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Article 254 – Inconsistency between laws made by Parliament and laws made by the Legislatures of States

(1) If any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament is competent to enact, or to any provision of an existing law with respect to one of the matters enumerated in the Concurrent List, then, subject to the provisions of clause (2), the law made by Parliament, whether passed before or after the law made by the Legislature of such State, or, as the case may be, the existing law, shall prevail and the law made by the Legislature of the State shall, to the extent of the repugnancy, be void.

(2) Where a law made by the Legislature of a State1[***] with respect to one of the matters enumerated in the Concurrent List contains any provision repugnant to the provisions of an earlier law made by Parliament or an existing law with respect to that matter, then, the law so made by the Legislature of such State shall, if it has been reserved for the consideration of the President and has received his assent, prevail in that State:

Provided that nothing in this 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 Legislature of the State.


1. The Words and letters “specified in Part A or Part B of the First Schedule” omitted by the Constitution (Seventh Amendment) Act, 1956, section 29 and Schedule.

Article 243K – Elections to the Panchayats

(1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats shall be vested in a State Election Commission consisting of a State Election Commissioner to be appointed by the Governor.

(2) Subject to the provisions of any law made by the Legislature of a State the conditions of service and tenure of office of the State Election Commissioner shall be such as the Governor may by rule determine:

Provided that the State Election Commissioner shall not be removed from his office except in like manner and on the like ground as a Judge of a High Court and the conditions of service of the Slate Election Commissioner shall not be varied to his disadvantage after his appointment.

(3) The Governor of a State shall, when so requested by the State Election Commission, make available to the State Election Commission such staff as may be necessary for the discharge of the functions conferred on the State Election Commission by clause (1).

(4) Subject to the provisions of this Constitution, the Legislature of a State may, by law, make provision with respect to all matters relating to, or in connection with, elections to the Panchayats.

Article 226 – Power of High Courts to issue certain writs

1[ (1) Notwithstanding anything in article 32 2 [***] 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 3 [writs in the nature of habeas corpus, mandamus, prohibition, 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].

(2) 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 scat of such Government or authority or the residence of such person is not within those territories.]

4 [(3) 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–

(a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order; and

(b) 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 said next day, stand vacated.]

5 [(4) 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.]


1. Substituted by the Constitution (Forty-second Amendment) Act, 1976, section 38, for article 226 (w.e.f. 1-2-1977).

2. The words, figures and letters “but subject to the provisions of article 131A and article 226A” omitted by the Constitution (Forty-third Amendment) Act, 1977, section 7 (w.e.f. 13-4-1978).

3. Substituted by the Constitution (Forty-fourth Amendment) Act, 1978, section 30, for certain words (w.e.f. 1-8-1979).

4. Substituted by the Constitution (Forty-fourth Amendment) Act, 1978, section 30, for clauses (3) , (4), (5) and (6) (w.e.f. 1-8-1979).

5. Clause (7) renumbered as clause (4) by the Constitution (Forty-fourth Amendment) Act, 1978, section 30 (w.e.f. 1-8-1979).

Article 176 – Special address by the Governor

(1) At the commencement of1[the first session after each general election to the Legislative Assembly and at the commencement of the first session of each year], the Governor shall address the Legislative Assembly or, in the case of a State having a Legislative Council, both Houses assembled together and inform the Legislature of the causes of its summons.

(2) Provision shall be made by the rules regulating the procedure of the House or either House for the allotment of time for discussion of the matters referred to in such address2[***].

 


1. Substituted by the Constitution (First Amendment) Act, 1951, section 9, for “every session”.

2. Certain words omitted by the Constitution (First Amendment) Act, 1951, section 9.

Article 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.

Article 21A – Right to education

1[21A. Right to education

The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.]


1. Inserted by Constitution (Eighty Sixth Amendment) Act, 2002.S.2 (which is yet not in force, date to be notified later on)

Article 21 – Protection of life and personal liberty

No person shall be deprived of his life or personal liberty except according to procedure established by law.

Article 15 – Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth

(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.

(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to-

(a) access to shops, public restaurants, hotels and places of public entertainment; or

(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.

(3) Nothing in this article shall prevent the State from making any special provision for women and children.

1[(4) Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special

provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes].

2(5) Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the State from

making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30.


1. Added by the Constitution (First Amendment) Act, 1951, section. 2.

2. Inserted vide Constitution Ninety Third Amendment Act, 2005 S.2,(w.e.f. 20.1.2006)

Preamble

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a 1[SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC] and to secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity;

and to promote among them all;

FRATERNITY assuring the dignity of the individual and the 2[unity and integrity of the Nation];

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HERE BY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.


1. Substituted by the Constitution (Forty-second Amendment) Act, 1976, section 2, for “SOVEREIGN DEMOCRATIC REPUBLIC” (w.e.f. 3-1-1977).

2. Substituted by the Constitution (Forty-second Amendment) Act, 1976, section 2, for “unity of the Nation” (w.e.f. 3-1-1977).

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