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right of a member to get information: (1) the legislature of a state may, by law, provide for access to every member of a co-operative society to the books, information and accounts of the cooperative society kept in regular transaction of its business with such members.   (2) the legislature of a state may, by law, make provisions to ensure the participation of members of the management of the co-operative society providing minimum requirement of attending meetings by the members and utilising the minimum level of services as may be provided in such law.   (3) the legislature of a state may, by law, provide for co-operative education and training for its members.

243ZO

returns: (1) every co-operative society shall file returns, within six months of the close of every financial year, to the authority designated by the state government including the following matters, namely:—   (a) annual report of its activities;   (b) its audited statement of accounts;   (c) plan for surplus disposal as approved by the general body of the co-operative society;   (d) list of amendments to the bye-laws of the co-operative society, if any; (e) declaration regarding date of holding of its general body meeting and conduct of elections when due; and   (f) any other information required by the registrar in pursuance of any of the provisions of the state act.

243ZP

offences and penalties: (1) the legislature of a state may, by law, make provisions for the offences relating to the co-operative societies and penalties for such offences.   (2) a law made by the legislature of a state under clause (1) shall include the commission of the following act or omission as offences, namely:-   (a) a co-operative society or an officer or member thereof wilfully makes a false return or furnishes false information, or any person wilfully not furnishes any information required from him by a person authorised in this behalf under the provisions of the state act;   (b) any person wilfully or without any reasonable excuse disobeys any summons, requisition or lawful written order issued under the provisions of the state act;   (c) any employer who, without sufficient cause, fails to pay to a co-operative society amount deducted by him from its employee within a period of fourteen days from the date on which such deduction is made;   (d) any officer or custodian who wilfully fails to handover custody of books, accounts, documents, records, cash, security and other property belonging to a co-operative society of which he is an officer or custodian, to an authorised person; and   (e) whoever, before, during or after the election of members of the board or office bearers, adopts any corrupt practice.

243ZQ

application to multi-state co-operative societies: the provisions of this part shall apply to the multi-state co-operative societies subject to the modification that any reference to "legislature of a state", "state act" or state government" shall be construed as a reference to "parliament", "central act" or "the central government" respectively.

243ZR

application to union territories: the provisions of this part shall apply to the union territories and shall, in their application to a union territory, having no legislative assembly as if the references to the legislature of a state were a reference to the administrator thereof appointed under article 239 and, in relation to a union territory having a legislative assembly, to that legislative assembly:   provided that the president may, by notification in the official gazette, direct that the provisions of this part shall not apply to any union territory or part thereof as he may specify in the notification.

243ZS

continuance of existing laws: notwithstanding anything in this part, any provision of any law relating to co-operative societies in force in a state immediately before the commencement of the constitution (ninety-seventh amendment) act, 2011, 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 less.

243ZT

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.

244

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 i of the table appended to paragraph 20 of the sixth schedule and create therefor —   (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, —   (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.

244A

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.

245

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 “union list”).   (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 “concurrent list”).   (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 “state list”).   (4) parliament has power to make laws with respect to any matter for any part of the territory of india not included in a state notwithstanding that such matter is a matter enumerated in the state list.

246

special provision with respect to goods and services tax: (1) notwithstanding anything contained in articles 246 and 254, parliament, and, subject to clause (2), the legislature of every state, have power to make laws with respect to goods and services tax imposed by the union or by such state. (2) parliament has exclusive power to make laws with respect to goods and services tax where the supply of goods, or of services, or both takes place in the course of inter-state trade or commerce. explanation.—the provisions of this article, shall, in respect of goods and services tax referred to in clause (5) of article 279a, take effect from the date recommended by the goods and services tax council.]

246A

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.

247

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.

248

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.

249

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.

250

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.

251

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.

252

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

253

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.

254

requirements as to recommendations and previous sanctions to be regarded as matters of procedure only: no act of parliament or of the legislature of a state and 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 —   (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.

255

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.

256

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 communication declared 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.

257

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.

258

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.

258A

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.

260

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.

261

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).

262

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 —   (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 to be performed by it and its organisation and procedure.

263

interpretation: in this part, “finance commission” means a finance commission constituted under article 280.

264

taxes not to be imposed save by authority of law: no tax shall be levied or collected except by authority of law.

265

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 “the consolidated fund of india”, 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 “the consolidated fund of the state”.   (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.

266

contingency fund: (1) parliament may by law establish a contingency fund in the nature of an imprest to be entitled “the contingency fund of india” 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 “the contingency fund of the state” 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.

267

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,—   (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.

268

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 —   (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.

268A

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. — for the purposes of this clause, —   (a) the expression “taxes on the sale or purchase of goods” 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 “taxes on the consignment of goods” 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.

269

levy and collection of goods and services tax in course of inter-state trade or commerce: (1) goods and services tax on supplies in the course of inter-state trade or commerce shall be levied and collected by the government of india and such tax shall be apportioned between the union and the states in the manner as may be provided by parliament by law on the recommendations of the goods and services tax council.   explanation.—for the purposes of this clause, supply of goods, or of services, or both in the course of import into the territory of india shall be deemed to be supply of goods, or of services, or both in the course of inter-state trade or commerce.   (2) the amount apportioned to a state under clause (1) shall not form part of the consolidated fund of india.   (3) where an amount collected as tax levied under clause (1) has been used for payment of the tax levied by a state under article 246a, such amount shall not form part of the consolidated fund of india.   (4) where an amount collected as tax levied by a state under article 246a has been used for payment of the tax levied under clause (1), such amount shall not form part of the consolidated fund of the state.   (5) parliament may, by law, formulate the principles for determining the place of supply, and when a supply of goods, or of services, or both takes place in the course of inter-state trade or commerce.

269A

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, “prescribed” means, —   (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.

270

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.

271

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 “prescribed” has the same meaning as in article 270.

273

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 “agricultural income” 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 “tax or duty in which states are interested” means —   (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.

274

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 —   (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 i of 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 raising the 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, —   (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.

275

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.

276

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.

277

calculation of “net proceeds”, etc: (1) in the foregoing provisions of this chapter, “net proceeds” 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.

279

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 —   (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.

280

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.

281

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.

282

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 or ancillary 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.

283

custody of suitors’ deposits and other moneys received by public servants and courts: all moneys received by or deposited with —   (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.

284

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.

285

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 —   (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, —   (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.

286

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 —   (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 railway company 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.

287

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. — the expression “law of a state in force” 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.

288

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 provide in 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.

289

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 —   (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.

290

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 to the 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 nadu every 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.

290A

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.

292

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.

293

succession to property, assets, rights, liabilities and obligations in certain cases: as from the commencement of this constitution —   (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’s 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’s 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.

294

succession to property, assets, rights, liabilities and obligations in other cases: (1) as from the commencement of this constitution —   (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).

295

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. — in this article, the expressions “ruler” and “indian state” have the same meanings as in article 363.

296

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.

297

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 —   (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.

298

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 of the 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.

299

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 —   (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.

300

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.

300A

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.

301

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.

302

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.

303

restrictions on trade, commerce and intercourse among states: notwithstanding anything in article 301 or article 303, the legislature of a state may by law —   (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

304

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.

305

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.

307

interpretation: in this part, unless the context otherwise requires, the expression “state” does not include the state of jammu and kashmir.

308

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.

309

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 the pleasure 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.

310

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 —    (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.

311

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 vi as 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.

312

power of parliament to vary or revoke conditions of service of officers of certain services: (1) parliament may by law —   (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 —   (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.

312A

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.

313

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.

315

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 —   (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.

316

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 by order 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, —   (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.

317

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 —   (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.

318

prohibition as to the holding of offices by members of commission on ceasing to be such members: on ceasing to hold office —   (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 member of 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.

319

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.

321

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.

322

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.

323

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 —   (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.

323A

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: —   (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 goods for 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 —   (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. — in this article, “appropriate legislature”, 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.

323B

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).

324

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.

325

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.

326

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.

327

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.

328

bar to interference by courts in electoral matters: notwithstanding anything in this constitution —    (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.

329

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 —   (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 territory for 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 territory or 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 —in this article and in article 332, 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 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 the 2001 census.

330

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.

331

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,—   (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.

332

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.

333

reservation of seats and special representation to cease after certain period: notwithstanding anything in the foregoing provisions of this part, the provisions of this constitution relating to —   (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 eighty years in respect of clause (a) and seventy years in respect of clause (b) from 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.

334