233. Appointment of district judges.—
(1) Appointments of persons to
______________________________________________
1. Sub-clause
(a) was omitted by the Constitution (Ninety-ninth Amendment) Act, 2014,
s. 10 (w.e.f. 13-4-2015). This amendment has been struck down by the Supreme Court
vide its order the 16-10-2015 in the Supreme Court Advocates-on-Record Association
and Another Vs. Union of India reported AIR 2016 SC 117. Before amendment,
sub-clause
(a) was as under:—
"
(a) the reference in article 217 to the Governor of the State shall be construed as
reference to the Governors of all the States in relation to which the High Court
exercises jurisdiction".
109 THE CONSTITUTION OF INDIA
(Part VI.—The States)
be, and the posting and promotion of, district judges in any State shall be made
by the Governor of the State in consultation with the High Court exercising
jurisdiction in relation to such State.
(2) A person not already in the service of the Union or of the State shall
only be eligible to be appointed a district judge if he has been for not less than
seven years an advocate or a pleader and is recommended by the High Court
for appointment.
1
[233A. Validation of appointments of, and judgments, etc.,
delivered by, certain district judges.—Notwithstanding any judgment,
decree or order of any court,—
(a)
(i) no appointment of any person already in the judicial service
of a State or of any person who has been for not less than seven years an
advocate or a pleader, to be a district judge in that State, and
(ii) no posting, promotion or transfer of any such person as a
district judge, made at any time before the commencement of the
Constitution (Twentieth Amendment) Act, 1966, otherwise than in
accordance with the provisions of article 233 or article 235 shall be
deemed to be illegal or void or ever to have become illegal or void by
reason only of the fact that such appointment, posting, promotion or
transfer was not made in accordance with the said provisions;
(b) no jurisdiction exercised, no judgment, decree, sentence or order
passed or made, and no other act or proceeding done or taken, before the
commencement of the Constitution (Twentieth Amendment) Act, 1966
by, or before, any person appointed, posted, promoted or transferred as a
district judge in any State otherwise than in accordance with the
provisions of article 233 or article 235 shall be deemed to be illegal or
invalid or ever to have become illegal or invalid by reason only of the
fact that such appointment, posting, promotion or transfer was not made
in accordance with the said provisions.]
234. Recruitment of persons other than district judges to the judicial
service.—Appointments of persons other than district judges to the judicial service
of a State shall be made by the Governor of the State in accordance with rules made
by him in that behalf after consultation with the State Public Service Commission
and with the High Court exercising jurisdiction in relation to such State.
______________________________________________
1. Ins. by the Constitution (Twentieth Amendment) Act, 1966, s. 2 (w.e.f. 22-12-1966).
110 THE CONSTITUTION OF INDIA
(Part VI.—The States)
235. Control over subordinate courts.—The control over district
courts and courts subordinate thereto including the posting and promotion of,
and the grant of leave to, persons belonging to the judicial service of a State
and holding any post inferior to the post of district judge shall be vested in the
High Court, but nothing in this article shall be construed as taking away from
any such person any right of appeal which he may have under the law
regulating the conditions of his service or as authorising the High Court to deal
with him otherwise than in accordance with the conditions of his service
prescribed under such law.
236. Interpretation.—In this Chapter—
(a) the expression “district judge” includes judge of a city civil court,
additional district judge, joint district judge, assistant district judge, chief
judge of a small cause court, chief presidency magistrate, additional
chief presidency magistrate, sessions judge, additional sessions judge
and assistant sessions Judge;
(b) the expression “judicial service” means a service consisting
exclusively of persons intended to fill the post of district judge and other
civil judicial posts inferior to the post of district judge.
237. Application of the provisions of this Chapter to certain class or
classes of magistrates.—The Governor may by public notification direct that
the foregoing provisions of this Chapter and any rules made thereunder shall
with effect from such date as may be fixed by him in that behalf apply in
relation to any class or classes of magistrates in the State as they apply in
relation to persons appointed to the judicial service of the State subject to such
exceptions and modifications as may be specified in the notification.
PART VII
[The States in Part B of the First Schedule].
______________________________________________
Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and
Sch. (w.e.f. 1 -11-1956)
111
PART VIII
1
[THE UNION TERRITORIES]
2
[239. Administration of Union territories.—
(1) Save as otherwise
provided by Parliament by law, every Union territory shall be administered by
the President acting, to such extent as he thinks fit, through an administrator to
be appointed by him with such designation as he may specify.
(2) Notwithstanding anything contained in Part VI, the President may
appoint the Governor of a State as the administrator of an adjoining Union
territory, and where a Governor is so appointed, he shall exercise his functions
as such administrator independently of his Council of Ministers.]
3
*[239A. Creation of local Legislatures or Council of Ministers or
both for certain Union territories.—
(1) Parliament may by law create 4[for
the Union territory of 5[Puducherry]]—
(a) a body, whether elected or partly nominated and partly elected, to
function as a Legislature for the Union territory, or
(b) a Council of Ministers,
or both with such constitution, powers and functions, in each case, as may be
specified in the law.
(2) Any such law as is referred to in clause
(1) shall not be deemed to be
an amendment of this Constitution for the purposes of article 368
notwithstanding that it contains any provision which amends or has the effect
of amending this Constitution.]
______________________________________________
1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 17, for the heading
"THE STATES IN PART C OF THE FIRST SCHEDULE" (w.e.f. 1-11-1956).
2. Subs. by s. 17, ibid., for art. 239 (w.e.f. 1-11-1956).
3. Ins. by the Constitution (Fourteenth Amendment) Act, 1962, s. 4 (w.e.f. 28-12-1962).
4. Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987) s. 63, for
"for any of the Union territories of Goa, Daman and Diu and Pondicherry"
(w.e.f. 30-5-1987).
5. Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for
"Pondicherry" (w.e.f. 1-10-2006).
* Article 239A has been made applicable to Union Territory of Jammu and Kashmir by
the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019) S.13
(w.e.f. 31-10-2019)
112
113 THE CONSTITUTION OF INDIA
(Part VIII.—The Union Territories)
1
[239AA. Special provisions with respect to Delhi.—
(1) As from the
date of commencement of the Constitution (Sixty-ninth Amendment) Act,
1991, the Union territory of Delhi shall be called the National Capital Territory
of Delhi (hereafter in this Part referred to as the National Capital Territory) and
the administrator thereof appointed under article 239 shall be designated as the
Lieutenant Governor.
(2)
(a) There shall be a Legislative Assembly for the National Capital
Territory and the seats in such Assembly shall be filled by members chosen by
direct election from territorial constituencies in the National Capital Territory.
(b) The total number of seats in the Legislative Assembly, the number of
seats reserved for Scheduled Castes, the division of the National Capital
Territory into territorial constituencies (including the basis for such division)
and all other matters relating to the functioning of the Legislative Assembly
shall be regulated by law made by Parliament.
2
[(ba) Seats shall be reserved for women in the Legislative Assembly of
the National Capital Territory of Delhi.
(bb) As nearly as may be, one-third of the seats reserved for the
Scheduled Castes in the Legislative Assembly of the National Capital Territory
of Delhi shall be reserved for women.
(bc) As nearly as may be, one-third of the total number of seats to be
filled by direct election in the Legislative Assembly of the National Capital
Territory of Delhi (including the numbers of seats reserved for women
belonging to the Scheduled Castes) shall be reserved for women in such
manner as Parliament may by law determine.]
(c) The provisions of articles 324 to 327 and 329 shall apply in relation
to the National Capital Territory, the Legislative Assembly of the National
Capital Territory and the members thereof as they apply, in relation to a State,
the Legislative Assembly of a State and the members thereof respectively; and
any reference in articles 326 and 329 to “appropriate Legislature” shall be
deemed to be a reference to Parliament.
______________________________________________
1. Arts 239AA and 239 AB ins. by the Constitution (Sixty-ninth Amendment) Act, 1991,
s. 2 (w.e.f. 1-2-1992).
2. ins. by the Constitution (One-hundred and Sixth Amendment) Act, 2023, s. 2 (date yet
to be notified).
114 THE CONSTITUTION OF INDIA
(Part VIII.—The Union Territories)
(3)
(a) Subject to the provisions of this Constitution, the Legislative
Assembly shall have power to make laws for the whole or any part of the
National Capital Territory with respect to any of the matters enumerated in the
State List or in the Concurrent List in so far as any such matter is applicable to
Union territories except matters with respect to Entries 1, 2 and 18 of the State
List and Entries 64, 65 and 66 of that List in so far as they relate to the said
Entries 1, 2 and 18.
(b) Nothing in sub-clause
(a) shall derogate from the powers of
Parliament under this Constitution to make laws with respect to any matter for
a Union territory or any part thereof.
(c) If any provision of a law made by the Legislative Assembly with
respect to any matter is repugnant to any provision of a law made by Parliament
with respect to that matter, whether passed before or after the law made by the
Legislative Assembly, or of an earlier law, other than a law made by the
Legislative Assembly, then, in either case, the law made by Parliament, or, as
the case may be, such earlier law, shall prevail and the law made by the
Legislative Assembly shall, to the extent of the repugnancy, be void:
Provided that if any such law made by the Legislative Assembly has
been reserved for the consideration of the President and has received his assent,
such law shall prevail in the National Capital Territory:
Provided further that nothing in this sub-clause shall prevent Parliament
from enacting at any time any law with respect to the same matter including a
law adding to, amending, varying or repealing the law so made by the
Legislative Assembly.
(4) There shall be a Council of Ministers consisting of not more than ten
percent. of the total number of members in the Legislative Assembly, with the
Chief Minister at the head to aid and advise the Lieutenant Governor in the
exercise of his functions in relation to matters with respect to which the
Legislative Assembly has power to make laws, except in so far as he is, by or
under any law, required to act in his discretion:
Provided that in the case of difference of opinion between the Lieutenant
Governor and his Ministers on any matter, the Lieutenant Governor shall refer
it to the President for decision and act according to the decision given thereon
by the President and pending such decision it shall be competent for the
Lieutenant Governor in any case where the matter, in his opinion, is so urgent
that it is necessary for him to take immediate action, to take such action or to
give such direction in the matter as he deems necessary.
115 THE CONSTITUTION OF INDIA
(Part VIII.—The Union Territories)
(5) The Chief Minister shall be appointed by the President and other
Ministers shall be appointed by the President on the advice of the Chief
Minister and the Ministers shall hold office during the pleasure of the
President.
(6) The Council of Ministers shall be collectively responsible to the
Legislative Assembly.
1
[
(7)
(a)] Parliament may, by law, make provisions for giving effect to,
or supplementing the provisions contained in the foregoing clauses and for all
matters incidental or consequential thereto.
2
[
(b) Any such law as is referred to in sub-clause
(a) shall not be deemed
to be an amendment of this Constitution for the purposes of article 368
notwithstanding that it contains any provision which amends or has the effect
of amending, this Constitution.]
(8) The provisions of article 239B shall, so far as may be, apply in
relation to the National Capital Territory, the Lieutenant Governor and the
Legislative Assembly, as they apply in relation to the Union territory of
3
[Puducherry], the administrator and its Legislature, respectively; and any
reference in that article to “clause
(1) of article 239A” shall be deemed to be a
reference to this article or article 239AB, as the case may be.
239AB. Provision in case of failure of constitutional machinery.—If
the President, on receipt of a report from the Lieutenant Governor or otherwise,
is satisfied—
(a) that a situation has arisen in which the administration of the
National Capital Territory cannot be carried on in accordance with the
provisions of article 239AA or of any law made in pursuance of that
article; or
(b) that for the proper administration of the National Capital
Territory it is necessary or expedient so to do,
the President may by order suspend the operation of any provision of article
239AA or of all or any of the provisions of any law made in pursuance of that
______________________________________________
1. Subs. by the Constitution (Seventieth Amendment) Act, 1992, s. 3, for "
(7)"
(w.e.f. 21-12-1991).
2. Ins. by s. 3, ibid. (w.e.f. 21-12-1991).
3. Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for
"Pondicherry" (w.e.f. 1-10-2006).
.
116 THE CONSTITUTION OF INDIA
(Part VIII.—The Union Territories)
article for such period and subject to such conditions as may be specified in
such law and make such incidental and consequential provisions as may appear
to him to be necessary or expedient for administering the National Capital
Territory in accordance with the provisions of article 239 and article 239AA.]
1
[239B. Power of administrator to promulgate Ordinances during
recess of Legislature.—
(1) If at any time, except when the Legislature of 2[the
Union territory of 3[Puducherry]] is in session, the administrator thereof is
satisfied that circumstances exist which render it necessary for him to take
immediate action, he may promulgate such Ordinances as the circumstances
appear to him to require:
Provided that no such Ordinance shall be promulgated by the
administrator except after obtaining instructions from the President in that
behalf:
Provided further that whenever the said Legislature is dissolved, or its
functioning remains suspended on account of any action taken under any such
law as is referred to in clause
(1) of article 239A, the administrator shall not
promulgate any Ordinance during the period of such dissolution or suspension.
(2) 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 Union territory which has been duly enacted after complying with the
provisions in that behalf contained in any such law as is referred to in clause
(1)
of article 239A, but every such Ordinance—
(a) shall be laid before the Legislature of the Union territory 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 Legislature, upon the passing of the
resolution; and
(b) may be withdrawn at any time by the administrator after
obtaining instructions from the President in that behalf.
(3) 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 Union
______________________________________________
1. Ins. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 3 (w.e.f. 30-12-1971).
2. Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987) s. 63, for "a Union
territory referred to in clause
(1) article 239A" (w.e.f. 30-5-1987).
3. Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for
"Pondicherry" (w.e.f. 1-10-2006).
117 THE CONSTITUTION OF INDIA
(Part VIII.—The Union Territories)
territory made after complying with the provisions in that behalf contained in
any such law as is referred to in clause
(1) of article 239A, it shall be void.]
1
(4)* * * *
2
[240. Power of President to make regulations for certain Union
territories.—
(1) The President may make regulations for the peace, progress
and good government of the Union territory of—
(a) the Andaman and Nicobar Islands;
3
[
(b) Lakshadweep;]
4
[
(c) Dadra and Nagar Haveli and Daman and Diu;]
5
[
(d) **** ;]
6
[
(e) 7[Puducherry ];]
8
(f) * * *
9
(g) * * *
10
[Provided that when any body is created under article 239A to function
as a Legislature for the Union territory of 7[Puducherry], the President shall not
make any regulation for the peace, progress and good government of that
Union territory with effect from the date appointed for the first meeting of the
Legislature:]
______________________________________________
1. Clause
(4) ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 4 (with
retrospective effect). This amendment was omitted by the Constitution (Forty-fourth
Amendment) Act, 1978, s. 32 (w.e.f. 20-6-1979).
2. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 17, for art. 240 (w.e.f. 1-11-
1956).
3. Subs. by the Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Act, 1973
(34 of 1973), s. 4, for entry
(b) (w.e.f. 1-11-1973).
4. Subs. by the Dadra and Nagar Haveli and Daman and Diu (Merger of Union territories) Act,
2019 (44 of 2019) s. 4
(i) (w.e.f. 26-1-2020) for entry
(c) which was ins. by the Constitution
(Tenth Amendment) Act, 1961, s.3 (w.e.f. 11-8-1961).
5. Omitted by the Dadra and Nagar Haveli and Daman and Diu (Merger of Union territories)
Act, 2019 (44 of 2019) s. 4(ii) (w.e.f. 26-1-2020).
6. Ins. by the Constitution (Fourteenth Amendment) Act, 1962, s. 5 (w.e.f. 16-8-1962).
7. Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4 for
"Pondicherry" (w.e.f. 1-10-2006).
8. The entry
(f) relating to Mizoram omitted by the State of Mizoram Act, 1986
(34 of 1986), s. 39 (w.e.f. 20-2-1987).
9. The entry
(g) relating to Arunachal Pradesh omitted by the State of Arunachal Pradesh
Act, 1986 (69 of 1986), s. 42 (w.e.f. 20-2-1987).
10. Ins. by the Constitution (Fourteenth Amendment) Act, 1962, s. 5 (w.e.f. 28-12-1962).
118 THE CONSTITUTION OF INDIA
(Part VIII.—The Union Territories)
1
[Provided further that whenever the body functioning as a Legislature
for the Union territory of 2[Puducherry] is dissolved, or the functioning of that
body as such Legislature remains suspended on account of any action taken
under any such law as is referred to in clause
(1) of article 239A, the President
may, during the period of such dissolution or suspension, make regulations for
the peace, progress and good government of that Union territory.]
(2) Any regulation so made may repeal or amend any Act made by
Parliament or 3[any other law], which is for the time being applicable to the
Union territory and, when promulgated by the President, shall have the same
force and effect as an Act of Parliament which applies to that territory.]
241. High Courts for Union territories.—
(1) Parliament may by law
constitute a High Court for a 4[Union territory] or declare any court in any
5
[such territory] to be a High Court for all or any of the purposes of this
Constitution.
(2) The provisions of Chapter V of Part VI shall apply in relation to
every High Court referred to in clause
(1) as they apply in relation to a High
Court referred to in article 214 subject to such modifications or exceptions as
Parliament may by law provide.
6
[
(3) 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 or under this Constitution, every High Court exercising
jurisdiction immediately before the commencement of the Constitution
(Seventh Amendment) Act, 1956, in relation to any Union territory shall
continue to exercise such jurisdiction in relation to that territory after such
commencement.
(4) Nothing in this article derogates from the power of Parliament to
extend or exclude the jurisdiction of a High Court for a State to, or from, any
Union territory or part thereof.]
242. [Coorg.].—Omitted by the Constitution (Seventh Amendment) Act,
1956, s. 29 and Sch.(w.e.f. 1-11-1956).
______________________________________________
1. Ins. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 4 (w.e.f. 15-2-1972).
2. Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for
"Pondicherry" (w.e.f. 1-10-2006).
3. Subs. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 4, for "any existing
law" (w.e.f. 15-2-1972).
4. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for "State
specified in Part C of the First Schedule" (w.e.f. 1-11-1956).
5. Subs. by s. 29. and Sch., ibid., for "such State" (w.e.f. 1-11-1956).
6. Subs. by s. 29, and Sch., ibid., for cls.
(3) and
(4) (w.e.f. 1-11-1956).
1
[PART IX
THE PANCHAYATS
243. Definitions.—In this Part, unless the context otherwise requires,—
(a) “district” means a district in a State;
(b) “Gram Sabha” means a body consisting of persons registered in
the electoral rolls relating to a village comprised within the area of
Panchayat at the village level;
(c) “intermediate level” means a level between the village and
district levels specified by the Governor of a State by public notification
to be the intermediate level for the purposes of this Part;
(d) “Panchayat” means an institution (by whatever name called) of
self-government constituted under article 243B, for the rural areas;
(e) “Panchayat area” means the territorial area of a Panchayat;
(f) “Population” means the population as ascertained at the last
preceding census of which the relevant figures have been published;
(g) “village” means a village specified by the Governor by public
notification to be a village for the purposes of this Part and includes a
group of villages so specified.
243A. Gram Sabha.—A Gram Sabha may exercise such powers and
perform such functions at the village level as the Legislature of a State may, by
law, provide.
243B. Constitution of Panchayats.—
(1) There shall be constituted in
every State, Panchayats at the village, intermediate and district levels in
accordance with the provisions of this Part.
(2) Notwithstanding anything in clause
(1), Panchayats at the intermediate
level may not be constituted in a State having a population not exceeding
twenty lakhs.
243C. Composition of Panchayats.—
(1) Subject to the provisions of
this Part, the Legislature of a State may, by law, make provisions with respect
to the composition of Panchayats:
______________________________________________
1. Original Part IX relating to "The territories in Part D of the First Schedule and other
territories not specified in that Schedule" was omitted by the Constitution (Seventh
Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956) and subsequently ins. by the
Constitution (Seventy-third Amendment) Act, 1992, s. 2 (w.e.f. 24-4-1993).
119
120 THE CONSTITUTION OF INDIA
(Part IX.—The Panchayats)
Provided that the ratio between the population of the territorial area of a
Panchayat at any level and the number of seats in such Panchayat to be filled
by election shall, so far as practicable, be the same throughout the State.
(2) All the seats in a Panchayat shall be filled by persons chosen by
direct election from territorial constituencies in the Panchayat area and, for this
purpose, each Panchayat area shall be divided into territorial constituencies in
such manner that the ratio between the population of each constituency and the
number of seats allotted to it shall, so far as practicable, be the same throughout
the Panchayat area.
(3) The Legislature of a State may, by law, provide for the
representation—
(a) of the Chairpersons of the Panchayats at the village level, in the
Panchayats at the intermediate level or, in the case of a State not having
Panchayats at the intermediate level, in the Panchayats at the district
level;
(b) of the Chairpersons of the Panchayats at the intermediate level, in
the Panchayats at the district level;
(c) of the members of the House of the People and the members of
the Legislative Assembly of the State representing constituencies which
comprise wholly or partly a Panchayat area at a level other than the
village level, in such Panchayat;
(d) of the members of the Council of States and the members of the
Legislative Council of the State, where they are registered as electors
within—
(i) a Panchayat area at the intermediate level, in Panchayat at the
intermediate level;
(ii) a Panchayat area at the district level, in Panchayat at the
district level.
(4) The Chairperson of a Panchayat and other members of a Panchayat
whether or not chosen by direct election from territorial constituencies in the
Panchayat area shall have the right to vote in the meetings of the Panchayats.
(5) The Chairperson of—
(a) a Panchayat at the village level shall be elected in such manner as
the Legislature of a State may, by law, provide; and
(b) a Panchayat at the intermediate level or district level shall be
elected by, and from amongst, the elected members thereof.
121 THE CONSTITUTION OF INDIA
(Part IX.—The Panchayats)
243D. Reservation of seats.—
(1) Seats shall be reserved for—
(a) the Scheduled Castes; and
(b) the Scheduled Tribes,
in every Panchayat and the number of seats so reserved shall bear, as nearly as
may be, the same proportion to the total number of seats to be filled by direct
election in that Panchayat as the population of the Scheduled Castes in that
Panchayat area or of the Scheduled Tribes in that Panchayat area bears to the
total population of that area and such seats may be allotted by rotation to
different constituencies in a Panchayat.
(2) Not less than one-third of the total number of seats reserved under
clause
(1) shall be reserved for women belonging to the Scheduled Castes or, as
the case may be, the Scheduled Tribes.
(3) Not less than one-third (including the number