[134A. Certificate for appeal to the Supreme Court.—Every High
Court, passing or making a judgment, decree, final order, or sentence, referred to
in clause
(1) of article 132 or clause
(1) of article 133, or clause
(1) of article
134,—
(a) may, if it deems fit so to do, on its own motion; and
(b) shall, if an oral application is made, by or on behalf of the party
aggrieved, immediately after the passing or making of such judgment,
decree, final order or sentence,
determine, as soon as may be after such passing or making, the question
whether a certificate of the nature referred to in clause
(1) of article 132, or
clause
(1) of article 133 or, as the case may be, sub-clause
(c) of clause
(1) of
article 134, may be given in respect of that case.]
135. Jurisdiction and powers of the Federal Court under existing
law to be exercisable by the Supreme Court.—Until Parliament by law
otherwise provides, the Supreme Court shall also have jurisdiction and powers
with respect to any matter to which the provisions of article 133 or article 134
do not apply if jurisdiction and powers in relation to that matter were
exercisable by the Federal Court immediately before the commencement of this
Constitution under any existing law.
136. Special leave to appeal by the Supreme Court.—
(1)
Notwithstanding anything in this Chapter, the Supreme Court may, in its
discretion, grant special leave to appeal from any judgment, decree,
determination, sentence or order in any cause or matter passed or made by any
court or tribunal in the territory of India.
(2) Nothing in clause
(1) shall apply to any judgment, determination,
sentence or order passed or made by any court or tribunal constituted by or
under any law relating to the Armed Forces.
137. Review of judgments or orders by the Supreme Court.—Subject
to the provisions of any law made by Parliament or any rules made under
article 145, the Supreme Court shall have power to review any judgment
pronounced or order made by it.
______________________________________________
1. Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 20 (w.e.f. 1-8-1979).
64 THE CONSTITUTION OF INDIA
(Part V.—The Union)
138. Enlargement of the jurisdiction of the Supreme Court.—
(1) The
Supreme Court shall have such further jurisdiction and powers with respect to
any of the matters in the Union List as Parliament may by law confer.
(2) The Supreme Court shall have such further jurisdiction and powers
with respect to any matter as the Government of India and the Government of
any State may by special agreement confer, if Parliament by law provides for
the exercise of such jurisdiction and powers by the Supreme Court.
139. Conferment on the Supreme Court of powers to issue certain
writs.—Parliament may by law confer on the Supreme Court power to issue
directions, orders or writs, including writs in the nature of habeas corpus,
mandamus, prohibition, quo warranto and certiorari, or any of them, for any
purposes other than those mentioned in clause
(2) of article 32.
1
[139A. Transfer of certain cases.—2[
(1) Where cases involving the
same or substantially the same questions of law are pending before the
Supreme Court and one or more High Courts or before two or more High
Courts and the Supreme Court is satisfied on its own motion or on an
application made by the Attorney-General of India or by a party to any such
case that such questions are substantial questions of general importance, the
Supreme Court may withdraw the case or cases pending before the High Court
or the High Courts and dispose of all the cases itself:
Provided that the Supreme Court may after determining the said
questions of law return any case so withdrawn together with a copy of its
judgment on such questions to the High Court from which the case has been
withdrawn, and the High Court shall on receipt thereof, proceed to dispose of
the case in conformity with such judgment.]
(2) The Supreme Court may, if it deems it expedient so to do for the ends
of justice, transfer any case, appeal or other proceedings pending before any
High Court to any other High Court.]
140. Ancillary powers of the Supreme Court.—Parliament may by
law make provision for conferring upon the Supreme Court such supplemental
powers not inconsistent with any of the provisions of this Constitution as may
appear to be necessary or desirable for the purpose of enabling the Court more
effectively to exercise the jurisdiction conferred upon it by or under this
Constitution.
______________________________________________
1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 24 (w.e.f. 1-2-1977).
2. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 21, for cl.
(1)
(w.e.f. 1-8-1979).
65 THE CONSTITUTION OF INDIA
(Part V.—The Union)
141. Law declared by Supreme Court to be binding on all courts.—
The law declared by the Supreme Court shall be binding on all courts within
the territory of India.
142. Enforcement of decrees and orders of the Supreme Court and
orders as to discovery, etc.—
(1) The Supreme Court in the exercise of its
jurisdiction may pass such decree or make such order as is necessary for doing
complete justice in any cause or matter pending before it, and any decree so
passed or order so made shall be enforceable throughout the territory of India in
such manner as may be prescribed by or under any law made by Parliament
and, until provision in that behalf is so made, in such manner as the President
may by order1 prescribe.
(2) Subject to the provisions of any law made in this behalf by
Parliament, the Supreme Court shall, as respects the whole of the territory of
India, have all and every power to make any order for the purpose of securing
the attendance of any person, the discovery or production of any documents, or
the investigation or punishment of any contempt of itself.
143. Power of the President to consult the Supreme Court.—
(1) If at
any time it appears to the President that a question of law or fact has arisen, or
is likely to arise, which is of such a nature and of such public importance that it
is expedient to obtain the opinion of the Supreme Court upon it, he may refer
the question to that Court for consideration and the Court may, after such
hearing as it thinks fit, report to the President its opinion thereon.
(2) The President may, notwithstanding anything in 2*** the proviso to
article 131, refer a dispute of the kind mentioned in the 3[said proviso] to the
Supreme Court for opinion and the Supreme Court shall, after such hearing as it
thinks fit, report to the President its opinion thereon.
144. Civil and judicial authorities to act in aid of the Supreme
Court.—All authorities, civil and judicial, in the territory of India shall act in
aid of the Supreme Court.
4
[144A. [Special provisions as to disposal of questions relating to
constitutional validity of laws.].—Omitted by the Constitution (Forty-third
Amendment) Act, 1977, s. 5 (w.e.f. 13-4-1978).]
145. Rules of Court, etc.—
(1) Subject to the provisions of any law
made by Parliament, the Supreme Court may from time to time, with the
approval of the President, make rules for regulating generally the practice and
procedure of the Court including—
(a) rules as to the persons practising before the Court;
______________________________________________
1. See the Supreme Court (Decrees and Orders) Enforcement Order, 1954 (C.O. 47).
2. The words, brackets and figure "clause
(i) of" omitted by the Constitution (Seventh
Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
3. Subs. by s. 29 and Sch., ibid., for "said clause" (w.e.f. 1-11-1956).
4. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 25 (w.e.f. 1-2-1977).
66 THE CONSTITUTION OF INDIA
(Part V.—The Union)
(b) rules as to the procedure for hearing appeals and other matters
pertaining to appeals including the time within which appeals to the
Court are to be entered;
(c) rules as to the proceedings in the Court for the enforcement of
any of the rights conferred by Part III;
1
[(cc) rules as to the proceedings in the Court under 2[article
139A];]
(d) rules as to the entertainment of appeals under sub-clause
(c) of
clause
(1) of article 134;
(e) rules as to the conditions subject to which any judgment
pronounced or order made by the Court may be reviewed and the
procedure for such review including the time within which applications
to the Court for such review are to be entered;
(f) rules as to the costs of and incidental to any proceedings in the
Court and as to the fees to be charged in respect of proceedings therein;
(g) rules as to the granting of bail;
(h) rules as to stay of proceedings;
(i) rules providing for the summary determination of any appeal
which appears to the Court to be frivolous or vexatious or brought for
the purpose of delay;
(j) rules as to the procedure for inquiries referred to in
clause
(1) of article 317.
(2) Subject to the 3[provisions of 4*** clause
(3)], rules made under this
article may fix the minimum number of Judges who are to sit for any purpose,
and may provide for the powers of single Judges and Division Courts.
(3) 5[4***The minimum number] of Judges who are to sit for the purpose
of deciding any case involving a substantial question of law as to the
interpretation of this Constitution or for the purpose of hearing any reference
under article 143 shall be five:
______________________________________________
1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 26 (w.e.f. 1-2-1977).
2. Subs. by the Constitution (Forty-third Amendment) Act, 1977, s. 6, for "articles 131A
and 139A" (w.e.f. 13-4-1978).
3. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 26, for "provisions
of clause
(3)" (w.e.f. 1-2-1977).
4. Certain words omitted by the Constitution (Forty-third Amendment) Act, 1977, s. 6
(w.e.f. 13-4-1978).
5. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 26, for "The
minimum number" (w.e.f. 1-2-1977).
67 THE CONSTITUTION OF INDIA
(Part V.—The Union)
Provided that , where the Court hearing an appeal under any of the
provisions of this Chapter other than article 132 consists of less than five
Judges and in the course of the hearing of the appeal the Court is satisfied that
the appeal involves a substantial question of law as to the interpretation of this
Constitution the determination of which is necessary for the disposal of the
appeal, such Court shall refer the question for opinion to a Court constituted as
required by this clause for the purpose of deciding any case involving such a
question and shall on receipt of the opinion dispose of the appeal in conformity
with such opinion.
(4) No judgment shall be delivered by the Supreme Court save in open
Court, and no report shall be made under article 143 save in accordance with an
opinion also delivered in open Court.
(5) No judgment and no such opinion shall be delivered by the Supreme
Court save with the concurrence of a majority of the Judges present at the
hearing of the case, but nothing in this clause shall be deemed to prevent a
Judge who does not concur from delivering a dissenting judgment or opinion.
146. Officers and servants and the expenses of the Supreme Court.—
(1) Appointments of officers and servants of the Supreme Court shall be made
by the Chief Justice of India or such other Judge or officer of the Court as he
may direct:
Provided that the President may by rule require that in such cases as may
be specified in the rule, no person not already attached to the Court shall be
appointed to any office connected with the Court, save after consultation with
the Union Public Service Commission.
(2) Subject to the provisions of any law made by Parliament, the
conditions of service of officers and servants of the Supreme Court shall be
such as may be prescribed by rules made by the Chief Justice of India or by
some other Judge or officer of the Court authorised by the Chief Justice of
India to make rules for the purpose:
Provided that the rules made under this clause shall, so far as they relate
to salaries, allowances, leave or pensions, require the approval of the President.
(3) The administrative expenses of the Supreme Court, including all
salaries, allowances and pensions payable to or in respect of the officers and
servants of the Court, shall be charged upon the Consolidated Fund of India,
and any fees or other moneys taken by the Court shall form part of that Fund.
68 THE CONSTITUTION OF INDIA
(Part V.—The Union)
147. Interpretation.—In this Chapter and in Chapter V of Part VI,
references to any substantial question of law as to the interpretation of this
Constitution shall be construed as including references to any substantial
question of law as to the interpretation of the Government of India Act, 1935
(including any enactment amending or supplementing that Act), or of any
Order in Council or order made thereunder, or of the Indian Independence
Act, 1947, or of any order made thereunder.
CHAPTER V.—COMPTROLLER AND AUDITOR-GENERAL OF INDIA
148. Comptroller and Auditor-General of India.—
(1) There shall be a
Comptroller and Auditor-General of India who shall be appointed by the
President by warrant under his hand and seal and shall only be removed from
office in like manner and on the like grounds as a Judge of the Supreme Court.
(2) Every person appointed to be the Comptroller and Auditor-General
of India shall, before he enters upon his office, make and subscribe before the
President, or some person appointed in that behalf by him, an oath or
affirmation according to the form set out for the purpose in the Third Schedule.
(3) The salary and other conditions of service of the Comptroller and
Auditor-General shall be such as may be determined by Parliament by law and,
until they are so determined, shall be as specified in the Second Schedule:
Provided that neither the salary of a Comptroller and Auditor-General
nor his rights in respect of leave of absence, pension or age of retirement shall
be varied to his disadvantage after his appointment.
(4) The Comptroller and Auditor-General shall not be eligible for further
office either under the Government of India or under the Government of any
State after he has ceased to hold his office.
(5) Subject to the provisions of this Constitution and of any law made by
Parliament, the conditions of service of persons serving in the Indian Audit and
Accounts Department and the administrative powers of the Comptroller and
Auditor-General shall be such as may be prescribed by rules made by the
President after consultation with the Comptroller and Auditor-General.
(6) The administrative expenses of the office of the Comptroller and
Auditor-General, including all salaries, allowances and pensions payable to or
in respect of persons serving in that office, shall be charged upon the
Consolidated Fund of India.
69 THE CONSTITUTION OF INDIA
(Part V.—The Union)
149. Duties and powers of the Comptroller and Auditor-General.—
The Comptroller and Auditor-General shall perform such duties and exercise
such powers in relation to the accounts of the Union and of the States and of
any other authority or body as may be prescribed by or under any law made by
Parliament and, until provision in that behalf is so made, shall perform such
duties and exercise such powers in relation to the accounts of the Union and of
the States as were conferred on or exercisable by the Auditor-General of India
immediately before the commencement of this Constitution in relation to the
accounts of the Dominion of India and of the Provinces respectively.
1
[150. Form of accounts of the Union and of the States.—The
accounts of the Union and of the States shall be kept in such form as the
President may, 2[on the advice of] the Comptroller and Auditor-General of
India, prescribe.]
151. Audit reports.—
(1) The reports of the Comptroller and Auditor-
General of India relating to the accounts of the Union shall be submitted to the
President, who shall cause them to be laid before each House of Parliament.
(2) The reports of the Comptroller and Auditor-General of India relating
to the accounts of a State shall be submitted to the Governor 3*** of the State,
who shall cause them to be laid before the Legislature of the State.
______________________________________________
1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 27, for art.150
(w.e.f. 1-4-1977).
2. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 22, for "after
consultation with" (w.e.f. 20-6-1979).
3. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment)
Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
PART VI
THE STATES 1***
CHAPTER I.—GENERAL
152. Definition.—In this Part, unless the context otherwise requires, the
expression “State” 2[does not include the State of Jammu and Kashmir].
CHAPTER II.—THE EXECUTIVE
The Governor
153. Governors of States.—There shall be a Governor for each State:
3
[
Provided that nothing in this article shall prevent the appointment of
the same person as Governor for two or more States.]
154. Executive power of State.—
(1) The executive power of the State
shall be vested in the Governor and shall be exercised by him either directly or
through officers subordinate to him in accordance with this Constitution.
(2) Nothing in this article shall—
(a) be deemed to transfer to the Governor any functions conferred by
any existing law on any other authority; or
(b) prevent Parliament or the Legislature of the State from conferring
by law functions on any authority subordinate to the Governor.
155. Appointment of Governor.—The Governor of a State shall be
appointed by the President by warrant under his hand and seal.
156. Term of office of Governor.—
(1) The Governor shall hold office
during the pleasure of the President.
(2) The Governor may, by writing under his hand addressed to the
President, resign his office.
(3) Subject to the foregoing provisions of this article, a Governor shall
hold office for a term of five years from the date on which he enters upon his
office:
______________________________________________
1. The words "IN PART A OF THE FIRST SCHEDULE" omitted by the Constitution
(Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
2. Subs. by s. 29 and Sch. ibid., for "means a State specified in Part A of the First
Schedule" (w.e.f. 1-11-1956).
3. Added by s. 6, ibid. (w.e.f. 1-11-1956).
70
71 THE CONSTITUTION OF INDIA
(Part VI.—The States)
Provided that a Governor shall, notwithstanding the expiration of his
term, continue to hold office until his successor enters upon his office.
157. Qualifications for appointment as Governor.—No person shall
be eligible for appointment as Governor unless he is a citizen of India and has
completed the age of thirty-five years.
158. Conditions of Governor's office.—
(1) The Governor shall not be a
member of either House of Parliament or of a House of the Legislature of any
State specified in the First Schedule, and if a member of either House of
Parliament or of a House of the Legislature of any such State be appointed
Governor, he shall be deemed to have vacated his seat in that House on the date
on which he enters upon his office as Governor.
(2) The Governor shall not hold any other office of profit.
(3) The Governor shall be entitled without payment of rent to the use of
his official residences and shall be also entitled to such emoluments,
allowances and privileges as may be determined by Parliament by law and,
until provision in that behalf is so made, such emoluments, allowances and
privileges as are specified in the Second Schedule.
1
[(3A) Where the same person is appointed as Governor of two or more
States, the emoluments and allowances payable to the Governor shall be allocated
among the States in such proportion as the President may by order determine.]
(4) The emoluments and allowances of the Governor shall not be
diminished during his term of office.
159. Oath or affirmation by the Governor.—Every Governor and
every person discharging the functions of the Governor shall, before entering
upon his office, make and subscribe in the presence of the Chief Justice of the
High Court exercising jurisdiction in relation to the State, or, in his absence, the
senior most Judge of that Court available, an oath or affirmation in the
following form, that is to say—
“I, A. B., do swear in the name of God that I will faithfully execute the
solemnly affirm
office of Governor (or discharge the functions of the Governor) of
.........(name of the State) and will to the best of my ability preserve, protect
and defend the Constitution and the law and that I will devote myself to the
service and well-being of the people of ..……(name of the State).”.
______________________________________________
1. Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 7 (w.e.f. 1-11-1956).
72 THE CONSTITUTION OF INDIA
(Part VI.—The States)
160. Discharge of the functions of the Governor in certain
contingencies.—The President may make such provision as he thinks fit for the
discharge of the functions of the Governor of a State in any contingency not
provided for in this Chapter.
161. Power of Governor to grant pardons, etc., and to suspend, remit
or commute sentences in certain cases.—The Governor of a State shall have
the power to grant pardons, reprieves, respites or remissions of punishment or
to suspend, remit or commute the sentence of any person convicted of any
offence against any law relating to a matter to which the executive power of the
State extends.
162. Extent of executive power of State.—Subject to the provisions of
this Constitution, the executive power of a State shall extend to the matters with
respect to which the Legislature of the State has power to make laws:
Provided that in any matter with respect to which the Legislature of a
State and Parliament have power to make laws, the executive power of the
State shall be subject to, and limited by, the executive power expressly
conferred by this Constitution or by any law made by Parliament upon the
Union or authorities thereof.
Council of Ministers
163. Council of Ministers to aid and advise Governor.—
(1) There shall
be a Council of Ministers with the Chief Minister at the head to aid and advise the
Governor in the exercise of his functions, except in so far as he is by or under this
Constitution required to exercise his functions or any of them in his discretion.
(2) If any question arises whether any matter is or is not a matter as
respects which the Governor is by or under this Constitution required to act in
his discretion, the decision of the Governor in his discretion shall be final, and
the validity of anything done by the Governor shall not be called in question on
the ground that he ought or ought not to have acted in his discretion.
(3) The question whether any, and if so what, advice was tendered by
Ministers to the Governor shall not be inquired into in any court.
164. Other provisions as to Ministers.—
(1) The Chief Minister shall
be appointed by the Governor and the other Ministers shall be appointed by the
Governor on the advice of the Chief Minister, and the Ministers shall hold
office during the pleasure of the Governor:
73 THE CONSTITUTION OF INDIA
(Part VI.—The States)
Provided that in the States of 1[Chhattisgarh, Jharkhand], Madhya
Pradesh and 2[Odisha] there shall be a Minister in charge of tribal welfare who
may in addition be in charge of the welfare of the Scheduled Castes and
backward classes or any other work.
3
[(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 date4 as the President
may by public notification appoint.
(1B) A member of the Legislative Assembly of a State or either House of
the Legislature of a State having Legislative Council belonging to any political
party who is disqualified for being a member of that House under paragraph 2
of the Tenth Schedule shall also be disqualified to be appointed as a Minister
under clause
(1) for duration of the period commencing from the date of his
disqualification till the date on which the term of his office as such member
would expire or where he contests any election to the Legislative Assembly of
a State or either House of the Legislature of a State having Legislative Council,
as the case may be, before the expiry of such period, till the date on which he is
declared elected, whichever is earlier.]
(2) The Council of Ministers shall be collectively responsible to the
Legislative Assembly of the State.
(3) Before a Minister enters upon his office, the Governor shall
administer to him the oaths of office and of secrecy according to the forms set
out for the purpose in the Third Schedule.
______________________________________________
1. Subs. by the Constitution (Ninety-fourth Amendment) Act, 2006, s. 2, for "Bihar"
(w.e.f. 12-6-2006).
2. Subs. by the Orissa (Alteration of Name) Act, 2011 (15 of 2011), s. 4, for "Orissa"
(w.e.f. 1-11-2011).
3. Ins. by the Constitution (Ninety-first Amendment) Act, 2003, s. 3 (w.e.f. 1-1-2004).
4. 7-1-2004, vide notification number S.O. 21(E), dated 7-1-2004.
74 THE CONSTITUTION OF INDIA
(Part VI.—The States)
(4) A Minister who for any period of six consecutive months is not a
member of the Legislature of the State shall at the expiration of that period
cease to be a Minister.
(5) The salaries and allowances of Ministers shall be such as the Legislature
of the State may from time to time by law determine and, until the Legislature of the
State so determines, shall be as specified in the Second Schedule.
The Advocate-General for the State
165. Advocate-General for the State.—
(1) The Governor of each State
shall appoint a person who is qualified to be appointed a Judge of a High Court
to be Advocate-General for the State.
(2) It shall be the duty of the Advocate-General to give advice to the
Government of the State upon such legal matters, and to perform such other
duties of a legal character, as may from time to time be referred or assigned to
him by the Governor, and to discharge the functions conferred on him by or
under this Constitution or any other law for the time being in force.
(3) The Advocate-General shall hold office during the pleasure of the
Governor, and shall receive such remuneration as the Governor may determine.
Conduct of Government Business
166. Conduct of Business of the Government of a State.—
(1) All
executive action of the Government of a State shall be expressed to be taken in
the name of the Governor.
(2) Orders and other instruments made and executed in the name of the
Governor shall be authenticated in such manner as may be specified in rules to
be made by the Governor, and the validity of an order or instrument which is so
authenticated shall not be called in question on the ground that it is not an order
or instrument made or executed by the Governor.
(3) The Governor shall make rules for the more convenient transaction of
the business of the Government of the State, and for the allocation amon
