CONSTITUTION OF INDIA- BARE TEXT
of procedure.- (1) A House of the Legislature of a State may make rules for
regulating subject to the provisions of this Constitution, its procedure and the
conduct of its business.
Until rules are made under clause (1), the rules of procedure and standing
orders in force immediately before the commencement of this Constitution with
respect to the Legislature for the corresponding Province shall have effect in
relation to the Legislature of the State subject to such modifications and
adaptations as may be made therein by the Speaker of the Legislative Assembly,
or the Chairman of the Legislative Council, as the case may be.
In a State having a Legislative Council the Governor, after consultation with
the Speaker of the Legislative Assembly and the Chairman of the legislative
Council, may make rules as to the procedure with respect to communications
between the two Houses.
by law of procedure in the Legislature of the State in relation to financial
business.- The Legislature of a State may, for the purpose of the timely
completion of financial business, regulate by law the procedure of, and the
conduct of business in, the House or Houses of the Legislature of the State in
relation to any financial matter or to any Bill for the appropriation of moneys
out of the Consolidated Fund of the State, and, if and so far as any provision
of any law so made is inconsistent with any rule made by the House or either
House of the Legislature of the State under clause (1) of article 208 or with
any rule or standing order having effect in relation to the Legislature of the
State under clause (2) of that article, such provision shall prevail.
to be used in the Legislature.- (1) Notwithstanding anything in Part XVII, but
subject to the provisions of article 348, business in the Legislature of a State
shall be transacted in the official language or languages of the State or in
Hindi or in English:
that the Speaker of the Legislative Assembly or Chairman of the Legislative
Council, or person acting as such, as the case may be, may permit any member who
cannot adequately express himself in any of the languages aforesaid to address
the House in his mother-tongue.
Unless the Legislature of the State by law otherwise provides, this article
shall, after the expiration of a period of fifteen years from the commencement
of this Constitution, have effect as if the words "or in English" were
omitted here from:
that in relation to the Legislatures of the States of Himachal Pradesh, Manipur,
Meghalaya and Tripura this clause shall have effect as if for the words
"fifteen years" occurring therein, the words "twenty-five
years" were substituted: Provided further that in relation to the
Legislature of the States of Arunachal Pradesh, Goa and Mizoram, this clause
shall have effect as if for the words "fifteen years" occurring
therein, the words "forty years" were substituted.
on discussion in the Legislature.- No discussion shall take place in the
Legislature of a State with respect to the conduct of any Judge of the Supreme
Court or of a High Court in the discharge of his duties.
not to inquire into proceedings of the Legislature.- (1) The validity of any
proceedings in the Legislature of a State shall not be called in question on the
ground of any alleged irregularity of procedure.
No officer or member of the Legislature of a State in whom powers are vested by
or under this Constitution for regulating procedure or the conduct of business,
or for maintaining order, in the Legislature shall be subject to the
jurisdiction of any court in respect of the exercise by him of those powers.
IV- LEGISLATIVE POWER OF THE GOVERNOR
of Governor to promulgate Ordinances during recess of Legislature.- (1) If at
any time, except when the Legislative Assembly of a State is in session, or
where there is a Legislative Council in a State, except when both Houses of the
Legislature are in session, the Governor is satisfied that circumstances exist
which render it necessary for him to take immediate action, he may promulgate
such Ordinance as the circumstances appear to him to require:
that the Governor shall not, without instructions from the President, promulgate
any such Ordinance if-
a Bill containing the same provisions would under this Constitution have
required the previous sanction of the President for the introduction thereof
into the Legislature;
he would have deemed it necessary to reserve a Bill containing the same
provisions for the consideration of the President; or
an Act of the Legislature of the State containing the same provisions would
under this Constitution have been invalid unless, having been reserved for the
consideration of the President, it had received the assent of the President.
An Ordinance promulgated under this article shall have the same force and effect
as an Act of Legislature of the State assented to by the Governor, but every
shall be laid before the legislative Assembly of the State, or where there is a
Legislative Council in the State, before both the House, and shall cease to
operate at the expiration of six weeks from the reassembly of the Legislature,
or if before the expiration of that period a resolution disapproving it is
passed by the Legislative Assembly and agreed to by the Legislative Council, if
any, upon the passing of the resolution or, as the case may be, on the
resolution being agreed to by the Council ; and
may be withdrawn at any time by the Governor Explanation.- Where the Houses of
the Legislature of a State having a Legislative Council are summoned to
reassemble on different dates, the period of six weeks shall be reckoned from
the later of those dates for the purposes of this clause.
If and so far as an Ordinance under this article makes any provision which would
not be valid if enacted in an Act of the legislature of the State assented to by
the Governor, it shall be void:
that, for the purposes of the provisions of this Constitution relating to the
effect of an Act of the Legislature of a State which is repugnant to an Act of
Parliament or an existing law with respect to a matter enumerated in the
Concurrent List, an Ordinance promulgated under this article in the Concurrent
List, an Ordinance promulgated under this article in pursuance of instructions
from the President shall be deemed to be an Act of the Legislature of the State
which has been reserved for the consideration of the president and assented to
V - THE HIGH COURTS IN THE STATES
214.High Courts for States.- There shall be a High Court for each State.
Courts to be courts of record.- Every High Court shall be a court of record and
shall have all the powers of such a court including the power to punish for
contempt of itself.
of High Courts.- Every High Court shall consist of a Chief Justice and such
other Judges as the President may from time to time deem it necessary to
and conditions of the office of a Judge of a High Court.- (1) Every Judge of a
High Court shall be appointed by the President by warrant under his hand and
seal after consultation with the Chief Justice of India, the Governor of the
State, and,in the case of appointment of a Judge other than the chief Justice,
the chief Justice of the High court, and shall hold office, in the case of an
additional or acting Judge, as provided in Article 224, and in any other case,
until he attains the age of sixty-two years.
a Judge may, by writing under his hand addressed to the President, resign his
a Judge may be removed from his office by the President in the manner provided
in clause (4) of Article 124 for the removal of a Judge of the Supreme Court;
the office of a Judge shall be vacated by his being appointed by the President
to be a Judge of the Supreme Court or by his being transferred by the President
to any other High Court within the territory of India.
A person shall not be qualified for appointment as a Judge of a High Court
unless he is a citizen of
has for at least ten years held a judicial office in the
has for at least ten years been an advocate of a High Court or of two or more
such Courts in succession;
For the purposes of this clause-
in computing the period during which a person has held judicial office in the
territory of India, there shall be included any period, after he has held any
judicial office, during which the person has been an Advocate of a High Court or
has held the office of a member of a tribunal or any post, under the Union or a
State, requiring special knowledge of law;
in computing the period during which a person has been an advocate of a High
Court, there shall be included any period during which the person has held
judicial office or the office of a member of a tribunal or any post, under the
Union or a State, requiring special knowledge of law after he became an
in computing the period during which a person has held judicial office in the
territory of India or been an advocate of High Court, there shall be included
any period before the commencement of this Constitution during which he has held
judicial office in any area which was comprised before the fifteenth day of
August, 1947, within India as defined by the Government of India Act, 1935, or
has been an advocate of any High Court in any such area, as the case may be.
If any question arises as to the age of a Judge of a High Court, the question
shall be decided by the President after consultation with the Chief Justice of
India and the decision of the President shall be final.
of certain provisions relating to Supreme Court to High Courts.- The provisions
of clauses (4) and (5) of Article 124 shall apply in relation to a High Court as
they apply in relation to the Supreme Court with the substitution of references
to the High Court for references to the Supreme Court.
or affirmation by Judges of High Courts.- Every person appointed to be a Judge
of a High Court shall, before he enters upon his office, make and subscribe
before the Governor of the State, or some person appointed in that behalf by
him, an oath or affirmation according to the form set out for the purpose in the
on practice after being a permanent Judge.- No person who, after the
commencement of this Constitution , has held office as a permanent Judge of a
High Court shall plead or act in any court or before any authority in
except the Supreme Court and the other High Courts.
In this article, the expression "High Court" does not include a High
Court for a State specified in Part B of the First Schedule as it existed before
the commencement of the Constitution (seventh Amendment) Act, 1956.
etc., of Judges.- (1) There shall be paid to the Judges of each High Court such
salaries as may be determined by Parliament by law and, until provision in that
behalf is so made, such salaries as are specified in the Second Schedule.
Every Judge shall be entitled to such allowances and to such rights in respect
of leave of absence and pension as may from time to time be determined by or
under law made by Parliament and, until so determined, to such allowances and
rights as are specified in the Second Schedule:
that neither the allowances of a Judge nor his rights in respect of leave of
absence shall be varied to his disadvantage after his appointment.
of a Judge from one High Court to another.-
The President may, after consultation with the Chief Justice of India, transfer
a Judge from one High Court to any other High Court.
When a Judge has been or is so transferred, he shall, during the period he
serves, after the commencement of the Constitution (Fifteenth Amendment) Act,
1963, as a Judge of the other High Court, be entitled to receive in addition to
his salary such compensatory allowance as may be determined by Parliament by law
and, until so determined, such compensatory allowance as the President may by
of acting Chief Justice.- When the office of Chief Justice of High Court is
vacant or when any such Chief Justice is, by reason of absence or otherwise,
unable to perform the duties of his office, the duties of the office shall be
performed by such one of the other Judges of the Court as the President may
appoint for the purposes.
of additional and acting Judges.- (1) If by reason of any temporary increase in
the business of High Court or by reason of arrears of work therein, it appears
to the President that the number of the Judges of that Court should be for the
time being increased, the President may appoint duly qualified persons to be
additional Judges of the Court for such period not exceeding two years as he may
When any Judge of a High Court other than the Chief Justice is by reason of
absence or for any other reason unable to perform the duties of his office or is
appointed to act temporarily as Chief Justice, the President may appoint a duly
qualified person to act as a Judge of that Court until the permanent Judge has
resumed his duties.
No person appointed as an additional or acting Judge of a High Court shall hold
office after attaining the age of sixty-two years.
of retired Judges at sittings of High Courts.- Notwithstanding anything in this
Chapter, the Chief Justice of a High Court for any State may at any time, with
the previous consent of the President, request any person who has held the
office of Judge of that Court or of any other High Court to sit and act as a
Judge of the High Court for that State, and every such person so requested
shall, while so sitting and acting, be entitled to such allowances as the
President may by order determine and have all the jurisdiction, powers and
privileges of, but shall not otherwise be deemed to be, a Judge of that High
that nothing in this article shall be deemed to require any such person as
aforesaid to sit and act as a Judge of that High Court unless he consents so to
of existing High Courts.- Subject to the provisions of this Constitution and to
the provisions of any law of the appropriate Legislature made by virtue of
powers conferred on that Legislature by this Constitution, the jurisdiction of,
and the law administered in, any existing High Court, and the respective powers
of the Judges thereof in relation to the administration of justice in the Court,
including any power to make rules of Court and to regulate the sittings of the
Court and of members thereof sitting alone or in Division Courts, shall be the
same as immediately before the commencement of this Constitution :
that any restriction to which the exercise of original jurisdiction by any of
the High Courts with respect to any matter concerning the revenue or concerning
any act ordered or done in the collection thereof was subject immediately before
the commencement of this Constitution shall no longer apply to the exercise of
of High Courts to issue certain writs.- (1) Notwithstanding anything in Article
32 every High Court shall have powers, throughout the territories in relation to
which it exercise jurisdiction, to issue to any person or authority, including
in appropriate cases, any Government, within those territories directions,
orders or writs, including writs in the nature of habeas corpus, mandamus,
prohibitions, quo warranto and certiorari, or any of them, for the enforcement
of any of the rights conferred by Part III and for any other purpose.
The power conferred by clause (1) to issue directions, orders or writs to any
Government, authority or person may also be exercised by any High Court
exercising jurisdiction in relation to the territories within which the cause of
action , wholly or in part, arises for the exercise of such power,
notwithstanding that the seat of such Government or authority or the residence
of such person is not within those territories.
Where any party against whom an interim order, whether by way of injunction or
stay or in any other manner, is made on, or in any proceedings relating to, a
petition under clause (1), without-
furnishing to such party copies of such petition and all documents in support of
the plea for such interim order; and
giving such party an opportunity of being heard, makes an application to the
High Court for the vacation of such order and furnishes a copy of such
application to the party in whose favour such order has been made or the counsel
of such party, the High Court shall dispose of the application within a period
of two weeks from the date on which it is received or from the date on which the
copy of such application is so furnished, whichever is later, or where the High
Court is closed on the last day of that period, before the expiry of the next
day afterwards on which the High Court is open; and if the application is not so
disposed of, the interim order shall, on the expiry of that period, or , as the
case may be, the expiry of the aid next day, stand vacated.
The power conferred on a High Court by this article shall not be in derogation
of the power conferred on the Supreme court by clause (2) of Article 32.
validity of Central laws not to be considered in proceedings under Article 226.
of superintendence over all courts by the High Court.- (1) Every High Court
shall have superintendence over all courts and tribunals throughout the
territories interrelation to which it exercises jurisdiction.
Without prejudice to the generality of the foregoing provisions, the High Court
call for returns from such courts;
make and issue general rules and prescribe forms for regulating the practice and
proceedings of such courts; and
prescribe forms in which books, entries and accounts shall be kept by the
officers of any such courts.
The High Court may also settle tables of fees to be allowed to the sheriff and
all clerks and officers of such courts and to attorneys, advocates and pleaders
that any rules made, forms prescribed or tables settled under clause (2) or
clause (3) shall not be inconsistent with the provision of any law for the time
being in force, and shall require the previous approval of the Governor.
Nothing in this article shall be deemed to confer on a High Court powers of
superintendence over any court or tribunal constituted by or under any law
relating to the Armed Forces.
228. Transfer of certain cases to High Court.â€”
the High Court is satisified that a case pending in a court subordinate to it
involves a substantial question of law as to the interpretation of this
Constitution the determination of which is necessary for the disposal of the
case, it shall withdraw the case and *** mayâ€”.
either dispose of the case itself, or
determine the said question of law and return the case to the court from which
the case has been so withdrawn together with a copy of its judgment on such
question, and the said court shall on receipt thereof proceed to dispose of the
case in confirmity with such judgment.
Special provisions as to disposal of question relating to constitutional
validity of State Laws.â€”
by the Constitution (Forty-third Amendment) Act, 1977, sec. 10, (w.e.f.
Officers and servants and the expenses of High Courts.â€”
Appointments of officers and servants of a High Court shall be made by the Chief
Justice of the Court or such other Judge or officer of the Court as he may
that the Governor of the State *** may by rule require that in such cases as may
be specified in the rule no person not already attached to the Court shall be
appointed to any office connected with the Court save after consultation with
the State Public Service Commission.
Subject to the provisions of any law made by the Legislature of the State, the
conditions of service of officers and servants of a High Court shall be such as
may be prescribed by rules made by the Chief Justice of the Court or by some
other Judge or officer of the Court authorised by the Chief Justice to make
rules for the purpose:
that the rules made under this clause shall, so far as they relate to salaries,
allowances, leave or pensions, require the approval of the Governor of the State
The administrative expenses of a High Court, including all salaries, allowacnes
and pensions payable to or in respect of the officers and servants of the court,
shall be charged upon the Consolidated Fund of the State, and any fees or other
moneys taken by the Court shall form part of that Fund.
Extension of jurisdiction of High Courts to Union territories.â€”
Parliament may by law extend the jurisdiction of a High Court to, or exclude the
jurisdiction of a High Court from, any Union territory.
Where the High Court of a State exercises jurisdiction in relation to a Union
nothing in this Constitution shall be construed as empowering the Legislature of
the State to increase, restrict or abolish that jurisdiction; and
the reference in article 227 to the Governor shall, in relation to any rules,
forms or tables for subordinate courts in that territory, be construed as a
reference to the President.
Establishment of a common High Court for two or more States.â€”
Notwithstanding anything contained in the preceding provisions of this Chapter,
Parliament may by law establish a common High Court for two or more States or
for two or more States and a Union territory.
In relation to any such High Court,â€”
the reference in article 217 to the Governor of the State shall be construed as
a reference to the Governors of all the States in relation to which the High
Court exercises jurisdiction;
the reference in article 227 to the Governor shall, in relation to any rules,
forms or tables for subordinate courts, be construed as a reference to the
Governor of the State in which the Subordinate Courts are situate; and
the reference in articles 219 and 229 to the State shall be construed as a
reference to the State in which the High Court has its principal seat:
that if such principal seat is in a Union territory, the references in articles
210 and 229 to the Governor, Public Service Commission, Legislature and
Consolidated Fund of the State shall be construed respectively as references to
the President, Union Public Service Commission, Parliament and Consolidated Fund
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