48. Organisation of agriculture and animal husbandry.—
The State
shall endeavour to organise agriculture and animal husbandry on modern and
scientific lines and shall, in particular, take steps for preserving and improving
the breeds, and prohibiting the slaughter, of cows and calves and other milch
and draught cattle.
3
[48A. Protection and improvement of environment and
safeguarding of forests and wild life.—The State shall endeavour to protect
and improve the environment and to safeguard the forests and wild life of the
country.]
______________________________________________
1. Ins. by the Constitution (Ninety-seventh Amendment) Act, 2011, s. 3 (w.e.f. 15-2-2012).
2. Subs. by the Constitution (Eighty-sixth Amendment) Act, 2002, s. 3, for art. 45
(w.e.f. 1-4-2010).
3. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 10 (w.e.f. 3-1-1977).
24 THE CONSTITUTION OF INDIA
(Part IV.— Directive Principles of State Policy)
49. Protection of monuments and places and objects of national
importance.—It shall be the obligation of the State to protect every monument
or place or object of artistic or historic interest, 1[declared by or under law
made by Parliament] to be of national importance, from spoliation,
disfigurement, destruction, removal, disposal or export, as the case may be.
50. Separation of judiciary from executive.—The State shall take steps
to separate the judiciary from the executive in the public services of the State.
51. Promotion of international peace and security.—The State shall
endeavour to—
(a) promote international peace and security;
(b) maintain just and honourable relations between nations;
(c) foster respect for international law and treaty obligations in the
dealings of organised peoples with one another; and
(d) encourage settlement of international disputes by arbitration.
______________________________________________
1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 27, for "declared by
Parliament by law" (w.e.f. 1-11-1956).
1
[PART IVA
FUNDAMENTAL DUTIES
51A. Fundamental duties.—It shall be the duty of every citizen of
India—
(a) to abide by the Constitution and respect its ideals and
institutions, the National Flag and the National Anthem;
(b) to cherish and follow the noble ideals which inspired our
national struggle for freedom;
(c) to uphold and protect the sovereignty, unity and integrity of
India;
(d) to defend the country and render national service when called
upon to do so;
(e) to promote harmony and the spirit of common brotherhood
amongst all the people of India transcending religious, linguistic and
regional or sectional diversities; to renounce practices derogatory to the
dignity of women;
(f) to value and preserve the rich heritage of our composite
culture;
(g) to protect and improve the natural environment including
forests, lakes, rivers and wild life, and to have compassion for living
creatures;
(h) to develop the scientific temper, humanism and the spirit of
inquiry and reform;
(i) to safeguard public property and to abjure violence;
(j) to strive towards excellence in all spheres of individual and
collective activity so that the nation constantly rises to higher levels of
endeavour and achievement; ]
2
[
(k) who is a parent or guardian to provide opportunities for
education to his child or, as the case may be, ward between the age of
six and fourteen years.]
______________________________________________
1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 11 (w.e.f. 3-1-1977).
2. Ins. by the Constitution (Eighty-sixth Amendment) Act, 2002, s. 4 (w.e.f. 1-4-2010).
25
PART V
THE UNION
CHAPTER I.—THE EXECUTIVE
The President and Vice-President
52. The President of India.—There shall be a President of India.
53. Executive power of the Union.—
(1) The executive power of the Union
shall be vested in the President and shall be exercised by him either directly or
through officers subordinate to him in accordance with this Constitution.
(2) Without prejudice to the generality of the foregoing provision, the
supreme command of the Defence Forces of the Union shall be vested in the
President and the exercise thereof shall be regulated by law.
(3) Nothing in this article shall—
(a) be deemed to transfer to the President any functions conferred
by any existing law on the Government of any State or other authority; or
(b) prevent Parliament from conferring by law functions on
authorities other than the President.
54. Election of President.—The President shall be elected by the
members of an electoral college consisting of—
(a) the elected members of both Houses of Parliament; and
(b) the elected members of the Legislative Assemblies of the States.
1
[Explanation.—In this article and in article 55, “State” includes the
National Capital Territory of Delhi and the Union territory of *Puducherry.]
55. Manner of election of President.—
(1) As far as practicable, there
shall be uniformity in the scale of representation of the different States at the
election of the President.
(2) For the purpose of securing such uniformity among the States inter se
as well as parity between the States as a whole and the Union, the number of
votes which each elected member of Parliament and of the Legislative
Assembly of each State is entitled to cast at such election shall be determined in
the following manner:—
(a) every elected member of the Legislative Assembly of a State shall
have as many votes as there are multiples of one thousand in the quotient
obtained by dividing the population of the State by the total number of
the elected members of the Assembly;
______________________________________________
1. Ins. by the Constitution (Seventieth Amendment) Act, 1992, s. 2 (w.e.f. 1-6-1995).
* Now Puducherry vide the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006),
s. 3 (w.e.f. 1-10-2006).
26
27 THE CONSTITUTION OF INDIA
(Part V.—The Union)
(b) if, after taking the said multiples of one thousand, the remainder is
not less than five hundred, then the vote of each member referred to in
sub-clause
(a) shall be further increased by one;
(c) each elected member of either House of Parliament shall have
such number of votes as may be obtained by dividing the total number of
votes assigned to the members of the Legislative Assemblies of the
States under sub-clauses
(a) and
(b) by the total number of the elected
members of both Houses of Parliament, fractions exceeding one-half
being counted as one and other fractions being disregarded.
(3) The election of the President shall be held in accordance with the
system of proportional representation by means of the single transferable vote
and the voting at such election shall be by secret ballot.
1
[Explanation.—In this article, the expression “population” means the
population as ascertained at the last preceding census of which the relevant
figures have been published:
Provided that the reference in this Explanation to the last preceding
census of which the relevant figures have been published shall, until the
relevant figures for the first census taken after the year 2[2026] have been
published, be construed as a reference to the 1971 census.]
56. Term of office of President.—
(1) The President shall hold office for
a term of five years from the date on which he enters upon his office:
Provided that —
(a) the President may, by writing under his hand addressed to the
Vice-President, resign his office;
(b) the President may, for violation of the Constitution, be removed
from office by impeachment in the manner provided in article 61;
(c) the President shall, notwithstanding the expiration of his term,
continue to hold office until his successor enters upon his office.
(2) Any resignation addressed to the Vice-President under clause
(a) of
the proviso to clause
(1) shall forthwith be communicated by him to the
Speaker of the House of the People.
______________________________________________
1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 12, for the
Explanation (w.e.f. 3-1-1977).
2. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 2, for "2000"
(w.e.f. 21-2-2002).
28 THE CONSTITUTION OF INDIA
(Part V.—The Union)
57. Eligibility for re-election.—A person who holds, or who has held,
office as President shall, subject to the other provisions of this Constitution, be
eligible for re-election to that office.
58. Qualifications for election as President.—
(1) No person shall be
eligible for election as President unless he—
(a) is a citizen of India,
(b) has completed the age of thirty-five years, and
(c) is qualified for election as a member of the House of the People.
(2) A person shall not be eligible for election as President if he holds
any office of profit under the Government of India or the Government of any
State or under any local or other authority subject to the control of any of the
said Governments.
Explanation.—For the purposes of this article, a person shall not be
deemed to hold any office of profit by reason only that he is the President or
Vice-President of the Union or the Governor 1*** of any State or is a Minister
either for the Union or for any State.
59. Conditions of President's office.—
(1) The President shall not be a
member of either House of Parliament or of a House of the Legislature of any
State, and if a member of either House of Parliament or of a House of the
Legislature of any State be elected President, he shall be deemed to have
vacated his seat in that House on the date on which he enters upon his office as
President.
(2) The President shall not hold any other office of profit.
(3) The President 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.
(4) The emoluments and allowances of the President shall not be
diminished during his term of office.
60. Oath or affirmation by the President.—Every President and every
person acting as President or discharging the functions of the President shall,
before entering upon his office, make and subscribe in the presence of the Chief
Justice of India or, in his absence, the senior-most Judge of the Supreme Court
available, an oath or affirmation in the following form, that is to say—
______________________________________________
1. The words "or Rajpramukh or Uparajpramukh" omitted by the Constitution (Seventh
Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
29 THE CONSTITUTION OF INDIA
(Part V.—The Union)
"I, A.B., do swear in the name of God that I will faithfully execute the office
solemnly affirm
of President (or discharge the functions of the President) of India 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 India.".
61. Procedure for impeachment of the President.—
(1) When a
President is to be impeached for violation of the Constitution, the charge shall
be preferred by either House of Parliament.
(2) No such charge shall be preferred unless—
(a) the proposal to prefer such charge is contained in a resolution
which has been moved after at least fourteen days' notice in writing
signed by not less than one-fourth of the total number of members of the
House has been given of their intention to move the resolution, and
(b) such resolution has been passed by a majority of not less than
two-thirds of the total membership of the House.
(3) When a charge has been so preferred by either House of Parliament,
the other House shall investigate the charge or cause the charge to be
investigated and the President shall have the right to appear and to be
represented at such investigation.
(4) If as a result of the investigation a resolution is passed by a majority
of not less than two-thirds of the total membership of the House by which the
charge was investigated or caused to be investigated, declaring that the charge
preferred against the President has been sustained, such resolution shall have
the effect of removing the President from his office as from the date on which
the resolution is so passed.
62. Time of holding election to fill vacancy in the office of President
and the term of office of person elected to fill casual vacancy.—
(1) An
election to fill a vacancy caused by the expiration of the term of office of
President shall be completed before the expiration of the term.
(2) An election to fill a vacancy in the office of President occurring by
reason of his death, resignation or removal, or otherwise shall be held as soon
as possible after, and in no case later than six months from, the date of
occurrence of the vacancy; and the person elected to fill the vacancy shall,
subject to the provisions of article 56, be entitled to hold office for the full term
of five years from the date on which he enters upon his office.
63. The Vice-President of India.—There shall be a Vice-President of India.
64. The Vice-President to be ex officio Chairman of the Council of
States.—The Vice-President shall be ex officio Chairman of the Council of the
States and shall not hold any other office of profit:
30 THE CONSTITUTION OF INDIA
(Part V.—The Union)
Provided that during any period when the Vice-President acts as
President or discharges the functions of the President under article 65, he shall
not perform the duties of the office of Chairman of the Council of States and
shall not be entitled to any salary or allowance payable to the Chairman of the
Council of States under article 97.
65. The Vice-President to act as President or to discharge his
functions during casual vacancies in the office, or during the absence,
of President.—
(1) In the event of the occurrence of any vacancy in the office
of the President by reason of his death, resignation or removal, or otherwise,
the Vice-President shall act as President until the date on which a new
President elected in accordance with the provisions of this Chapter to fill such
vacancy enters upon his office.
(2) When the President is unable to discharge his functions owing to
absence, illness or any other cause, the Vice-President shall discharge his
functions until the date on which the President resumes his duties.
(3) The Vice-President shall, during, and in respect of, the period while
he is so acting as, or discharging the functions of, President, have all the
powers and immunities of the President and be 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.
66. Election of Vice-President.—
(1) The Vice-President shall be
elected by the 1[members of an electoral college consisting of the members of
both Houses of Parliament] in accordance with the system of proportional
representation by means of the single transferable vote and the voting at such
election shall be by secret ballot.
(2) The Vice-President shall not be a member of either House of
Parliament or of a House of the Legislature of any State, and if a member of
either House of Parliament or of a House of the Legislature of any State be
elected Vice-President, he shall be deemed to have vacated his seat in that
House on the date on which he enters upon his office as Vice-President.
(3) No person shall be eligible for election as Vice-President unless he—
(a) is a citizen of India;
(b) has completed the age of thirty-five years; and
______________________________________________
1. Subs. by the Constitution (Eleventh Amendment) Act, 1961, s. 2, for "members of both
Houses of Parliament assembled at a joint meeting" (w.e.f. 19-12-1961).
31 THE CONSTITUTION OF INDIA
(Part V.—The Union)
(c) is qualified for election as a member of the Council of States.
(4) A person shall not be eligible for election as Vice-President if he
holds any office of profit under the Government of India or the Government of
any State or under any local or other authority subject to the control of any of
the said Governments.
Explanation.—For the purposes of this article, a person shall not be
deemed to hold any office of profit by reason only that he is the President or
Vice-President of the Union or the Governor 1*** of any State or is a Minister
either for the Union or for any State.
67. Term of office of Vice-President.—The Vice-President shall hold
office for a term of five years from the date on which he enters upon his office:
Provided that —
(a) a Vice-President may, by writing under his hand addressed to the
President, resign his office;
(b) a Vice-President may be removed from his office by a resolution
of the Council of States passed by a majority of all the then members of
the Council and agreed to by the House of the People; but no resolution
for the purpose of this clause shall be moved unless at least fourteen
days' notice has been given of the intention to move the resolution;
(c) a Vice-President shall, notwithstanding the expiration of his term,
continue to hold office until his successor enters upon his office.
68. Time of holding election to fill vacancy in the office of Vice-
President and the term of office of person elected to fill casual vacancy.—
(1) An election to fill a vacancy caused by the expiration of the term of office
of Vice-President shall be completed before the expiration of the term.
(2) An election to fill a vacancy in the office of Vice-President
occurring by reason of his death, resignation or removal, or otherwise shall be
held as soon as possible after the occurrence of the vacancy, and the person
elected to fill the vacancy shall, subject to the provisions of article 67, be
entitled to hold office for the full term of five years from the date on which he
enters upon his office.
69. Oath or affirmation by the Vice-President.—Every Vice-
President shall, before entering upon his office, make and subscribe before the
______________________________________________
1. The words "or Rajpramukh or Uparajpramukh" omitted by the Constitution (Seventh
Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
32 THE CONSTITUTION OF INDIA
(Part V.—The Union)
President, or some person appointed in that behalf by him, 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 bear true faith and
solemnly affirm
allegiance to the Constitution of India as by law established and that I will faithfully
discharge the duty upon which I am about to enter.".
70. Discharge of President's functions in other contingencies.—
Parliament may make such provision as it thinks fit for the discharge of the
functions of the President in any contingency not provided for in this Chapter.
1
[71. Matters relating to, or connected with, the election of a
President or Vice-President.—
(1) All doubts and disputes arising out of or in
connection with the election of a President or Vice-President shall be inquired
into and decided by the Supreme Court whose decision shall be final.
(2) If the election of a person as President or Vice-President is declared
void by the Supreme Court, acts done by him in the exercise and performance
of the powers and duties of the office of President or Vice-President, as the
case may be, on or before the date of the decision of the Supreme Court shall
not be invalidated by reason of that declaration.
(3) Subject to the provisions of this Constitution, Parliament may by law
regulate any matter relating to or connected with the election of a President or
Vice-President.
(4) The election of a person as President or Vice-President shall not be
called in question on the ground of the existence of any vacancy for whatever
reason among the members of the electoral college electing him.]
72. Power of President to grant pardons, etc., and to suspend, remit
or commute sentences in certain cases.—
(1) The President 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—
(a) in all cases where the punishment or sentence is by a Court
Martial;
______________________________________________
1. Subs. by the Constitution (Thirty-ninth Amendment) Act, 1975, s. 2 (w.e.f 10-8-1975) and
further subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 10.
(w.e.f. 20-6-1979).
33 THE CONSTITUTION OF INDIA
(Part V.—The Union)
(b) in all cases where the punishment or sentence is for an offence
against any law relating to a matter to which the executive power of the
Union extends;
(c) in all cases where the sentence is a sentence of death.
(2) Nothing in sub-clause
(a) of clause
(1) shall affect the power
conferred by law on any officer of the Armed Forces of the Union to suspend,
remit or commute a sentence passed by a Court Martial.
(3) Nothing in sub-clause
(c) of clause
(1) shall affect the power to
suspend, remit or commute a sentence of death exercisable by the Governor 1***
of a State under any law for the time being in force.
73. Extent of executive power of the Union.—
(1) Subject to the
provisions of this Constitution, the executive power of the Union shall extend—
(a) to the matters with respect to which Parliament has power to make
laws; and
(b) to the exercise of such rights, authority and jurisdiction as are
exercisable by the Government of India by virtue of any treaty or
agreement:
Provided that the executive power referred to in sub-clause
(a) shall not,
save as expressly provided in this Constitution or in any law made by Parliament,
extend in any State 2*** to matters with respect to which the Legislature of the
State has also power to make laws.
(2) Until otherwise provided by Parliament, a State and any officer or
authority of a State may, notwithstanding anything in this article, continue to
exercise in matters with respect to which Parliament has power to make laws for
that State such executive power or functions as the State or officer or authority
thereof could exercise immediately before the commencement of this
Constitution.
______________________________________________
1. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act,
1956, s. 29 and Sch. (w.e.f. 1-11-1956).
2. The words and letters "specified in Part A or Part B of the First Schedule" omitted by
the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
34 THE CONSTITUTION OF INDIA
(Part V.—The Union)
Council of Ministers
74. Council of Ministers to aid and advise President.—1[
(1) There shall
be a Council of Ministers with the Prime Minister at the head to aid and advise
the President who shall, in the exercise of his functions, act in accordance with
such advice:]
2
[
Provided that the President may require the Council of Ministers to
reconsider such advice, either generally or otherwise, and the President shall act
in accordance with the advice tendered after such reconsideration.]
(2) The question whether any, and if so what, advice was tendered by
Ministers to the President shall not be inquired into in any court.
75. Other provisions as to Ministers.—
(1) The Prime Minister shall be
appointed by the President and the other Ministers shall be appointed by the
President on the advice of the Prime Minister.
3
[(1A) The total number of Ministers, including the Prime Minister, in the
Council of Ministers shall not exceed fifteen per cent. of the total number of
members of the House of the People.
(1B) A member of either House of Parliament 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 either House of Parliament
before the expiry of such period, till the date on which he is declared elected,
whichever is earlier.]
(2) The Ministers shall hold office during the pleasure of the President.
(3) The Council of Ministers shall be collectively responsible to the House
of the People.
(4) Before a Minister enters upon his office, the President 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 (Forty-second Amendment) Act, 1976, s.13, for cl.
(1)
(w.e.f. 3-1-1977).
2. Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 11 (w.e.f. 20-6-1979).
3. Ins. by the Constitution (Ninety-first Amendment) Act, 2003, s. 2 (w.e.f. 1-1-2004).
35 THE CONSTITUTION OF INDIA
(Part V.—The Union)
(5) A Minister who for any period of six consecutive months is not a
member of either House of Parliament shall at the expiration of that period cease
to be a Minister.
(6) The salaries and allowances of Ministers shall be such as Parliament
may from time to time by law determine and, until Parliament so determines,
shall be as specified in the Second Schedule.
The Attorney-General for India
76. Attorney-General for India.—
(1) The President shall appoint a
person who is qualified to be appointed a Judge of the Supreme Court to be
Attorney-General for India.
(2) It shall be the duty of the Attorney-General to give advice to the
Government of India 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 President, and to discharge the functions conferred on him by or under this
Constitution or any other law for the time being in force.
(3) In the performance of his duties the Attorney-General shall have
right of audience in all courts in the territory of India.
(4) The Attorney-General shall hold office during the pleasure of the
President, and shall receive such remuneration as the President may determine.
Conduct of Government Business
77. Conduct of business of the Government of India.—
(1) All
executive action of the Government of India shall be expressed to be taken in
the name of the President.
(2) Orders and other instruments made and executed in the name of the
President shall be authenticated in such manner as may be specified in rules1 to
be made by the President, 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 President.
(3) The President shall make rules for the more convenie
