": [{"context": "Article 216 Constitution of High Courts.Every High Court shall consist of a Chief Justice and such other Judges as the President may from time to time deem it necessary to appoint.", "qas": []}]}, {"title": "Article 243G Powers, authority and responsibilities of Panchayats..txt", "paragraphs": [{"context": "Article 243G Powers, authority and responsibilities of Panchayats.Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow thePanchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Panchayats at the appropriate level, subject to such conditions as may be specified therein, with respect to \u2014(a) the preparation of plans for economic development and social justice;(b) the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the Eleventh Schedule.", "qas": []}]}, {"title": "Article 155 Appointment of Governor..txt", "paragraphs": [{"context": "Article 155 Appointment of Governor.The Governor of a State shall be appointed by the President by warrant under his hand and seal.Debate SummaryArticle 131, Draft Constitution, 1948The Governor of a State shall be elected by direct vote of all persons who have the right to vote at a general election for the Legislative Assembly of the State.AlternativelyThe Governor of a State shall be appointed by the President by warrant under his hand and seal from a panel of four candidates to be elected by the members of the Legislative Assembly of the State, or, where there is a Legislative Council in the State, by all the members of the Legislative Assembly and of the Legislative Council of the State assembled at a joint meeting, in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot.Draft Article 131 (Article 155) was debated on 30th May and 31st May 1949. This Draft Article had two versions, one which laid out the procedure for election of the Governor, and the other which laid out the procedure for appointment.cThe debates focused on whether the Governor should be chosen through election or by appointment.Some members who were in favour of election pointed out that the Assembly had taken a resolution two years ago stating that the Governor would be chosen through election. One member argued that an appointed Governor could be from any state, and therefore would be an inefficient administrator since he would not have any knowledge of the people or language.Many members favoured the system of appointment, but disapproved of the process laid out in the Draft Article. One member argued that provincial autonomy and successful state cabinet governments could only be ensured by the \u2018existence of a fairly impartial constitutional head\u2019. He also opposed the system of appointment from a panel of candidates in the Draft Article as not \u2018conducive to amicable relations\u2019 since it would encourage factionalism within the party. A member of the Drafting Committee also agreed with this proposition, stating that appointment was more suitable given that the function of the Governor was \u2018to be a constitutional head, a sagacious counselor and adviser to the Ministry one who can throw oil over troubled waters\u2019. The Prime Minister agreed with these arguments, stating that appointment would ensure that the Governor was detached from state politics and able to operate fairly and impartially. Another member argued that the power to appoint should be vested in the President.One member proposed to wholly replace the Draft Article as follows:\u2018The Governor of a State shall be appointed by the President by warrantunder his hand and seal.\u2019He argued that while he was in favour of appointment, the language of the Draft Article gave too much leeway to the Legislature and restricted the choice of the President. The amendment, he contended, simplified the procedure, and gave the President unfettered right to appoint a Governor. This received the popular support of the Assembly, including members of the Drafting Committee.The Assembly voted in favour of choosing the Governor by appointment, and accepted the only amendment proposed. The amended Draft Article was adopted on 31st May 1949..", "qas": []}]}, {"title": "Article 195 Salaries and allowances of members..txt", "paragraphs": [{"context": "Article 195 Salaries and allowances of members.Members of the Legislative Assembly and the Legislative Council of a State shall be entitled to receive such salaries and allowances as may from time to time be determined, by the Legislature of the State by law and,until provision in that respect is so made, salaries and allowances at such rates and upon such conditions as were immediately before the commencement of this Constitution applicable in the case of members of the Legislative Assembly of the corresponding Province.", "qas": []}]}, {"title": "Article 371I Special provision with respect to the State of Goa..txt", "paragraphs": [{"context": "Article 371I Special provision with respect to the State of Goa.Notwithstanding anything in this Constitution, the Legislative Assembly of the State of Goa shall consist of not less than thirty members.", "qas": []}]}, {"title": "Article 280 Finance Commission..txt", "paragraphs": [{"context": "Article 280 Finance Commission.(1) The President shall, within two years from the commencement of this Constitution and thereafter at the expiration of every fifth year or at such earlier time as the President considers necessary, by order constitute a Finance Commission which shall consist of a Chairman and four other members to be appointed by the President.(2) Parliament may by law determine the qualifications which shall be requisite for appointment as members of the Commission and the manner in which they shall be selected.(3) It shall be the duty of the Commission to make recommendations to the President as to \u2014(a) the distribution between the Union and the States of the net proceeds of taxes which are to be, or may be, divided between them under this Chapter and the allocation between the States of the respective shares of such proceeds;(b) the principles which should govern the grantsin-aid of the revenues of the States out of the Consolidated Fund of India;(bb) the measures needed to augment the Consolidated Fund of a State to supplement the resources of the Panchayats in the State on the basis of the recommendations made by the Finance Commission of the State;(c) the measures needed to augment the Consolidated Fund of a State to supplement the resources of the Municipalities in the State on the basis of the recommendations made by the Finance Commission of the State;(d)any other matter referred to the Commission by the President in the interests of sound finance.(4) The Commission shall determine their procedure and shall have such powers in the performance of their functions as Parliament may by law confer on them.", "qas": []}]}, {"title": "Article 36 Definition.txt", "paragraphs": [{"context": "Article 36 DefinitionIn this Part, unless the context otherwise requires, \u201cthe State\u201d has the same meaning as in Part III.Debate SummaryArticle 28, Draft Constitution of India 1948In this Part, unless the context otherwise requires, \"the State\" has the same meaning as in Part III of this Constitution.Draft Article 28 was discussed on 19 November 1948. It opened Part IV of the Draft Constitution titled \u2018Directive Principles of State Policy\u2019 and definedthe meaning of \u2018State\u2019.The debate began with an Assembly member moving an amendment toreplace \u2018Directive\u2019 with \u2018Fundamental\u2019 in Part IV's heading. Themember pointed out that in the earlier committee stages, Part IV was titled as \u2018Fundamental Principles of Governance\u2019, and wantedto know why the heading was changed. It was clarified to the member the term \u2018Directive\u2019 was used to emphasise that principles contained in Part IV were directives;\u2018fundamental\u2019 was consciously dropped to make Part IV distinct from Part III \u2013 fundamental rights. Another amendment proposed to replace \u2018the state\u2019 with \u2018state\u2019. This was opposed by a Drafting Committee member who argued that there were different senses in which the term \u2018state\u2019 was used in the Draft Constitution. The term \u2018the state\u2019 as used in Part III was the most appropriate for Part IV as well: panchayats, district and local boards (See Article 12), that came under \u2018the state\u2019 in fundamental rights were the relevant institutions for the implementation of Directive Principles.", "qas": []}]}, {"title": "Article 361A Protection of publication of proceedings of Parliament and State Legislatures..txt", "paragraphs": [{"context": "Article 361A Protection of publication of proceedings of Parliament and State Legislatures.(1) No person shall be liable to any proceedings, civil or criminal, in any court in respect of the publication in a newspaper of a substantially true report of any proceedings of either House of Parliament or the Legislative Assembly, or, as the case may be, either House of the Legislature, of a State, unless the publication is proved to have been made with malice: Provided that nothing in this clause shall apply to the publication of any report of the proceedings of a secret sitting of either House of Parliament or the Legislative Assembly, or, as the case may be, either House of the Legislature, of a State.(2) Clause (1) shall apply in relation to reports or matters broadcast by means of wireless telegraphy as part of any programme or service provided by means of a broadcasting station as it applies in relation to reports or matters published in a newspaper. Explanation. \u2014 In this article, \u201cnewspaper\u201d includes a news agency report containing material for publication in a newspaper .", "qas": []}]}, {"title": "Article 109 Special procedure in respect of Money Bills..txt", "paragraphs": [{"context": "Article 109 Special 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 States for its recommendations and the Council of States shall within a period of fourteen days from the date of its receipt of the Bill return the Bill to the House of the People with its recommendations and the House of the People may thereupon either accept or reject all or any of the recommendations of the Council of States.(3) If the House of the People accepts any of the recommendations of the Council of States, the Money Bill shall be deemed to have been passed by both Houses with the amendments recommended by the Council of States and accepted by the House of the People.(4) If the House of the People does not accept any of the recommendations of the Council of States, the Money Bill shall be deemed to have been passed by both Houses in the form in which it was passed by the House of the People without any of the amendments recommended by the Council of States.(5) If a Money Bill passed by the House of the People and transmitted to the Council of States for its recommendations is not returned to the House of thePeople within the said period of fourteen days, it shall be deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by the House of the People.Debate SummaryArticle 89, Draft Constitution 1948(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 States for its recommendations and the Council of States shall within a period of thirty days from the date of its receipt of the Bill return the Bill to the House of the People with its recommendations and the House of the People may thereupon either accept or reject all or any of the recommendations of the Council of States.(3) If the House of the People accepts any of the recommendations of the Council of States, the Money Bill shall be deemed to have been passed by both Houses with the amendments recommended by the Council of States and accepted by the House of the People.(4) If the House of the People does not accept any of the recommendations of the Council of States, the Money Bill shall be deemed to have been passed by both Houses in the form in which it was passed by the House of the People without any of the amendments recommended by the Council of States.(5) If a Money Bill passed by the House of the People and transmitted to the Council of States for its recommendations is not returned to the House of the People within the said period of thirty days, it shall be deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by the House of the People.Draft Constitution 89 (Article 109, Constitution of India) was discussed on 20th May 1949. It provided for a special procedure to pass Money Bills.A member moved an amendment to replace \u2018thirty days\u2019 to \u2018twenty one days\u2019 in clauses (2) and (5). He argued that practically, after introducing a Money Bill, one House would not take more than a week to transfer it to the other House for recommendations. The Chairman of the Drafting Committee further proposed to reduce the time limit to fourteen days. He noted that unlike Britain, the Indian Constitution empowered the House of Councils to interfere and recommend on financial matters. And budget-related matters require to be moved expeditiously.The Assembly accepted to reduce the time limit to thirty days and adopted the Draft Article on 20th May 1949.", "qas": []}]}, {"title": "Article 375 Courts, authorities and officers to continue to function subject to the provisions of the Constitution..txt", "paragraphs": [{"context": "Article 375 Courts, authorities and officers to continue to function subject to the provisions of the Constitution.All courts of civil, criminal and revenue jurisdiction, all authorities and all officers, judicial, executive and ministerial, throughout the territory of India, shall continue to exercise their respective functions subject to the provisions of this Constitution.", "qas": []}]}, {"title": "Article 262 Adjudication of disputes relating to waters of interState rivers or river valleys..txt", "paragraphs": [{"context": "Article 262 Adjudication of disputes relating to waters of interState rivers or river valleys.(1) Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of, or in, any inter-State river or river valley.(2) Notwithstanding anything in this Constitution, Parliament may by law provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint as is referred to in clause (1).", "qas": []}]}, {"title": "Article 5 Citizenship at the commencement of the Constitution.txt", "paragraphs": [{"context": "Article 5 Citizenship at the commencement of the ConstitutionAt the commencement of this Constitution, every person who has his domicile in the territory of India and \u2014       (a) who was born in the territory of India; or    (b) either of whose parents was born in the territory of India; or    (c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement,shall be a citizen of India.Debate SummaryArticle 5 of the Constitution of India, 1950 (Draft Article 5)lays down basic principles of citizenship. The Assembly discussed this Draft Article on 10thAugust 1949,11thAugust 1949and12thAugust 1949.The debates around this draft article concerned with proposals to include citizenship based on religion and dual citizenship.Some sought to include a residuary provision for citizenship based on religion. They argued that every Hindu or Sikh who is not a citizen of any other state, irrespective of their residence should be entitled for Indian citizenship. In rebuttal, one member strongly urged against hyphenating religion and citizenship. He argued that rules must be informed by justice and equity and not on extraneous conditions.Another member was keen on the draft article accommodating for dual citizenship. He added that this privilege must be extended to countries on the principle of reciprocity.One member, believed that this Draft Article made Indian citizenship cheap. In response, it was pointed out that this Draft Article was stricter than the American law on citizenship.Few members voluntarily withdrew their amendments, while other amendmentswhich were put to vote were negatived. The Constituent AssemblyadoptedDraft Article 5 as introduced by the Drafting Committee on12thAugust 1949.", "qas": []}]}, {"title": "II The Union territories. .txt", "paragraphs": [{"context": "II The Union territories. NameExtent1. DelhiThe territory which immediately before the commencement of this Constitution was comprised in the Chief Commissioner\u2019s Province of Delhi.2. The Andaman and Nicobar IslandsThe territory which immediately before the commencement of this Constitution was comprised in the Chief Commissioner\u2019s Province of the Andaman and Nicobar Islands.3. LakshadweepThe territory specified in section 6 of the States Reorganisation Act, 1956.4. Dadra and Nagar HaveliThe territory which immediately before the eleventh day of August 1961 was comprised in Free Dadra and Nagar Haveli.5. Daman and DiuThe territories specified in section 4 of the Goa, Daman and Diu Reorganisation Act, 1987.6. PondicherryThe territories which immediately before the sixteenth day of August, 1962, were comprised in the French Establishments in India known as Pondicherry, Karikal, Mahe and Yanam.7. ChandigarhThe territories specified in section 4 of the Punjab Reorganisation Act, 1966.", "qas": []}]}, {"title": "Article 218 Application of certain provisions relating to Supreme Court to High Courts..txt", "paragraphs": [{"context": "Article 218 Application of certain provisions relating to Supreme Court to High Courts.The provisions of clauses (4) and (5) of article 124 shall apply in relation to a High Court as they apply in relation to the Supreme Court with the substitution of references to the High Court for references to the Supreme Court.", "qas": []}]}, {"title": "Article 198 Special procedure in respect of Money Bills..txt", "paragraphs": [{"context": "Article 198 Special procedure in respect of Money Bills.(1) A Money Bill shall not be introduced in a Legislative Council.(2) After a Money Bill has been passed by the Legislative Assembly of a State having a Legislative Council, it shall be transmitted to the Legislative Council for its recommendations, and the Legislative Council shall within a period of fourteen days from the date of its receipt of the Bill return the Bill to the Legislative Assembly with its recommendations, and the Legislative Assembly may thereupon either accept or reject all or any of the recommendations of the Legislative Council.(3) If the Legislative Assembly accepts any of the recommendations of the Legislative Council, the MoneyBill shall be deemed to have been passed by both Houses with the amendments recommended by the Legislative Council and accepted by the Legislative Assembly.(4) If the Legislative Assembly does not accept any of the recommendations of the Legislative Council, the Money Bill shall be deemed to have been passed by both Houses in the form in which it was passed by the Legislative Assembly without any of the amendments recommended by the Legislative Council.(5) If a Money Bill passed by the Legislative Assembly and transmitted to the Legislative Council for its recommendations is not returned to the Legislative Assembly within the said period of fourteen days, it shall be deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by the Legislative Assembly.", "qas": []}]}, {"title": "Article 14 Equality before law.txt", "paragraphs": [{"context": "Article 14 Equality before lawThe State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.Debate SummaryArticle 14 of the Constitution of India, 1950 was not a standalone provision in the Draft Constitution; it was part of Draft Article 15 which read: \u2018Protection of life and liberty and equality before law - No person shall be deprived of his life or liberty except according to procedure established by law, nor shall any person be denied equality before the law or the equal protection of the law within the territory of India.\u2019 Draft Article 15 was taken up for discussion on 6th and 13th of December 1948. The discussions that took place on these two days revolved around the first part of, whereas the second \u2013 \u2018equality before law\u2019 part - was not debated at all. In its letter to the President of the Constituent Assembly dated 3rd November 1949 presenting its revised Draft Constitution, the Drafting Committee mentioned that \u2013 \u2018We have considered it more appropriate to split this article into two parts and to transfer the latter part of this article dealing with \u201cequality before law\u201d to a new article 14 under the heading \u2018Right to Equality\u2019. And thus, Article 14 is introduced into the Constitution of India, 1950.", "qas": []}]}, {"title": "Article 29 Protection of interests of minorities..txt", "paragraphs": [{"context": "Article 29 Protection of interests of minorities.(1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.(2) No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.Debate SummaryArticle 23, Draft Constitution of India, 1948(1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script and culture of its own shall have the right to conserve the same.(2) No minority whether based on religion, community or language shall be discriminated against in regard to the admission of any person belonging to such minority into any educational institution maintained by the State.(3) (a) All minorities whether based on religion, community or language shall have the right to establish and administer educational institutions of their choice.(b) The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion, community or language.Draft Article 23 was debated in the Constituent Assembly on 7th and 8th December 1948. It aimed at securing and protecting the cultural and educational rights of minorities. During the course of the discussions, the Constituent Assembly decided to split this Draft Article into 2: clauses 1 and 2 remained Article 23, and clause 3 became Draft Article 23A. In this summary, we deal with only Article 23 proper. It was proposed that after \u2018conserve\u2019 the word \u2018develop\u2019 be added. The rationale behindthis was that culture was not static, it was dynamic and progressive \u2013 and the draft article had to reflect this. Another member argued that the Article should confine the scope of minorities to only linguistic ones; the recognition of religion and community-based minorities could promote communalism. It seems like the Assembly did not want to limit minorities to just linguistic minorities; it accepted a proposal to specify the types of minorities in the clause 2 \u2013 that included religion, race, caste and language. It was also argued that the Article should be read as applying to those sections of the population who find themselves as a linguistic minority in a particular state. For e.g. The Article then must protect the right of the Bengali community settled in Andhra Pradesh to maintain its language and culture. The Assembly adopted the Article with amendments.", "qas": []}]}, {"title": "Article 239 A A Special provisions with respect to Delhi..txt", "paragraphs": [{"context": "Article 239 A A Special provisions with respect to Delhi.(1) As from the date of commencement of the Constitution (Sixty-ninth Amendment) Act, 1991, the Union territory of Delhi shall be called the NationalCapital Territory of Delhi (hereafter in this Part referred to as the National Capital Territory) and the administrator thereof appointed under article 239 shall be designated as the Lieutenant Governor.(2) (a) There shall be a Legislative Assembly for the National Capital Territory and the seats in such Assembly shall be filled by members chosen by direct election from territorial constituencies in the National Capital Territory.(b) The total number of seats in the Legislative Assembly, the number of seats reserved for Scheduled Castes, the division of the National Capital Territory into territorial constituencies (including the basis for such division) and all other matters relating to the functioning of the Legislative Assembly shall be regulated by law made by Parliament.(c) The provisions of articles 324 to 327 and 329 shall apply in relation to the National Capital Territory, the Legislative Assembly of the National Capital Territory and the members thereof as they apply, in relation to a State, the Legislative Assembly of a State and the members thereof respectively; and any reference in articles 326 and 329 to \u201cappropriate Legislature\u201d shall be deemed to be a reference to Parliament.(3) (a) Subject to the provisions of this Constitution, the Legislative Assembly shall have power to make laws for the whole or any part of the National Capital Territory with respect to any of the matters enumerated in the State List or in the Concurrent List in so far as any such matter is applicable to Union territories except matters with respect to Entries 1, 2 and 18 of the State List and Entries 64, 65 and 66 of that List in so far as they relate to the said Entries 1, 2 and 18.(b) Nothing in sub-clause (a) shall derogate from the powers of Parliament under this Constitution to make laws with respect to any matter for a Union territory or any part thereof.(c) If any provision of a law made by the Legislative Assembly with respect to any matter is repugnant to anyprovision of a law made by Parliament with respect to that matter, whether passed before or after the law made by the Legislative Assembly, or of an earlier law, other than a law made by the Legislative Assembly, then, in either case, the law made by Parliament, or, as the case may be, such earlier law, shall prevail and the law made by the Legislative Assembly shall, to the extent of the repugnancy, be void: Provided that if any such law made by the Legislative Assembly has been reserved for the consideration of the President and has received his assent, such law shall prevail in the National Capital Territory: Provided further that nothing in this sub-clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislative Assembly.(4) There shall be a Council of Ministers consisting of not more than ten per cent. of the total number of members in the Legislative Assembly, with the Chief Minister at the head to aid and advise the Lieutenant Governor in the exercise of his functions in relation to matters with respect to which the Legislative Assembly has power to make laws, except in so far as he is, by or under any law, required to act in his discretion:Provided that in the case of difference of opinion between the Lieutenant Governor and his Ministers on any matter, the Lieutenant Governor shall refer it to the President for decision and act according to the decision given thereon by the President and pending such decision it shall be competent for the Lieutenant Governor in any case where the matter, in his opinion, is so urgent that it is necessary for him to take immediate action, to take such action or to give such direction in the matter as he deems necessary.(5) The Chief Minister shall be appointed by the President and other Ministers shall be appointed by the President on the advice of the Chief Minister and theMinisters shall hold office during the pleasure of the President.(6) The Council of Ministers shall be collectively responsible to the Legislative Assembly.(7) (a) Parliament may, by law, make provisions for giving effect to, or supplementing the provisions contained in the foregoing clauses and for all matters incidental or consequential thereto.(b) Any such law as is referred to in sub-clause (a) shall not be deemed to be an amendment of this Constitution for the purposes of article 368 notwithstanding that it contains any provision which amends or has the effect of amending, this Constitution.(8) The provisions of article 239B shall, so far as may be, apply in relation to the National Capital Territory, the Lieutenant Governor and the Legislative Assembly, as they apply in relation to the Union territory of Puducherry, the administrator and its Legislature, respectively; and any reference in that article to \u201cclause (1) of article 239A\u201d shall be deemed to be a reference to this article or article 239AB, as the case may be.", "qas": []}]}, {"title": "Article 358 Suspension of provisions of article 19 during emergencies..txt", "paragraphs": [{"context": "Article 358 Suspension of provisions of article 19 during emergencies.(1) While a Proclamation of Emergency declaring that the security of India or any part of the territory thereof is threatened by war or by external aggression is in operation, nothing in article 19 shall restrict the power of the State as defined in Part III to make any law or to take any executive action which the State would but for the provisions contained in that Part be competent to make or to take, but any law so made shall, to the extent of the incompetency, cease to have effect as soon as the Proclamation ceases to operate, except as respects things done or omitted to be done before the law so ceases to have effect: Provided that where such Proclamation of Emergencyis in operation only in any part of the territory of India, any such law may be made, or any such executive action may be taken, under this article in relation to or in any State or Union territory in which or in any part of which the Proclamation of Emergency is not in operation, if and in so far as the security of India or any part of the territory thereof is threatened by activities in or in relation to the part of the territory of India in which the Proclamation of Emergency is in operation.(2) Nothing in clause (1) shall apply \u2014(a) to any law which does not contain a recital to the effect that such law is in relation to theProclamation of Emergency in operation when it is made; or(b) to any executive action taken otherwise than under a law containing such a recital.", "qas": []}]}, {"title": "Article 281 Recommendations of the Finance Commission..txt", "paragraphs": [{"context": "Article 281 Recommendations of the Finance Commission.The President shall cause every recommendation made by the Finance Commission under the provisions of this Constitution together with an explanatory memorandum as to the action taken thereon to be laid before each House of Parliament.", "qas": []}]}, {"title": "Article 363 Bar to interference by courts in disputes arising out of certain treaties, agreements, etc..txt", "paragraphs": [{"context": "Article 363 Bar to interference by courts in disputes arising out of certain treaties, agreements, etc.(1) Notwithstanding anything in this Constitution but subject to the provisions of article 143, neither the Supreme Court nor any other court shall have jurisdiction in any dispute arising out of any provision of a treaty, agreement, covenant, engagement, sanad or other similar instrument which was entered into or executed before the commencement of this Constitution by any Ruler of an Indian State and to which the Government of the Dominion of India or any of its predecessor Governments was a party and which has or has been continued in operation after such commencement, or in any dispute in respect of any right accruing under or any liability or obligation arising out of any of the provisions of this Constitution relating to any such treaty, agreement, covenant, engagement, sanad or other similar instrument.(2) In this article \u2014(a) \u201cIndian State\u201d means any territory recognised before the commencement of this Constitution by His Majesty or the Government of the Dominion of India as being such a State; and(b) \u201cRuler\u201d includes the Prince, Chief or other person recognised before such commencement by His Majesty or the Government of the Dominion of India as the Ruler of any Indian State.", "qas": []}]}, {"title": "Article 183 Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman..txt", "paragraphs": [{"context": "Article 183 Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman.A member holding office as Chairman or Deputy Chairman of a Legislative Council \u2014(a) shall vacate his office if he ceases to be a member of the Council;(b) may at any time by writing under his hand addressed, if such member is the Chairman, to theDeputy Chairman, and if such member is the Deputy Chairman, to the Chairman, resign his office; and(c) may be removed from his office by a resolution of the Council passed by a majority of all the then members of the Council: Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution.", "qas": []}]}, {"title": "List II State List .txt", "paragraphs": [{"context": "List II State List 1. Public order (but not including the use of any naval, military or air force or any other armed force of the Union or of any other force subject to the control of the Union or of any contingent or unit thereof in aid of the civil power).2. Police (including railway and village police) subject to the provisions of entry 2A of List I.3.Officers and servants of the High Court; procedure in rent and revenue courts; fees taken in all courts except the Supreme Court.4. Prisons, reformatories, Borstal institutions and other institutions of a like nature, and persons detained therein; arrangements with other States for the use of prisons and other institutions.5. Local Government, that is to say, the constitution and powers of municipal corporations, improvement trusts, district boards, mining settlement authorities and other local authorities for the purpose of local self-Government or village administration.6. Public health and sanitation; hospitals and dispensaries.7. Pilgrimages, other than pilgrimages to places outside India.8. Intoxicating liquors, that is to say, the production, manufacture, possession, transport, purchase and sale of intoxicating liquors.9. Relief of the disabled and unemployable.10. Burials and burial grounds; cremations and cremation grounds.12. Libraries, museums and other similar institutions controlled or financed by the State; ancient and historical monuments and records other than those declared by or under law made by Parliament] to be of national importance.13. Communications, that is to say, roads, bridges, ferries, and other means of communication not specified in List I; municipal tramways; ropeways; inland waterways and traffic thereon subject to the provisions of List I and List III with regard to such waterways; vehicles other than mechanically propelled vehicles.14. Agriculture, including agricultural education and research, protection against pests and prevention of plant diseases.15. Preservation, protection and improvement of stock and prevention of animal diseases; veterinary training and practice.16. Pounds and the prevention of cattle trespass.17. Water, that is to say, water supplies, irrigation and canals, drainage and embankments, water storage and water power subject to the provisions of entry 56 of List I.18. Land, that is to say, rights in or over land, land tenures including the relation of landlord and tenant, and the collection of rents; transfer and alienation of agricultural land; land improvement and agricultural loans; colonization.21. Fisheries.22. Courts of wards subject to the provisions of entry 34 of List I; encumbered and attached estates.23. Regulation of mines and mineral development subject to the provisions of List I with respect to regulation and development under the control of the Union.24. Industries subject to the provisions of entries 7 and 52 of List I.25. Gas and gas-works.26. Trade and commerce within the State subject to the provisions of entry 33 of List III.27. Production, supply and distribution of goods subject to the provisions of entry 33 of List III.28. Markets and fairs.30. Money-lending and money-lenders; relief of agricultural indebtedness.31. Inns and inn-keepers.32. Incorporation, regulation and winding up of corporations, other than those specified in List I, and universities; unincorporated trading, literary, scientific, religious and other societies and associations; co-operative societies.33. Theatres and dramatic performances; cinemas subject to the provisions of entry 60 of List I; sports, entertainments and amusements.34. Betting and gambling.35. Works, lands and buildings vested in or in the possession of the State.37. Elections to the Legislature of the State subject to the provisions of any law made by Parliament.38. Salaries and allowances of members of the Legislature of the State, of the Speaker and Deputy Speaker of the Legislative Assembly and, if there is a Legislative Council, of the Chairman and Deputy Chairman thereof.39. Powers, privileges and immunities of the Legislative Assembly and of the members and the committees thereof, and, if there is a Legislative Council, of that Council and of the members and the committees thereof; enforcement of attendance of persons for giving evidence or producing documents before committees of the Legislature of the State.40. Salaries and allowances of Ministers for the State.41. State public services; State Public Service Commission.42. State pensions, that is to say, pensions payable by the State or out of the Consolidated Fund of the State.43. Public debt of the State.44. Treasure trove.45. Land revenue, including the assessment and collection of revenue, the maintenance of land records, survey for revenue purposes and records of rights, and alienation of revenues.46. Taxes on agricultural income.47. Duties in respect of succession to agricultural land.48. Estate duty in respect of agricultural land.49. Taxes on lands and buildings.50. Taxes on mineral rights subject to any limitations imposed by Parliament by law relating to mineral development.51. Duties of excise on the following goods manufactured or produced in the State and countervailing duties at the same or lower rates on similar goods manufactured or produced elsewhere in India:\u2014(a) alcoholic liquors for human consumption;(b) opium, Indian hemp and other narcotic drugs and narcotics;but not including medicinal and toilet preparations containing alcohol or anysubstance included in sub-paragraph (b) of this entry.52. Taxes on the entry of goods into a local area for consumption, use or sale therein.53. Taxes on the consumption or sale of electricity.54. Taxes on the sale or purchase of goods other than newspapers, subject to the provisions of entry 92A of List I.55. Taxes on advertisements other than advertisements published in the newspapers and advertisements broadcast by radio or television.56. Taxes on goods and passengers carried by road or on inland waterways.57. Taxes on vehicles, whether mechanically propelled or not, suitable for use on roads, including tramcars subject to the provisions of entry 35 of List III.58. Taxes on animals and boats.59. Tolls.60. Taxes on professions, trades, callings and employments.61. Capitation taxes.62. Taxes on luxuries, including taxes on entertainments, amusements, betting and gambling.63. Rates of stamp duty in respect of documents other than those specified in the provisions of List I with regard to rates of stamp duty.64. Offences against laws with respect to any of the matters in this List.65. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this List.66. Fees in respect of any of the matters in this List, but not including fees taken in any court.", "qas": []}]}, {"title": "Article 258 Power of the Union to confer powers, etc., on States in certain cases..txt", "paragraphs": [{"context": "Article 258 Power of the Union to confer powers, etc., on States in certain cases.(1) Notwithstanding anything in this Constitution, the President may, with the consent of the Government of a State, entrust either conditionally or unconditionally to that Government or to its officers functions in relation to any matter to which the executive power of the Union extends.(2) A law made by Parliament which applies in any State may, notwithstanding that it relates to a matter with respect to which the Legislature of the State has no power to make laws, confer powers and impose duties, or authorise the conferring of powers and the imposition of duties, upon the State or officers and authorities thereof.(3) Where by virtue of this article powers and duties have been conferred or imposed upon a State or officers or authorities thereof, there shall be paid by the Government of India to the State such sum as may be agreed, or, in default of agreement, as may be determined by an arbitrator appointed by the Chief Justice of India, in respect of any extra costs of administration incurred by the State in connection with the exercise of those powers and duties.", "qas": []}]}, {"title": "Article 331 Representation of the Anglo-Indian Community in the House of the People..txt", "paragraphs": [{"context": "Article 331 Representation of the Anglo-Indian Community in the House of the People.Notwithstanding anything in article 81, the President may, if he is of opinion that the Anglo-Indian community is not adequately represented in the House of the People, nominate not more than two members of that community to the House of the People.", "qas": []}]}, {"title": "Article 134 Appellate jurisdiction of Supreme Court in regard to criminal matters..txt", "paragraphs": [{"context": "Article 134 Appellate 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 \u2014(a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death; or(b) has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or(c) certifies under article 134A] that the case is a fit one for appeal to the Supreme Court:Provided that an appeal under sub-clause (c) shall lie subject to such provisions as may be made in that behalf under clause (1) of article 145 and to such conditions as the High Court may establish or require.(2) Parliament may by law confer on the Supreme Court any further powers to entertain and hear appeals from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India subject to such conditions and limitations as may be specified in such law.Debate SummaryDraft Article 111A (Article 134) was not included in the Draft Constitution of India, 1948. A member moved the following amendment:'That after clause (2) of article 111, the following new clause be inserted:-(3) An appeal shall lie to the Supreme Court against the judgments of the High Courts in the territory of India in the exercise of its criminal jurisdiction in the following cases:-(a) convicting accused persons as a result of acceptance of appeals against their acquittal.(b) sentencing to or confirming the sentence of death or transportation for life.(c) in respect of other matter when the High Court grants a certificate that the case is a fit one for appeal to the Supreme Court.'This amendment was debated as Draft Article 111A on 13th and 14th June 1949. It conferred the power to hear criminal appeals on the Supreme Court.A number of amendments were proposed to the Draft Article, which ranged from providing appeals only where the sentence of imprisonment exceeded five years to only permitting appeals after the High Court certified that the case was fit for appeal.One member argued that appeal should exist in three cases: when certified by the High Court, when a High Court sentences a person to death, and where Parliament provides for appeal by law. Most members agreed with the requirement of High Court certification, with one member stating that Draft Article 112 (Article 136) \u2018committed us to the acceptance of the principle that appeals must lie also on a certificate by the High Court concerned in criminal cases\u2019. Other members disagreed with the latter provision, arguing that it left the judiciary vulnerable to parliamentary interference.Another member proposed that appeals should also lie where an acquittal by a Sessions Court has been overturned by a High Court, and in any case involving \u2018an important question of law\u2019. Some members supported this proposition; they referred to the situations in which social discrimination had resulted in a guilty verdict, and argued that if appeals were not permitted in that situation, innocent men would be hanged.After hearing these arguments, the Chairman of the Drafting Committee proposed an amendment to wholly replace the Draft Article as follows:\u2018111-A. The Supreme Court shall have power to entertain and hear appeals from any judgment, final Appellate jurisdiction of Supreme Court with regard to criminal matters order or sentence in a criminal proceeding of a High Court in the territory of India-(a) if the High Court has on appeal reversed the order of acquittal of an accused person and sentenced him to death; or(b) if the High Court has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or(c) if the High Court certifies that the case is a fit one for appeal to the Supreme Court :Provided that an appeal under sub-clause (c) of this clause shall lie subject to such rules as may from time to time be made by the Supreme Court and to such conditions as the High Court may establish or require.(2) Parliament may by law confer on the Supreme Court any further powers to entertain and hear appeals from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India subject to such conditions and limitations as may be specified in such law.\u2019One member argued that this amendment went \u2018against the very grain\u2019 of the Objectives Resolution and the fundamental rights since it did not provide a right to appeal for convicted persons not sentenced to death. He was particularly against the proviso to clause (c) since it imposed more restrictions on criminal appeals than civil.A member of the Drafting Committee questioned the necessity of the Draft Article, since it appeared that the Supreme Court already had the power to hear a criminal appeal under Draft Article 112 (Article 136). Another member responded that Draft Article 112 gave the Supreme Court a discretionary power to hear an appeal, whereas the present Draft Article gave convicted persons the right to have their appeal heard by the court in certain circumstances.The Chairman of the Drafting Committee stated that the amendment took into account the main concerns expressed by the majority of the Assembly since it provided a right to appeal to persons sentenced to death, while requiring the certification of the High Court in other cases to ensure that the Supreme Court was not overburdened with cases. Moreover, if a lacunae in the law was identified in the future, Parliament had the freedom to expand the right to criminal appeals through legislation.All the proposed amendments were withdrawn or negatived, with the exception of the amendment proposed by the Chairman of the Drafting Committee. The amended Draft Article was adopted on 14th June 1949.", "qas": []}]}, {"title": "Article 126 Appointment of acting Chief Justice.txt", "paragraphs": [{"context": "Article 126 Appointment 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 office shall be performed by such one of the other Judges of the Court as the President may appoint for the purpose.Debate SummaryArticle 105, Draft Constitution, 1948When 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 office shall be performed by such one of the other judges of the court as the President may appoint for the purpose.Draft Article 105 (Article 126) was debated on 27th May 1949. It laid out the rules for the appointment of an acting Chief Justice.The Draft Article was accepted by the Assembly without debate. Draft Article 98-A was adopted on 27th May 1949.", "qas": []}]}, {"title": "Article 279 Calculation of \u201cnet proceeds\u201d, etc..txt", "paragraphs": [{"context": "Article 279 Calculation of \u201cnet proceeds\u201d, etc.(1) In the foregoing provisions of this Chapter, \u201cnet proceeds\u201d means in relation to any tax or duty the proceeds thereof reduced by the cost of collection, and for the purposes of those provisions the net proceeds of any tax or duty, or of any part of any tax or duty, in or attributable to any area shall be ascertained and certified by the Comptroller and Auditor-General of India, whose certificate shall be final.(2) Subject as aforesaid, and to any other express provision of this Chapter, a law made by Parliament or an order of the President may, in any case where under this Part the proceeds of any duty or tax are, or may be, assigned to any State, provide for the manner in which the proceeds are to be calculated, for the time from or at which and the manner in which any payments are to be made, for the making of adjustments between one financial year and another, and for any other incidental or ancillary matters.", "qas": []}]}, {"title": "Article 286 Restrictions as to imposition of tax on the sale or purchase of goods..txt", "paragraphs": [{"context": "Article 286 Restrictions as to imposition of tax on the sale or purchase of goods.(1) No law of a State shall impose, or authorise the imposition of, a tax on the sale or purchase of goods where such sale or purchase takes place \u2014(a) outside the State; or(b) in the course of the import of the goods into, or export of the goods out of, the territory of India.(2) Parliament may by law formulate principles for determining when a sale or purchase of goods takes place in any of the ways mentioned in clause (1).(3) Any law of a State shall, in so far as it imposes, or authorises the imposition of, \u2014(a) a tax on the sale or purchase of goods declared by Parliament by law to be of special importance in inter-State trade or commerce; or(b) a tax on the sale or purchase of goods, being a tax of the nature referred to in sub-clause (b), subclause (c) or sub-clause (d) of clause (29A) of article 366,be subject to such restrictions and conditions in regard to the system of levy, rates and other incidents of the tax as Parliament may by law specify.", "qas": []}]}, {"title": "Article 302 Power of Parliament to impose restrictions on trade, commerce and intercourse..txt", "paragraphs": [{"context": "Article 302 Power of Parliament to impose restrictions on trade, commerce and intercourse.Parliament may by law impose such restrictions on the freedom of trade, commerce or intercourse between one State and another or within any part of the territory of India as may be required in the public interest.", "qas": []}]}, {"title": "Article 103 Decision on questions as to disqualifications of members..txt", "paragraphs": [{"context": "Article 103 Decision 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 question shall be referred for the decision of the President and his decision shall be final.(2) Before giving any decision on any such question, the President shall obtain the opinion of the Election Commission and shall act according to such opinion.Debate SummaryArticle 83-A, Draft Constitution, 1948Decision on question as to disqualifications of members.(1) If any question arises as to whether a member of either House of parliament has been subject to any of the disqualifications mentioned in clause (1) of the last preceding Article, the question shall be referred for the decision of the President and his decision shall be final.(2)Before giving any decision on any such question. The President shall obtain the opinion of the Election Commission and shall act according to such opinion.Draft Article 83-A was not a part of the original Draft Constitution, 1948. It was introduced by the Draft Committee on 1st August 1949. The Draft Article made the President of India, the final authority on deciding matters relating to the disqualification of the members of the Parliament.The Draft Article was adopted without any debate on1st August 1949.", "qas": []}]}, {"title": "Article 323B Tribunals for other matters..txt", "paragraphs": [{"context": "Article 323B Tribunals for other matters.(1) The appropriate Legislature may, by law, provide for the adjudication or trial by tribunals of any disputes, complaints, or offences with respect to all or any of the matters specified in clause (2) with respect to which such Legislature has power to make laws.(2) The matters referred to in clause (1) are the following, namely: \u2014(a) levy, assessment, collection and enforcement of any tax;(b) foreign exchange, import and export across customs frontiers;(c) industrial and labour disputes;(d) land reforms by way of acquisition by the State of any estate as defined in article 31A or of any rights therein or the extinguishment or modification of any such rights or by way of ceiling on agricultural land or in any other way;(e) ceiling on urban property;(f) elections to either House of Parliament or the House or either House of the Legislature of a State, but excluding the matters referred to in article 329 and article 329A;(g) production, procurement, supply and distribution of food-stuffs (including edible oilseeds and oils) and such other goods as the President may, by public notification, declare to be essential goodsfor the purpose of this article and control of prices of such goods;(h) rent, its regulation and control and tenancy issues including the right, title and interest of landlords and tenants;(i)offences against laws with respect to any of the matters specified in sub-clauses (a) to (h)and fees in respect of any of those matters;(j)any matter incidental to any of the matters specified in sub-clauses (a) to (i).(3) A law made under clause (1) may \u2014(a) provide for the establishment of a hierarchy of tribunals;(b) specify the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by each of the said tribunals;(c) provide for the procedure (including provisions as to limitation and rules of evidence) to be followed by the said tribunals;(d) exclude the jurisdiction of all courts, except the jurisdiction of the Supreme Court under article 136, with respect to all or any of the matters falling within the jurisdiction of the said tribunals;(e) provide for the transfer to each such tribunal of any cases pending before any court or any other authority immediately before the establishment of such tribunal as would have been within the jurisdiction of such tribunal if the causes of action on which such suits or proceedings are based had arisen after such establishment;(f) contain such supplemental, incidental and consequential provisions (including provisions as to fees) as the appropriate Legislature may deem necessary for the effective functioning of, and for the speedy disposal of cases by, and the enforcement of the orders of, such tribunals.(4) The provisions of this article shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force. Explanation. \u2014 In this article, \u201cappropriate Legislature\u201d, in relation to any matter, means Parliament or, as the case may be, a State Legislature competent to make laws with respect to such matter in accordance with the provisions of Part XI.", "qas": []}]}, {"title": "Article 311 Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State..txt", "paragraphs": [{"context": "Article 311 Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State.(1) No person who is a member of a civil service of the Union or an all-India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed.(2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges: Provided that where it is proposed after such inquiry, to impose upon him any such penalty, such penalty may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation on the penalty proposed: Provided further that this clause shall not apply \u2014(a) where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or(b) where the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry; or(c) where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State it is not expedient to hold such inquiry.(3) If, in respect of any such person as aforesaid, a question arises whether it is reasonably practicable to hold such inquiry as is referred to in clause (2), the decision thereon of the authority empowered to dismiss or remove such person or to reduce him in rank shall be final.", "qas": []}]}, {"title": "Article 50 Separation of judiciary from executive..txt", "paragraphs": [{"context": "Article 50 Separation of judiciary from executive.The State shall take steps to separate the judiciary from the executive in the public services of the State.Debate SummaryArticle 39-A was not part of the Draft Constitution 1948, it was introduced in the Constituent Assembly and discussed on 24 and 25 November 1948. It directed the State to separate the judiciary and executive in the public services within 3 years.The Draft Article enjoyed wide support. For the most part of colonial India, the judicial and executive wings of administration were fused \u2013 Indians felt this compromised judicial independence. Assembly members recounted that the separation of the executive and judiciary was a long-standing demand of the freedom movement. This demand was made at the very first meeting of the Congress in 1885 and thereafter in a range of Congress resolutions. One member was reluctant to support the Article. He suggested that the separation principle was important in the context of a foreign government, but was not sure of its salience in an independent India. He was concerned that the Draft Article would, in practice, give the judiciary undue power leading to judicially excess. In response, another member argued that judicial independence was far more critical with the \u2018advent of democracy and freedom\u2019.The Draft Article\u2019s three-year time limit did not go down well with the Assembly. Members felt that the Directive Principles of State policy must only mention broad principles and not go into the details of implementation like time-limits; An amendment was then moved to remove the three-year time limit. At the end of the debate, the Assembly adopted the Draft Article with the amendment", "qas": []}]}, {"title": "Article 237 Application of the provisions of this Chapter to certain class or classes of magistrates..txt", "paragraphs": [{"context": "Article 237 Application of the provisions of this Chapter to certain class or classes of magistrates.The Governor may by public notification direct that the foregoing provisions of this Chapter and any rules made thereunder shall with effect from such date as may be fixed by him in that behalf apply in relation to any class or classes of magistrates in the State as they apply in relation to persons appointed to the judicial service of the State subject to such exceptions and modifications as may be specified in the notification.", "qas": []}]}, {"title": "Article 32 Remedies for enforcement of rights conferred by this Part..txt", "paragraphs": [{"context": "Article 32 Remedies for enforcement of rights conferred by this Part.(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.(3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2).(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.Debate SummaryArticle 25, Draft Constitution of India, 1948(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.(2) The Supreme Court shall have power to issue directions or orders in the nature of the writs of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.(3) Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2) of this article.(4) The rights guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.The Constituent Assembly took up Draft 25 for debate on the 9 December 1948. The Draft Article gives citizens the right to approach the Supreme Court for constitutional remedies when their fundamental rights are violated The Assembly was unanimous about the importance of the Article. Members referred to the provision in terms that included \u2018the crowning section\u2019 and \u2018very soul\u2026 and the very heart of the Constitution\u2019. However, some amendments were moved. A member wanted to remove the mention of specific writs in the provision. He felt that this would constrain judges: they would not be able to evolve new writs in the future. Another member was unhappy with clause 4 that allowed forthe suspension of the Draft Article during an emergencywhich he termed as a \u2018dangerous situation\u2019.It was clarified that the specific writs mentioned in the provision were in existence in Great Britain for a very long time, they have been tried and tested, and most lawyers, judges and jurists were familiar with them. It was further statedthat it was near to impossible to improve upon the existing writs and therefore there really was no possibility of new writs emerging. On the question of suspension of the Draft Article, it was arguedthat is was reasonable to suspend or limit fundamental rights during an emergency as the very life of the State was at stake.The Draft Article was adopted with some amendments.", "qas": []}]}, {"title": "Article 251 Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the Legislatures of States..txt", "paragraphs": [{"context": "Article 251 Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the Legislatures of States.Nothing in articles 249 and 250 shall restrict the power of the Legislature of a State to make any law which under this Constitution it has power to make, but if any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament has under either of the said articles power to make, the law made by Parliament, whether passed before or after the law made by the Legislature of the State, shall prevail, and the law made by the Legislature of the State shall to the extent of the repugnancy, but so long only as the law made by Parliament continues to have effect, be inoperative.", "qas": []}]}, {"title": "Article 31C Saving of laws giving effect to certain directive principles..txt", "paragraphs": [{"context": "Article 31C Saving of laws giving effect to certain directive principles.Notwithstanding anything contained in article 13, no law giving effect to the policy of the State towards securing 4 [all or any of the principles laid down in Part IV] shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by article 14 or article 19and no law containing a declaration that it is for giving effect to such policy shall be called in question in any court on the ground that it does not give effect to such policy:Provided that where such law is made by the Legislature of a State, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent.Debate SummaryThe Article was inserted by the Constitution (Twenty-fifth Amendment) Act, 1971.", "qas": []}]}, {"title": "Article 77 Conduct of business of the Government of India..txt", "paragraphs": [{"context": "Article 77 Conduct 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 of the President shall be authenticated in such manner as may be specified in rulesto be made by the President, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the President.(3) The President shall make rules for the more convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said business.Debate SummaryDraft Article 641) 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 of the President shall be authenticated in such manner as may be specified in rules to be made by the President, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the President.Draft Article 64 (Article 77 of the Constitution of India, 1950) was debated on 7th January 1949. This article governed the executive business of the Government of India.A member moved an amendment to replace \u2018President\u2019 with the \u2018Government of India\u2019 so that all executive business was done in the name of the Government. He argued that the \u2018personal and direct form\u2019 needed to be replaced with \u2018impersonal and collective form\u2019. Another member in response pointedout that the \u2018executive power is co-extensive with the power of the Legislature\u2019. The President is an important link between the legislature and the executive. He also reminded that in effect, the President cannot act independently but only on the advice of the Cabinet and the Prime Minister. Hence this proposal was unnecessary.The Assembly did not accept any amendments; it adopted the Draft Article on 7 January 1949.", "qas": []}]}, {"title": "Article 32A Constitutional validity of State laws not to be considered in proceedings under article 32..txt", "paragraphs": [{"context": "Article 32A Constitutional validity of State laws not to be considered in proceedings under article 32.[Constitutional validity of State laws not to be considered in proceedings under article 32.] Rep. by the Constitution (Forty-third Amendment) Act, 1977, s. 3 (w.e.f. 13-4-1978).", "qas": []}]}, {"title": "Article 236 Interpretation..txt", "paragraphs": [{"context": "Article 236 Interpretation.In this Chapter \u2014(a) the expression \"district judge\" includes judge of a city civil court, additional district judge, joint district judge, assistant district judge, chief judge ofa small cause court, chief presidency magistrate, additional chief presidency magistrate, sessions judge, additional sessions judge and assistant sessions Judge;(b) the expression \u201cjudicial service\u201d means a service consisting exclusively of persons intended to fill the post of district judge and other civil judicial posts inferior to the post of district judge.", "qas": []}]}, {"title": "Article 363A Recognition granted to Rulers of Indian States to cease and privy purses to be abolished..txt", "paragraphs": [{"context": "Article 363A Recognition granted to Rulers of Indian States to cease and privy purses to be abolished.Notwithstanding anything in this Constitution or in any law for the time being in force \u2014(a) the Prince, Chief or other person who, at any time before the commencement of the Constitution (Twenty-sixth Amendment) Act, 1971, was recognised by the President as the Ruler of an Indian State or any person who, at any time before such commencement, was recognised by the President as the successor of such ruler shall, on and from such commencement, cease to be recognised as such Ruler or the successor of such Ruler;(b) on and from the commencement of the Constitution (Twenty-sixth Amendment) Act, 1971, privy purse is abolished and all rights, liabilities and obligations in respect of privy purse are extinguished and accordingly the Ruler or, as the case may be, the successor of such Ruler, referred to in clause (a) or any other person shall not be paid any sum as privy purse.", "qas": []}]}, {"title": "Article 355 Duty of the Union to protect States against external aggression and internal disturbance..txt", "paragraphs": [{"context": "Article 355 Duty of the Union to protect States against external aggression and internal disturbance.It shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the Government of every State is carried on in accordance with the provisions of this Constitution", "qas": []}]}, {"title": "Article 243Z Audit of accounts of Municipalities..txt", "paragraphs": [{"context": "Article 243Z Audit of accounts of Municipalities.The Legislature of a State may, by law, make provisions with respect to the maintenance of accounts by the Municipalities and the auditing of such accounts.", "qas": []}]}, {"title": "Article 142 Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc..txt", "paragraphs": [{"context": "Article 142 Enforcement 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 it, and any decree so passed order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by orderprescribe.(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.Debate SummaryArticle 142, Draft Constitution, 1948(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 it, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament.(2) Subject to the provisions of any law made in this behalf by Parliament the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.Draft Article 118 (Article 142) was debated on 27th May 1949. It stated that any decree or order passed by the Supreme Court to do complete justice was enforceable throughout the territory of India.The Draft Article was accepted without debate and adopted by the Assembly on 27th May 1949.", "qas": []}]}, {"title": "Article 271 Surcharge on certain duties and taxes for purposes of the Union..txt", "paragraphs": [{"context": "Article 271 Surcharge on certain duties and taxes for purposes of the Union.Notwithstanding anything in articles 269 and 270, Parliament may at any time increase any of the duties or taxes referred to in those articles by a surcharge for purposes of the Union and the whole proceeds of any such surcharge shall form part of the Consolidated Fund of India.", "qas": []}]}, {"title": "Article 96 The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.txt", "paragraphs": [{"context": "Article 96 The 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 the removal of the Deputy Speaker from his office is under consideration, the Deputy Speaker, shall not, though he is present, preside, and the provisions of clause (2) of article 95 shall apply in relation to everysuch sitting as they apply in relation to a sitting from which the Speaker, or, as the case may be, the Deputy Speaker, is absent.(2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the House of the People while any resolution for his removal from office is under consideration in the House and shall, notwithstanding anything in article 100, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votesDebate Summary78-A, Draft Constitution 1948At 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 the removal of the Deputy Speaker from his office is under consideration, the Deputy Speaker, shall not, though he is present, preside and the provisions of clause (2) of the last preceding article shall apply in relation to every such sitting as they apply in relation to a sitting from which the Speaker or, as the case may be, the Deputy Speaker, is absent.Draft Article 78-A was discussed on19 May 1949. It was not a part of the initial Draft Constitution, 1948. The Drafting Committee introduced it as anamendment. It barred the Speaker and Deputy Speaker of the House of the People from presiding sittings dealing with any resolution seeking their removal.A member of the Drafting Committee introduced the provision and noted that it was analogous to that of the Draft Article 75-A. There was no further debate.The Constituent Assembly adopted the DraftArticle on 19 May 1949.", "qas": []}]}, {"title": "Article 243E Duration of Panchayats, etc..txt", "paragraphs": [{"context": "Article 243E Duration of Panchayats, etc.(1) Every Panchayat, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer.(2) No amendment of any law for the time being in force shall have the effect of causing dissolution of a Panchayat at any level, which is functioning immediately before such amendment, till the expiration of its duration specified in clause (1).(3) An election to constitute a Panchayat shall be completed \u2014(a) before the expiry of its duration specified in clause (1);(b) before the expiration of a period of six months from the date of its dissolution: Provided that where the remainder of the period for which the dissolved Panchayat would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Panchayat for such period.(4) A Panchayat constituted upon the dissolution of a Panchayat before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Panchayat would have continued under clause (1) had it not been so dissolved.", "qas": []}]}, {"title": "Article 255 Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only.txt", "paragraphs": [{"context": "Article 255 Requirements as to recommendations and previous sanctions to be regarded as matters of procedure onlyNo Act of Parliament or of the Legislature of a Stateand no provision in any such Act, shall be invalid by reason only that some recommendation or previous sanction required by this Constitution was not given, if assent to that Act was given \u2014(a) where the recommendation required was that of the Governor, either by the Governor or by the President;(b) where the recommendation required was that of the Rajpramukh, either by the Rajpramukh or by the President;(c) where the recommendation or previous sanction required was that of the President, by the President.", "qas": []}]}, {"title": "Article 264 Interpretation..txt", "paragraphs": [{"context": "Article 264 Interpretation.In this Part, \u201cFinance Commission\u201d means a Finance Commission constituted under article 280.", "qas": []}]}, {"title": "Article 140 Ancillary powers of Supreme Court..txt", "paragraphs": [{"context": "Article 140 Ancillary powers of Supreme Court.Parliament 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 to be necessary or desirable for the purpose of enabling the Court more effectively to exercise the jurisdiction conferred upon it by or under this Constitution.Debate SummaryArticle 116, Draft Constitution, 1948Parliament 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 to be necessary or desirable for the purpose of enabling the court more effectively to exercise the jurisdiction conferred upon it by or under this Constitution.Draft Article 116 (Article 140) was debated on 27th May 1949. It authorized Parliament to expand the Supreme Court\u2019s jurisdiction and powers.The Draft Article was accepted without debate and adopted by the Assembly on 27th May 1949.", "qas": []}]}, {"title": "Article 333 Representation of the Anglo-Indian community in the Legislative Assemblies of the States..txt", "paragraphs": [{"context": "Article 333 Representation of the Anglo-Indian community in the Legislative Assemblies of the States.Notwithstanding anything in article 170, the Governor of a State may, if he is of opinion that the Anglo-Indian community needs representation in the Legislative Assembly of the State and is not adequately represented therein, nominate one member of that community to the Assembly.", "qas": []}]}, {"title": "Article 243N Continuance of existing laws and Panchayats..txt", "paragraphs": [{"context": "Article 243N Continuance of existing laws and Panchayats.Notwithstanding anything in this Part, any provision of any law relating to Panchayats in force in aState immediately before the commencement of the Constitution (Seventy-third Amendment) Act, 1992, which is inconsistent with the provisions of this Part, shall continue to be in force until amended or repealed by a competent Legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier: Provided that all the Panchayats existing immediately before such commencement shall continue till the expiration of their duration, unless sooner dissolved by a resolution passed to that effect by the Legislative Assembly of that State or, in the case of a State having a Legislative Council, by each House of the Legislature of that State.", "qas": []}]}, {"title": "Article 371C Special provision with respect to the State of Manipur..txt", "paragraphs": [{"context": "Article 371C Special provision with respect to the State of Manipur.(1) Notwithstanding anything in this Constitution, the President may, by order made with respect to the State of Manipur, provide for the constitution and functions of a committee of the Legislative Assembly of the State consisting of members of that Assembly elected from the Hill Areas of that State, for the modifications to be made in the rules of business of the Government and in the rules of procedure of the Legislative Assembly of the State and for any special responsibility of the Governor in order to secure the proper functioning of such committee.(2) The Governor shall annually, or whenever so required by the President, make a report to the President regarding the administration of the Hill Areas in the State of Manipur and the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said areas. Explanation.\u2014In this article, the expression \u201cHill Areas\u201d means such areas as the President may, by order, declare to be Hill areas.", "qas": []}]}, {"title": "Article 244(1) Provisions as to the Administration and Control of Scheduled Areas and Scheduled Tribes.txt", "paragraphs": [{"context": "Article 244(1) Provisions as to the Administration and Control of Scheduled Areas and Scheduled TribesPART AGeneral1. Interpretation.\u2014In this Schedule, unless the context otherwise requires, the expression \u201cState\u201d does not include the States of Assam Meghalaya, Tripura and Mizoram.2. Executive power of a State in Scheduled Areas.\u2014Subject to the provisions of this Schedule, the executive power of a State extends to the Scheduled Areas therein.3. Report by the Governor to the President regarding the administration of Scheduled Areas.\u2014The Governor of each State having Scheduled Areas therein shall annually, or whenever so required by the President, make a report to the President regarding the administration of the Scheduled Areas in that State and the executive power of the Union shallextend to the giving of directions to the State as to the administration of the said areas.PART BAdministration And Control Of Scheduled Areas And Scheduled Tribes4. Tribes Advisory Council.\u2014(1) There shall be established in each Statehaving Scheduled Areas therein and, if the President so directs, also in anyState having Scheduled Tribes but not Scheduled Areas therein, a TribesAdvisory Council consisting of not more than twenty members of whom, asnearly as may be, three-fourths shall be the representatives of the ScheduledTribes in the Legislative Assembly of the State:Provided that if the number of representatives of the Scheduled Tribes inthe Legislative Assembly of the State is less than the number of seats in theTribes Advisory Council to be filled by such representatives, the remainingseats shall be filled by other members of those tribes.(2) It shall be the duty of the Tribes Advisory Council to advise on suchmatters pertaining to the welfare and advancement of the Scheduled Tribesin the State as may be referred to them by the Governor.(3) The Governor may make rules prescribing or regulating, as thecase may be,\u2014(a) the number of members of the Council, the mode of theirappointment and the appointment of the Chairman of the Council and ofthe officers and servants thereof;(b) the conduct of its meetings and its procedure in general; and(c) all other incidental matters.5. Law applicable to Scheduled Areas.\u2014(1) notwithstanding anythingin this Constitution, the Governormay by public notification direct thatany particular Act of Parliament or of the Legislature of the State shall notapply to a Scheduled Area or any part thereof in the State or shall apply toa Scheduled Area or any part thereof in the State subject to such exceptionsand modifications as he may specify in the notification and any directiongiven under this sub-paragraph may be given so as to have retrospectiveeffect.(2) The Governormay make regulations for the peace and goodgovernment of any area in a State which is for the time being a ScheduledArea.In particular and without prejudice to the generality of the foregoingpower, such regulations may\u2014(a) prohibit or restrict the transfer of land by or among members ofthe Scheduled Tribes in such area;(b) regulate the allotment of land to members of the Scheduled Tribesin such area;(c) regulate the carrying on of business as money-lender by personswho lend money to members of the Scheduled Tribes in such area.(3) In making any such regulation as is referred to in sub-paragraph (2)of this paragraph, the Governor may repeal or amend any Act of Parliament or of the Legislature of the State or any existing law which is for the timebeing applicable to the area in question.(4) All regulations made under this paragraph shall be submitted forthwithto the President and, until assented to by him, shall have no effect.(5) No regulation shall be made under this paragraph unless theGovernormaking the regulation has, in the case where there is a TribesAdvisory Council for the State, consulted such Council.6. Scheduled Areas.\u2014(1) In this Constitution, the expression \u201cScheduledAreas\u201d means such areas as the President may by order3 declare to beScheduled Areas.(2) The President may at any time by order\u2014(a) Direct that the whole or any specified part of a Scheduled Areashall cease to be a Scheduled Area or a part of such an area;(aa) increase the area of any Scheduled Area in a State afterconsultation with the Governor of that State;(b) alter, but only by way of rectification of boundaries, any ScheduledArea;(c) on any alteration of the boundaries of a State or on the admission into the Union or the establishment of a new State, declare any territorynot previously included in any State to be, or to form part of, a Scheduled Area;(d) rescind, in relation to any State or States, any order or orders made under this paragraph, and in consultation with the Governor of theState concerned, make fresh orders redefining the areas which are to be Scheduled Areas; and any such order may contain such incidental and consequential provisionsas appear to the President to be necessary and proper, but save as aforesaid,the order made under sub-paragraph (1) of this paragraph shall not be variedby any subsequent order.PART DAmendment Of The Schedule7. Amendment of the Schedule.\u2014(1) Parliament may from time to timeby law amend by way of addition, variation or repeal any of the provisionsof this Schedule and, when the Schedule is so amended, any reference to thisSchedule in this Constitution shall be construed as a reference to such Scheduleas so amended.(2) No such law as is mentioned in sub-paragraph (1) of this paragraphshall be deemed to be an amendment of this Constitution for the purposesof article 368.", "qas": []}]}, {"title": "Article 123 Power of President to promulgate Ordinances during recess of Parliament..txt", "paragraphs": [{"context": "Article 123 Power 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 action, he may promulgate such Ordinances as the circumstances appear to him to require.(2) An Ordinance promulgated under this article shall have the same force and effect as an Act of Parliament, but every such Ordinance \u2014(a) shall be laid before both Houses of Parliament and shall cease to operate at the expiration of six weeks from the reassembly of Parliament, or, if before the expiration of that period resolutions disapproving it are passed by both Houses, upon the passing of the second of those resolutions; and(b) may be withdrawn at any time by the President.   Explanation.\u2014Where the Houses of Parliament are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause.(3) If and so far as an Ordinance under this article makes any provision which Parliament would not under this Constitution be competent to enact, it shall be void.Debate SummaryArticle 102, Draft Constitution, 1948(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 action, he may promulgate such Ordinances as the circumstances appear to him to require.(2) An Ordinance promulgated under this article shall have the same force and effect as an Act of Parliament assented to by the President, but every such Ordinance-(a) Shall be laid before both Houses of Parliament and shall cease to operate at the expiration of six weeks from the re-assembly of Parliament, or, if before the expiration of that period resolutions disapproving it are passed by both Houses, upon the passing of the second of those resolutions; and(b) May be withdrawn at any time by the President.Explanation:--Where the Houses of Parliament are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause.(3) If and so far as an Ordinance under this article makes any provision which Parliament would not under this Constitution be competent to enact, it shall be void.Draft Article 102 (Article 123) was debated on 23rd May 1949. It laid out the scope and limitations of the President\u2019s power to pass ordinances.One member proposed that clause (1) be amended to restrict the ordinance-making power to when neither House of Parliament was in session, as the existing provision was too expansive. The Chairman of the Drafting Committee countered that this would render the power useless because both Houses of Parliament was involved in the passage of legislation. Hence, it was necessary to allow the President to exercise these powers even if one House was in session, because then \u2018the framework for passing law in the ordinary process does not exist\u2019.Another member proposed that clause (1) be amended to include the proviso that no ordinance could \u2018deprive any citizen of his right to personal liberty except on conviction after trial by a competent court of law.\u2019 He justified this amendment by referring to the passage of ordinances in the British Provinces, which had subjected people to prolonged detention and deprived them of a trial. Even in emergency situationscitizens should not be denied ofbasic fundamental rights. In response, the Chairman of the Drafting Committee stated that clause (3) of the Draft Article already stipulated that ordinances would be \u2018subject to the same limitations as a law made by the legislature by the ordinary process\u2019, including the requirement to pass laws that were congruent with the Fundamental Rights. Since Draft Article 15 (Article 21) already provided this protection to citizens, this amendment was unnecessary.A member suggested an amendment which required ordinances to be placed before Parliament within four weeks from the date of promulgation. He argued that when read with Draft Article 69(Article 85), the effect of this provision was that an ordinance could potentially be in effect for up to seven-and-a-half months, which was an excessively long period of time. The imposition of a fixed time period within which an ordinance would expire was a necessary safeguard against the misuse of legislative power. While other members agreed with the reasoning behind this amendment, there was disagreement about the time period. One member proposed that the ordinance should automatically expire thirty days from the date of its promulgation. Another member proposed that the clause be amended to ensure that an ordinance was laid before both houses immediately after reassembly of Parliament, wherein it would cease to operate unless approved by either House. In response, the Chairman of the Drafting Committee contended that these amendments did not account for emergency situations in which Parliament simply could not reconvene within the stipulated time frame. He argued that this was an emergency power with a very restricted scope and that there were sufficient safeguards within the Draft Article and the other partsof the Constitution which would prevent misuse.The proposed amendments were negatived, and the Draft Article was accepted by the Assembly. It was adopted on 23rd May 1949.", "qas": []}]}, {"title": "Article 130 Seat of Supreme Court..txt", "paragraphs": [{"context": "Article 130 Seat of Supreme Court.The 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.Debate SummaryDuring the debate on Draft Article 108 (Article 129), a member argued that making Delhi the seat of the Supreme Court was improper and gave the city undue importance. In response, the Chairman of the Drafting Committee proposed that the matter be dealt with in a separate article, and moved an amendment to insert the following provision after Draft Article 108:\u2018108-A. The Supreme Court shall sit in Delhi or at such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time,appoint.\u2019The insertion of Draft Article 108-A (Article 130) was debated on 27th May 1949. It stated that the Supreme Court would sit in Delhi, with the Chief Justice retaining the power to change this.The Chairman of the Drafting Committee justified the need to specify Delhi as the seat, stating that it was necessary for all courts to have a defined seat so that litigants would know where to approach the court. Moreover, since Delhi was the capital during the debates, it was the most appropriate city to be the seat of the Supreme Court; if the capital was changed in the future, the language of the Draft Article was flexible enough to change the seat of the Supreme Court without a constitutional amendment.One member moved two different amendments (here and here) to clarify the meaning of the Draft Article. He argued that the language of the clause was ambiguous, and it could be interpreted to exclude Delhi from the list of \u2018other place or places\u2019 selected by the Chief Justice. Therefore, if the Chief Justice decided to create circuit courts due to an increase in the Supreme Court\u2019s workload, he would be prevented from doing so by the language of the Draft Article. In response, a member stated that the language of the Draft Article was clear enough, and that the amendment by the member was needlessly complex.The amendment proposed by the Chairman of the Drafting Committee was accepted by the Assembly, while other amendments were withdrawn by the proposing member. The amended Draft Article was adopted on 27th May 1949.", "qas": []}]}, {"title": "Article 354 Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation..txt", "paragraphs": [{"context": "Article 354 Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation.(1) The President may, while a Proclamation of Emergency is in operation, by order direct that all or any of the provisions of articles 268 to 279 shall for such period, not extending in any case beyond the expiration of the financial year in which such Proclamation ceases to operate, as may be specified in the order, have effect subject to such exceptions or modifications as he thinks fit.(2) Every order made under clause (1) shall, as soon as may be after it is made, be laid before each House of Parliament.", "qas": []}]}, {"title": "Article 175 Right of Governor to address and send messages to the House or Houses..txt", "paragraphs": [{"context": "Article 175 Right of Governor to address and send messages to the House or Houses.(1) The Governor may address the Legislative Assembly or, in the case of a State having a Legislative Council, either House of the Legislature of the State, or both Houses assembled together, and may for that purpose require the attendance of members.(2) The Governor may send messages to the House or Houses of the Legislature of the State, whether with respect to a Bill then pending in the Legislature or otherwise, and a House to which any message is so sent shall with all convenient despatch consider any matter required by the message to be taken into consideration.", "qas": []}]}, {"title": "Article 243ZC Part not to apply to certain areas..txt", "paragraphs": [{"context": "Article 243ZC Part not to apply to certain areas.(1) Nothing in this Part shall apply to the Scheduled Areas referred to in clause (1), and the tribal areas referred to in clause (2), of article 244.(2) Nothing in this Part shall be construed to affect the functions and powers of the Darjeeling Gorkha Hill Council constituted under any law for the time being in force for the hill areas of the district of Darjeeling in the State of West Bengal.(3) Notwithstanding anything in this Constitution, Parliament may, by law, extend the provisions of this Part to the Scheduled Areas and the tribal areas referred to in clause (1) subject to such exceptions and modifications as may be specified in such law, and no such law shall be deemed to be an amendment of this Constitution for the purposes of article 368.", "qas": []}]}, {"title": "Article 18 Abolition of titles..txt", "paragraphs": [{"context": "Article 18 Abolition of titles.(1) No title, not being a military or academic distinction, shall be conferred by the State.(2) No citizen of India shall accept any title from any foreign State.(3) No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign State.(4) No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State.Debate SummaryDraft Constitution of India, 194812. (1) No title shall be conferred by the State.(2) No citizen of India shall accept any title from any foreign State.(3) No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, title or office of any kind from or under any foreign StateArticle 18 (Draft Article 12) was debated on 30 November 1948 and 1 December 1948.The Constituent Assembly wasunanimous about the underlying principlebehind the Article: the continuation of titles in post-independentIndia would accentuate the problem of hierarchies in Indian society. From the debates, it was clear that the Article placed obligations on both the State and the citizen: the former to not recognise or confer a title and the later, to not accept one.The Assembly grappled with the question of implementation: what should be the consequences if a citizen accepts a title or the state recognised and conferred one? It was clarified that parliament could in the future pass laws that prescribed appropriate penalties and measures.Also, it was decided that titles related to military and academic distinction would be an exception to the Article. The Assembly then adopted the Article with amendment.", "qas": []}]}, {"title": "Article 21 Protection of life and personal liberty..txt", "paragraphs": [{"context": "Article 21 Protection of life and personal liberty.No person shall be deprived of his life or personal liberty except according to procedure established by law.Debate SummaryArticle 15, Draft Constitution of India, 1948No person shall be deprived of his life or personal liberty except according to procedure established by law, nor shall any person be denied equality before the law or the equal protection of the laws within the territory of IndiaDraft Article 15 was debated in the Constituent Assembly on the 6th and 13th of December 1948.Most members who took part in the debate proposed amendments that wanted to replace \u2018according to procedure established by law\u2019 with \u2018without due process of law\u2019.Members argued that this term was insufficient as the legislature of the day could pass laws establishing procedures that can place civil liberties in danger; the judiciary could only check if the established procedures were followed could not review the law itself for adherence to fundamental rights. The inclusion of the \u2018due process\u2019 term into the provision, therefore, would allow the judiciary to investigate if the law itself is consistent with provisions of fundamental rights and would be in a position to protect civil liberties. Other members that pointed out the dangers of \u2018due process\u2019 termargued that allowing for judges, who are not immune to prejudices and biases, to sit in judgment of laws passed by the legislature would be undermining the authority of the legislature and hence, un-democratic.At voting,the Assembly passed the Draft article with the term \u2018according to procedure established by law\u2019 intact.", "qas": []}]}, {"title": "Article 219 Oath or affirmation by Judges of High Courts..txt", "paragraphs": [{"context": "Article 219 Oath or affirmation by Judges of High Courts.Every person appointed to be a Judge of a High Courtshall, before he enters upon his office, make and subscribe before the Governor of the State, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.", "qas": []}]}, {"title": "Article 13 Laws inconsistent with or in derogation of the fundamental rights.txt", "paragraphs": [{"context": "Article 13 Laws inconsistent with or in derogation of the fundamental rights(1) All laws in force in the territory of India immediately before the commencement of this Constitution, 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 of this clause shall, to the extent of the contravention, be void.(3) In this article, unless the context otherwise requires,\u2014   (a) \u201claw\u201d includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law;   (b) \u201claws in force\u201d includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.(4) Nothing in this article shall apply to any amendment of this Constitution made under article 368Debate SummaryArticle 13 (Draft Article 8) was debated in the Constituent Assembly on the 25th, 26th and 29th, November 1948. The Article declares thatlaws before the commencement of the Constitution of India, 1950 that are inconsistent with the Part III \u2013 Fundamental Rights section of the Constitution as void. Also, Article 13 instructs the State to not make any law that violates the provisions under Part III. Further, the Article defines \u2018law\u2019.There seemed to be some lack of clarity on the wording of the Article: on reading together all the subclasses of the Article, did Article 13 give the State the power to make \u2018custom\u2019? It was clarified that this was not the case. Nonetheless, an amendment was moved to achieve greater clarity. The Constituent Assembly adopted Article 13 with amendment. ", "qas": []}]}, {"title": "Article 217 Appointment and conditions of the office of a Judge of a High Court..txt", "paragraphs": [{"context": "Article 217 Appointment and conditions of the office of a Judge of a High Court.(1) Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court, and shall hold office, in the case of an additional or acting Judge, as provided in article 224, and in any other case, until he attains the age of sixty two years: Provided that \u2014(a) a Judge may, by writing under his hand addressed to the President, resign his office;(b) a Judge may be removed from his office by the President in the manner provided in clause (4) of article 124 for the removal of a Judge of the Supreme Court;(c) the office of a Judge shall be vacated by his being appointed by the President to be a Judge of the Supreme Court or by his being transferred by the President to any other High Court within the territory of India.(2) A person shall not be qualified for appointment as a Judge of a High Court unless he is a citizen of India and \u2014(a) has for at least ten years held a judicial office in the territory of India; or(b) has for at least ten years been an advocate of a High Court 3 or of two or more such Courts in succession; Explanation. \u2014 For the purposes of this clause \u2014(a) in computing the period during which a person has held judicial office in the territory of India, there shall be included any period, after he has held any judicial office, during which the person has been an advocate of a High Court or has held the office of a member of a tribunal or any post, under the Union or a State, requiring special knowledge of law; (aa)in computing the period during which a person has been an advocate of a High Court, there shall be included any period during which the person has held judicial office or the office of a member of a tribunal or any post, under the Union or a State, requiring special knowledge of lawafter he became an advocate;(b) in computing the period during which a person has held judicial office in the territory of India or been an advocate of a High Court, there shall be included any period before the commencement of this Constitution during which he has held judicial office in any area which was comprised before the fifteenth day of August, 1947, within India as defined by the Government of India Act, 1935, or has been an advocate of any High Court in any such area, as the case may be.(3) If any question arises as to the age of a Judge of a High Court, the question shall be decided by the President after consultation with the Chief Justice of India and the decision of the President shall be final.", "qas": []}]}, {"title": "Article 63 The Vice-President of India..txt", "paragraphs": [{"context": "Article 63 The Vice-President of India.There shall be a Vice-President of India.Debate SummaryArticle 52, Draft Constitution, 1948There shall be a Vice-President of India.Draft Article 52 (Article 63, Constitution of India) was debated on 28 December 1948. It simply stated that India shall have a Vice-President.There was no substantive debate on this Draft Article. The Assembly adopted it without any amendments on 28 December 1948.", "qas": []}]}, {"title": "Article 82 Readjustment after each census..txt", "paragraphs": [{"context": "Article 82 Readjustment after each census.Upon 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 readjusted by such authority and in such manner as Parliament may by law determine:Provided that such readjustment shall not affect representation in the House of the People until the dissolution of the then existing House:Provided further that such readjustment shall take effect from such date as the President may, by order, specify and until such readjustment takes effect, any election to the House may be held on the basis of the territorial constituencies existing before such readjustment:Provided also that until the relevant figures for the first census taken after the year 2026 have been published, it shall not be necessary to readjust -(i) the allocation of seats in the House of People to the States as readjusted on the basis of the 1971 census; and(ii) the division of each State into territorial constituencies as may be readjusted on the basis of the2001 census,under this article.Debate SummaryArticle 67(8), Draft Constitution, 1948Upon the completion of each census the representation of the several States in the Council of States and of the several territorial constituencies in the House of the People shall, subject to the provisions of Article 289 of this Constitution, be readjusted by such authority, in such manner and with effect from such date as Parliament may, by law, determine.Draft Article 67(8) (Article 82, Constitution of India, 1950), was debated on 4th January 1949. It provided for the Parliament to readjust, after completion of each census, seats allocated to the House of the People to the States and division of each State into territorial constituencies.A member moved an amendment to insert \u2018on the basis of population\u2019after the word \u2018readjusted\u2019. He urged that readjustment should be on the basis of population. This amendment was defeated.Another member moved an amendment which proposed to add a proviso to ensure that readjustment would not occur until the dissolution of the existing House. He argued that it would be difficult to readjust existing legislatures and it should begin only after subsequent elections. This amendment was adopted.The Constituent Assembly adopted this article with amendments on 4th January 1949.", "qas": []}]}, {"title": "Article 244 Administration of Scheduled Areas and Tribal Areas..txt", "paragraphs": [{"context": "Article 244 Administration of Scheduled Areas and Tribal Areas.(1) The provisions of the Fifth Schedule shall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in any State other than the States of Assam, Meghalaya, Tripura and Mizoram.(2) The provisions of the Sixth Schedule shall apply to the administration of the tribal areas in the States of Assam Meghalaya, Tripura and Mizoram.", "qas": []}]}, {"title": "Article 150 Form of accounts of the Union and of the States..txt", "paragraphs": [{"context": "Article 150 Form of accounts of the Union and of the States.The accounts of the Union and of the States shall be kept in such form as the President may, on the advice ofthe Comptroller and Auditor-General of India, prescribe.Debate SummaryArticle 126, Draft Constitution, 1948The accounts of the Government of India shall be kept in such form as the Auditor-General of India may, with the approval of the President, prescribe and, in so far as the Auditor-General of India may, with the like approval, give any directions with regard to the methods or principles in accordance with which any accounts of the Government of any State ought to be kept, it shall be the duty of the Government of the State to cause accounts to be kept accordingly.Draft Article 126 (Article 150) was debated on 30th May 1949. It authorized the Auditor-General to prescribe rules for the form of accounts kept by the Government of India.The Draft Article was accepted without debate and adopted by the Assembly on 30th May 1949. It was later substituted through the Constitution (42nd Amendment) Act, 1976 and amended by the Constitution (44th Amendment) Act, 1978.", "qas": []}]}, {"title": "Article 337 Special provision with respect to educational grants for the benefit of Anglo-Indian community..txt", "paragraphs": [{"context": "Article 337 Special provision with respect to educational grants for the benefit of Anglo-Indian community.During the first three financial years after the commencement of this Constitution, the same grants, if any, shall be made by the Union and by each State for the benefit of the Anglo-Indian community in respect of education as were made in the financial year ending on the thirty-first day of March, 1948.During every succeeding period of three years the grants may be less by ten per cent. than those for the immediately preceding period of three years :  Provided that at the end of ten years from the commencement of this Constitution such grants, to the extent to which they are a special concession to the AngloIndian community, shall cease:  Provided further that no educational institution shall be entitled to receive any grant under this article unless at least forty per cent. of the annual admissions therein are made available to members of communities other than the Anglo-Indian community.", "qas": []}]}, {"title": "Article 112 Annual financial statement..txt", "paragraphs": [{"context": "Article 112 Annual 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 Government of India for that year, in this Part referred to as the \u201cannual financial statement\u201d.(2) The estimates of expenditure embodied in the annual financial statement shall show separately \u2014(a) the sums required to meet expenditure described by this Constitution as expenditure charged upon the Consolidated Fund of India; and(b) the sums required to meet other expenditure proposed to be made from the Consolidated Fund of India,and shall distinguish expenditure on revenue account from other expenditure.(3) The following expenditure shall be expenditure charged on the Consolidated Fund of India \u2014(a) the emoluments and allowances of the President and other expenditure relating to his office;(b) the salaries and allowances of the Chairman and the Deputy Chairman of the Council of States and the Speaker and the Deputy Speaker of the House of the People;(c) debt charges for which the Government of India is liable including interest, sinking fund charges and redemption charges, and other expenditure relating to the raising of loans and the service and redemption of debt;(d) (i) the salaries, allowances and pensions payable to or in respect of Judges of the Supreme Court;(ii) the pensions payable to or in respect of Judges of the Federal Court;(iii) the pensions payable to or in respect of Judges of any High Court which exercises jurisdiction in relation to any area included in the territory of India or which at any time before the commencement of this Constitution exercised jurisdiction in relation to any area included in a Governor's Province of the Dominion of India;(e) the salary, allowances and pension payable to or in respect of the Comptroller and Auditor-General of India;(f) any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal;(g) any other expenditure declared by this Constitution or by Parliament by law to be so charged.Debate SummaryArticle 92, Draft Constitution, 1948(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 Government of India for that year, in this Part of this Constitution referred to as the \"annual financial statement\".(2) The estimates of expenditure embodied in the annual financial statement shall show separately-(a) The sums required to meet expenditure described by this Constitution as expenditure charged upon the revenues of India; and(b) The sums required to meet other expenditure proposed to be made from the revenues of India, and shall distinguish expenditure on revenue account from other expenditure.(3) The following expenditure shall be expenditure charged on the revenues of India-(a) The emoluments and allowances of the President and other expenditure relating to his office;(b) The emoluments and allowances of the Chairman and the Deputy Chairman of the Council of States and the Speaker and the Deputy Speaker of the House of the People;(c) Debt charges for which the Government of India is liable including interest, sinking fund charges and redemption charges, and other expenditure relating to the raising of loans and the service and redemption of debt;(d) (i) The salaries, allowances and pensions payable to or in respect of judges of the Supreme Court;(ii) The pensions payable to or in respect of judges of the Federal Court;(iii) The pensions payable to or in respect of judges of any High Court which exercises or immediately before the commencement of this Constitution exercised jurisdiction within any area included in the States for the time being specified in Parts I and II of the First Schedule;(e) Any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal; and(f) Any other expenditure declared by this Constitution or by Parliament by law to be so charged.Draft Article 92 (Article 112, Constitution of India, 1950) was debated on 8th June 1949, 10th June 1949 and 13th October 1949. It regulated the Annual Financial Statement, popularly known as Budget and laid down the scope of expenditure charged to the Consolidated Fund of India.A member moved an amendment that would, in addition to the President, also allow the Finance Minister to present the Annual Financial Statement. He pointed out that even though the President was the head of the Executive, the Finance Minister should be given the opportunity to present Budget \u2013 as he/she directly led the financial administration of the country. Further, he stressed on retaining \u2018complete and exclusive supremacy\u2019 of the Parliament on financial matters.Additionally, this member sought to give the House of the People primacy over the Budget. He argued that equality between both the Houses on finance matters \u2018fundamentally opposed to the basic idea of the Constitution\u2019. Once the Budget was finalised, the Council of the States could be given the copy of the Budget. This would ensure that popular representative will of the people determined the financial decisions of the nation.A member was keen to charge the salaries and allowances of the Ministers and the Members of the Parliament to the Consolidated Fund of India. He argued that clause 3 provides for salaries of a number of members of the constitutional bodies to be considered within the Consolidated Fund, Ministers and members of the Parliament must be treated in the same category.The Assembly rejected all these proposals. It adopted the Article with changes as suggested by the Drafting Committee on 10th June 1949.", "qas": []}]}, {"title": "Article 276 Taxes on professions, trades, callings and employments..txt", "paragraphs": [{"context": "Article 276 Taxes on professions, trades, callings and employments.(1) Notwithstanding anything in article 246, no law of the Legislature of a State relating to taxes for the benefit of the State or of a municipality, district board, local board or other local authority therein in respect of professions, trades, callings or employments shall be invalid on the ground that it relates to a tax on income.(2) The total amount payable in respect of any one person to the State or to any one municipality, district board, local board or other local authority in the State by way of taxes on professions, trades, callings and employments shall not exceed 1 [two thousand and five hundred rupees] per annum.(3) The power of the Legislature of a State to make laws as aforesaid with respect to taxes on professions, trades, callings and employments shall not be construed as limiting in any way the power of Parliament to make laws with respect to taxes on income accruing from or arising out of professions, trades, callings and employments.", "qas": []}]}, {"title": "Article 117 Special provisions as to financial Bills..txt", "paragraphs": [{"context": "Article 117 Special 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 recommendation of the President and a Bill making such provision shall not be introduced in the Council of States:Provided that no recommendation shall be required under this clause for the moving of an amendment making provision for the reduction or abolition of any tax.(2) A Bill or amendment shall not be deemed to make provision for any of the matters aforesaid by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission,alteration or regulation of any tax by any local authority or body for local purposes.(3) A Bill which, if enacted and brought into operation, would involve expenditure from the Consolidated Fund of India shall not be passed by either House of Parliament unless the President has recommended to that House the consideration of the Bill.Debate SummaryArticle 97, Draft Constitution, 1948(1) A Bill or amendment making provision for any of the matters specified in items (a) to (f) of clause (1) of article 90 of this Constitution shall not be introduced or moved except on the recommendation of the President and a Bill making such provision shall not be introduced in the Council of States:Provided that no recommendation shall be required under this clause for the moving of an amendment making provision for the reduction or abolition of any tax.(2) A Bill or amendment shall not be deemed to make provision for any of the matters aforesaid by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.(3) A Bill which, if enacted and brought into operation, would involve expenditure from the revenues of India shall not be passed by either House of Parliament unless the President has recommended to that House the consideration of the Bill.Draft Article 97 (Article 117, Constitution of India, 1950) was debated on 10th June 1949. It laid out special procedural provisions relating to the passage of financial bills. A member proposed that clause 3 of the Draft Article should be amended to prevent the government from spending any money in war-like operations outside the territory of India. This could be allowed only when thePresident sought authorization from the Parliament after providing his reasons in writing. He contended that this would not hinder the ability of the state to defend itself, insteadwould act as a check on the government's unfettered spending on wars. In response, it was argued this amendmentwould limit the executive's power in defending the nation's frontiers and integrity.Another member proposed the deletion of clause 3 of the Draft Article. He argued that this clause could be strictly interpreted to mean that no Bill could be moved in either house of the Parliamentunless on the recommendation of the President, as every Bill would require some government expenditure. In response, a member proposed the amendment of clause 3 to clarify that it would only apply where funds were sought from the Consolidated Fund of India.The aforementioned proposals were voted in negative. The Assembly accepted minor changes proposed by the Drafting Committee and adoptedthe Draft Article on 10th June 1949.", "qas": []}]}, {"title": "Article 116 Votes on account, votes of credit and exceptional grants..txt", "paragraphs": [{"context": "Article 116 Votes 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 \u2014(a) to make any grant in advance in respect of the estimated expenditure for a part of any financialyear pending the completion of the procedure prescribed in article 113 for the voting of such grant and the passing of the law in accordance with the provisions of article 114 in relation to that expenditure;(b) to make a grant for meeting an unexpected demand upon the resources of India when on account of the magnitude or the indefinite character of the service the demand cannot be stated with the details ordinarily given in an annual financial statement;(c) to make an exceptional grant which forms no part of the current service of any financial year;and Parliament shall have power to authorise by law the withdrawal of moneys from the Consolidated Fund of India for the purposes for which the said grants are made.(2) The provisions of articles 113 and 114 shall have effect in relation to the making of any grant under clause (1) and to any law to be made under that clause as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of India to meet such expenditure.Debate SummaryArticle 96, Draft Constitution, 1948If in any financial year expenditure from the revenues of India has been incurred on any service for which the vote of the House of the People is necessary in excess of the amount granted for that service and for that year, a demand for the excess shall be presented to the House of the People and the provisions of articles 93 and 94 of this Constitution shall have effect in relation to such demand as they have effect in relation to a demand for a grant.Draft Article 96 (Article 116) was debated on 10th June 1949. It set out the procedure for making a demand for an excess grant requiring a vote of the House of the People.The Chairman of the Drafting Committee moved an Amendment to wholly replace the Draft Article with the following:'Votes on account, votes on credit and exceptional grants.96. (1) Notwithstanding anything contained in the foregoing provisions of this Chapter, the House ofthe People shall have power--(a) to make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in article 93 of this Constitution for the voting of such grant and the passing of the law in accordance with the provisions of article 94 of this Constitution in relation to that expenditure:(b) to make a grant for meeting an unexpected demand upon the resources of India when on account of the magnitude or the indefinite character of the service the demand cannot be stated with the details ordinarily given in an annual financial statement;(c) to make an exceptional grant which forms no part of the current service of any financial year;and to authorise by law the withdrawal of moneys from the Consolidated Fund of India for the purpose for which the said grants are made.(2) The provisions of articles 93 of this Constitution shall have effect in relation to the making of any grant under clause (1) of this article and to any law to be made under that clause as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of India to meet such expenditure.'The debates in the Assembly were based on this Amendment.The Amendment explicitly granted the House of the People certain powers with respect to votes on account, votes on credit, and exceptional grants, including the power to withdraw money for these grants from the Consolidated Fund of India.A member contended that sub-clause (c) of the Amendment was defective as it allowed the House of the People to \u201cauthorise by law\u201d the withdrawal of money from the Consolidated Fund of India. He noted that the Constitution did not permit only theHouse of the People to authorisewithdrawals - such power vested with the Parliament.His suggestion to replace 'House of the People' with 'Parliament' waspositively received by the Drafting Committee.Another member argued that clause (2) of the Amendment required the House of the People to follow the procedures laid out in Draft Articles 93 and 94 (Articles 113 and 114). He contended that this was an unnecessary procedural burden. In response, a member clarified this Draft Article gave the Parliament flexibility in 'either following or varying the rigid provisions mentioned in these articles'.The Assembly accepted the aforementioned proposals and adopted the Draft Article on 10th June 1949.", "qas": []}]}, {"title": "Article 273 Grants in lieu of export duty on jute and jute products..txt", "paragraphs": [{"context": "Article 273 Grants in lieu of export duty on jute and jute products.(1) There shall be charged on the Consolidated Fund of India in each year as grants-in-aid of the revenues of the States of Assam, Bihar, Orissa and West Bengal, in lieu of assignment of any share of the net proceeds in each year of export duty on jute and jute products to those States, such sums as may be prescribed.(2) The sums so prescribed shall continue to be charged on the Consolidated Fund of India so long as any export duty on jute or jute products continues to be levied by the Government of India or until the expiration of ten years from the commencement of this Constitution whichever is earlier.(3) In this article, the expression \u201cprescribed\u201d has the same meaning as in article 270.", "qas": []}]}, {"title": "Article 168 Constitution of Legislatures in States..txt", "paragraphs": [{"context": "Article 168 Constitution of Legislatures in States.(1) For every State there shall be a Legislature which shall consist of the Governor, and \u2014(a) in the States of Andhra Pradesh,Bihar, Madhya Pradesh, Maharashtra, Karnataka, and Uttar Pradesh, two Houses;(b) in other States, one House.(2) Where there are two Houses of the Legislature of a State, one shall be known as the Legislative Council and the other as the Legislative Assembly, and where there is only one House, it shall be known as the Legislative Assembly.", "qas": []}]}, {"title": "Article 341 Scheduled Castes..txt", "paragraphs": [{"context": "Article 341 Scheduled Castes.(1) The President 2 [may with respect to any State 3 [or Union territory], and where it is a State, after consultation with the Governorthereof,bypublic notification, specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State 2[or Union territory, as the case may be.(2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.", "qas": []}]}, {"title": "Article 149 Duties and powers of the Comptroller and Auditor-General..txt", "paragraphs": [{"context": "Article 149 Duties and powers of the Comptroller and Auditor-General.The 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 as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, shall perform such duties and exercise such powers in relation to the accounts of the Union and of the States as were conferred on or exercisable by the Auditor-General of India immediately before the commencement of this Constitution in relation to the accounts of the Dominion of India and of the Provinces respectivelyDebate SummaryArticle 124, Draft Constitution, 1948The Auditor-General shall perform such duties and exercise such powers in relation to the accounts of the Government of India and of the Government of any State as are or may be prescribed by or under any law made by Parliament.Explanation.-In this article the expression \"law made by Parliament\" includes any existing law for the time being in force in the territory of India.Draft Article 125 (Article 149) was debated in the Constituent Assembly on 30 May 1949. It laid down the duties and powers of the Auditor-General. The debate began with an Assembly member moving an amendment to replace \u2018and of the government of any state\u2019 with \u2018the Government of any State or any other authority\u2019. The member wanted the scope of the Auditor General\u2019s powers and duties to go beyond just State and Union government accounts. He argued that there were plans to set up a number of public sector corporations. While these were autonomous entities, they would receive significant public money and would be using public land and other assets. Hence, parliament should have the power to direct the Auditor-General to scrutinize the accounts of such bodies.A member responded to this amendment agreeing that parliament should have such powers but felt that the text of the article as it stood would allow for this -there was no need to explicitly mention \u2018other authority\u2019 in the Draft Article. There was another strand to the debate: a member felt that the rules that regulated the Auditor General\u2019s powers and duties \u2013 some of which were critical in ensuring the Auditor General\u2019s independence \u2013 had not been included in the Constitution. Instead, these were left for parliament to enact as laws. The chairman of the Drafting Committee agreed to the amendment that proposed to add \u2018other authority\u2019 to the Draft Article. On the question of rules, the chairman was sympathetic to the view but told the member who raised the issue to urge his fellow parliamentarians to enact the rules as laws once the Indian parliament commenced proceedings.The Constituent Assembly accepted the Draft Article with amendment (adding \u2018any other authority\u2019)", "qas": []}]}, {"title": "Article 104 Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified..txt", "paragraphs": [{"context": "Article 104 Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified.If 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 is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by Parliament, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the Union.Debate SummaryArticle 84, Draft Constitution, 1948If a person sits or votes as a member of either House of Parliament before he has complied with the requirements of article 81 of this Constitution, or when he knows that he is not qualified, or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by Parliament, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the Government of India.Draft Article 84 (Article 104, Constitution of India, 1950) was discussed on 19th May 1949. It provided for a penalty for not qualified or disqualified persons who participated or voted in the Parliament.There was no substantive debate around this Draft Article. The Assembly adopted it without amendments on 19th May 1949.", "qas": []}]}, {"title": "Article 371F Special provisions with respect to the State of Sikkim..txt", "paragraphs": [{"context": "Article 371F Special provisions with respect to the State of Sikkim.Notwithstanding anything in this Constitution, \u2014(a) the Legislative Assembly of the State of Sikkim shall consist of not less than thirty members;(b) as from the date of commencement of the Constitution (Thirty-sixth Amendment) Act, 1975 (hereafter in this article referred to as the appointed day) \u2014(i) the Assembly for Sikkim formed as a result of the elections held in Sikkim in April, 1974 with thirty-two members elected in the said elections (hereinafter referred to as the sitting members) shall be deemed to be the Legislative Assembly of the State of Sikkim duly constituted under this Constitution;(ii) the sitting members shall be deemed to be the members of the Legislative Assembly of the State of Sikkim duly elected under this Constitution; and(iii) the said Legislative Assembly of the State of Sikkim shall exercise the powers and perform the functions of the Legislative Assembly of a State under this Constitution;(c) in the case of the Assembly deemed to be the Legislative Assembly of the State of Sikkim under clause (b), the references to the period of five years, in clause (1) of article 172 shall be construed as references to a period of four yearsand the said period of four yearsshall be deemed to commence from the appointed day;(d) until other provisions are made by Parliament by law, there shall be allotted to the State of Sikkim one seat in the House of the People and the State of Sikkim shall form one parliamentary constituency to be called the parliamentary constituency for Sikkim;(e) the representative of the State of Sikkim in the House of the People in existence on the appointed day shall be elected by the members of the Legislative Assembly of the State of Sikkim;(f) Parliament may, for the purpose of protecting the rights and interests of the different sections of the population of Sikkim make provision for the number of seats in the Legislative Assembly of the State of Sikkim which may be filled by candidates belonging to such sections and for the delimitation of the assembly constituencies from which candidatesbelonging to such sections alone may stand for election to the Legislative Assembly of the State of Sikkim;(g) the Governor of Sikkim shall have special responsibility for peace and for an equitable arrangement for ensuring the social and economic advancement of different sections of the population of Sikkim and in the discharge of his special responsibility under this clause, the Governor of Sikkim shall, subject to such directions as the President may, from time to time, deem fit to issue, act in his discretion;(h) all property and assets (whether within or outside the territories comprised in the State of Sikkim) which immediately before the appointed day were vested in the Government of Sikkim or in any other authority or in any person for the purposes of the Government of Sikkim shall, as from the appointed day, vest in the Government of the State of Sikkim;(i) the High Court functioning as such immediately before the appointed day in the territories comprised in the State of Sikkim shall, on and from the appointed day, be deemed to be the High Court for the State of Sikkim;(j) all courts of civil, criminal and revenue jurisdiction, all authorities and all officers, judicial, executive and ministerial, throughout the territory of the State of Sikkim shall continue on and from the appointed day to exercise their respective functions subject to the provisions of this Constitution;(k) all laws in force immediately before the appointed day in the territories comprised in the State of Sikkim or any part thereof shall continue to be in force therein until amended or repealed by a competent Legislature or other competent authority;(l) for the purpose of facilitating the application of any such law as is referred to in clause (k) in relation to the administration of the State of Sikkim and for the purpose of bringing the provisions of any such law into accord with the provisions of this Constitution, the President may, within two years from the appointed day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon, every such law shall have effect subject to the adaptations and modifications so made, and any such adaptation or modification shall not be questioned in any court of law;(m) neither the Supreme Court nor any other court shall have jurisdiction in respect of any dispute or other matter arising out of any treaty, agreement, engagement or other similar instrument relating to Sikkim which was entered into or executed before the appointed day and to which the Government of India or any of its predecessor Governments was a party, but nothing in this clause shall be construed to derogate from the provisions of article 143;(n) the President may, by public notification, extend with such restrictions or modifications as he thinks fit to the State of Sikkim any enactment which is in force in a State in India at the date of the notification;(o) if any difficulty arises in giving effect to any of the foregoing provisions of this article, the President may, by order, do anything (including any adaptation or modification of any other article) which appears to him to be necessary for the purpose of removing that difficulty: Provided that no such order shall be made after the expiry of two years from the appointed day;(p) all things done and all actions taken in or in relation to the State of Sikkim or the territories comprised therein during the period commencing on the appointed day and ending immediately before the date on which the Constitution (Thirty-sixth Amendment) Act, 1975, receives the assent of the President shall, in so far as they are in conformity with the provisions of this Constitution as amended by the Constitution (Thirty-sixth Amendment) Act, 1975, be deemed for all purposes to have been validly done or taken under this Constitution as so amended.", "qas": []}]}, {"title": "Article 30 Right of minorities to establish and administer educational institutions.txt", "paragraphs": [{"context": "Article 30 Right of minorities to establish and administer educational institutions(1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.(1A) In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minorityreferred to in clause (1), the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause.(2) The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.Debate SummaryArticle 30 (Article 23A of the Draft Constitution) secures religious and linguistic minorities the right to establish and administer educational institutions.The Article was debated on 8 December 1948. The main issue that the Assembly discussed was around the need for imparting primary education in one\u2019s mother tongue.One member moved an amendment to restrict the scope of this article to linguistic minorities. He argued that a secular state should not recognise minorities based on religion.Another member proposed to guarantee linguistic minorities the fundamental right to receive primary education in their language and script. He referred to the Government\u2019s 1947 resolution and noted that imparting primary education in one\u2019s mother tongue was a proved educational approach. He further invoked the Nehru Report, which provided for the fundamental right to be educated in one\u2019s mother tongue. He was concerned about the status of minority languages, even in regions which had a significant minority population.This found support from another member who favoured imparting primary education in one\u2019s mother tongue rather than in \u2018alien tongue and script\u2019.A member wanted to qualify this proposal by inserting \u201cin case of substantial number of such students being available\u201d. Since the Constitution secures freedom of movement, people from diverse linguistic backgrounds settle across India. He argued that it is imperative to ensure that primary education in the language of the mother tongue.In opposition, one member remarked that the ghost of 'Two nations' remained in the Assembly. Moreover, he noted that this proposal was economically unsound and would strain the tax-payers\u2019 money unless \u2018substantial number\u2019 of students opt to study in a particular language.The Constituent Assembly rejected the proposal. It adopted the Article on 8th December 1948.", "qas": []}]}, {"title": "Article 20 Protection in respect of conviction for offences..txt", "paragraphs": [{"context": "Article 20 Protection in respect of conviction for offences.(1) No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the Act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.(2) No person shall be prosecuted and punished for the same offence more than once.(3) No person accused of any offence shall be compelled to be a witness against himself.Debate SummaryArticle 14, Draft Constitution of India 1948(1) No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law at the time of the commission of the offence.(2) No person shall be punished for the same offence more than once.(3) No person accused of any offence shall be compelled to be a witness against himself.The first clause of the Draft Article 14 barred the state from applying laws retrospectively: If the state enacts a law that makes a particular act an offence, individuals who committed the act before the enactment of the law cannot be charged. The second and third clauses are self-explanatory. The Constituent Assembly debated Draft Article 14 on the 2nd, 3rd and 5th December 1948. Three key amendments were moved to the Article. The first proposed to replace the phrase \u2018law\u2019 with \u2018laws in force\u2019. It was reasoned that both terms had different meanings given to them by another article of the Constitution (Draft Article) and it was best to adopt the latter. The second wanted to include a new clause that protected individuals against \u2018unreasonable searches and seizures\u2019. This type of a provision on civil liberties, it was pointed out, could be found in the American and German Constitutions. The third amendment added \u2018prosecuted and\u2019 before \u2018punished\u2019. It was argued that if a government official was dealt with for act departmentally, he should not be prosecuted by the Courts as well for the same act, and vice versa. The Assembly was in agreement over the first and third amendments and these were passed.The second amendment too received support, however, when it came to voting, the Assembly rejected the amendment.", "qas": []}]}, {"title": "Article 305 Saving of existing laws and laws providing for State monopolies..txt", "paragraphs": [{"context": "Article 305 Saving of existing laws and laws providing for State monopolies.Nothing in articles 301 and 303 shall affect the provisions of any existing law except in so far as the President may by order otherwise direct; and nothing in article 301 shall affect the operation of any law made before the commencement of the Constitution (Fourth Amendment) Act, 1955, in so far as it relates to, or prevent Parliament or the Legislature of a State from making any law relating to, any such matter as is referred to in subclause (ii) of clause (6) of article 19.", "qas": []}]}, {"title": "Article 395 Repeals..txt", "paragraphs": [{"context": "Article 395 Repeals.The Indian Independence Act, 1947, and the Government of India Act, 1935, together with all enactments amending or supplementing the latter Act, but not including the Abolition of Privy Council Jurisdiction Act, 1949, are hereby repealed.", "qas": []}]}, {"title": "Article 43A Participation of workers in management of industries..txt", "paragraphs": [{"context": "Article 43A Participation of workers in management of industries.The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry.Debate SummaryThe article was inserted by the Constitution (Ninety-seventh Amendment) Act, 2011.", "qas": []}]}, {"title": "Article 313 Transitional provisions..txt", "paragraphs": [{"context": "Article 313 Transitional provisions.Until other provision is made in this behalf under this Constitution, all the laws in force immediately before the commencement of this Constitution and applicable to any public service or any post which continues to exist after the commencement of this Constitution, as an allIndia service or as service or post under the Union or a State shall continue in force so far as consistent with the provisions of this Constitution.", "qas": []}]}, {"title": "Article 185 The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration..txt", "paragraphs": [{"context": "Article 185 The 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 Legislative Council, while any resolution for the removal of the Chairman from his office is under consideration, the Chairman, or while any resolution for the removal of the Deputy Chairman from his office is under consideration, the Deputy Chairman, shall not, though he is present, preside, and the provisions of clause (2) of article 184 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Chairman or, as the case may be, the Deputy Chairman is absent.(2) The Chairman shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Council while any resolution for his removal from office is under consideration in the Council and shall, notwithstanding anything in article 189, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes.", "qas": []}]}, {"title": "Article 31A Saving of laws providing for acquisition of estates, etc..txt", "paragraphs": [{"context": "Article 31A Saving of laws providing for acquisition of estates, etc.(1) Notwithstanding anything contained in article 13, no law providing for\u2014(a) the acquisition by the State of any estate or of any rights therein or the extinguishment or modification of any such rights, or(b) the taking over of the management of any property by the State for a limited period either in the public interest or in order to secure the proper management of the property, or(c) the amalgamation of two or more corporations either in the public interest or in order to secure the proper management of any of the corporations, or(d) the extinguishment or modification of any rights of managing agents, secretaries and treasurers, managing directors, directors or managers of corporations, or of any voting rights of shareholders thereof, or(e) the extinguishment or modification of any rights accruing by virtue of any agreement, lease or licence for the purpose of searching for, or winning, any mineral or mineral oil, or the premature termination or cancellation of any such agreement, lease or licence,shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by [article 14 or article 19:Provided that where such law is a law made by the Legislature of a State, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent:Provided further that where any law makes any provision for the acquisition by the State of any estate and where any land comprised therein is held by a person under his personal cultivation, it shall not be lawful for the State to acquire any portion of such land as is within the ceiling limit applicable to him under any law for the time being in force or any building or structure standing thereon or appurtenant thereto, unless the law relating to the acquisition of such land, building or structure, provides for payment of compensation at a rate which shall not be less than the market value thereof.(2) In this article,\u2014(a) the expression ''estate'' shall, in relation to any local area, have the same meaning as that expression or its local equivalent has in the existing law relating to land tenures in force in that area and shall also include\u2014(i) any jagir, inam or muafi or other similar grant and in the States of Tamil Nadu and Kerala, any janmam right;(ii) any land held under ryotwari settlement;(iii) any land held or let for purposes of agriculture or for purposes ancillary thereto, including waste land, forest land, land for pasture or sites of buildings and other structures occupied by cultivators of land, agricultural labourers and village artisans;(b) the expression ''rights'', in relation to an estate, shall include any rights vesting in a proprietor, subproprietor, under-proprietor, tenure-holder, 1 [raiyat, under-raiyat] or other intermediary and any rights or privileges in respect of land revenue.Debate SummaryThis provision was first inserted through the Constitution (First Amendment Act), 1951. It has subsequently undergone several constitutional amendments.", "qas": []}]}, {"title": "Article 352 Proclamation of Emergency..txt", "paragraphs": [{"context": "Article 352 Proclamation of Emergency.(1) If the President is satisfied that a grave emergency exists whereby the security of India or of any part of the territory thereof is threatened, whether by war or external aggression or armed rebellion, he may, by Proclamation, make a declaration to that effect in respect of the whole of India or of such part of the territory thereof as may be specified in the Proclamation. Explanation. \u2014 A Proclamation of Emergency declaring that the security of India or any part of the territory thereof is threatened by war or by external aggression or by armed rebellion may be made before the actual occurrence of war or of any such aggression or rebellion, if the President is satisfied that there is imminent danger thereof.(2) A Proclamation issued under clause (1) may be varied or revoked by a subsequent Proclamation.(3) The President shall not issue a Proclamation under clause (1) or a Proclamation varying such Proclamation unless the decision of the Union Cabinet (that is to say, the Council consisting of the Prime Minister and other Ministers of Cabinet rank appointed under article 75) that such a Proclamation may be issued has been communicated to him in writing.(4) Every Proclamation issued under this article shall be laid before each House of Parliament and shall, except where it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of one month unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament: Provided that if any such Proclamation (not being a Proclamation revoking a previous Proclamation) is issued at a time when the House of the People has been dissolved, or the dissolution of the House of the People takes place during the period of one month referred to in this clause, and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution, unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People.(5) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of six months from the date of the passing of the second of the resolutions approving the Proclamation under clause (4): Provided that if and so often as a resolution approving the continuance in force of such a Proclamation is passed by both Houses of Parliament the Proclamation shall, unless revoked, continue in force for a further period of six months from the date on which it would otherwise have ceased to operate under this clause: Provided further that if the dissolution of the House of the People takes place during any such period of six months and a resolution approving the continuance in force of such Proclamation has been passed by the Council of States but no resolution with respect to the continuance in force of such Proclamation has been passed by the House of the People during the said period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days, a resolution approving the continuance in force of the Proclamation has been also passed by the House of the People.(6) For the purposes of clauses (4) and (5), a resolution may be passed by either House of Parliament only by a majority of the total membership of that House and by a majority of not less than two-thirds of the Members of that House present and voting.(7) Notwithstanding anything contained in the foregoing clauses, the President shall revoke a Proclamation issued under clause (1) or a Proclamation varying such Proclamation if the House of the People passes a resolution disapproving, or, as the case may be, disapproving the continuance in force of, such Proclamation.(8) Where a notice in writing signed by not less than one-tenth of the total number of members of the House of the People has been given, of their intention to move a resolution for disapproving, or, as the case may be, for disapproving the continuance in force of, a Proclamation issued under clause (1) or a Proclamation varying such Proclamation, \u2014(a) to the Speaker, if the House is in session; or(b) to the President, if the House is not in session,a special sitting of the House shall be held within fourteen days from the date on which such notice is received by the Speaker, or, as the case may be, by the President, for the purpose of considering such resolution.(9)The power conferred on the President by this article shall include the power to issue different Proclamations on different grounds, being war or external aggression or armed rebellionor imminent danger of war or external aggression or armed rebellion, whether or not there is a Proclamation already issued by the President under clause (1) and such Proclamation is in operation.", "qas": []}]}, {"title": "Article 94 Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker..txt", "paragraphs": [{"context": "Article 94 Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.A member holding office as Speaker or Deputy Speaker of the House of the People \u2014(a) shall vacate his office if he ceases to be a member of the House of the People;(b) may at any time, by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and(c) may be removed from his office by a resolution of the House of the People passed by a majority of all the then members of the House:Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution: Provided further that, whenever the House of the People is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the House of the People after the dissolution.Debate SummaryArticle 77, Draft Constitution of India, 1948A 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) May at any time by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and(c) May be removed from his office for incapacity or want of confidence by a resolution of the House of the People passed by a majority of all the then members of the House:Provided that no resolution for the purpose of clause (c) of this article shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution:Provided further that, whenever the House of the People is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the House of the People after the dissolution.Draft Article 77 (Article 94, Constitution of India 1950) was debated on 19 May 1949. It regulated vacation, resignation or removal of Speaker and Deputy Speaker of the House of the People.A member moved an amendment that would require the Speaker to submit his/her resignation to the President instead of the Deputy Speaker. He argued that in the interest of \u2018decorum\u2019 and \u2018proprieties\u2019 resignation must not be submitted to a subordinate officer. In opposition, a member noted that the President was the Executive head and he/she should not interfere with the Legislature. The arrangement in the Draft Article ensured the independence of the Speaker and Deputy Speaker.The Chairman of the Drafting Committee clarified the principle behind the Draft Article. He said that resignation should be submitted to the appointing authority. In the case of Speaker and Deputy Speaker, the House of the People was the appointing authority, not the President. Since the House was a \u2018collective body\u2019 resignation need not be given to each member. It would be appropriate to submit it to the Speaker or the Deputy Speaker.After the Chairman\u2019s clarifications, the mover of the amendment withdrew it. The Assembly adopted the Draft Article on 19 May 1949.", "qas": []}]}, {"title": "Article 294 Succession to property, assets, rights, liabilities and obligations in certain cases..txt", "paragraphs": [{"context": "Article 294 Succession to property, assets, rights, liabilities and obligations in certain cases.As from the commencement of this Constitution \u2014(a) all property and assets which immediately before such commencement were vested in His Majesty for the purposes of the Government of the Dominion of India and all property and assets which immediately before such commencement were vested in His Majesty for the purposes of the Government of each Governor\u2019s Province shall vest respectively in the Union and the corresponding State, and(b) all rights, liabilities and obligations of the Government of the Dominion of India and of the Government of each Governor\u2019s Province, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations respectively of the Government of India and the Government of each corresponding State,subject to any adjustment made or to be made by reason of the creation before the commencement of this Constitution of the Dominion of Pakistan or of the Provinces of West Bengal, East Bengal, West Punjab and East Punjab.", "qas": []}]}, {"title": "Article 124 Establishment and constitution of Supreme Court..txt", "paragraphs": [{"context": "Article 124 Establishment 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 sevenother Judges.(2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose and shall hold office until he attains the age of sixty-five years:  Provided that in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of Indiashall always be consulted:Provided further that \u2014(a) a Judge may, by writing under his hand addressed to the President, resign his office;(b) a Judge may be removed from his office in the manner provided in clause (4).(2A) The age of a Judge of the Supreme Court shall be determined by such authority and in such manner as Parliament may by law provide.(3) A person shall not be qualified for appointment as a Judge of the Supreme Court unless he is a citizen of India and \u2014(a) has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or(b) has been for at least ten years an advocate of a High Court or of two or more such Courts in succession; or(c) is, in the opinion of the President, a distinguished jurist.Explanation I.\u2014In this clause \"High Court'' means a High Court which exercises, or which at any time before the commencement of this Constitution exercised, jurisdiction in any part of the territory of India.Explanation II.\u2014In computing for the purpose of this clause the period during which a person has been an advocate, any period during which a person has held judicial office not inferior to that of a district judge after he became an advocate shall be included.(4) A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two - thirds of the members of that House present andvoting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity.(5) Parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehaviour or incapacity of a Judge under clause (4).(6) Every person appointed to be a Judge of the Supreme Court shall, before he enters upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.(7) No person who has held office as a Judge of the Supreme Court shall plead or act in any court or before any authority within the territory of India.Debate SummaryArticle 103, Draft Constitution, 1948(1) There shall be a Supreme Court of India consisting of a Chief Justice of India and such number of other judges not being less than seven as Parliament may by law prescribe.(2) Every judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the judges of the Supreme Court and of the High Courts in the States as may be necessary for the purpose and shall hold office until he attains the age of sixty-five years:Provided that in the case of appointment of a judge, other than the Chief Justice, the Chief Justice of India shall always be consulted:Provided further that-(a) A judge may, by writing under his hand addressed to the President, resign his office;(b) A judge may be removed from his office in the manner provided in clause (4).(3) A person shall not be qualified for appointment as a judge of the Supreme Court unless he is a citizen of India and-(a) Has been for at least five years a judge of a High Court or of two or more such courts in succession; or(b) Has been for at least ten years an advocate of a High Court or of two or more such courts in succession.Explanation I:-In this clause 'High Court' means a High Court which exercises, or which before the commencement of this Constitution exercised, jurisdiction in any part of the territory of India.Explanation II:-In computi:ng for the purpose of this clause the period during which a person has been an advocate, any period during which a person held judicial office after he became an advocate, shall be included.(4) A judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address supported by not less than two-thirds of the members present and voting has been presented to the President by both Houses of Parliament in the same session for such removal on the ground of proved misbehaviour or incapacity.(5) Parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehaviour or incapacity of a judge under the last preceding clause.(6) Every person appointed to be a judge of the Supreme Court shall, before he enters upon his office, make and subscribe before the President or some person appointed in that behalf by him a declaration according to the form set out for the purpose in the Third Schedule.(7) No person who has held office as a judge of the Supreme Court shall plead or act in any court or before any authority within the territory of India.Draft Article 103 (Article 124) was debated on 24th May 1949. It established the Supreme Court of India and also laid out provisions relating to the appointment, impeachment, and conduct of its judges.There was heated debate surrounding the consultation requirement in clause (2). One member proposed the removal of this requirement altogether, allowing the President to be solely responsible for the appointment of the Chief Just. Other members suggested amendments to the parties involved in the consultation or confirmation procedure. For instance, one member proposed that the appointment of any person to the position of Chief Justice had to be subject to confirmation of a two-thirds majority vote of a joint session of Parliament. This received some support in the Assembly, although it was countered that this would result in the Chief Justice being selected at the pleasure of the leader of the majority party. Another member proposed that the Council of States also be consulted by the President for the appointment of the Chief Justice. However, this was dismissed as importing the system of electing judges, rather than selecting them, given the political nature of the Council of States. A third member, citing a memo circulated by the Federal Court and Chief Justices of various High Courts, proposed that the appointment of the Chief of Justice of India should occur only with the concurrence of the sitting Chief Justice. His amendment was positively received by some members, one of whom supported its adoption, while the other further proposed that this requirement extends to the appointment of any judge in the High Court or Supreme Court. The Chairman of the Drafting Committee responded that the Draft Article sufficiently ensured the independence of the judiciary, as neither the executive nor the legislature had absolute authority in the matter.Other members objected to the age of retirement prescribed by the Draft Article. One member proposed that the retirement age be raised to sixty-eight years, citing the recommendations of the Federal Court on the matter. Another proposed that judges could \u2018hold their office during good behaviour or until he resigns\u2019. A third member who had qualms about the ability of older judges to keep up with the strenuous schedule imposed on members of the judiciarysuggested that the age limit be reduced to sixty years. The President could then use his discretion to extend this to sixty-five years on a case-by-case basis, keeping in mind the fitness and ability of the individual judge. In response, a member suggested that the matter be left to Parliament, rather than constitutionally prescribing an arbitrary age limit, while another stated that although fixing a fair age limit was a difficult task, the existing limit was\u2018by no means unfair, for it does not go beyond any reasonable age-limit\u2019.Another source of contention in the Assembly was clause (7). One member proposed that judges should be debarred from holding any executive office after retirement, while another suggested that they be debarred from holding any office of profit. While a few other members agreed with these amendments, others contended that it was unfair to limit the activities of judges post-retirement. The Chairman of the Drafting Committee agreed with the latter view, especially in situations where only a retired judge would possess the experience and capability necessary to perform public service.An important amendment was moved by a member who sought to expand the list of persons who could be appointed to the courts. Citing the example of the International Court of Justice at the Hague, he proposed that clause (3) be amended to permit the President to appoint a \u2018distinguished jurist\u2019 to the courts. This was positively received by other members and the Chairman of the Drafting Committee.A number of amendments were negatived, while others were withdrawn. All of the amendments proposed by the Chairman of the Drafting Committee were accepted by the Assembly. Two other amendments, to clause (2) and (3) respectively, were also accepted. The amended Draft Article was passed by the Assembly, and it was adopted on 24th May 1949.", "qas": []}]}, {"title": "Article 356 Provisions in case of failure of constitutional machinery in States..txt", "paragraphs": [{"context": "Article 356 Provisions in case of failure of constitutional machinery in States.(1) If the President, on receipt of a report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation \u2014(a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or any body or authority in the State other than the Legislature of the State;(b) declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament;(c) make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of this Constitution relating to any body or authority in the State: Provided that nothing in this clause shall authorise the President to assume to himself any of the powers vested in or exercisable by a High Court, or to suspend in whole or in part the operation of any provision of this Constitution relating to High Courts.(2) Any such Proclamation may be revoked or varied by a subsequent Proclamation.(3) Every Proclamation under this article shall be laid before each House of Parliament and shall, except where it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of two months unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament: Provided that if any such Proclamation (not being a Proclamation revoking a previous Proclamation) is issued at a time when the House of the People is dissolved or the dissolution of the House of the People takes place during the period of two months referred to in this clause, and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People.(4) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of six months from the date of issue of the Proclamation: Provided that if and so often as a resolution approving the continuance in force of such a Proclamation is passed by both Houses of Parliament, the Proclamation shall, unless revoked, continue in force for a further period of six monthsfrom the date on which under this clause itwould otherwise have ceased to operate, but no such Proclamation shall in any case remain in force for more than three years: Provided further that if the dissolution of the House of the People takes place during any such period of six monthsand a resolution approving the continuance in force of such Proclamation has been passed by the Council of States, but no resolution with respect to the continuance in force of such Proclamation has been passed by the House of the People during the said period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the continuance in force of the Proclamation has been also passed by the House of the People: Provided also that in the case of the Proclamation issued under clause (1) on the 11th day of May, 1987 with respect to the State of Punjab, the reference in the first proviso to this clause to \u201cthree years\u201d shall be construed as a reference to five years.(5) Notwithstanding anything contained in clause (4), a resolution with respect to the continuance in force of a Proclamation approved under clause (3) for any period beyond the expiration of one year from the date of issue of such Proclamation shall not be passed by either House of Parliament unless \u2014(a) a Proclamation of Emergency is in operation, in the whole of India or, as the case may be, in the whole or any part of the State, at the time of the passing of such resolution, and(b) the Election Commission certifies that the continuance in force of the Proclamation approved under clause (3) during the period specified in such resolution is necessary on account of difficulties in holding general elections to the Legislative Assembly of the State concerned: Provided that nothing in this clause shall apply to the Proclamation issued under clause (1) on the 11th day of May, 1987 with respect to the State of Punjab.", "qas": []}]}, {"title": "Article 48 Organisation of agriculture and animal husbandry..txt", "paragraphs": [{"context": "Article 48 Organisation of agriculture and animal husbandry.The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattleDebate SummaryNew Article, Introduced in Constituent Assembly, November 1948'38-A. The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall in particular take steps for preserving and improving the breeds of cattle and prohibit the slaughter of cow and other useful cattle, specially milch and draught cattle and their young stock'.Draft Article 38-A was not part of the Draft Constitution 1948 \u2013 an Assembly member introduced it on 24 November 1948. Itdirected the State to develop the agricultural and animal husbandry sectors of the economy and to ensure that certain types of cattle were not slaughtered. TheAssembly was polarisedon religious lines: most Hindu members supported the provision and most Muslim members were reluctant. Two types of argumentswere mobilised to support the Draft Article: religious and economic. Members stated that the cow, and cattle in general, held a special status in Hindu religion and culture. The slaughter of these animals was akin to attacking the Hindu religion. Further, they argued that cattle played a key role in the Indian economy as it was the source of economically valuable goods like manure and milk. The Draft Article directed the prohibition of the slaughter of \u2018useful\u2019 cattle. Some members argued that even non-useful cattle should be protected and rejected the distinction between \u2018useful\u2019 and \u2018non-useful\u2019 cattle. Muslim memberswere suspicious of the economic rationales that were put forward in support of the Draft Article; They accused members of hidingthe true rationale which was to protect Hindu religious sentiment. Further, one Muslim member pointed out there was a large population of dead-weight cattle that was a drain on the economy. He implied that the economically reasonable thing to do with these cattle would be to slaughter them. At the end of the debate, the Draft Article was adopted by the Assembly. Many members of the Assembly had previously wanted a cow slaughter type article to be included in the legally enforceable fundamental rights section. The Assembly's decision to adopt the Article but place it in the legally unenforceable Directive Principles seems to have been a compromise.The Draft Article came up for discussion again on 14th November 1948. A member said the Article in the revised constitution was different from what was adopted by the Assembly on 24th November 1948. The member, moving an amendment, accused the Drafting Committee of changing and watering down the Article without the sanction of the Assembly. After another brief round of debate and discussion, the Assembly accepted the amendment and settled on a final versionthat ispart of the Constitution of India, 1950.", "qas": []}]}, {"title": "Article 332 Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States..txt", "paragraphs": [{"context": "Article 332 Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States.(1) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes, except the Scheduled Tribes in the autonomous districts of Assam, in the Legislative Assembly of every State.(2) Seats shall be reserved also for the autonomous districts in the Legislative Assembly of the State of Assam.(3) The number of seats reserved for the Scheduled Castes or the Scheduled Tribes in the Legislative Assembly of any State under clause (1) shall bear, as nearly as may be, the same proportion to the total number of seats in the Assembly as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State or part of the State, as the case may be, in respect of which seats are so reserved, bears to the total population of the State.(3A) Notwithstanding anything contained in clause (3), until the taking effect, under article 170, of the readjustment, on the basis of the first census after the year 2026, of the number of seats in the Legislative Assemblies of the States of Arunachal Pradesh, Meghalaya, Mizoram and Nagaland, the seats which shall be reserved for the Scheduled Tribes in the Legislative Assembly of any such State shall be,\u2014(a) if all the seats in the Legislative Assembly of such State in existence on the date of coming into force of the Constitution (Fifty-seventh Amendment) Act, 1987 (hereafter in this clause referred to as the existing Assembly) are held by members of the Scheduled Tribes, all the seats except one;(b) in any other case, such number of seats as bears to the total number of seats, a proportion not less than the number (as on the said date) of members belonging to the Scheduled Tribes in the existing Assembly bears to the total number of seats in the existing Assembly.(3B) Notwithstanding anything contained in clause (3), until the re-adjustment, under article 170, takes effect on the basis of the first census after the year 2026, of the number of seats in the Legislative Assembly of the State of Tripura, the seats which shall be reserved for the Scheduled Tribes in the Legislative Assembly shall be, such number of seats as bears to the total number of seats, a proportion not less than the number, as on the date of coming into force of the Constitution (Seventysecond Amendment) Act, 1992, of members belonging to the Scheduled Tribes in the Legislative Assembly in existence on the said date bears to the total number of seats in that Assembly.(4) The number of seats reserved for an autonomous district in the Legislative Assembly of the State of Assam shall bear to the total number of seats in that Assembly a proportion not less than the population of the district bears to the total population of the State.(5) The constituencies for the seats reserved for any autonomous district of Assam shall not comprise any area outside that district.(6) No person who is not a member of a Scheduled Tribe of any autonomous district of the State of Assam shall be eligible for election to the Legislative Assembly of the State from any constituency of that district  Provided that for elections to the Legislative Assembly of the State of Assam, the representation of the Scheduled Tribes and non-Scheduled Tribes in the constituencies included in the Bodoland Territorial Areas District, so notified, and existing prior to the constitution of Bodoland Territorial Areas District, shall be maintained.", "qas": []}]}, {"title": "Article 35 Legislation to give effect to the provisions of this Part..txt", "paragraphs": [{"context": "Article 35 Legislation to give effect to the provisions of this Part.Notwithstanding anything in this Constitution,\u2014(a) Parliament shall have, and the Legislature of a State shall not have, power to make laws\u2014(i) with respect to any of the matters which under clause (3) of article 16, clause (3) of article 32, article 33 and article 34 may be provided for by law made by Parliament; and(ii) for prescribing punishment for those acts which are declared to be offences under this Part;(b) any law in force immediately before the commencement of this Constitution in the territory of India with respect to any of the matters referred to in sub-clause (i) of clause (a) or providing for punishment for any act referred to in sub-clause (ii) of that clause shall, subject to the terms thereof and to any adaptations and modifications that may be made therein under article 372, continue in force until altered or repealed or amended by Parliament.Explanation.\u2014In this article, the expression \u201claw in force\u201d has the same meaning as in article 372.Debate SummaryArticle 35 (Draft Article 27) gives Parliament the exclusive power to make laws relating to Articles 16 (3), 32 (3), 33 and 34. Further, this Article enables the Parliament to prescribe punishment to offences under the fundamental rights part.The Draft Article was debated on 9th December 1948.The original Draft Article as introduced by the Drafting Committee gave the Parliament power to make laws related to any fundamental rights. However, the Chairman of the Drafting Committee moved an amendment to restrict this to specific fundamental rights under Articles 16 (3), 32 (3), 33 and 34. One member was concerned by this move: he argued that the amendment would dilute the legislative powers of the Parliament. In response, the Chairman of the Drafting Committee noted that through his amendment \u201conly in specific matters that Parliament has been given this penal authority\u2019. His amendment merely reiterates the specific legislative power under Articles 16 (3), 32 (3), 33 and 34.The amendments moved by the Chairman of the Drafting Committee were accepted. The Assembly adopted the Article, as amended, on 9th December 1948.", "qas": []}]}, {"title": "Article 241 High Courts for Union territories..txt", "paragraphs": [{"context": "Article 241 High Courts for Union territories.(1) Parliament may by law constitute a High Court for a Union territoryor declare any court in any such territoryto be a High Court for all or any of the purposes of this Constitution.(2) The provisions of Chapter V of Part VI shall apply in relation to every High Court referred to in clause (1) as they apply in relation to a High Court referred to in article 214 subject to such modifications or exceptions as Parliament may by law provide.(3) Subject to the provisions of this Constitution and to the provisions of any law of the appropriateLegislature made by virtue of powers conferred on that Legislature by or under this Constitution, every High Court exercising jurisdiction immediately before the commencement of the Constitution (Seventh Amendment) Act, 1956, in relation to any Union territory shall continue to exercise such jurisdiction in relation to that territory after such commencement.(4) Nothing in this article derogates from the power of Parliament to extend or exclude the jurisdiction of a High Court for a State to, or from, any Union territory or part thereof.", "qas": []}]}, {"title": "Article 158 Conditions of Governor's office..txt", "paragraphs": [{"context": "Article 158 Conditions of Governor's office.(1) The Governor shall not be a member of either House of Parliament or of a House of the Legislature of any State specified in the First Schedule, and if a member of either House of Parliament or of a House of the Legislature of any such State be appointed Governor, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Governor.(2) The Governor shall not hold any other office of profit.(3) The Governor shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.(3A) Where the same person is appointed as Governor of two or more States, the emoluments and allowances payable to the Governor shall be allocated among the States in such proportion as the President may by order determine.](4) The emoluments and allowances of the Governor shall not be diminished during his term of office.Debate SummaryArticle 135, Draft Constitution, 19481) The Governor shall not be a member either of Parliament or of the Legislature of any State for the time being specified in the First Schedule, and if a member of Parliament or of the Legislature of any such State be elected ( appointed) Governor, he shall be deemed to have vacated his seat in Parliament or such Legislature, as the case may be, on the date on which he enters upon his office as Governor.(2) The Governor shall not hold any other office or position of emolument.(3) The Governor shall have an official residence, and there shall be paid to the Governor such emoluments and allowances as may be determined by the Legislature of the State by law and, until provision in that behalf is so made, such emoluments and allowances as are specified in the Second Schedule.(4) The emoluments and allowances of the Governor shall not be diminished during his term of office.Draft Article 135 (Article 158) was debated on 31st May 1949 and 14th October 1949. It laid out the conditions of service for a Governor.The Chairman of the Drafting Committee moved that clause (1) be amended to prevent a member of \u2018either House of Parliament or of a House\u2019 of any State Legislature from being appointed as a Governor.The Chairman also proposed the amendment of clause (2) to read \u2018The Governor shall not hold any other office of profit\u2019.Another member of the House proposed that the requirement for the Governor to have an official residence be deleted. He argued that it was unnecessary to mention such a minor detail in the Constitution, and that other Constitutions did not include similar provisions. The Chairman of the Drafting Committee responded that this was analogous to Draft Article 48 (Article 59) which set out the official residence of the President.There was very little debate on these proposed amendments. All amendments proposed by the Chairman of the Drafting Committee were accepted by the Assembly, while the amendment relating to official residence was negatived. The amended Draft Article was initially adopted on 31st May 1949.Subsequently, a member of the Drafting Committee proposed to amend clause (3) to explicitly entitle a Governor to rent-free use of his official residence. He contended that this was necessary in light of a similar amendment to Draft Article 48 relating to the President\u2019s official residence.The same member also proposed that the Draft Article be amended to permit Parliament to determine the emoluments and allowances payable to a Governor, rather than the concerned State Legislature. He argued that this was necessary since a Governor would be appointed by the President, and therefore it was improper for a State Legislature to deliberate on the matter.Both amendments were accepted without much opposition on 14th October 1949.", "qas": []}]}, {"title": "Article 226 Power of High Courts to issue certain writs..txt", "paragraphs": [{"context": "Article 226 Power of High Courts to issue certain writs.(1) Notwithstanding anything in article 32, every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions,orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose.(2) The power conferred by clause (1) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories.(3) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, a petition under clause (1), without \u2014(a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order; and(b) giving such party an opportunity of being heard,makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the High Court is closed on the last day of that period, before the expiry of the next day afterwards on which the High Court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the said next day, stand vacated.(4) The power conferred on a High Court by this article shall not be in derogation of the power conferred on the Supreme Court by clause (2) of article 32.", "qas": []}]}, {"title": "Article 325 No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex..txt", "paragraphs": [{"context": "Article 325 No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex.There shall be one general electoral roll for every territorial constituency for election to either House of Parliament or to the House or either House of the Legislature of a State and no person shall be ineligible for inclusion in any such roll or claim to be included in any special electoral roll for any such constituency on grounds only of religion, race, caste, sex or any of them.", "qas": []}]}, {"title": "Article 243ZG Bar to interference by courts in electoral matters..txt", "paragraphs": [{"context": "Article 243ZG Bar to interference by courts in electoral matters.Notwithstanding anything in this Constitution, \u2014(a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 243ZA shall not be called in question in any court;(b) no election to any Municipality shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State.", "qas": []}]}, {"title": "Article 66 Election of Vice - President..txt", "paragraphs": [{"context": "Article 66 Election 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 Parliamentin accordancewith the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot.(2) The Vice-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 the Legislature of any State be elected Vice-President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Vice-President.(3) No person shall be eligible for election as VicePresident unless he \u2014(a) is a citizen of India;(b) has completed the age of thirty-five years; and(c) is qualified for election as a member of the Council of States(4) A person shall not be eligible for election as VicePresident if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments.Explanation.\u2014 For the purposes of this article, a person shall not be deemed to hold any office of profit by reason only that he is the President or Vice-President of the Union or the Governor of any State or is a Minister either for the Union or for any State.Debate SummaryArticle 55 (1) to (4), Draft Constitution 1948(1) The Vice-President shall be elected by the members of both Houses of Parliament assembled at a joint meeting in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot.(2) The Vice-President shall not be a member either of Parliament or of the Legislature of any State, and if a member of Parliament or of the Legislature of any State be elected Vice-President, he shall be deemed to have vacated his seat in Parliament or such Legislature, as the case may be, on the date on which he enters upon his office as Vice-President.(3) No person shall be eligible for election as Vice-President unless he-(a) Is a citizen of India;(b) Has completed the age of thirty-five years; and(c) Is qualified for election as a member of the Council of States.(4) A person shall not be eligible for election as Vice-President if he holds any office or position of emolument under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments.Explanation.-For the purposes of this clause, a person shall not be deemed to hold any office or position of emolument by reason only that-(a) He is a minister either for India or for any State for the time being specified in Part I of the First Schedule; or(b) He is a minister for any State for the time being specified in Part III of the First Schedule, if he is responsible to the Legislature of the State, or, where there are two Houses of the Legislature of the State, to the Lower House of such Legislature, and if not less than three-fourths of the members of such Legislature or House, as the case may be, are elected.The Draft Article was discussed on 28th December 1948,29th December 1949and 13th October 1949.It regulated the election of the Vice President.A member moved a proposal to synchronise the elections of the President and Vice-President. Another member argued that the state legislatures should be included in the electoral college. He noted that the manner of elections of the President and Vice-President must be similar and the state legislatures must not be \u2018deprived\u2019 of electing the Vice-President. The Chairman of the Drafting Committee defended the electoral composition. He pointed out that the composition of an electoral college for elections of the President and Vice-President was closely linked to their functions. The President was the head of the state whose powers extended to the centre and the states. Hence it was imperative to include state legislatures. However, the Vice-President\u2019s role was largely restricted to the centre. It did not necessitate the state legislatures\u2019 representation.There was a proposal to delete \u2018the system of proportional representation\u2019 from clause 1. The mover of the amendment argued that proportional representation, as a form of election, cannot be implemented to fill up one seat. It \u2018applies to a plurality of seats\u2019. In support of this motion, another member invoked the English example. He highlighted a Royal Commission\u2019s finding that explored all electoral systems. It found that in case of election to a single post, to secure majority \u2018vote transferability\u2019 should be employed. This system was termed as \u2018alternative vote\u2019. This should not be conflated with \u2018proportional representation\u2019. The Chairman of the Drafting Committee replied that he would consider this suggestion at a later state.Another member was keen on listing disqualifications of the Vice-President. His motion included the following grounds: \u2018conviction for treason, or any offence against the safety, security or integrity of the State, or any violation of the Constitution, or has been elected and served more than once as President or Vice- President of the Union\u2019. In response, a member pointed out that Draft Article 83 (Article 102, Constitution of India, 1950) laid down disqualifications of the members of the Parliament. Since, the Vice-President had to be qualified to be a member of the Parliament, insertion of additional grounds was unnecessary.The Assembly adopted the Article on 29th December 1948 with minor amendments that were moved by the Drafting Committee. It was further amended on 13th October 1949.", "qas": []}]}, {"title": "Article 54 Election of President..txt", "paragraphs": [{"context": "Article 54 Election of President.The President shall be elected by the members of an electoral college consisting of\u2014(a) the elected members of both Houses of Parliament; and(b) the elected members of the Legislative Assemblies of the States.Explanation.\u2014In this article and in article 55, ''State'' includes the National Capital Territory of Delhi and the Union territory of PondicherryDebate SummaryArticle 43, Draft Constitution of India, 1948The 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.The Constituent Assembly debated Draft Article 43 (Article 54, Constitution of India, 1950) on 10th and 13th December 1948. The Draft Article provided for the President to be elected by an electoral college consisting of members of both houses of parliament and elected members of state legislatures.The core debate on Draft Article 43 revolved around an amendmentto basepresidential elections on adult franchise; The member who moved the amendment opposed the Draft Article for not sufficiently representing the will of the people. In defence of his proposal, he argued that direct elections were indispensable to ensure that the President was the true representative of the collective sovereignty of people. He argued that his amendment took care to not make the Presidenta \u2018creature of party majorities\u2019 and would insulate the Presidentfrom the 'vicissitudes of parliamentary fortune'.There was strong opposition to this proposal. One member noted that \u2018adult citizens\u2019 would even allow Indian citizens who were otherwisedisqualified from voting in general elections to participate in presidential elections. Further, it would be inconsistent with the parliamentary form of government which \u2018presupposes responsible government\u2019. The elected representatives are entrusted with the government, not citizens themselves. Another memberargued that direct elections would make the President a \u2018party man\u2019: He/She would be supported by a political party as direct elections would necessitate active campaigning for votes. Itwas further pointedoutthat the President was not the \u2018real sovereign\u2019: he was analogous to the King of England.The Chairman of the Drafting Committee responded to theproposal and highlighted its practical difficulties. First, he noted that the size of the electorate was too large and would make it extremely difficult to conduct adult franchise based presidential elections. Second, direct elections would pose several administrative issues including inadequate unofficial polling staff, bribery, corruption and election manipulation. Third, since the President in the Indian Constitution was \u2018only a figurehead\u2019, it does not necessitate elections based on adult franchise.The Assembly rejected theproposal and adopted the Draft Article with minor amendments.", "qas": []}]}, {"title": "Article 229 Officers and servants and the expenses of High Courts..txt", "paragraphs": [{"context": "Article 229 Officers and servants and the expenses of High Courts.(1) Appointments of officers and servants of a High Court shall be made by the Chief Justice of the Court or such other Judge or officer of the Court as he may direct: Provided that the Governor of the State may by rule require that in such cases as may be specified in the rule no person not already attached to the Court shall be appointed to any office connected with the Court save after consultation with the State Public Service Commission.(2) Subject to the provisions of any law made by the Legislature of the State, the conditions of service ofofficers and servants of a High Court shall be such as may be prescribed by rules made by the Chief Justice of the Court or by some other Judge or officer of the Court authorised by the Chief Justice to make rules for the purpose: Provided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the Governor of the State.(3) The administrative expenses of a High Court, including all salaries, allowances and pensions payable to or in respect of the officers and servants of the Court, shall be charged upon the Consolidated Fund of the State, and any fees or other moneys taken by the Court shall form part of that Fund.", "qas": []}]}]}