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The

Constitution of

India

Selective Comments by

P.M. Bakshi

Former Director of the Law Commission of Indie

Fifth Edition

Universal

Law Publishing Co. Pvt. Ltd.

.




First Edition Second Edition Third Edition Fourth Edition Fifth Edition Updated Reprint

1991 1992 1996 2000 2002 2003



As amended by the Constitution (Ninetieth Amendment) Act, 2003

ISBN: 81-7534-282-6 © Publishers



No part of this publication can be reproduced or transmitted in any form or by any means, without prior permission of the Publishers.

Published by

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Although every care has been taken to avoid errors or omissions in this publication, inspite of this, inadvertently, errors may creep in. The publication is being sold on the condition and understanding that information given herein is merely for guidance and reference. It must not be taken as having authority of, or binding in any way on, the authors, editors, publishers and sellers who do not owe any responsibility for any damage or loss to any person, who may or may not be a purchaser of this publication on account of any action taken on the basis of this publication. For authoritative text information, please contact the department concerned or refer to the Government publication or the gazette notification. The publishers shall be obliged if any mistake, error or discrepancy is brought to their notice for carrying out correction in the next edition. In case of binding mistake, misprint or for missing pages etc., the publishers liability is limited to replacement within one month of the purchase by similar edition/reprint. All disputes are subject to Delhi Jurisdiction only.

Computer Typeset at Aesthetic & Printed at Taj Press, New Delhi


THE CONSTITUTION (EIGHTY-EIGHTH AMENDMENT) ACT, 2003

[15th January, 2004]

An Act further to amend the Constitution of India.

Be it enacted by Parliament in the Fifty-fourth Year of the Republic of India as follows:—

1. Short title and commencement.—(1) This Act may be called the Constitution
(Eighty-eighth Amendment) Act, 2003.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.



2. Insertion of new article 268A.—After article 268 of the Constitution, the
following article shall be inserted, namely:—

"268A. Service tax levied by Union and collected and appropriated by the Union and the States.—(1) Taxes on services shall be levied by the Government of India and such tax shall be collected and appropriated by the Government of India and the States in the manner provided in clause (2).

(2) The proceeds in any financial year of any such tax levied in accordance with the provisions of clause (1) shall be—



  1. collected by the Government of India and the States;

  2. 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.".

3. Amendment of article 270.—In article 270 of the Constitution, in clause (1),
for the words and figures "articles 268 and 269", the words, figures and letter
"articles 268, 268A and 269" shall be substituted.

4. Amendment of Seventh Schedule.—in the Seventh Schedule to the
Constitution, in List I—Union List, after entry 92B, the following entry shall be
inserted, namely:—

"92C. Taxes on services.".







First eed Second Third 1 Fourth Fifth Update

As an


©P

Nc

Pi U

c c 1

I 1


THE CONSTITUTION (NINETY-SECOND

Amendment, act,2003

secon


schedulc to the
An act further to amend the constitution of India.

Be it enacted by parliment in the Fifty fourth Year of Republic Indias

follows:

1.Short title—This Act may be called the Costitution (Ninety-second Amned-

ment)Act 2003

2.Amnedment of English Schedule -In the English Schedule to the


constitution,-

(a) existing entry 3 shall be renumberred as entry5 and before entry5 as

so remembered, the following entries shall be inserteted,namely:-

2Bodo


4.Dogri

(b) existing entries 4 to 7 shall respectively be remembered as entry11



:

"3.Bodo.
.

ybecalledtheConstitution

^^^^

7 shall respectively be re-numbered as entries






CONSTITUTION AMENDMENT) ACT, 2003
THE CONSTITUTION (NININETY-FIRST

T) ACT 2003



January, 2004]

85



t itle -This Ac. may be called .hfirst
l 5._In aItlde 75 of the Constitutionafter clause




<.\,t"JJ-'<--■ '■■■''

The Constitution (Ninety-first Amendment) Act, 2003

3. Amendment of article 164.—In article 164 of the Constitution, after
clause (1), the following clauses shall be inserted, namely:—

"(1A) The total number of Ministers, including the Chief Minister, in the Council of Ministers in a State shall not exceed fifteen per cent, of the total number of members of the Legislative Assembly of that State:

Provided that the number of Ministers, including the Chief Minister in a State shall not be less than twelve:

Provided further that where the total number of Ministers, including the Chief Minister, in the Council of Ministers in any State at the commencement of the Constitution (Ninety-first Amendment) Act, 2003 exceeds the said fifteen per cent, or the number specified in the first proviso, as the case may be, then, the total number of Ministers in that State shall be brought in conformity with the provisions of this clause within six months from such date as the President may by public notification appoint.



(IB) A member of the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council belonging to any political party who is disqualified for being a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council, as the case may be, before the expiry of such period, till the date on which he is declared elected, whichever is earlier.".

4. Insertion of new article 361B.—After article 361A of the Constitution,
the following article shall be inserted, namely:—

'361B. Disqualification for appointment on remunerative political post.— A member of a House belonging to any political party who is disqualified for being a member of the House under paragraph 2 of the Tenth Schedule shall also be disqualified to hold any remunerative political post for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or till the date on which he contests an election to a House and is declared elected, whichever is earlier.

Explanation.—For the purposes of this article,—

  1. the expression "House" has the meaning assigned to it in clause
    (a) of paragraph 1 of the Tenth Schedule;

  2. the expression "remunerative political post" means any office—
    (i) under the Government of India or the Government of a State

where the salary or remuneration for such office is paid out of the public revenue of the Government of India or the Government of the State, as the case may be; or (ii) under a body, whether incorporated or not, which is wholly or partially owned by the Government of India or the Government of a State and the salary or remuneration for such office is paid by such body, except where such salary or remuneration paid is compensatory in nature.'.

5. Amendment of the Tenth Schedule.—In the Tenth Schedule to the
Constitution,—

  1. in paragraph 1, in clause (b), the words and figure "paragraph 3
    or, as the case may be," shall be omitted;

  2. in paragraph 2, in sub-paragraph (1), for the words and
    figures "paragraphs 3, 4 and 5", the words and figures "paragraphs
    4 and 5', shall be substituted;

  3. paragraph 3 shall be omitted.

CONTENTS AT A GLANCE

Provisions

Part

Article

Page

Preamble





1-5

Union and its Territory - i

I

1 to 4

5-8

Citizenship

II

5 to 11

8-10

Fundamental Rights

III

12 to 35

10-84

Directive Principles of State Policy

IV

36 to 51

84-92

Fundamental Duties

IVA

51A

92-93

Union

V

52 to 151

93 -141

States

VI

152 to 237

141 - 200

Union Territories

VIII

239 to 242

200 - 205

Panchayats

IX

243 to 243-O

205-211

Municipalities

IXA

243P to 243ZG

211-217

The Scheduled and Tribal Areas

X

244 to 244A

217-219

Relation between the Unions and States

XI

245 to 263

219 - 231

Finance, Property, Contracts and Suits

XII

264 to 300A

231 - 247

Trade, Commerce and Intercourse within the Territory of India

XIII

301 to 307

247 - 249

Services under the Union and the States

XIV

308 to 323

249 - 272

Tribunals

XIVA

323A to 323B

272 - 275

Elections

XV

324 to 329A

275 - 278

Special Provisions relating to certain classes

XVI

330 to 342

278 - 286

Official Language

XVII

343 to 351

286 - 289

Emergency Provisions

XVIII

352 to 360

289 - 298

Miscellaneous

XIX

361 to 367

298^304

Amendment of Constitution

XX

368

304-305

The Constitution of India

XXI

369 to 392


305 - 321

XXII

393 to 395

321=322





323 - 392

_—







393 - 406






407 - 422



Page


Article


Part
Provisions

Temporary, Transitional and Special Provisions



_

Short title, Commencement and Repeals

Schedules 1 to 12

he Constitution (Application to Jammu and Kashmir) Order, 1954

Re-statement, with Reference to the present text of the Constitution, of the exceptions and Modifications subject to which the Constitution applies to the State of Jammu and Kashmir


























CONTENTS




Contents at a Glance List of Statutes Referred Table of Cases Amendments at a Glance

PREAMBLE

A living law



  • Basic structure ,

  • Federal structure , 1

  • Fundamental law

> < , ,



  • Idealism ,

  • Interpretation by Preamble

Parents Patrice

  • Powers

  • Preamble: Part of the Constitution •*••

  • Preamble as basic structure

  • Secularism


Social justice

Socialistic concept



  • Sovereign

  • Structural sources of the Constitution

  • Structure of government and fundamental aspects of Constitution

  • Union of India

  • Unity o f nation

' . PART I

THE UNION AND ITS TERRITORY ..., ,

Article v.

1. Name and territory of the Union

  • Action subsequent to acquisition

  • Acquisition of foreign territory , ,

•Law applicable to acquired territory

Territorial waters .



Territory of India

2. Admission or establishment of new States
2A. [Repealed]


3. Formation of new States and alteration of areas, boundaries *
or names of existing States

Effects of re-organisation of territory under existing laws


. • Reference of Bills

vii


Page v

xv

xlix



xxxv

1 1 2

2 2

3 3 3 3 3 3 4 4 4 4 5 5 5

5 6 6 6 6 6

VIII

The Constitution of India

Page



nghts
consequential matters

PART II CITIZENSHIP

5. Citizenship at the commencement of the Constitution


  • Every person

  • One domicile

6. Rights of citizenship of certain persons who have migrated residing to

India from Pakistan

  1. Rights of citizenship of certain migrants to Pakistan

  2. Rights of citizenship of certain persons of Indian ongiln
    .9Persons vountarily acquiring citizenship of a foreignState not

to be citizens l.

Citizenship Act, 1955, section 9(2)

Obtaining passport

10 Continuance of the rights of citizenship

11. Parliament to regulate the right of citizenship by law

PART III FUNDAMENTAL RIGHTS

General

12. Definition

Agency outside India

" Co-operative societies

. Examples of authorities held to be State,

Local authorities: Writ



  • Other authorities ,,

  • Private body

  • Right to shelter .^"!r^

  • State ,'.•.:,

• State action

13. Laws in consistent with or in derogation of the fundamental rightsl

Act of State

, • Basic features



Severability

  • Treaties on human rights

  • Voidness

  • Working of Act

Right to Equality

14. Equality before law

Admission in college

9

9 9



10 10 10

10

10 10 10



11 11

11

12



12

13

13



14

14

14



15

16

16






Article

.. Contents



  • A rbitrary action and discretion : - '

  • Armed Forces (Special Powers) Act, 1958

  • Backward areas

  • Cable T. V, and Doordarshan

  • Change of name

  • Citizenship

  • Contracts '

  • Disinvestment

  • Doctrine ofnatural justice

  • Education

  • Equals and unequals .

  • Executive action

  • Exemption from tax

  • Financial assistance

  • Flexibility

  • Government department

  • Grant-in-aid

  • Interpretation

  • Land ceiling '

  • Limitations

Panchayat: Removal of members

Pension ' ' '
» Principle of equality

' Procedural discrimination

Rajasthani language

Reasonableness

Rent control legislation

> Royalties for industries

' Rule for termination of service Sales to on restaurants Scheduled Castes

Scope

Service■

Service rules

Source

Stock: Exchange



Tax exemptions

Taxation laws

Telephones ..

Tenders

Test , »■ ■■■ • •-■•

Uncanalised discretion

Zone-wise merit list

ix

17



17

18

18



18

18

18



18

19

19



19

19

19



19

20

20



20

20

20



20

21

21



21

21

21



21

21

22



22

22

23



23

23

23



23

24

24



24

24 25 25 25 26



Article 15.

Of

Oi

I" V

The Constitution of India

Prohibition of discrimination on grounds of religion, race,caste sex or place of birth

  • Area-wise reservation

  • Backward class

  • Discrimination

  • Medical colleges

  • Relationship to article 14 . >

  • Reservation within reservation

  • University-wise reservation ..

Women
;Women and sexual harassment

Equality of opportunity in matters of public employment

  • Arbitrariness

  • Constitution (Seventy-seventh Amendment) Act, 1995

  • Discrimination

  • Employment '

  • Medical colleges




  • Object of article 16

  • Other safeguards -:

  • Qualifying minimum marks

  • Relaxation in standard of eligibility



  • Reservation and promotion ''

  • Reservation to single post

  • Right to go anywhere and live with any person

  • Scheme

17, 18

Abolition of untouchability Abolition of titles

  • National awards, not titles

  • Title

Right to Freedom 19. Protection of certain rights regarding freedom of speech,

  • AIDS

  • Arbitrariness .. .

  • Ban on slaughter

Bandhs

' Burden of proof

  • Business aspects of the media

  • Business with Government

  • Contempt of court

  • Convicts

  • Co-operative Societies Act, 1965 (U.P.)

  • Corporations as citizens .

caste,

1 in

etc.

Page

26

26

26

27

27

27

27

28

28

28

28

29

29

30

30

31

31

31

31

32

32

32

32

32

32

32

33

33

33

34 34 34 34 35 35 35 35 36 36 36

II

Contents

Article

  • Criteria of validity of law

  • Dealings with supplier

?> • False news item about judges

i • Fireworks ■■ >■ t

Freedom of assembly

Freedom ofassociation

Freedom of expression


  • Freedom of movement

  • Freedom of profession, etc.

  • Freedom of residence

Government advertisements

  • Judicial officers

  • Letter by employee against the organisation

  • Licences and permits

  • Ministers

t,. . 'Press .

. 'Price

. • Price fixation

Relationship with article 21 and 22

Right to know

, ' • Shareholder

-, • Substantive and procedural aspects

i • Test of reasonableness



Total prohibition

. Trial by media v.

Unincorporated associations

20. Protection in respect of conviction for offences
Caution to speak

• Clash between fundamental rights

Commencement of protection .

, • Compulsion to be a witness v.

Double jeopardy

. • Foreign Exchange Regulation Act, 1973



. • No right in procedure

- . Penalty not prescribed '

: • Scope

Testimonial compulsion for the accused

Violation of law and common law offences. 21. Protection of life and personal liberty

•AIDS and employment ,1? • Assault on child

' • Atomic energy , .

Bail

XI

Page 36 36 37 37 37 37 37 37 38 38 39 39 39 39 40 40 40 40 40 41 41 41 41 42 42 43 43 43 43 43 44 44 44 44 45 45 45 45 45 45 46 46 46



xiiArticle

t

The Constitution of India

' Beauty contests

  • Child offenders

  • Compensation

  • Compensation in Canada




  • Cruel punishment

  • Custodial death

  • Death sentence: Mandatory




  • Debtor

  • Delay in bringing to trial

  • Delay in execution




  • Drugs

  • Ecology: Ecological balance

  • Ecology and "Public Trust" Doctrine




  • Environment

  • Environment: Hazardous chemicals

• • Environment: Precautionary principle

  • Fair procedure

  • Fair trial

Foreign travel
_• Forests

  • Handcuffing

  • Health .

  • Housing




  • Illegal detention

  • Inhuman treatment

•Insane person

  • Irish Constitution

  • Legal aid

  • Livelihood




  • Medical aid in Government hospitals

  • Medical confidentiality

  • Minimum punishment




  • Natural justice .

  • Obstruction of movement

  • Oppression of peasants




  • Passport

  • Passports Act, 1967

  • Police atrocities







  • Prisoners: Classification

  • Prisoners: Interview

*

Page 46 46 46 46 47 47 47 47 47 47 47 47 47 48 48 48 48 48

48 48 49 49 49 49 49 49 50 50 50 50 50 51 51 51 51 51 51

.;■. 51 51 52 52 52


Article
Contents

Prisoners: Torture

Prisoners: Wrongful detention

Privacy

Private industries and pollution
Prostitution , ,

Public hanging Public trial

Punishment for attempted suicide ' Radiation (X-ray) Right to die (provision inIPC) ' Right to life: Various rights included ' Right to work ' Scope of article 21

Scheduled Tribes Women

Sentence: Plea of guilty
Sexual harassment

Smoking in public place

' Solitary confinement '


  • Special Courts

  • Speedy trial

  • Summary dismissal of appeal

  • Telephone tapping

  • Terrorists Act

  • Traffic control

  • Undertrial prisoners

21A. Right to education

22. Protection against arrest and detention in certain cases

. Delay

. l ■ ■ '

' .Documents

Information about grounds of arrest

Language

Preventive detention

; Production before the nearest Magistrate

Representation: Preventive detention

Right to consult and to be defended by legal practitioner of his choice
Right against Exploitation

23. Prohibition of traffic in human beings and forced labour

Child labour

Children of prostitutes

xiii Page 52 52 52

■•'; 52

53

53



53

53

53



53

53

54



54

55

55



55

55

55



55

55

56



56

56

56



56

57

57



57

58

58



58

58

58



58

59

59

59

60

60

60

60

61 61


xiv Article


24.

25.

-


2?

The Constitution of India


  • Legislation relevant to article 23

  • Scope

  • Traffic in human beings

Prohibition of employment of children in factories, etc.

Right to Freedom of Religion

Freedom of conscience and free profession, practice and propagation of religion

  • Ananda Marg

  • Foreigners

  • Priests

  • Regulation by the State

26

  • Religion

  • Restrictions that can be imposed

  • Scope and object

  • Use of loudspeaker
    Freedom to manage religious affairs

. Administration of property of religious endowments

  • Affairs of religion

  • Common burden (land revenue)

  • Denomination ,

  • Directive Principles




  • Right to own property

  • Rituals

27. Freedomas to payment of taxesfor promotionof any particularreligion

28. Freedom as to attenance at religious instruction or religious woship in

certain educational institutions
: Cultural and Educational Rights

29. Protection of interests of minorities

Minorities



Page 61 61 61 61

61

62



62

62

62



63

63

63



64

64

64



64

64

64



65

65

65



65

65

i



65


30.

II, 11 111 IU1 «.**»»w -—

- Condition as to admission fees



  • Conditions for aid or recognition

  • Conditions: Void

  • Crucial words

  • Educational standards t..




  • Maladministration ,

  • Minorities

  • Minorities based on religion or language







Contents

XV

Article




Page




Right: Not absolute . . ;

70




Right to receive aid

70




• Scope .

70




Standards

70

31.

[Repealed]



71




Saving of certain Laws




31A.

Saving of laws providing for acquisition of estates, etc.

71




Land reform legislation

72

31B.

Validation of certain Acts and Regulations

73

31C.

Saving of laws giving effect to certain directive principles

73

31D.

[Repealed]

74




Right to Constitutional Remedies




32.

Remedies for enforcement of rights conferred by this Part

74




Administrative Tribunals Act, 1985

74




Bail

74




Basic feature

74

i

, • Certiorari ' . »

74




Child prostitution

75




Closure of industry

75




Commissioner

75




Compensation

75




Composite petition :

75




Contempt ' ...

75




Continuing mandamus

75




Counter-affidavits: Detention

75




Damages

75

'-

Death in custody

75




Detention

75




Doctrine of Parens patna

76




Earlier decision

76



Economic policy

76




Enforcement of Act

76




Estoppel against petitioner

76




Estoppel against State

76




False plea

77




Infringement of fundamental right

77




Introduction of Bill in the Legislature

77




Irrigation

77




Laches

77




Law making

77




Legislation on personal law

,. 77




',. • Liability

77




XVI

Article

32A. 33.


34.

35.

36.


37.

38.


The Constitution of India

  • Liability of officers . '

  • Limits of zurit jurisdiction

  • Locus standi

  • Mandamus ' '

  • Natural Justice \ '

  • Pleadings

  • Policy of Government (i tf

  • Political question

  • Pollution

  • Price fixation

  • Prostitutes' children

  • Public interest litigation

  • Relief

  • Resjudicata ■'; > - .




  • Scope of article 32 '. *

  • Selection Committee \ .it *■

  • Service matters '■'■ '■•

  • Stock Exchange . ■ •

  • Supreme Court and High Court: Concurrent Jurisdiction »

  • Variety of rights coming up for enforcement *

  • Writ petition by workers in winding up proceedings ; •

  • Writ petition to determine age of Chief Justice of India ■• »
    [Repealed]

Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.

  • Effect

  • Parliamentary legislation and fundamental rights

  • Police Forces (Restriction of Rights) Act, 1966 '• *




  • Scope , ■■'■ si'f.Hi v

  • Writs against courts martial

Restriction on rights conferred by this Part while martial law is

in force in any area

Legislation to give effect to the provisions of this Part

PART IV


DIRECTIVE PRINCIPLES OF STATE POLICY Definition Application of the principles contained in this Part

  • Directive Principles and UN Convention , ' ,

  • Effect: The positive aspect

  • Harmony

  • Scope and object: The negative aspect

State to secure a social order for the promotion of welfare of the people

Page 77 77 78 78 78 78 78 79 79 79 79 79 79 80 80 80 80 81 81 82 82 82 82

82 82 83 83 83 83

84 84

84 84 85 85 85 85 86



Contents xvii

Article Page

39. Certain principles of policy to be followed by the State 86



  • Child labour: Employment of parent 86

  • Declaration in law 86

  • Equal pay for equal work 87

  • Object 87

  • Prices 87
    39A. Equal justice and free legal aid 88

  • Legal aid 88




  1. Organisation of village panchayats 88

  2. Right to work, to education and to public assistance in certain cases 88

  3. Provision for just and humane conditions of work and maternity relief 88

  1. Living wage, etc., for workers 88
    43A. Participation of workers in management of industries 88

  1. Uniform civil code for the citizens 89




  • Personal law 89

  • Religious trusts 89

Uniform Code 90

45. Provision for early childhood care and education to children

below the age of six years 90


  1. Promotion of educational and economic interests of Scheduled Castes,
    Scheduled Tribes and other weaker sections 90

  2. Duty of the State to raise the level of nutrition and the standard of

living and to improve public health 90

48. Organisation of agriculture and animal husbandry 91

48A. Protection and improvement of environment and safeguarding of

forests and wild life 91



  1. Protection of monuments and places and objects of national importance 91

  2. Separation of judiciary from executive 91

  3. Promotion of international peace and security 91




  • Extradition 91

  • International law and national law (municipal law) 92

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