Property Acquisition and State Power in India: A Constitutional Analysis, Thesis of Constitutional Law

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THE CONSTITUTION OF INDIA

[ As on 31 st July, 2018]

GOVERNMENT OF INDIA

MINISTRY OF LAW AND JUSTICE

LEGISLATIVE DEPARTMENT

LIST OF ABBREVIATIONS USED

Art., arts. for Article, articles.

Cl., cls. ″ Clause, clauses.

C.O. ″ Constitution Order.

Ins. ″ Inserted.

P., pp. ″ Page, pages.

Pt. ″ Part.

Rep. ″ Repealed.

Sec., ss. ″ Section, sections.

Sch. ″ Schedule.

Subs. ″ Substituted.

w.e.f. ″ with effect from.

THE CONSTITUTION OF INDIA

____________

CONTENTS

__________

PREAMBLE

PART I

THE UNION AND ITS TERRITORY

ARTICLES

1. Name and territory of the Union.
2. Admission or establishment of new States. 2A. [ Repealed. ]
3. Formation of new States and alteration of areas, boundaries or names of existing States.
4. Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters. PART II CITIZENSHIP
5. Citizenship at the commencement of the Constitution.
6. Rights of citizenship of certain persons who have migrated to India from Pakistan.
7. Rights of citizenship of certain migrants to Pakistan.
8. Rights of citizenship of certain persons of Indian origin residing outside India.
9. Persons voluntarily acquiring citizenship of a foreign State not to be citizens.
10. Continuance of the rights of citizenship.
11. Parliament to regulate the right of citizenship by law. PART III FUNDAMENTAL RIGHTS General
12. Definition.
13. Laws inconsistent with or in derogation of the fundamental rights. Right to Equality
14. Equality before law.
15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
16. Equality of opportunity in matters of public employment.
17. Abolition of Untouchability.
18. Abolition of titles. Right to Freedom
19. Protection of certain rights regarding freedom of speech, etc.
20. Protection in respect of conviction for offences.
21. Protection of life and personal liberty.

21A. Right to education.

22. Protection against arrest and detention in certain cases.

Right against Exploitation

23. Prohibition of traffic in human beings and forced labour.
24. Prohibition of employment of children in factories, etc.

Right to Freedom of Religion

25. Freedom of conscience and free profession, practice and propagation of religion.
26. Freedom to manage religious affairs.
27. Freedom as to payment of taxes for promotion of any particular religion.
28. Freedom as to attendance at religious instruction or religious worship in certain educational institutions. Cultural and Educational Rights
29. Protection of interests of minorities.
30. Right of minorities to establish and administer educational institutions.
31. [ Repealed .] Saving of Certain Laws 31A. Saving of Laws providing for acquisition of estates, etc. 31B. Validation of certain Acts and Regulations. 31C. Saving of laws giving effect to certain directive principles. 31D. [ Repealed. ] Right to Constitutional Remedies
32. Remedies for enforcement of rights conferred by this Part. 32A. [ Repealed. ]
    33. Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.
    34. Restriction on rights conferred by this Part while martial law is in force in any area.
    35. Legislation to give effect to the provisions of this Part. PART IV DIRECTIVE PRINCIPLES OF STATE POLICY
    36. Definition.
    37. Application of the principles contained in this Part.
    38. State to secure a social order for the promotion of welfare of the people.
    39. Certain principles of policy to be followed by the State. 39A. Equal justice and free legal aid.
    40. Organisation of village panchayats.
    41. Right to work, to education and to public assistance in certain cases.
    42. Provision for just and humane conditions of work and maternity relief.
    43. Living wage, etc., for workers. 43A. Participation of workers in management of industries. 43B. Promotion of co-operative societies.

72. Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.
73. Extent of executive power of the Union. Council of Ministers
74. Council of Ministers to aid and advise President.
75. Other provisions as to Ministers. The Attorney-General for India
76. Attorney-General for India.

Conduct of Government Business

77. Conduct of business of the Government of India.
78. Duties of Prime Minister as respects the furnishing of information to the President, etc. CHAPTER II.PARLIAMENT General
79. Constitution of Parliament.
80. Composition of the Council of States.
81. Composition of the House of the People.
82. Readjustment after each census.
83. Duration of Houses of Parliament.
84. Qualification for membership of Parliament.
85. Sessions of Parliament, prorogation and dissolution.
86. Right of President to address and send messages to Houses.
87. Special address by the President.
88. Rights of Ministers and Attorney-General as respects Houses. Officers of Parliament
89. The Chairman and Deputy Chairman of the Council of States.
90. Vacation and resignation of, and removal from, the office of Deputy Chairman.
91. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.
92. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.
93. The Speaker and Deputy Speaker of the House of the People.
94. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.
95. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker.
96. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.
97. Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker.
98. Secretariat of Parliament. Conduct of Business
99. Oath or affirmation by members.
100. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.

Disqualifications of Members

101. Vacation of seats.
102. Disqualifications for membership.
103. Decision on questions as to disqualifications of members.
104. Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified. Powers, Privileges and Immunities of Parliament and its Members
105. Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof.
106. Salaries and allowances of members. Legislative Procedure
107. Provisions as to introduction and passing of Bills.
108. Joint sitting of both Houses in certain cases.
109. Special procedure in respect of Money Bills.
110. Definition of ―Money Bills‖.
111. Assent to Bills. Procedure in Financial Matters
112. Annual financial statement.
113. Procedure in Parliament with respect to estimates.
114. Appropriation Bills.
115. Supplementary, additional or excess grants.
116. Votes on account, votes of credit and exceptional grants.
117. Special provisions as to financial Bills. Procedure Generally
118. Rules of procedure.
119. Regulation by law of procedure in Parliament in relation to financial business.
120. Language to be used in Parliament.
121. Restriction on discussion in Parliament.
122. Courts not to inquire into proceedings of Parliament. CHAPTER III.LEGISLATIVE POWERS OF THE PRESIDENT
123. Power of President to promulgate Ordinances during recess of Parliament. CHAPTER IV. THE UNION JUDICIARY
124. Establishment and constitution of Supreme Court. 124A. National Judicial Appointments Commission. 124B. Functions of Commission. 124C. Power of Parliament to make law.
125. Salaries, etc., of Judges.
126. Appointment of acting Chief Justice.
127. Appointment of ad hoc judges.

159. Oath or affirmation by the Governor.
160. Discharge of the functions of the Governor in certain contingencies.
161. Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.
162. Extent of executive power of State.

Council of Ministers

163. Council of Ministers to aid and advise Governor.
164. Other provisions as to Ministers. The Advocate-General for the State
165. Advocate-General for the State. Conduct of Government Business
166. Conduct of business of the Government of a State.
167. Duties of Chief Minister as respects the furnishing of information to Governor, etc. CHAPTER III.THE STATE LEGISLATURE General
168. Constitution of Legislatures in States.
169. Abolition or creation of Legislative Councils in States.
170. Composition of the Legislative Assemblies.
171. Composition of the Legislative Councils.
172. Duration of State Legislatures.
173. Qualification for membership of the State Legislature.
174. Sessions of the State Legislature, prorogation and dissolution.
175. Right of Governor to address and send messages to the House or Houses.
176. Special address by the Governor.
177. Rights of Ministers and Advocate-General as respects the Houses. Officers of the State Legislature
178. The Speaker and Deputy Speaker of the Legislative Assembly.
179. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.
180. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker.
181. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.
182. The Chairman and Deputy Chairman of the Legislative Council.
183. Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman.
184. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.
185. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.

186. Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman.
187. Secretariat of State Legislature. Conduct of Business
188. Oath or affirmation by members.
189. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum. Disqualifications of Members
190. Vacation of seats.
191. Disqualifications for membership.
192. Decision on questions as to disqualifications of members.
193. Penalty for sitting and voting before making oath or affirmation under article 188 or when not qualified or when disqualified. Powers, privileges and immunities of State Legislatures and their Members
194. Powers, privileges, etc., of the Houses of Legislatures and of the members and committees thereof.
195. Salaries and allowances of members. Legislative Procedure
196. Provisions as to introduction and passing of Bills.
197. Restriction on powers of Legislative Council as to Bills other than Money Bills.
198. Special procedure in respect of Money Bills.
199. Definition of ―Money Bills‖.
200. Assent to Bills.
201. Bills reserved for consideration. Procedure in Financial Matters
202. Annual financial statement.
203. Procedure in Legislature with respect to estimates.
204. Appropriation Bills.
205. Supplementary, additional or excess grants.
206. Votes on account, votes of credit and exceptional grants.
207. Special provisions as to financial Bills. Procedure Generally
208. Rules of procedure.
209. Regulation by law of procedure in the Legislature of the State in relation to financial business.
210. Language to be used in the Legislature.
211. Restriction on discussion in the Legislature.
212. Courts not to inquire into proceedings of the Legislature. CHAPTER IV.LEGISLATIVE POWER OF THE GOVERNOR
213. Power of Governor to promulgate Ordinances during recess of Legislature. CHAPTER V.-THE HIGH COURTS IN THE STATES
214. High Courts for States.
215. High Courts to be courts of record.
216. Constitution of High Courts.

243C. Composition of Panchayats. 243D. Reservation of seats. 243E. Duration of Panchayats, etc. 243F. Disqualifications for membership. 243G. Powers, authority and responsibilities of Panchayats. 243H. Powers to impose taxes by, and Funds of, the Panchayats. 243-I. Constitution of Finance Commission to review financial position. 243J. Audit of accounts of Pachayats. 243K. Elections to the Panchayats. 243L. Application to Union territories. 243M. Part not to apply to certain areas. 243N. Continuance of existing laws and Panchayats. 243-O. Bar to interference by courts in electoral matters. PART IXA THE MUNICIPALITIES

243P. Definitions. 243Q. Constitution of Municipalities. 243R. Composition of Municipalities. 243S. Constitution and composition of Wards Committees, etc. 243T. Reservation of seats. 243U. Duration of Municipalities, etc. 243V. Disqualifications for membership. 243W. Powers, authority and responsibilities of Municipalities, etc. 243X. Power to impose taxes by, and Funds of, the Municipalities. 243Y. Finance Commission. 243Z. Audit of accounts of Municipalities. 243ZA. Elections to the Municipalities. 243ZB. Application to Union territories. 243ZC. Part not to apply to certain areas. 243ZD. Committee for district planning. 243ZE. Committee for Metropolitan planning. 243ZF. Continuance of existing laws and Municipalities. 243ZG. Bar to interference by courts in electoral matters. PART IXB THE CO-OPERATIVE SOCIETIES 243ZH. Definitions. 243Z-I. Incorporation of co-operative societies. 243ZJ. Number and term of members of board and its office bearers.

243ZK. Election of members of board. 243ZL. Supersession and suspension of board and interim management.

243ZM. Audit of accounts of co-operative societies. 243ZN. Convening of general body meetings. 243Z-O. Right of a member to get information. 243ZP. Returns. 243ZQ. Offences and penalties. 243ZR. Application to multi-State co-operative societies. 243ZS. Application to Union territories. 243ZT. Continuance of existing laws. PART X THE SCHEDULED AND TRIBAL AREAS

244. Administration of Scheduled Areas and Tribal Areas. 244A. Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor. PART XI RELATIONS BETWEEN THE UNION AND THE STATES CHAPTER I.LEGISLATIVE RELATIONS Distribution of Legislative Powers
245. Extent of laws made by Parliament and by the Legislatures of States.
246. Subject-matter of laws made by Parliament and by the Legislatures of States.
247. Power of Parliament to provide for the establishment of certain additional courts.
248. Residuary powers of legislation.
249. Power of Parliament to legislate with respect to a matter in the State List in the national interest.
250. Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation.
251. Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the Legislatures of States.
252. Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State.
253. Legislation for giving effect to international agreements.
254. Inconsistency between laws made by Parliament and laws made by the Legislatures of States.
255. Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only. CHAPTER II. ADMINISTRATIVE RELATIONS General
256. Obligation of States and the Union.
257. Control of the Union over States in certain cases.

283. Custody, etc., of Consolidated Funds, Contingency Funds and moneys credited to the public accounts.
284. Custody of suitors‘ deposits and other moneys received by public servants and courts.
285. Exemption of property of the Union from State taxation.
286. Restrictions as to imposition of tax on the sale or purchase of goods.
287. Exemption from taxes on electricity.
288. Exemption from taxation by States in respect of water or electricity in certain cases.
289. Exemption of property and income of a State from Union taxation.
290. Adjustment in respect of certain expenses and pensions. 290A. Annual payment to certain Devaswom Funds.
291. [Repealed.] CHAPTER II.BORROWING
292. Borrowing by the Government of India.
293. Borrowing by States. CHAPTER III. PROPERTY, CONTRACTS, RIGHTS, LIABILITIES, OBLIGATIONS AND SUITS
294. Succession to property, assets, rights, liabilities and obligations in certain cases.
295. Succession to property, assets, rights, liabilities and obligations in other cases.
296. Property accruing by escheat or laps or as bona vacantia.
297. Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union.
298. Power to carry on trade, etc.
299. Contracts.
300. Suits and proceedings. CHAPTER IV. RIGHT TO PROPERTY 300A. Persons not to be deprived of property save by authority of law. PART XIII TRADE, COMMERCE AND INTERCOURSE WITHIN THE TERRITORY OF INDIA
301. Freedom of trade, commerce and intercourse.
302. Power of Parliament to impose restrictions on trade, commerce and intercourse.
303. Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce.
304. Restrictions on trade, commerce and intercourse among States.
305. Saving of existing laws and laws providing for State monopolies.
306. [Repealed.]
307. Appointment of authority for carrying out the purposes of articles 301 to 304. PART XIV SERVICES UNDER THE UNION AND THE STATES CHAPTER I. SERVICES
308. Interpretation.
309. Recruitment and conditions of service of persons serving the Union or a State.
310. Tenure of office of persons serving the Union or a State.
311. Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State.
312. All-India services.

312A. Power of Parliament to vary or revoke conditions of service of officers of certain services.

313. Transitional provisions.
314. [Repealed.] CHAPTER II.—PUBLIC SERVICE COMMISSIONS
315. Public Service Commissions for the Union and for the States.
316. Appointment and term of office of members.
317. Removal and suspension of a member of a Public Service Commission.
318. Power to make regulations as to conditions of service of members and staff of the Commission.
319. Prohibition as to the holding of offices by members of Commission on ceasing to be such members.
320. Functions of Public Service Commissions.
321. Power to extend functions of Public Service Commissions.
322. Expenses of Public Service Commissions.
323. Reports of Public Service Commissions.

PART XIVA TRIBUNALS

323A. Administrative tribunals. 323B. Tribunals for other matters.

PART XV ELECTIONS

324. Superintendence, direction and control of elections to be vested in an Election Commission.
325. No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex.
326. Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage.
327. Power of Parliament to make provision with respect to elections to Legislatures.
328. Power of Legislature of a State to make provision with respect to elections to such Legislature.
329. Bar to interference by courts in electoral matters. 329A. [Repealed.] PART XVI SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES
330. Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People.
331. Representation of the Anglo-Indian community in the House of the People.
332. Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States.
333. Representation of the Anglo-Indian community in the Legislative Assemblies of the States.
334. Reservation of seats and special representation to cease after seventy years.
335. Claims of Scheduled Castes and Scheduled Tribes to services and posts.
336. Special provision for Anglo-Indian community in certain services.

PART XIX

MISCELLANEOUS

ARTICLES

361. Protection of President and Governors and Rajpramukhs. 361A. Protection of publication of proceedings of Parliament and State Legislatures. 361B. Disqualification for appointment on remunerative political post.
362. [Repealed.]
363. Bar to interference by courts in disputes arising out of certain treaties, agreements, etc. 363A. Recognition granted to Rulers of Indian States to cease and privy purses to be abolished.
364. Special provisions as to major ports and aerodromes.
365. Effect of failure to comply with, or to give effect to, directions given by the Union.
366. Definitions.
367. Interpretation. PART XX AMENDMENT OF THE CONSTITUTION
368. Power of Parliament to amend the Constitution and procedure therefor. PART XXI TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS
369. Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List.
370. Temporary provisions with respect to the State of Jammu and Kashmir.
371. Special provision with respect to the States of Maharashtra and Gujarat. 371A. Special provision with respect to the State of Nagaland. 371B. Special provision with respect to the State of Assam. 371C. Special provision with respect to the State of Manipur. 371D. Special provisions with respect to the State of Andhra Pradesh or the State of Telangana 371E. Establishment of Central University in Andhra Pradesh. 371F. Special provisions with respect to the State of Sikkim. 371G. Special provision with respect to the State of Mizoram. 371H. Special provision with respect to the State of Arunachal Pradesh. 371-I. Special provision with respect to the State of Goa. 371J. Special provisions with respect to the State of Karnataka.
372. Continuance in force of existing laws and their adaptation. 372A. Power of the President to adapt laws.
373. Power of President to make order in respect of persons under preventive detention in certain cases.
374. Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council.
375. Courts, authorities and officers to continue to function subject to the provisions of the Constitution.
376. Provisions as to Judges of High Courts.
377. Provisions as to Comptroller and Auditor-General of India.
378. Provisions as to Public Service Commissions. 378A. Special provision as to duration of Andhra Pradesh Legislative Assembly. 379-391. [Repealed.]
379. Power of the President to remove difficulties.

PART XXII

SHORT TITLE, COMMENCEMENT, AUTHORITATIVE TEXT

IN HINDI AND REPEALS

ARTICLES

393. Short title.
394. Commencement. 394A. Authoritative text in the Hindi language.
395. Repeals. THE SCHEDULES. FIRST SCHEDULE I. —The States. II. —The Union territories. SECOND SCHEDULE PART A — Provisions as to the President and the Governors of States. PART B— [ Repealed .] PART C—Provisions as to the Speaker and the Deputy Speaker of the House of the People and the Chairman and the Deputy Chairman of the Council of States and the Speaker and the Deputy Speaker of the Legislative Assembly and the Chairman and the Deputy Chairman of the Legislative Council of a State. PART D—Provisions as to the Judges of the Supreme Court and of the High Courts. PART E— Provisions as to the Comptroller and Auditor-General of India. THIRD SCHEDULE —Forms of Oaths or Affirmations. FOURTH SCHEDULE —Allocation of seats in the Council of States. FIFTH SCHEDULE— Provisions as to the Administration and Control of Scheduled Areas and Scheduled Tribes PART A—General. PART B—Administration and Control of Scheduled Areas and Scheduled Tribes. PART C— Scheduled Areas. PART D—Amendment of the Schedule. SIXTH SCHEDULE— Provisions as to the Administration of Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram. SEVENTH SCHEDULE— List I — Union List. List II— State List. List III— Concurrent List. EIGHTH SCHEDULE —Languages. NINTH SCHEDULE —Validation of certain Acts and Regulations. TENTH SCHEDULE —Provisions as to disqualification on ground of defection. ELEVENTH SCHEDULE —Powers, authority and responsibilities of Panchayats. TWELFTH SCHEDULE —Powers, authority and responsibilities of Municipalities, etc.