Populist Draft Constitution of India- Kalki Gaur
(37) Administrative Tribunals
(37) Article 37 Administrative Tribunals
(37B) Administrative Services Tribunals
(37B) Article 37B. Administrative Services Tribunals
(1) Parliament may, by law, provide for the adjudication or trial by administrative tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India or of any corporation owned or controlled by the Government.
(2) A law made to establish Administrative Services Tribunal may - (a) provide for the establishment of an administrative tribunal for the Union and a separate administrative tribunal for each State or for two or more States;
(b) specify the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by each of the said tribunals;
(c) provide for the procedure (including provisions as to limitation and rules of evidence) to be followed by the said tribunals;
(d) exclude the jurisdiction of all courts, except the jurisdiction of the Supreme Court, with respect to the disputes or complaints referred to in Administrative Services Tribunal Act;
(e) provide for the transfer to each such administrative tribunal of any cases pending before any court or other authority immediately before the establishment of such tribunal as would have been within the jurisdiction of such tribunal if the causes of action on which such suits or proceedings are based had arisen after such establishment;
(f) repeal or amend any order made by the President;
(g) contain such supplemental, incidental and consequential provisions (including provisions as to fees) as Parliament may deem necessary for the effective functioning of, and for the speedy disposal of cases by, and the enforcement of the orders of, such tribunals.
(3) The provisions of this article shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force.
(4) It shall be competent for the President or such person as he may direct to make special provisions for Administrative Tribunals to adjudicate on matters of conflicting jurisdictions of various services to ensure that opportunities for promotion to senior and top positions in government services and public sector are available to the competent and talented offices employed in any department of government services, public section and national sector.
(5) It shall be competent for the President or such person as he may direct to develop procedures adopted by the Administrative Tribunals to ensure low-cost speedy adjudication and trials for the fast resolution of disputes and complaints, preferably within a month of the filing of the complaint or dispute with the Administrative Tribunal and no more than 2 appearances before the Tribunal by Defendant of Complainant.
(6) It shall be competent for the President or such person as he may direct to establish procedures for Administrative Tribunals for Civil Services to independently undertake initial investigation, prosecution and sentencing of allegations or complaints of financial corruption and for having assets beyond known sources of income.
(7) It shall be competent for the President or such person as he may direct to hold any act of corruption in bureaucracy as cognizable criminal offense that allow the Administrative Tribunals to investigate on its own any and every act of financial corruption by civil servants including officials in All-India Services, State Administrative Services and Armed Forces such as own, control or hold property and assets beyond their known sources of income.
(8) It shall be competent for the President or such person as he may direct to make provisions for deterrent punishment for such acts of financial corruption by members of Administrative Services Tribunal for misuse of their powers.
(9) It shall be competent for the President or such person as he may direct to make provisions for exclusion the jurisdiction of all courts, except the jurisdiction of the Supreme Court, with respect to all or any of the matters falling within the jurisdiction of the Administrative Services Tribunals and Special Tribunals.
(37C) Specialized State Tribunals for Other Matters
(0)(37C) Article 37C. Specialized State Tribunals for Other Matters
(1) The Parliament or the appropriate State Legislature may, by law, provide for the adjudication or trial by special State Administrative tribunals of any disputes, complaints, or offences with respect to all or any of the matters specified below with respect to which such Parliament or State Legislature has power to make laws.
(2) The matters referred to special State Administrative Tribunals may focus on the following, namely: - (a) levy, assessment, collection and enforcement of any tax;
(b) foreign exchange, import and export across customs frontiers;
(c) industrial and labor disputes;
(d) land reforms by way of acquisition by the State of any estate as defined under fundamental right to property or of any rights therein or the extinguishment or modification of any such rights or by way of ceiling on agricultural land or in any other way;
(e) ceiling on urban property;
(f) elections to either House of Parliament or the House or either House of the Legislature of a State;
(g) production, procurement, supply and distribution of food-stuffs (including edible oilseeds and oils) and such other goods as the President may, by public notification, declare to be essential goods for the purpose of this article and control of prices of such goods;
(h) rent, its regulation and control and tenancy issues including the right, title and interest of landlords and tenants;
(i) offences against laws with respect to any of the matters specified in above sub-clauses and fees in respect of any of those matters and any matter incidental to any of the matters specified above in sub-clauses.
(3) A law made under State Administrative Tribunals may - (a) provide for the establishment of a hierarchy of tribunals;
(b) specify the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by each of the said tribunals;
(c) provide for the procedure (including provisions as to limitation and rules of evidence) to be followed by the said State Administrative Tribunals;
(d) exclude the jurisdiction of all courts, except the jurisdiction of the Supreme Court, with respect to all or any of the matters falling within the jurisdiction of the said tribunals;
(e) provide for the transfer to each such tribunal of any cases pending before any court or any other authority immediately before the establishment of such tribunal as would have been within the jurisdiction of such tribunal if the causes of action on which such suits or proceedings are based had arisen after such establishment;
(f) contain such supplemental, incidental and consequential provisions (including provisions as to fees) as the appropriate Legislature may deem necessary for the effective functioning of, and for the speedy disposal of cases by, and the enforcement of the orders of, such tribunals.
(4) The provisions of this article shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force.
(5) It shall be competent for the President or Governor or such person as they may direct to make special provisions providing for deterrent punishment for the Members of Special Administrative Tribunals for any acts of financial corruption.
(6) It shall be competent for the President or Governor or such person as they may direct to provide for police protection for the officers of the Tribunals and police support for the investigation and for execution, implementation and enforcement of its judgment. The President or the Governor may establish a special police force for Specialized Tribunals, which shall directly report to the Tribunal to provide the Tribunals necessary full-time policed protection and enforcement capabilities nationwide and statewide.
(37D) National Urban Land Ceiling Tribunal
(0)(37D) Article 37D: National Urban Land Ceiling Tribunal
(1) The Parliament or the appropriate State Legislature may, by law, provide for the adjudication or trial by special Urban Land Ceiling Administrative Tribunal for adjudication or trial of any disputes, complaints, or offences with respect to all or any of the matters related to Urban Land Ceiling. The President or Parliament may establish National Urban Land Ceiling Tribunal and the Governor or State Legislature may establish State Urban Land Ceiling Tribunal, to prosecute allegations of corruption and misuse of political authority regarding the real estate development on lands that was brought under the Urban Land Ceiling Act.
(2) National Urban Land Ceiling Tribunal as well as State Urban Land Ceiling Tribunals shall be the courts of original jurisdiction for issues related to tax evasion and black money, and it can on its own initiative initiate proceedings for initial investigation, prosecution and sentencing. The Chief of the National Urban Land Ceiling Tribunal shall hold the rank equal to the Judge of High Court of a State.
(3) It shall be competent for the President or such person as they may direct or Parliament to make nationwide uniform implementation of the provisions of Urban Land Ceiling Act to ensure that the urban lands acquired are developed as residential or commercial or industrial property and the incomes of such developments are equitably distributed for the good of the people and for economic development.
(4) It shall be competent for the President or such person as they may direct or State Legislature to make nationwide uniform implementation of the provisions of Urban Land Ceiling Act to ensure that the urban lands in the State whether acquired are developed as residential or commercial or industrial property and the incomes of such developments are equitably distributed for the good of the people and for economic development of the State.
(5) It shall be competent for the President or such person as they may direct or Parliament to make specific provisions and investigate the allegations that on one hand the urban lands under Urban Land Ceiling were confiscated by the metropolitan development boards in New Delhi, Lucknow, Kanpur, Allahabad, Agra, Dehradun and Patna, where original land owners of lands under urban land ceiling Act get very limited compensation. On the other hand there was no confiscation by state-owned agencies the lands under urban land ceiling Act in Bombay, Ahmedabad, Hyderabad and Bangalore and it allowed the original owners of the lands make huge profits by securing permits for the real estate development projects on these lands, which were hitherto under Urban Land Ceiling Act.
(6) It shall be competent for the President or such person as they may direct or Parliament to make special provisions by Proclamation or by legislation to impose special fines on the property owners or owners of the properties developed on these lands which were hitherto under Urban land Ceiling Act as well as recover portion of the incomes or profits made by the erstwhile original owners of the lands under Urban Land Ceiling Acts in cities such as Bombay, Pune, Ahmedabad, Baroda, Surat, Bangalore, Hyderabad, Mysore, Mangalore and Chennai.
(7) Any violation of the Urban Land Ceiling Act, whether with or without permission of the respective metropolitan or municipal authorities may be recognized as cognizable criminal offense, which allows the National or State Urban Land Ceiling Tribunals to initiate on its own, initial fact finding, investigation, prosecution and conviction for offenses under the said Act and to initiate proceedings for recovery of the punitive fines from alleged buyers of these properties built upon as well as original owners of the lands under land ceiling.
(8) It shall be competent for the President or Governor or any such person as they may direct to make provisions for exclusion the jurisdiction of all courts including High Courts, except the jurisdiction of the Supreme Court, with respect to all or any of the matters falling within the jurisdiction of the Urban Land Ceiling Tribunals and to stipulate that there shall be no statue of limitation for offenses under Urban Land Ceiling Act and to stipulate that these Tribunals shall have original jurisdiction on all matters related to violation of the Urban Land Ceiling Act anywhere.
(9) It shall be competent for the President or Governor or such person as they may direct to provide for police protection for the officers of the Urban Land Ceiling Tribunals and police support for the investigation and for execution, implementation and enforcement of its judgment. The President or the Governor may establish a special police force for tax recovery operations, which shall directly report to the National Taxation Tribunal.
(10) It shall be competent for the President or such person as he may direct to make provisions for exclusion the jurisdiction of all courts, except the jurisdiction of the Supreme Court, with respect to all or any of the matters falling within the jurisdiction of the Urban Land Ceiling Tribunals. The President or the Governor may establish a special police force for urban land ceiling operations, which shall directly report to the National Urban Land Ceiling Tribunal.
(37E) National Taxation Tribunal
(0)(37E) Article 37E. National Taxation Tribunal
(1) The Parliament or the appropriate State Legislature may, by law, provide for the adjudication or trial by National Taxation Tribunal or State Taxation Tribunals respectively for adjudication or trial of any disputes, complaints, or offences with respect to all or any of the matters related to taxation including income taxes, sales taxes, custom duty, excise duty, stamp duty, etc. The President or Parliament may establish National Taxation Tribunal and the Governor or State Legislature may establish State Taxation Tribunal, for confiscation of black money, prosecution for tax evasion, black marketeering.
(2) National Taxation Tribunal as well as State Taxation Tribunals shall be the courts of original jurisdiction for issues related to tax evasion and black money, and it can on its own initiative initiate proceedings for initial investigation, prosecution and sentencing. The Chief of the National Taxation Tribunal shall hold the rank equal to the Judge of High Court of a State.
(3) National Taxation Tribunal shall have branch offices throughout India and it shall have legal authority enforce confiscation of the property of the tax evaders and organized crime and to confiscate the black money. National Taxation Tribunal shall have legal authority to auction, sell or assign confiscated property of tax evaders, organized crime and black money operators.
(4) It shall be competent for the President or Governor or any such person as they may direct to make provisions for exclusion the jurisdiction of all courts including High Courts, except the jurisdiction of the Supreme Court, with respect to all or any of the matters falling within the jurisdiction of the National Taxation Court and to stipulate that there shall be no statue of limitation for offenses of tax evasion, possession of black money and laundering of incomes of organized crime and black money and to stipulate that National Taxation Tribunals shall have original jurisdiction throughout India on all matters related to tax evasion, generation and possession of black money, and criminal money of the organized crime.
(5) It shall be competent for the President or Governor or any such person as they may direct to make provisions to target special economic dominant ethnic groups and castes such as members of the Marwari community, Bania caste and other economically dominant ethnic groups for initiating proceedings for tax evasions, hoarding of black money and for laundering of incomes of the organized crime and drug syndicates.
(6) It shall be competent for the President or Governor or such person as they may direct to make special provisions providing for deterrent punishment for the Members of Special Administrative Tribunals found guilty for any acts of financial corruption while discharging their duties under National Taxation Tribunal.
(7) It shall be competent for the President or Governor or such person as they may direct to provide for police protection for the officers of the National Taxation Tribunals and police support for the investigation and for execution, implementation and enforcement of its judgment. The President or the Governor may establish a special police force for tax recovery operations, which shall directly report to the National Taxation Tribunal.
(37F) National Agricultural Lands Tribunal
(0)(37F) Article 37F: National Agricultural Lands Tribunal
(1) The Parliament or the appropriate State Legislature may, by law, provide for the adjudication or trial by National Taxation Tribunal or State Taxation Tribunals respectively for adjudication or trial of any disputes, complaints, or offences with respect to all or any of the matters related to: (i) rural arable agricultural land, (ii) transfer of land ownership to working adults from old persons above the age of 55 years, (ii) rural agricultural companies, (iii) rural industries, (iv) rural real estate development, (v) non-arable agricultural land, (vi) equitable transfer of manufactured goods from urban areas to rural areas in exchange for agricultural goods, (vii) prohibition of absentee landlords to transfer agricultural incomes to metropolitan or municipal areas, (viii) resettlement of urban older generation above 55 years in rural areas, (ix) rural agricultural income tax.
(2) National Agricultural Lands Tribunal as well as State Agricultural Lands Tribunals shall be the courts of original jurisdiction for issues related to tax evasion and black money, and it can on its own initiative initiate proceedings for initial investigation, prosecution and sentencing. The Chief of the National Agricultural Lands Tribunal shall hold the rank equal to the Judge of High Court of a State.
(3) National Agricultural Lands Tribunal shall have branch offices throughout India and it shall have legal authority enforce confiscation of the property of the tax evaders and organized crime and to confiscate the black money. National Agricultural Lands Tribunal shall have legal authority to auction, sell or assign confiscated property of tax evaders, organized crime and black money operators.
(4) It shall be competent for the President or Governor or any such person as they may direct to make provisions for exclusion the jurisdiction of all courts including High Courts, except the jurisdiction of the Supreme Court, with respect to all or any of the matters falling within the jurisdiction of the National Agricultural Lands Tribunal and to stipulate that there shall be no statue of limitation for offenses of misappropriation of rural agricultural lands by urban interests and to stipulate that National Agricultural Lands Tribunals shall have original jurisdiction throughout India on all matters related to rural agricultural land, rural agricultural taxation, etc.
(5) It shall be competent for the President or Governor or any such person as they may direct to make provisions to target special economic dominant ethnic groups and castes for initiating proceedings for illegal possession or ownership of agricultural lands.
(6) It shall be competent for the President or Governor or such person as they may direct to make special provisions providing for deterrent punishment for the Members of National Agricultural Lands Tribunal found guilty for any acts of financial corruption while discharging their duties under National Agricultural Lands Tribunal.
(7) It shall be competent for the President or Governor or such person as they may direct to provide for police protection for the officers of the National Agricultural Lands Tribunals and police support for the investigation and for execution, implementation and enforcement of Tribunals’ judgment. The President or the Governor may establish a special police force for land reforms operations, which shall directly report to the National Agricultural Lands Tribunal.
(37G) National Anti-Smuggling Tribunal
(0)(37G) Article 37G: National Anti-Smuggling Tribunal
(1) The Parliament may by legislation or the President by proclamation may provide for the adjudication or trial by National Anti-Smuggling Tribunal for adjudication or trial of any disputes, complaints, or offences with respect to all or any of the matters related to: (i) smuggling of foreign goods including gold, (ii) black money money-laundering, (iii) incomes of the crime syndicates and drug cartels, (iv) importation of goods by avoidance of custom duties etc. The Governor may be proclamation or a State Legislature by legislation may establish State Anti-Smuggling Tribunal, for confiscation of assets and property of: (i) smugglers of gold or foreign goods, (ii) hawala operators, (iii) organized crime, (iv) corrupt politicians, (v) corrupt bureaucrats, (vi) black marketers and (vii) hoarders of black money.
(2) National Anti-Smuggling Tribunal as well as State Anti-Smuggling Tribunals shall be the courts of original jurisdiction for issues related to smuggling of gold or foreign goods, avoidance of custom or excise duty, black money, hawala transactions, foreign currency violations, and it can on its own initiative initiate proceedings for initial investigation, prosecution and sentencing. The Chief of the National Anti-Smuggling Tribunal shall hold the rank equivalent to the Judge of High Court of a State.
(3) National Anti-Smuggling Tribunal shall have branch offices throughout India and it shall have legal authority enforce confiscation of the property of the smugglers, organized crime and hoarders of the black money. National Anti-Smuggling Tribunal shall have legal authority to auction, sell or assign confiscated property of smugglers, crime syndicates, drug cartels, terrorists and black money operators.
(4) It shall be competent for the President or Governor or any such person as they may direct to make provisions for exclusion the jurisdiction of all courts including High Courts, except the jurisdiction of the Supreme Court, with respect to all or any of the matters falling within the jurisdiction of the National Anti-Smuggling Tribunals and to stipulate that there shall be no statue of limitation for offenses of smuggling, avoidance of custom duties, possession of black money and laundering of incomes of smugglers, organized crime or black money and to stipulate that National Anti-Smuggling Tribunals shall have original jurisdiction throughout India on all matters related to smuggling, hawala transactions, custom duty evasion, black money, and incomes of the organized crime.
(5) It shall be competent for the President or Governor or any such person as they may direct to make provisions to target special economic dominant ethnic groups and castes such as dominate in the smuggling of gold and foreign goods or Hawala operations, and money laundering of Black money for initiating proceedings against them.
(6) It shall be competent for the President or Governor or such person as they may direct to make special provisions providing for deterrent punishment for the Members of National Anti-Smuggling Tribunals found guilty for any acts of financial corruption while discharging their duties under the Tribunal.
(7) It shall be competent for the President or Governor or such person as they may direct to provide for police protection for the officers of the National Anti-Smuggling Tribunals and police support for the investigation and for execution, implementation and enforcement of its judgment. The President or the Governor may establish a special police force for anti-smuggling operations and which shall directly report to the National Anti-Smuggling Tribunal and which shall provide full time police protection nationwide.
(37H) National Anti-Corruption Tribunal
(0)(37H) Article 37H: National Anti-Corruption Tribunal
(1) The Parliament by legislation or the President by Proclamation may provide for the adjudication or trial by National Anti-Corruption Tribunal for adjudication or trial of any disputes, complaints, or offences with respect to all or any of the matters related to Corruption, financial corruption and bribery by government officials including public sector employees, officers of the Defense services, Judges of the High Court and subordinate courts, and politicians holding public offices. The Governor by proclamation or State Legislature by legislation may establish State Anti-Corruption Tribunal, for confiscation of black money, prosecution for tax evasion, black marketeering.
(2) National Anti-Corruption Tribunal as well as State Taxation Tribunals shall be the courts of original jurisdiction for issues related to Corruption, including corruption, and it can on its own initiative initiate proceedings for initial investigation, prosecution and sentencing.
(3) National Anti-Corruption Tribunal shall have branch offices throughout India and it shall have legal authority enforce confiscation of the property of the corrupt officials, corrupt politicians as well as to confiscate the black money. National Anti-Corruption Tribunal shall have legal authority to auction, sell or assign confiscated property of persons found guilty of the crime of corruption.
(4) It shall be competent for the President or Governor or any such person as they may direct to make provisions for exclusion the jurisdiction of all courts including High Courts, except the jurisdiction of the Supreme Court, with respect to all or any of the matters falling within the jurisdiction of the National Anti-Corruption Tribunal and to stipulate that there shall be no statue of limitation for the offense of corruption by government officials, public officials, and businessmen and to stipulate that National Anti-Corruption Tribunals shall have original jurisdiction throughout India on all matters related to corruption including financial corruption by government employees, public servants, public officials and businessmen.
(5) It shall be competent for the President or Governor or any such person as they may direct to make provisions to target special groups and castes and other economically dominant ethnic groups for initiating proceedings for corruption including financial corruption.
(6) It shall be competent for the President or Governor or such person as they may direct to make special provisions providing for deterrent punishment for the Members of National Anti-Corruption Tribunals found guilty for any acts of financial corruption while discharging their duties under National Anti-Corruption Tribunal.
(7) It shall be competent for the President or Governor or such person as they may direct to provide for police protection for the officers of the National Anti-Corruption Tribunals and police support for the investigation and for execution, implementation and enforcement of its judgment. The President or the Governor may establish a special police force for tax recovery operations, which shall directly report to the National Anti-Corruption Tribunal.
(37I)National Policy Evaluation Tribunal
(0)(37-I) Article 37-I. National Policy Evaluation Tribunal
(1) The Parliament by legislation or the President by Proclamation may provide for the adjudication or trial by National Public Policy Evaluation Tribunal for adjudication or trial of any disputes, complaints, or offences with respect to all or any of the matters related to evaluation regarding the formulation of public policies having long-term impact on society and economy, to investigate or adjudicate whether these policies that are later found to be disastrous, were formulated in the first place with malice or band intent under the influence of hidden foreign hand of the foreign power. The primary concern of the National Policy Evaluation Tribunal shall be to judge whether bad economic, political, or diplomatic policies were formed by error of judgment and lack of expertise and incompetence, or were consciously formulated and implemented with malice intent to promote the interests of some extra-constitutional hidden foreign or domestic power.
(2) National Policy Evaluation Tribunal shall be the courts of original jurisdiction for issues related to acts of corruption, incompetence or treason, by public servants and public officers regarding issues related to the formulation of harmful economic and public policies with an intent to harm the national interests of India for promoting the interests of some domestic or foreign power.
(3) National Policy Evaluation Tribunal shall have branch offices throughout India and it shall have legal authority enforce confiscation of the property of the corrupt officials and corrupt politicians found guilty of intentionally formulating and implementing bad policies, with an intent to harm the national interests of India and economic interests of India. National Policy Evaluation Tribunal shall have legal authority to auction, sell or assign confiscated property of persons found guilty of the crime of conscious formulation and implementation of bad policies with an intent to harm the national interests of India.
(4) It shall be competent for the President or Governor or any such person as they may direct to make provisions for exclusion the jurisdiction of all courts including High Courts, except the jurisdiction of the Supreme Court, with respect to all or any of the matters falling within the jurisdiction of the National Policy Evaluation Tribunal and to stipulate that there shall be no statue of limitation for the offense of corruption by government officials and public officials, and to stipulate that National Policy Evaluation Tribunals shall have original jurisdiction throughout India on all matters related to willful formulation of bad economic, political or diplomatic policies with an intent to harm India’s national interests.
(5) It shall be competent for the President or Governor or any such person as they may direct to make provisions to target select group of public servants and public officials for initiating proceedings for willful formulation of bad economic, political and diplomatic policies, with a conscious intent to harm the national interests of India, or to promote the extra-legal interests of some hidden foreign or domestic power.
(6) It shall be competent for the President or Governor or such person as they may direct to make special provisions providing for deterrent punishment for the Members of National Policy Evaluation Tribunal found guilty for any acts of financial corruption while discharging their duties under National Policy Evaluation Tribunal.
(7) It shall be competent for the President or Governor or such person as they may direct to provide for police protection for the officers of the National Policy Evaluation Tribunals and police support for the investigation and for execution, implementation and enforcement of its judgment. The President or the Governor may establish a special police force, which shall directly report to the National Policy Evaluation Tribunal.
(8) It shall be competent for the President or Governor or any such person as they may direct to establish the evaluation procedure to identify and confirm the intent of malice and existence of a wider conspiracy to establish that concerned officials, whether serving or retired, consciously planned to formulate and implement bad public policies to harm the national interests of India, at behest of some hidden hand of domestic or foreign power. It shall be competent for the President or Governor or any such person as they may direct to make provisions for punishment that could be imposed by the Tribunal on such person, public servant and public official as are found guilty by the Tribunal.
© 2006 Author Kalki Gaur, “Populist Constitution of India” email DiplomatKalkiGaur@Yahoo.Com; Page 84. Web Blog http://360.yahoo.com/HindustanEmpire/ Copyrights All Rights Reserved

Populist Draft Constitution of India- Kalki Gaur
(35) Services Under the Union and the States
(35) Article 35 Government Services and Bureaucracy (IFS, IAS, IPS etc)
(35B) Article 35C. Recruitment and conditions of service of persons serving the Union or a State
All civil servants, members of bureaucracy, persons appointed to public services and posts in connection with the affairs of the Union or a State, serve at the pleasure of the President with the aid and advice of the Prime Minister.
(1) It shall be competent for the President or such person as he may direct, to regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the Union or of any State.
(2) It shall be competent for the President or such person as he may direct in the case of services and posts in connection with the affairs of the Union, and for the Governor of a State or such person as he may direct in the case of services and posts in connection with the affairs of the State, to make rules regulating the recruitment, and the conditions of service of persons appointed, to such services and posts.
(3) It shall be competent for the President or such person as he may direct to make special provisions for a fair, transparent, democratic and merit-only system of recruitment for All-India Services, State services, Public Sector services and National services.
(4) It shall be competent for the President or such person as he may direct to adopt specific provisions using modern management techniques to recruit and train bright persons for employment in government services and bureaucracy to ensure that country is able to harness best talents available in the country to manage the modern capitalist technological economy.
(5) It shall be competent for the President or such person as he may direct to make specific provisions to ensure that the Defense Services, All-India Services and State Services do not become a power unto itself and monopolize top positions in the government, bureaucracy, public sector and national sector in a democratic capitalist economy.

(0)(35C) Article 35C. Tenure of office of persons serving the Union or a State
(1) Except as expressly provided by this Constitution, every person who is a member of a defense service or of a civil service of the Union or of an all-India service or holds any post connected with defense or any civil post under the Union holds office during the pleasure of the President, and every person who is a member of a civil service of a State or holds any civil post under a State holds office during the pleasure of the Governor of the State.
(2) Notwithstanding that a person holding a civil post under the Union or a State holds office during the pleasure of the President or, as the case may be, of the Governor of the State, any contract under which a person, not being a member of a defense service or of an all-India service or of a civil service of the Union or a State, is appointed under this Constitution to hold such a post may, if the President or the Governor, as the case may be, deems it necessary in order to secure the services of a person having special qualifications, provide for the payment to him of compensation, if before the expiration of an agreed period that post is abolished or he is, for reasons not connected with any misconduct on his part, required to vacate that post.
(3) Nothing in the provisions for tenure of office of persons serving the Union or a State shall prevent the President or the State to institute modern evaluation procedures to periodically evaluate the academic, managerial and administrative competence of the bureaucrats in the nationwide pool of public employees to recommend the promotion or demotion of public officials before they are promoted to the next level.
(4) It shall be competent for the President or such person as he may direct to make democratic, fair and transparent provisions regarding the tenure of office of persons serving the Union or the State, which is fair to the incumbents as well to new job seekers, so that more new job positions are periodically created in the top positions, to periodically inject fresh talents and managerial skills in the top echelons of the services and bureaucracy.
(5) It shall be competent for the President or such person as he may direct to make specific provisions to continuously attract new talents and new job skills to the top echelons of services and bureaucracy, by periodically replacing senior officials trained in old economy to lesser sensitive jobs.
(6) It shall be competent for the President or such person as he may direct to make special provisions to develop fair, transparent and democratic system for promotions that gives greater weight on skills, qualifications and job performance more than the tenure in the services.
(7) It shall be competent for the President or such person as he may direct to make special provisions to ensure that bureaucracy and All-India Services may not become Mandarins and promote the vested interests of the IFS, IAS and IPS to the detriment of the needs of a modern democratic capitalist economy and society.
(8) It shall be competent for the President or such person as he may direct to establish Anti-Corruption Commission or special tribunals to investigate, prosecute and sentence corrupt government officials and officers of All-India services.
(9) It shall be competent for the President or such person as he may direct to establish Evaluation of Government Policies Commission, to discover the acts of fundamental error in economic and social policies that were implemented in post-independence era to identify the perpetrators of ideological and policy mistakes, to discover if any of the wrong economic policies were the result of foreign influence and foreign design as a part of wider conspiracy.
(0)(35D) Article 35D. Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State
(1) No person who is a member of a civil service of the Union or an all-India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed.
(2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges:
Provided that where it is proposed after such inquiry, to impose upon him any such penalty, such penalty may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation on the penalty proposed:
Provided further that this clause shall not apply – (a) where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction of a criminal charge; or (b) where the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry; or (c) where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State it is not expedient to hold such inquiry.
(3) If, in respect of any such person as aforesaid, a question arises whether it is reasonably practicable to hold such inquiry as is referred to in clause (2), the decision thereon of the authority empowered to dismiss or remove such person or to reduce him in rank shall be final.
(4) Nothing in the provisions for tenure of office of persons serving the Union or a State shall prevent the Union Anti-Corruption Commission to dismiss, demote or censure any officer of the IFS, IAS and Subordinate services and State Services.
(5) Nothing in the provisions for tenure of office of persons serving the Union or a State shall prevent the President or State to separate the recruitment functions of the Union Public Services Commission and State Public Services Commission from the promotion and dismissal functions, by making specific provisions o establish a separate Commission or a separate independent body of the Commission that shall be responsible for the continued evaluation, job promotions and matters related to the dismissal, removal or reduction in the ranks of persons employed in Union and State civil services including IFA, IAS, IPS, Allied Services, State Administrative Services, State Police Services and State Allied Services.
(6) It shall be competent for the President or such person as he may direct to make fair and transparent rules for the dismissal, removal or reduction in rank of persons employed in civil capacities in-charge of economic and business entities under the Union or State, to ensure that the best managerial and administrative talents are properly harnessed to productively lead and direct of the economic resources of the nation to promote fastest economic growth in the democratic capitalist populist economy. It shall be competent for the President or such person as he may direct to establish provisions that the considerations of fast national economic growth and development shall prevail over the personal considerations of salaried government employees including those in the All-India services.
All-India Services (IFS, IAS, IPS)
(0)(35E) Article 35E. All-India Services (IFS, IAS, IPS)
(1) If the Council of States has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest so to do, Parliament may by law provide for the creation of one or more all-India services, including Indian Foreign Service, Indian Administrative Service, Indian Police Service, India Judicial Service common to the Union and the States, and, subject to the other provisions of this Chapter, regulate the recruitment, and the conditions of service of persons appointed, to any such service.
(2) Nothing in the constitutional provisions for All-India Services shall prohibit the President or the State to end the monopoly over top positions, Joint Secretary, Additional Secretary and Secretary at the Union or a State to ensure that the top diplomatic and administrative positions are open to competent officials that do not belong to All-India Services such as IFS, IAS, IPS etc.
(3) Nothing in the provisions for tenure of office of persons serving the Union or a State in IFS, IAS, IPS and State Administrative Services cadres shall prevent the President or the State to appoint, without any limit to numbers of appointments, to senior-most positions in Union services to competent professionals outside the All-India Services cadre, by means of a fair and impartial, transparent and nepotism free selection process.
(4) All-India Services shall not have any monopoly over appointments to top most positions in government bureaucracy.
(5) All promotions, transfers and appointments in All-India Services shall be strictly on the basis of merit, job expertise, managerial competence and past job performance, without any consideration for caste-based reservation of jobs.
(6) Nothing in the provisions for tenure of office of persons serving the Union or a State in IFS, IAS, and IPS cadres shall prevent the President or the State to end the system of automatic promotions based on tenure in All-India Services.
(7) Nothing in the provisions of this Constitution for services under Union and States shall prevent the State and the President from reorganizing the services cadres, Indian Foreign Service, Indian Administrative Service, Allied Services, Indian Police Services, State Administrative Services and State Police Services, including the transfer of personnel from one cadre to another.
(8) Nothing in the provisions of this Constitution for services under Union and States shall prevent the State or the President from abolishing any particular services cadre, including Indian Foreign Service or Indian Administrative Service.
(9) Nothing in the provisions of this Constitution for services under Union and States shall prevent the State and the President from modifying the promotion procedures, including automatic promotions based on tenure.
(10) Nothing in the provisions of this Constitution for services under Union and States shall prevent the State and the President from ending the separate State Cadres for IAS and State Administrative Services and to replace it by National Services Cadre both for services under the Union and the States.
(11) Nothing in the provisions of this Constitution for services under Union and States shall prevent the State and the President from reforming the recruitment process, selection process, and promotion process presently conducted by Union Public Service Commission and State Service Commissions.
(12) Nothing in the provisions of this Constitution for services under Union and States shall prevent the State and the President from inducting qualified persons from academics and business to hold top positions in the Union and State Government services.
(13) Nothing in the provisions of this Constitution for services under Union and States shall prevent the State and the President from providing suitable promotion opportunities to all such qualified candidates from public sector, academics, and business if they are found to be better qualified and more suited for the job than the incumbent bureaucrats from IFS or IAS cadre.
(14) Nothing in the provisions of this Constitution for services under Union and States shall prevent the State and the President from ending the present system that allows the IFS and IAS cadre to monopolize the top bureaucratic positions in the Union, State and Public Sector services.
(15) Nothing in the provisions of this Constitution for services under Union and States shall prevent the State and the President from abolishing the system of reservation of jobs for Scheduled Castes and Scheduled Tribes in the Union and State services and public sector.
(16) Nothing in the provisions for tenure of office of persons serving the Union or a State in IFS, IAS, IPS and State Administrative Services cadres shall prevent the President or the State to discontinue with the present practice that allows the IFS, IAS and IPS cadres to overwhelmingly monopolize the top bureaucratic positions in Union or a State governments that deprives the government from better talent available in subordinate services and the academic or business sectors.
(17) Nothing in the provisions for tenure of office of persons serving the Union or a State in IFS, IAS, IPS and State Administrative Services cadres shall prevent the President or the State to make special provisions to ensure that topmost positions in bureaucracy, of the ranks Union joint secretary and above are open to all qualified persons in public bureaucracy, public sector, state sector, academics and business.
(0)(35F) Article 35F. Power of Parliament to vary or revoke conditions of service of officers of certain services
(1) Parliament may by law vary or revoke, whether prospectively or retrospectively, the conditions of service as respects remuneration, leave and pension and the rights as respects disciplinary matters of persons who, having been appointed by the UPSC or Public Service Commissions, or government of India to serve under the Government of India or of a State in any service or post.
(2) Nothing in this article shall affect the power of any legislature or other authority under any other provision of this Constitution to regulate the conditions of service of persons referred to in the clause above.
(3) It shall be competent for the President or such person as he may direct to periodically review the conditions of services of government officers including those in the All-India services, IFS, IAS and IPS to periodically retrain and reeducate government officers to provide bureaucracy with best tools in management and technology to better equip it to lead India develop into an advanced prosperous, democratic, capitalist populist economic super power.
(4) It shall be competent for the President or such person as he may direct to develop specific fair and transparent provisions to ensure that the national interests of fast economic growth and prosperity shall prevail over the conflicting vested interests of the bureaucracy.
(5) It shall be competent for the President or such person as he may direct to make specific provisions to ensure that political interference, nepotism, favoritism and influence peddling do not influence the decisions regarding the promotion, dismissal, transfers and revocation of conditions of services.
(0)(35G) Article 35G. Transitional provisions
Until other provision is made in this behalf under this Constitution, all the laws in force immediately before the commencement of this Constitution and applicable to any public service or any post which continues to exist after the commencement of this Constitution, as an all-India service or as service or post under the Union or a State shall continue in force so far as consistent with the provisions of this Populist Constitution.
(0)(35H) Article 35H. Provision for protection of existing officers of certain services
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(00)(36) Commissions
Public Service Commissions
(00)(36) Article 36 Public Service Commissions
(0)(36B) Article 36B. Public Service Commissions for the Union and for the States
(1) Subject to the provisions of this article, there shall be a Public Service Commission for the Union and a Public Service Commission for each State.
(2) Two or more States may agree that there shall be one Public Service Commission for that group of States, and if a resolution to that effect is passed by the House or, where there are two Houses, by each House of the Legislature of each of those States, Parliament may by law provide for the appointment of a Joint State Public Service Commission (referred to in this Chapter as Joint Commission) to serve the needs of those States.
(3) Any such law as aforesaid may contain such incidental and consequential provisions as may be necessary or desirable for giving effect to the purposes of the law.
(4) The Public Service Commission for the Union, if requested so to do by the Governor of a State, may, with the approval of the President, agree to serve all or any of the needs of the State.
(5) References in this Constitution to the Union Public Service Commission or a State Public Service Commission shall, unless the context otherwise requires, be construed as references to the Commission serving the needs of the Union or, as the case may be, the State as respects the particular matter in question.
(6) It shall be competent for the President or such person as he may direct to separate the selection and recruitment functions of the Union Public Service Commissions from the job-training, promotion, dismissal functions, under two separate independent divisions of the UPSC. The separation of the selection cum recruitment functions of the Union Public Service Commission, from those of training, evaluation, promotion, demotion and dismissal functions shall be done to make services and bureaucracy more responsive and more agile to meet the requirements of a modern capitalist industrial cum information age economy.
(7) It shall be competent for the President or such person as he may direct to develop regulatory checks to ensure that the pre-independence pro-colonial anti-Indian bias of Indian Civil Service does not continue to misdirect India’s economic, social and foreign policies through hidden centers of power in Indian bureaucracy and Polity, to promote the interests of foreign powers and colonial powers. It shall be competent for the President or such person as he may direct to make provisions for the dismantling of any such hidden centers of power and centers of decision making in civil services.
(8) It shall be competent for the President or such person as he may direct to create a new independent division of the Union Public Service Commission to continuously evaluate the job performance of the civil servants in IFS, IAS, IPS and Allied Services to recommend the promotion or demotion or dismissal of the senior civil servants through a fair, impartial and transparent evaluation process, to ensure that best officers are promoted to the crucial positions to expedite economic growth and prosperity.
(0)(36C) Article 36C. Appointment and term of office of members of Public Service Commission
(1) The Chairman and other members of a Public Service Commission shall be appointed, in the case of the Union Commission or a Joint Commission, by the President, and in the case of a State Commission, by the Governor of the State: Provided that as nearly as may be one-half of the members of every Public Service Commission shall be persons who at the dates of their respective appointments have held office for at least ten years either under the Government of India or under the Government of a State, and in computing the said period of ten years any period before the commencement of this Constitution during which a person has held office under the Union Government or under the Government of a State shall be included.
(2) If the office of the Chairman of the Commission becomes vacant or if any such Chairman if by reason of absence or for any other reason unable to perform the duties of his office, those duties shall, until some person appointed to the vacant office has entered on the duties thereof or, as the case may be, until the Chairman has resumed his duties, be performed by such one of the other members of the Commission as the President, in the case of the Union Commission or a Joint Commission, and the Governor of the State in the case of a State Commission, may appoint for the purpose.
(3) A member of a Public Service Commission shall hold office for a term of six years from the date on which he enters upon his office or until he attains, in the case of the Union Commission, the age of sixty-five years, and in the case of a State Commission or a Joint Commission, the age of sixty-two years, whichever is earlier.
(4) A member of a Public Service Commission may, by writing under his hand addressed, in the case of the Union Commission or a Joint Commission, to the President, and in the case of a State Commission, to the Governor of the State, resign his office;
(5) A person who holds office as a member of a Public Service Commission shall, on the expiration of his term of office, be ineligible for re-appointment to that office.
(0)(36D) Article 36D. Removal and suspension of a member of a Public Service Commission
(1) The Chairman or any other member of a Public Service Commission shall only be removed from his office by order of the President on the ground of misbehavior after the Supreme Court, on reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf, reported that the Chairman or such other member, as the case may be, ought on any such ground to be removed.
(2) The President, in the case of the Union Commission or a Joint Commission, and the Governor in the case of a State Commission, may suspend from office the Chairman or any other member of the Commission in respect of whom a reference has been made to the Supreme Court until the President has passed orders on receipt of the report of the Supreme Court on such reference.
(3) Notwithstanding anything in above clauses, the President may by order remove from office the Chairman or any other member of a Public Service Commission if the Chairman or such other member, as the case may be, - (a) is adjudged an insolvent; or (b) engages during his term of office in any paid employment outside the duties of his office; or (c) is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.
(4) If the Chairman or any other member of a Public Service Commission is or becomes in any way concerned or interested in any contract or agreement made by or on behalf of the Government of India or the Government of a State or participates in any way in the profit thereof or in any benefit or emolument arising there from otherwise than as a member and in common with the other members of an incorporated company, he shall be deemed to be guilty of misbehavior.
(0)(36E) Article 36E. Power to make regulations as to conditions of service of members and staff of the Commission
In the case of the Union Commission or a Joint Commission, the President and, in the case of a State Commission, the Governor of the State may by regulations - (a) determine the number of members of the Commission and their conditions of service; and (b) make provision with respect to the number of members of the staff of the Commission and their conditions of service: Provided that the conditions of service of a member of a Public Service Commission shall not be varied to his disadvantage after his appointment.
(0)(36F) Article 36F. Prohibition as to the holding of offices by members of Commission on ceasing to be such members
On ceasing to hold office - (a) the Chairman of the Union Public Service Commission shall be ineligible for further employment either under the Government of India or under the Government of a State;
(b) the Chairman of a State Public Service Commission shall be eligible for appointment as the Chairman or any other member of the Union Public Service Commission or as the Chairman of any other State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State;
(c) a member other than the Chairman of the Union Public Service Commission shall be eligible for appointment as the Chairman of the Union Public Service Commission or as the Chairman of a State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State;
(d) a member other than the Chairman of a State Public Service Commission shall be eligible for appointment as the Chairman or any other member of the Union Public Service Commission or as the Chairman of that or any other State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State.
(0)(36G) Article 36G. Functions of Public Service Commissions
(1) It shall be the duty of the Union and the State Public Service Commissions to conduct examinations for appointment to the services of the Union and the services of the State respectively.
(2) It shall also be the duty of the Union Public Service Commission, if requested by any two or more States so to do, to assist those States in framing and operating schemes of joint recruitment for any services for which candidates possessing special qualifications are required.
(3) The Union Public Service Commission or the State Public Service Commission, as the case may be, shall be consulted -
(a) on all matters relating to methods of recruitment to civil services and for civil posts;
(b) on the principles to be followed in making appointments to civil services and posts and in making promotions and transfers from one service to another and on the suitability of candidates for such appointments, promotions or transfers;
(c) on all disciplinary matters affecting a person serving under the Government of India or the Government of a State in a civil capacity, including memorials or petitions relating to such matters;
(d) on any claim by or in respect of a person who is serving or has served
under the Government of India or the Government of a State or under the Crown in India or under the Government of an Indian State, in a civil capacity, that any costs incurred by him in defending legal proceedings instituted against him in respect of acts done or purporting to be done in the execution of his duty should be paid out of the Consolidated Fund of India, or, as the case may be, out of the Consolidated Fund of the State;
(e) on any claim for the award of a pension in respect of injuries sustained by a person while serving under the Government of India or the Government of a State or under the Crown in India or under the Government of an Indian State, in a civil capacity, and any question as to the amount of any such award, and it shall be the duty of a Public Service Commission to advise on any matter so referred to them and on any other matter which the President, or, as the case may be, the Governor of the State, may refer to them: Provided that the President as respects the all-India services and also as respects other services and posts in connection with the affairs of the Union, and the Governor, as respects other services and posts in connection with the affairs of a State, may make regulations specifying the matters in which either generally, or in any particular class of case or in any particular circumstances, it shall not be necessary for a Public Service Commission to be consulted.
(5) All regulations made under the proviso the clause (3) by the President or the Governor of a State shall be laid for not less than fourteen days before each House of Parliament or the House or each House of the Legislature of the State, as the case may be, as soon as possible after they are made, and shall be subject to such modifications, whether by way of repeal or amendment, as both Houses of Parliament or the House or both Houses of the Legislature of the State may make during the session in which they are so laid.
(6) It shall be the duty of the Union Public Service Commissions to develop innovative selection process to eliminate the hidden colonial influence of the British-era Indian Civil Services that trained bureaucrats to promote the interests of the colonial powers and colonial interests at the detriment of economic, social and political national interests of India.
(7) It shall be the duty of the Union Public Service Commissions to rationally sub-divide itself into two separate and independent divisions, where one division shall exclusively focus on the selection and recruitment process of the services and other division shall exclusively focus on job-training, promotion, retirement, dismissal and demotion of the persons serving in the services and bureaucracy.
(0)(36H) Article 36H. Power to extend functions of Public Service Commissions
An Act made by Parliament or, as the case may be, the Legislature of a State may provide for the exercise of additional functions by the Union Public Service Commission or the State Public Service Commission as respects the services of the Union or the State and also as respects the services of any local authority or other body corporate constituted by law or of any public institution.

(0)(36I) Article 36I. Expenses of Public Service Commissions
The expenses of the Union or a State Public Service Commission, including any salaries, allowances and pensions payable to or in respect of the members or staff of the Commission, shall be charged on the Consolidated Fund of India, as the case may be, the Consolidated Fund of the State.
(0)(36J) Article 36J. Reports of Public Service Commissions
(1) It shall be the duty of the Union Commission to present annually to the President a report as to the work done by the Commission and on receipt of such report the President shall cause a copy thereof together with a memorandum explaining, as respects the cases, if any, where the advice of the Commission was not accepted, the reasons for such non-acceptance to be laid before each House of Parliament.
(2) It shall be the duty of a State Commission to present annually to the Governor of the State a report as to the work done by the Commission, and it shall be the duty of a Joint Commission to present annually to the Governor of each of the States the needs of which are served by the Joint Commission a report as to the work done by the Commission in relation to that State, and in either case the Governor, shall, on receipt of such report, cause a copy thereof together with a memorandum explaining, as respects the cases, if any, where the advice of the Commission was not accepted, the reasons for such non-acceptance to be laid before the Legislature of the State.
© 2006 Author Kalki Gaur, “Populist Constitution of India” email DiplomatKalkiGaur@Yahoo.Com; Page 78. Web Blog http://360.yahoo.com/HindustanEmpire/ Copyrights All Rights Reserved

Populist Draft Constitution of India- Kalki Gaur
(30) Finance, Finance Commission, Property, Contracts and Suits
(30) Article 30 Finance, Property, Contracts and Suits
(30A) Article 30A. Taxes not to be imposed save by authority of law
No tax shall be levied or collected except by authority of law.
(30B) Article 30B. Consolidated Funds and public accounts of India and of the States
(1) Subject to the provisions of article 267 and to the provisions of this Chapter with respect to the assignment of the whole or part of the net proceeds of certain taxes and duties to States, all revenues received by the Government of India, all loans raised by that Government by the issue of treasury bills, loans or ways and means advances and all moneys received by that Government in repayment of loans shall form one consolidated fund to be entitled "the Consolidated Fund of India", and all revenues received by the Government of a State, all loans raised by that Government by the issue of treasury bills, loans or ways and means advances and all moneys received by that Government in repayment of loans shall form one consolidated fund to be entitled "the Consolidated Fund of the State".
(2) All other public moneys received by or on behalf of the Government of India or the Government of a State shall be credited to the public account of India or the public account of the State, as the case may be.
(3) No moneys out of the Consolidated Fund of India or the Consolidated Fund of a State shall be appropriated except in accordance with a law and for the purposes and in the manner provided in this Constitution.
(0)(30C) Article 30C. Contingency Fund
(1) Parliament may by law establish a Contingency Fund in the nature of an imprest to be entitled "the Contingency Fund of India" into which shall be paid from time to time such sums as may be determined by such law, and the said Fund shall be placed at the disposal of the President to enable advances to be made by him out of such Fund for the purposes of meeting unforeseen expenditure pending authorization of such expenditure by Parliament by law.
(2) The Legislature of a State may by law establish a Contingency Fund in the nature of an imprest to be entitled "the Contingency Fund of the State" into which shall be paid from time to time such sums as may be determined by such law, and the said Fund shall be placed at the disposal of the Governor of the State to enable advances to be made by him out of such Fund for the purposes of meeting unforeseen expenditure pending authorization of such expenditure by the Legislature of the State by law.
(0)(30D) Article 30D. Duties levied by the Union but collected and appropriated by the States
(1) Such stamp duties and such duties of excise on medicinal and toilet preparations as are mentioned in the Union List shall be levied by the Government of India but shall be collected -
(a) in the case where such duties are leviable within any Union territory, by the Government of India, and
(b) in other cases, by the States within which such duties are respectively leviable.
(2) The proceeds in any financial year of any such duty leviable within any State shall not form part of the Consolidated Fund of India, but shall be assigned to that State.
(0)(30E) Article 30E. Taxes levied and collected by the Union but assigned to the States
(1) The following duties and taxes shall be levied and collected by the Government of India but shall be assigned to the States in the manner provided in clause (2), namely: -
(a) duties in respect of succession to property other than agricultural land;
(b) estate duty in respect of property other than agricultural land;
(c) terminal taxes on goods or passengers carried by railway, sea or air;
(d) taxes on railway fares and freights;
(e) taxes other than stamp duties on transactions in stock-exchanges and futures markets;
(f) taxes on the sale or purchase of newspapers and on advertisements published therein;
(g) taxes on the sale or purchase of goods other than newspapers, where such sale or purchase takes place in the course of inter-State trade or commerce;
(h) taxes on the consignment of goods (whether the consignment is to the person making it or to any other person), where such consignment takes place in the course of inter-State trade or commerce.
(2) The net proceeds in any financial year of any such duty or tax, except in so far as those proceeds represent proceeds attributable to Union territories, shall not form part of the Consolidated Fund of India, but shall be assigned to the States within which that duty or tax is leviable in that year, and shall be distributed among those States in accordance with such principles of distribution as may be formulated by Parliament by law.
(3) Parliament may by law formulate principles for determining when a sale or purchase of, or consignment of, goods takes place in the course of inter-State trade or commerce.
(0)(30F) Article 30F. Taxes levied and collected by the Union and distributed between the Union and the States
(1) Taxes on income other than agricultural income shall be levied and collected by the Government of India and distributed between the Union and the States in the manner provided in clause (2).
(2) Such percentage, as may be prescribed, of the net proceeds in any financial year of any such tax, except in so far as those proceeds represent proceeds attributable to Union territories or to taxes payable in respect of Union emoluments, shall not form part of the Consolidated Fund of India, but shall be assigned to the States within which that tax is leviable in that year, and shall be distributed among those States in such manner and from such time as may be prescribed.
(3) For the purposes of clause (2), in each financial year such percentage as may be prescribed of so much of the net proceeds of taxes on income as does not represent the net proceeds of taxes payable in respect of Union emoluments shall be deemed to represent proceeds attributable to Union territories.
(4) In this article -(a) "taxes on income" does not include a corporation tax:
(b) "prescribed" means -(i) until a Finance Commission has been constituted, prescribed by the President by order, and (ii) after a Finance Commission has been constituted, prescribed by the President by order after considering the recommendations of the Finance Commission;
(c) "Union emoluments" includes all emoluments and pensions payable out of the Consolidated Fund of India in respect of which income-tax is chargeable.
(0)(30G) Article 30G. Surcharge on certain duties and taxes for purposes of the Union
The Parliament may at any time increase any of the duties or taxes referred to in those articles by a surcharge for purposes of the Union and the whole proceeds of any such surcharge shall form part of the Consolidated Fund of India.
(0)(30H) Article 30H. Taxes Levied Collection & Distribution
Taxes which are levied and collected by the Union and may be distributed between the Union and the States. Union duties of excise other than such duties of excise on medicinal and toilet preparations as are mentioned in the Union List shall be levied and collected by the Government of India, but, if Parliament by law so provides, there shall be paid out of the Consolidated Fund of India to the States to which the law imposing the duty extends sums equivalent to the whole or any part of the net proceeds of that duty, and those sums shall be distributed among those States in accordance with such principles of distribution as may be formulated by such law.
(0)(30-I) Article 30-I. Prior recommendation of President require to Bills affecting taxation in which States are interested
(1) No Bill or amendment which imposes or varies any tax or duty in which States are interested, or which varies the meaning of the expression "agricultural income" as defined for the purposes of the enactments relating to Indian income-tax, or which affects the principles on which under any of the foregoing provisions of this Chapter moneys are or may be distributable to States, or which imposes any such surcharge for the purposes of the Union as is mentioned in the foregoing provisions of this Chapter, shall be introduced or moved in either House of Parliament except on the recommendation of the President.
(2) In this article, the expression "tax or duty in which States are interested" means - (a) a tax or duty the whole or part of the net proceeds whereof are assigned to any State; or (b) a tax or duty by reference to the net proceeds whereof sums are for the time being payable out of the Consolidated Fund of India to any State.
(0)(30-J) Article 31J. Grants from the Union to certain States
(1) Such sums as Parliament may by law provide shall be charged on the Consolidated Fund of India in each year as grants-in-aid of the revenues of such States as Parliament may determined to be in need of assistance, and different sums may be fixed for different States: Provided that there shall be paid out of the Consolidated Fund of India as grants-in-aid of the revenues of a State such capital and recurring sums as may be necessary to enable that State to meet the costs of such schemes of development as may be undertaken by the State with the approval of the Government of India for the purpose of promoting the welfare of the Scheduled Tribes in that State or raising the level of administration of the Scheduled Areas therein to that of the administration of the rest of the areas of that State:
Provided further that there shall be paid out of the Consolidated Fund of India as grants-in-aid of the revenues of the State of Assam sums, capital and recurring, equivalent to - (a) the average excess of expenditure over the revenues during the two years immediately preceding the commencement of this Constitution in respect of the administration of the tribal areas specified in the Sixth Schedule; and
(b) the costs of such schemes of development as may be undertaken by that State with the approval of the Government of India for the purpose of raising the level of administration of the said areas to that of the administration of the rest of the areas of that State.
(2) Until provision is made by Parliament under clause (1), the powers conferred on Parliament under that clause shall be exercisable by the President by order and any order made by the President under this clause shall have effect subject to any provision so made by Parliament: Provided that after a Finance Commission has been constituted no order shall be made under this clause by the President except after considering the recommendations of the Finance Commission.
(0)(30K) Article 30K. Taxes on professions, trades, callings and employments
(1) No law of the Legislature of a State relating to taxes for the benefit of the State or of a municipality, district board, local board or other local authority therein in respect of professions, trades, callings or employments shall be invalid on the ground that it relates to a tax on income.
(2) The total amount payable in respect of any one person to the State or to any one municipality, district board, local board or other local authority in the State by way of taxes on professions, trades, callings and employments shall not exceed two thousand and five hundred rupees per annum.
(3) The power of the Legislature of a State to make laws as aforesaid with respect to taxes on professions, trades, callings and employments shall not be construed as limiting in any way the power of Parliament to make laws with respect to taxes on income accruing from or arising out of professions, trades, callings and employments.
(0)(30L) Article 30L. Savings
Any taxes, duties, cesses or fees which, immediately before the commencement of this Constitution, were being lawfully levied by the Government of any State or by any municipality or other local authority or body for the purposes of the State, municipality, district or other local area may, notwithstanding that those taxes, duties, cesses or fees are mentioned in the Union List, continue to be levied and to be applied to the same purposes until provision to the contrary is made by Parliament by law.
(0)(30M) Article 30M. Calculation of "net proceeds", etc.
(1) In the foregoing provisions of this Chapter, "net proceeds" means in relation to any tax or duty the proceeds thereof reduced by the cost of collection, and for the purposes of those provisions the net proceeds of any tax or duty, or of any part of any tax or duty, in or attributable to any area shall be ascertained and certified by the Comptroller and Auditor-General of India, whose certificate shall be final.
(2) Subject as aforesaid, and to any other express provision of this Chapter, a law made by Parliament or an order of the President may, in any case where under this Part the proceeds of any duty or tax are, or may be, assigned to any State, provide for the manner in which the proceeds are to be calculated, for the time from or at which and the manner in which any payments are to be made, for the making of adjustments between one financial year and another, and for any other incidental or ancillary matters.
(32) Finance Commission
(0)(32) Article 32. Finance Commission
(1) The President shall, within two years from the commencement of this Constitution and thereafter at the expiration of every fifth year or at such earlier time as the President considers necessary, by order constitute a Finance Commission which shall consist of a Chairman and four other members to be appointed by the President.
(2) Parliament may by law determine the qualifications which shall be requisite for appointment as members of the Commission and the manner in which they shall be selected.
(3) It shall be the duty of the Commission to make recommendations to the President as to - (a) the distribution between the Union and the States of the net proceeds of taxes which are to be, or may be, divided between them under this Chapter and the allocation between the States of the respective shares of such proceeds.
(4) The Commission shall determine their procedure and shall have such powers in the performance of their functions as Parliament may by law confer on them.
(0)(32B) Article 32B. Recommendations of the Finance Commission
The President shall cause every recommendation made by the Finance Commission under the provisions of this Constitution together with an explanatory memorandum as to the action taken thereon to be laid before each House of Parliament.
(0)(32C) Article 32C. Expenditure defrayable by the Union or a State out of its revenues
The Union or a State may make any grants for any public purpose, notwithstanding that the purpose is not one with respect to which Parliament or the Legislature of the State, as the case may be, may make laws.
(0)(32D) Article 32D. Custody, etc., of Consolidated Funds, Contingency Funds and moneys credited to the public accounts
(1) The custody of the Consolidated Fund of India and the Contingency Fund of India, the payment of moneys into such Funds, the withdrawal of moneys there from, the custody of public moneys other than those credited to such Funds received by or on behalf of the Government of India, their payment into the public account of India and the withdrawal of moneys from such account and all other matters connected with or ancillary to matters aforesaid shall be regulated by law made by Parliament, and, until provision in that behalf is so made, shall be regulated by rules made by the President.
(2) The custody of the Consolidated Fund of a State and the Contingency Fund of a State, the payment of moneys into such Funds, the withdrawal of moneys there from, the custody of public moneys other than those credited to such Funds received by or on behalf of the Government of the State, their payment into the public account of the State and the withdrawal of moneys from such account and all other matters connected with or ancillary to matters aforesaid shall be regulated by law made by the Legislature of the State, and, until provision in that behalf is so made, shall be regulated by rules made by the Governor of the State.
(0)(32E) Article 32E. Custody of suitors' deposits and other moneys received by public servants and courts
All moneys received by or deposited with - (a) any officer employed in connection with the affairs of the Union or of a State in his capacity as such, other than revenues or public moneys raised or received by the Government of India or the Government of the State, as the case may be, or
(b) any court within the territory of India to the credit of any cause, matter, account or persons, shall be paid into the public account of India or the public account of State, as the case may be.
(0)(32F) Article 32F. Exemption of property of the Union from State taxation
(1) The property of the Union shall, save in so far as Parliament may by law otherwise provide, be exempt from all taxes imposed by a State or by any authority within a State.
(2) Nothing in clause (1) shall, until Parliament by law otherwise provides, prevent any authority within a State from levying any tax on any property of the Union to which such property was immediately before the commencement of this Constitution liable or treated as liable, so long as that tax continues to be levied in that State.
(0)(32G) Article 32G. Restriction as to imposition of tax on the sale or purchase of goods
(1) No Law of a State shall impose, or authorize the imposition of, a tax on the sale or purchase of goods where such sale or purchase takes place -(a) outside the State; or (b) in the course of the import of the goods into, or export of the goods out of, the territory of India.
(2) Parliament may by law formulate principles for determining when a sale or purchase of goods takes place in any of the ways mentioned in clause (1).
(3) Any law of a State shall, in so far as it imposes, or authorizes the imposition of, -
(a) a tax on the sale or purchase of goods declared by Parliament by law to be of special importance in inter-State trade or commerce.
(0)(32H) Article 32H. Exemption from taxes on electricity
Save in so far as Parliament may by law otherwise provide, no law of a State shall impose, or authorize the imposition of, a tax on the consumption or sale of electricity (whether produced by a Government or other persons) which is -
(a) consumed by the Government of India, or sold to the Government of India for consumption by that Government; or
(b) consumed in the construction, maintenance or operation of any railway by the Government of India or a railway company operating that railway, or sold to that Government or any such railway company for consumption in the construction, maintenance or operation of any railway, and any such law imposing, or authorizing the imposition of, a tax on the sale of electricity shall secure that the price of electricity sold to the Government of India for consumption by that Government, or to any such railway company as aforesaid for consumption in the construction, maintenance or operation of any railway, shall be less by the amount of the tax than the price charged to other consumers of a substantial quantity of electricity.
(0)(32I) Article 32I. Exemption from taxation by States in respect of water or electricity in certain cases
(1) Save in so far as the President may by order otherwise provide, no law of a State in force immediately before the commencement of this Constitution shall impose, or authorize the imposition of, a tax in respect of any water or electricity stored, generated, consumed, distributed or sold by any authority established by any existing law or any law made by Parliament for regulating or developing any inter-State river or river-valley.
Explanation: The expression "law of a State in force" in this clause shall include a law of a State passed or made before the commencement of this Constitution and not previously repealed, notwithstanding that it or parts of it may not be then in operation either at all or in particular areas.
(2) The Legislature of a State may by law impose, or authorize the imposition of, any such tax as is mentioned in clause (1), but no such law shall have any effect unless it has, after having been reserved for the consideration of the President, received his assent; and if any such law provides for the fixation of the rates and other incidents of such tax by means of rules or orders to be made under the law by any authority, the law shall provide for the previous consent of the President being obtained to the making of any such rule or order.
(0)(32K) Article 32J. Exemption of property and income of a State from Union taxation
(1) The property and income of a State shall be exempt from Union taxation.
(2) Nothing in clause (1) shall prevent the Union from imposing, or authorizing the imposition of, any tax to such extent, if any, as Parliament may by law provide in respect of a trade or business of any kind carried on by, or on behalf of, the Government of a State, or any operations connected therewith, or any property used or occupied for the purposes of such trade or business, or any income accruing or arising in connection therewith.
(3) Nothing in clause (2) shall apply to any trade or business, or to any class of trade or business, which Parliament may by law declare to be incidental to the ordinary functions of Government.
(0)(32L) Article 32L. Adjustment in respect of certain expenses and pensions
Where under the provisions of this Constitution the expenses of any Court or Commission, or the pension payable to or in respect of a person who has served before the commencement of this Constitution under the Crown in India or after such commencement in connection with the affairs of the Union or of a State, are charged on the Consolidated Fund of India or the Consolidated Fund of a State, then, if - (a) in the case of a charge on the Consolidated Fund of India, the court or Commission serves any of the separate needs of a State, or the person has served wholly or in part in connection with the affairs of a State; or
(b) in the case of a charge on the Consolidated Fund of a State, the court or Commission serves any of the separate needs of the Union or another State, or the person has served wholly or in part in connection with the affairs of the Union or another State, there shall be charged on and paid out of the Consolidated Fund of the State or, as the case may be, the Consolidated Fund of India or the Consolidated Fund of the other State, such contribution in respect of the expenses or pension as may be agreed, or as may in default of agreement be determined by an arbitrator to be appointed by the Chief Justice of India.
(0)(32M) Article 32M. Privy purse sums of Rulers
(33) Property, Contacts, Rights, Liabilities, Obligations and Suits
(0)(33) Article 33. Property, Contacts, Rights, Liabilities, Obligations and Suits
(0)(33A) Article 33A. Succession to property, assets, rights, liabilities and obligations in certain cases
As from the commencement of this Constitution - (a) all property and assets which immediately before such commencement were vested in His Majesty for the purposes of the Government of the Dominion of India and all property and assets which immediately before such commencement were vested in His Majesty for the purposes of the Government of each Governor's Province shall vest respectively in the Union and the corresponding State, and
(b) all rights, liabilities and obligations of the Government of the Dominion of India and of the Government of each Governor's Province, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations respectively of the Government of India and the Government of each corresponding State, subject to any adjustment made or to be made by reason of the creation before the commencement of this Constitution of the Dominion of Pakistan or of the Provinces of West Bengal, East Bengal, West Punjab and East Punjab.
(0)(33B) Article 33B. Succession to property, assets, rights, liabilities and obligations in other cases
(1) As from the commencement of this Constitution - (a) all property and assets which immediately before such commencement were vested in any Indian State corresponding to a State specified in Part B of the First Schedule shall vest in the Union, if the purposes for which such property and assets were held immediately before such commencement will thereafter be purposes of the Union relating to any of the matters enumerated in the Union List, and
(b) all rights, liabilities and obligations of the Government of any Indian State corresponding to a State specified in Part B of the First Schedule, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations of the Government of India, if the purposes for which such rights were acquired or liabilities or obligations were incurred before such commencement will thereafter be purposes of the Government of India relating to any of the matters enumerated in the Union List, subject to any agreement entered into in that behalf by the Government of India with the Government of that State.
(2) Subject as aforesaid, the Government of each State specified in Part B of the First Schedule shall, as from the commencement of this Constitution, be the successor of the Government of the corresponding Indian State as regards all property and assets and all rights, liabilities and obligations, whether arising out of any contract or otherwise, other than those referred to in clause (1).
(0)(33C) Article 33C. Property accruing by escheat or lapse or as Bona vacantia
Subject as hereinafter provided, any property in the territory of India which, if this Constitution had not come into operation, would have accrued to His Majesty or, as the case may be, to the Ruler of an Indian State by escheat or lapse, or as bona Vacantia for want of a rightful owner, shall, if it is property situate in a State, vest in such State, and shall, in any other case, vest in the Union:
Provided that any property which at the date when it would have so accrued to His Majesty or to the Ruler of an indian State was in the possession or under the control of the Government of India or the Government of a State shall, according as the purposes for which it was then used or held were purposes of the Union or of a State, vest in the Union or in that State.
Explanation: In this article, the expressions "Rulers" and "Indian State" have the same meanings as in article 363.
(0)(33D) Article 33D. Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union
(1) All lands, minerals and other things of value underlying the ocean within the territorial waters, or the continental shelf, or the exclusive economic zone, of India shall vest in the Union and be held for the purposes of the Union.
(2) All other resources of the exclusive economic zone of India shall also vest in the Union and be held for the purposes of the Union.
(3) The limits of the territorial waters, the continental shelf, the exclusive economic zone, and other maritime zones, of India shall be such as may be specified, from time to time, by or under any law made by Parliament.
(34) Borrowing by Union Government
(00)(34) Article 34 Borrowing by Government
(0)(34B) Article 34B. Borrowing by the Government of India
The executive power of the Union extends to borrowing upon the security of the Consolidated Fund of India within such limits, if any, as may from time to time be fixed by Parliament by law and to the giving of guarantees within such limits, if any, as may be so fixed.
(0)(34C) Article 34C. Borrowing by States
(1) Subject to the provisions of this article, the executive power of a State extends to borrowing within the territory of India upon the security of the Consolidated Fund of the State within such limits, if any, as may from time to time be fixed by the Legislature of such State by law and to the giving of guarantees within such limits, if any, as may be so fixed.
(2) The Government of India may, subject to such conditions as may be laid down by or under any law made by Parliament, make loans to any State or, so long as any limits fixed under law are not exceeded, give guarantees in respect of loans raised by any State, and any sums required for the purpose of making such loans shall be charged on the Consolidated Fund of India.
(3) A State may not without the consent of the Government of India raise any loan if there is still outstanding any part of a loan which has been made to the State by the Government of India or by its predecessor Government, or in respect of which a guarantee has been given by the Government of India or by its predecessor Government.
(4) A consent under clause (3) may be granted subject to such conditions, if any, as the Government of India may think fit to impose.
(0)(34D) Article 34D. Power to carry on trade, etc.
The executive power of the Union and of each State shall extend to the carrying on of any trade or business and to the acquisition, holding and disposal of property and the making of contracts for any purpose: Provided that -
(a) the said executive power of the Union shall, in so far as such trade or business or such purpose is not one with respect to which Parliament may make laws, be subject in each State to legislation by the State; and
(b) the said executive power of each State shall, in so far as such trade or business or such purpose is not one with respect to which the State Legislature may make laws, be subject to legislation by Parliament.
(0)(34E) Article 34E. Contracts
(1) All contracts made in the exercise of the executive power of the Union or of a State shall be expressed to be made by the President, or by the Governor of the State, as the case may be, and all such contracts and all assurances of property made in the exercise of that power shall be executed on behalf of the President or the Governor by such persons and in such manner as he may direct or authorize.
(2) Neither the President nor the Governor shall be personally liable in respect of any contract or assurance made or executed for the purposes of this Constitution, or for the purposes of any enactment relating to the Government of India heretofore in force, nor shall any person making or executing any such contract or assurance on behalf of any of them be personally liable in respect thereof.
(0)(34F) Article 34F. Suits and proceedings
(1) The Government of India may sue or be sued by the name of the Union of India and the Government of a State may sue or be sued by the name of the State and may, subject to any provisions which may be made by Act of Parliament or of the Legislature of such State enacted by virtue of powers conferred by this Constitution, sue or be sued in relation to their respective affairs in the like cases as the Dominion of India and the corresponding Provinces or the corresponding Indian States might have sued or been sued if this Constitution had not been enacted.
(2) If at the commencement of this Constitution -
(a) any legal proceedings are pending to which the Dominion of India is a party, the Union of India shall be deemed to be substituted for the Dominion in those proceedings; and
(b) any legal proceedings are pending to which a Province or an Indian State is a party, the corresponding State shall be deemed to be substituted for the Province or the Indian State in those proceedings.
© 2006 Author Kalki Gaur, “Populist Constitution of India” email DiplomatKalkiGaur@Yahoo.Com; Page 72. Web Blog http://360.yahoo.com/HindustanEmpire/ Copyrights All Rights Reserved

Populist Draft of a New Constitution of India- Kalki Gaur
(27) Scheduled and Tribal Areas
(27) Article 27 The Scheduled and Tribal Areas
(27B) Article 27B. Administration of Scheduled Areas and Tribal Areas
(1) The provisions of the Fifth Schedule shall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in any State.
(27C) Article 27C. Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefore
(1) Notwithstanding anything in this Constitution, Parliament may, by law, form within the State of Assam an autonomous State comprising (whether wholly or in part) all or any of the tribal areas specified -(a) a body, whether elected or partly nominated and partly elected, to function as a Legislature for the autonomous State, 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) may, in particular, - (a) specify the matters enumerated in the State List or the Concurrent List with respect to which the Legislature of the autonomous State shall have power to make laws for the whole or any part thereof, whether to the exclusion of the Legislature of the State of Assam or otherwise;
(b) define the matters with respect to which the executive power of the autonomous State shall extend;
(c) provide that any tax levied by the State of Assam shall be assigned to the autonomous State in so far as the proceeds thereof are attributable to the autonomous State;
(d) provide that any reference to a State in any article of this Constitution shall be construed as including a reference to the autonomous State; and
(e) make such supplemental, incidental and consequential provisions as may be deemed necessary.
(3) An amendment of any such law as aforesaid in so far as such amendment relates to any of the matters specified in sub-clause (a) or sub-clause (b) of clause (2) shall have no effect unless the amendment is passed in each House of Parliament by not less than two-thirds of the members present and voting.
(28) Federal Relations Between the Union and the States
(00) Federal Relations Between the Union and the States
(00)(28) Article 28 Legislative Relations between Union and the States
(0)(28B) Article 28B. Extent of laws made by Parliament and by the Legislatures of States
(1) Subject to the provisions of this Constitution, Parliament may make laws for the whole or any part of the territory of India, and the Legislature of a State may make laws for the whole or any part of the State.
(2) No law made by Parliament shall be deemed to be invalid on the ground that it would have extra-territorial operation.
(0)(28C) Article 28C Subject-matter of laws made by Parliament and by the Legislatures of States
(1) Notwithstanding anything in clauses (2) and (3), Parliament has exclusive power to make laws with respect to any of the matters enumerated in List I in the Seventh Schedule (in this Constitution referred to as the "Union List").
(2) Notwithstanding anything in clause (3), Parliament, and, subject to clause (1), the Legislature of any State also, have power to make laws with respect to any of the matters enumerated in List III in the Seventh Schedule (in this Constitution referred to as the "Concurrent List").
(3) Subject to clauses (1) and (2), the Legislature of any State has exclusive power to make laws for such State or any part thereof with respect to any of the matters enumerated in List II in the Seventh Schedule (in this Constitution referred to as the "State List").
(4) Parliament has power to make laws with respect to any matter for any part of the territory of India not included in a State notwithstanding that such matter is a matter enumerated in the State List.
(0)(28D) Article 28D. Power of Parliament to provide for the establishment of certain additional courts
Notwithstanding anything in this Chapter, Parliament may by law provide for the establishment of any additional courts for the better administration of laws made by Parliament or of any existing law with respect to a matter enumerated in the Union List.
(0)(28E) Article 28E. Residuary powers of legislation
(1) Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List.
(2) Such power shall include the power of making any law imposing a tax not mentioned in either of those Lists.
(0(28F) Article 28F. Power of Parliament to legislate with respect to a matter in the State List in the National interest
(1) Notwithstanding anything in the foregoing provisions of this Chapter, if the Council of States has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest that Parliament should make laws with respect to any matter enumerated in the State List specified in the resolution, it shall be lawful for Parliament to make laws for the whole or any part of the territory of India with respect to that matter while the resolution remains in force.
(2) A resolution passed under clause (1) shall remain in force for such period not exceeding one year as may be specified therein:
Provided that, if and so often as a resolution approving the continuance in force of any such resolution is passed in the manner provided in clause (1), such resolution shall continue in force for a further period of one year from the date on which under this clause it would otherwise have ceased to be in force.
(3) A law made by Parliament which Parliament would not but for the passing of a resolution under clause (1) have been competent to make shall, to the extent of the incompetence, cease to have effect on the expiration of a period of six months after the resolution has ceased to be in force, except as respects things done or omitted to be done before the expiration of the said period.
(0)(28G) Article 28G. Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation
(1) Notwithstanding anything in this Chapter, Parliament shall, while a Proclamation of Emergency is in operation, have power to make laws for the whole or any part of the territory of India with respect to any of the matters enumerated in the State List.
(2) A law made by Parliament which Parliament would not but for the issue of a Proclamation of Emergency have been competent to make shall, to the extent of the incompetence, cease to have effect on the expiration of a period of six months after the Proclamation has ceased to operate, except as respects things done or omitted to be done before the expiration of the said period.
(0)(28H) Article 28H. Inconsistency between laws made by Parliament under articles --- and --- and laws made by the legislatures of States
Nothing in articles ---- and --- shall restrict the power of the Legislature of a State to make any law which under this Constitution it has power to make, but 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 has under either of the said articles power to make, the law made by Parliament, whether passed before or after the law made by the Legislature of the State, shall prevail, and the law made by the Legislature of the State shall to the extent of the repugnancy, but so long only as the law made by Parliament continues to have effect, be inoperative.
(0)(28I) Article 28I. Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State
(1) If it appears to the Legislatures of two or more States to be desirable that any of the matters with respect to which Parliament has no power to make laws for the States except as provided in articles --- and --- should be regulated in such States by Parliament by law, and if resolutions to that effect are passed by all the Houses of the Legislatures of those States, it shall be lawful for Parliament to pass an Act for regulating that matter accordingly, and any Act so passed shall apply to such States and to any other State by which it is adopted afterwards by resolution passed in that behalf by the House or, where there are two Houses, by each of the Houses of the Legislature of that State.
(2) Any Act so passed by Parliament may be amended or repealed by an Act of Parliament passed or adopted in like manner but shall not, as respects any State to which is applies, be amended or repealed by an Act of the Legislature of that State.
(0)(28J) Article 28J. Legislation for giving effect to international agreements
Notwithstanding anything in the foregoing provisions of this Chapter, Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body.
(0)(28K) Article 28K. 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 State 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.
(0)(28L) Article 28L. Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only
No Act of Parliament or of the Legislature of a State, and no provision in any such Act, shall be invalid by reason only that some recommendation or previous sanction required by this Constitution was not given, if assent to that Act was given -
(a) where the recommendation required was that of the Governor, either by the Governor or by the President;
(b) where the recommendation required was that of the Rajpramukh, either by the Rajpramukh or by the President;
(c) where the recommendation or previous sanction required was that of the President, by the President.
(29) Administrative Relations between Union and the States
(00)(29) Article 29 Administrative Relations between Union and the States
(0)(29B) Article 29B. Obligation of States and the Union
The executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that State, and the executive power of the Union shall extend to the giving of such directions to a State as may, appear to the Government of India to be necessary for that purpose.
(0)(29C) Article 29C. Control of the Union over States in certain cases
(1) The executive power of every State shall be so exercised as not to impede or prejudice the exercise of the executive power of the Union, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose.
(2) The executive power of the Union shall also extend to the giving of directions to a State as to the construction and maintenance of means of communication declared in the direction to be of national or military importance:
Provided that nothing in this clause shall be taken as restricting the power of Parliament to declare highways or waterways to be national highways or national waterways or the power of the Union with respect to the highways or waterways so declared or the power of the Union to construct and maintain means of communication as part of its functions with respect to naval, military and air force works.
(3) The executive power of the Union shall also extend to the giving of directions to a State as to the measures to be taken for the protection of the railways within the State.
(4) Where in carrying out any direction given to a State under clause (2) as to the construction or maintenance of any means of communication or under clause (3) as to the measures to be taken for the protection of any railway, costs have been incurred in excess of those which would have been incurred in the discharge of the normal duties of the State if such direction had not been given, there shall be paid by the Government of India to the State such sum as may be agreed, or, in default of agreement, as may be determined by an arbitrator appointed by the Chief Justice of India, in respect of the extra costs so incurred by the State.
(0)(29D) Article 29D. Assistance to States by deployment of armed forces or other forces of the Union
(0)(29E) Article 29E. Power of the Union to confer powers, etc., on States in certain cases
(1) Notwithstanding anything in this Constitution, the President may, with the consent of the Government of a State, entrust either conditionally or unconditionally to that Government or to its officers functions in relation to any matter to which the executive power of the Union extends.
(2) A law made by Parliament which applies in any State may, notwithstanding that it relates to a matter with respect to which the Legislature of the State has no power to make laws, confer powers and impose duties, or authorize the conferring of powers and the imposition of duties, upon the State or officers and authorities thereof.
(3) Where by virtue of this article powers and duties have been conferred or imposed upon a State or officers or authorities thereof, there shall be paid by the Government of India to the State such sum as may be agreed, or, in default of agreement, as may be determined by an arbitrator appointed by the Chief Justice of India, in respect of any extra costs of administration incurred by the State in connection with the exercise of those powers and duties.
(0)(29F) Article 29F. Power of the States to entrust functions to the Union
Notwithstanding anything in this Constitution, the Governor of a State may, with the consent of the Government of India, entrust either conditionally or unconditionally to that Government or to its officers functions in relation to any matter to which the exclusive power of the State extends.
(0)(29G) Article 29G. Jurisdiction of the Union in relation to territories outside India
The Government of India may be agreement with the Government of any territory not being part of the territory of India undertake any executive, legislative or judicial functions vested in the Government of such territory, but every such agreement shall be subject to, and governed by, any law relating to the exercise of foreign jurisdiction for the time being in force.
(0)(29H) Article 29H. Public acts, records and judicial proceedings
(1) Full faith and credit shall be given throughout the territory of India to public acts, records and judicial proceedings of the Union and of every State.
(2) The manner in which and the conditions under which the acts, records and proceedings referred to in clause (1) shall be proved and the effect thereof determined shall be as provided by law made by Parliament.
(3) Final judgments or orders delivered or passed by civil courts in any part of the territory of India shall be capable of execution anywhere within that territory according to law.
(0)(29I) Article 29I. Adjudication of disputes relating to waters of inter-State rivers or river valleys
(1) Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of, or in, any inter-State river or river valley.
(2) Notwithstanding anything in this Constitution, Parliament may by law provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint as is referred to in clause (1).
(0)(29J) Article 29J. Provisions with respect to an inter-State Council
If at any time it appears to the President that the public interests would be served by the establishment of a Council charged with the duty of -
(a) inquiring into and advising upon disputes which may have arisen between States;
(b) investigating and discussing subjects in which some or all of the States, or the Union and one or more of the States, have a common interest; or
(c) making recommendations upon any such subject and, in particular, recommendations for the better co-ordination of policy and action with respect to that subject, it shall be lawful for the President by order to establish such a Council, and to define the nature of the duties to be performed by it and its Organization and procedure.
© 2006 Author Kalki Gaur, “Populist Constitution of India” email DiplomatKalkiGaur@Yahoo.Com; Page 66. Web Blog http://360.yahoo.com/HindustanEmpire/ Copyrights All Rights Reserved

Populist Draft Constitution of India- Kalki Gaur
(24) Union Territories
(24) Article 24. Union Territories
(24B) Article 24B. 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.
(24C) Article 24C. Creation of local Legislatures or Council of Ministers or both for certain Union territories
(1) Parliament may by law create for the Union territory-
(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 shall not be deemed to be an amendment of this Constitution that it contains any provision which amends or has the effect of amending this Constitution.
(3) 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.
(4) 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.
(5) There shall be a Council of Ministers consisting of not more than ten per cent 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 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.
(6) The Chief Minister shall be appointed by the President and the 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.
(7) The Council of Ministers shall be collectively responsible to the Legislative Assembly.
(8) Parliament may, by law, make provisions for giving effect to, or supplement the provisions contained in the foregoing clauses and for all matters incidental or consequential thereto.
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.
(0)(24D) Article 24D. Power of administrator to promulgate Ordinances during recess of Legislature
(1) If at any time, except when the Legislature of the Union territory 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, 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, 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 territory made after complying with the provisions in that behalf contained in law.
(0)(24E) Article 24E. 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;
(b) Lakshadweep;
(c) Dadra and Nagar Haveli;
(d) Daman and Diu;
(e) Pondicherry:
Provided further that when ever the body functioning as a Legislature for the Union territory 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:
Provided further that when ever the body functioning as a Legislature for the Union territory is dissolved, or the functioning of that body as such Legislature remains suspended on account of any action taken under any such law, 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 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.
(0)(24F) Article 24F. High Courts for Union territories
(1) Parliament may by law constitute a High Court for a Union territory or declare any court in any such territory to be a High Court for all or any of the purposes of this Constitution.
(2) 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.
(25) Local Self Governments- The Panchayats
(00)(25) Article 25: The Panchayats- Rural Local Self Governments
(0)(25B) Article 25B. 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 --- 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.
(0)(25C) Article 25C. 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.
(0)(25D) Article 25D. 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.
(0)(25E) Article 25E. 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:
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 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.
(0)(25F) Article 25F. Duration of Panchayats, etc.
(1) Every Panchayat, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer.
(2) No amendment of any law for the time being in force shall have the effect of causing dissolution of a Panchayat at any level, which is functioning immediately before such amendment, till the expiration of its duration specified in Clause (1).
(3) An election to constitute a Panchayat shall be completed -(a) before the expiry of its duration specified in clause (1);
(b) before the expiration of a period of six months from the date of its dissolution:
Provided that where the remainder of the period for which the dissolved Panchayat would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Panchayat.
(4) A Panchayat constituted upon the dissolution of a Panchayat before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Panchayat would have continued under Clause (1) had it not been so dissolved.
(0)(25G) Article 25G. Disqualifications for membership
(1) A person shall be disqualified for being chosen as, and for being, a member of a Panchayat -
(a) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State concerned:
Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years;
(b) if he is so disqualified by or under any law made by the Legislature of the State.
(2) If any question arises as to whether a member of a Panchayat has become subject to any of the disqualifications mentioned in Clause (1), the question shall be referred for the decision of such authority and in such manner as the Legislature of a State may, by law, provide.
(0)(25-H) Article 25-H. Powers, authority and responsibilities of Panchayats
Subject to the provisions of the Constitution, the Legislature of a State may, by law, endow the Panchayats with such powers and authority and may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Panchayats at the appropriate level; subject to such conditions as may be specified therein, with respect to -
(a) the preparation of plans for economic development and social justice;
(b) the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the Eleventh Schedule.
(0)(25I) Article 25I. Powers to impose taxes by, and Funds of, the Panchayats
The Legislature of a State may, by law, -
(a) authorize a Panchayat to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits;
(b) assign to a Panchayat such taxes, duties, tolls and fees levied and collected by the State Government for such purposes and subject to such conditions and limits;
(c) provide for making such grants-in-aid to the Panchayats from the Consolidated Fund of the State; and
(d) provide for constitution of such Funds for crediting all moneys received, respectively, by or on behalf of the Panchayats and also for the withdrawal of such moneys there from, as may be specified in the law.
(0)(25J) Article 25J. Constitution of Finance Commission to review financial position
(1) The Governor of a State shall, as soon as may be within one year from the commencement of the Constitution (Seventy-third Amendment) Act, 1992, and thereafter at the expiration of every fifth year, constitute a Finance Commission to review the financial position of the Panchayats and to make recommendations to the Governor as to -
(a) the principles which should govern -
(i) the distribution between the State and the Panchayats of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them under this Part and the allocation between the Panchayats at all levels of their respective shares of such proceeds;
(ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the Panchayats;
(iii) the grants-in-aid to the Panchayats from the Consolidated Fund of the State;
(b) the measures needed to improve the financial position of the Panchayats;
(c) any other matter referred to the Finance Commission by the Governor in the interests of sound finance of the Panchayats.
(2) The Legislature of a State may, by law, provide for the composition of the Commission, the qualifications which shall be requisite for appointment as members thereof and the manner in which they shall be selected.
(3) The Commission shall determine their procedure and shall have such powers in the performance of their functions as the Legislature of the State may, by law, confer on them.
(4) The Governor shall cause every recommendation made by the Commission under this article together with an explanatory memorandum as to the action taken thereon to be laid before the Legislature of the State.
(0)(25K) Article 25K. Audit of accounts of Panchayats
The Legislature of a State may, by law, make provisions with respect to the maintenance of accounts by the Panchayats and the auditing of such accounts.
(0)(25L) Article 25L. 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 grounds as a Judge of a High Court and the conditions of service of the State 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.
(0)(25M) Article 25M. Application to Union territories
The provisions of this Part shall apply to the Union territories and shall, in their application to a Union territory, have effect as if the references to the Governor of a State were references to the Administrator of the Union territory appointed under
(0)(25-N) Article 25-N. References to the Legislature
References to the Legislature or the Legislative Assembly of a State were references, in relation to a Union territory having a Legislative Assembly, to that Legislative Assembly:
Provided that the President may, by public notification direct that the provisions of this Part shall apply to any Union territory or part thereof subject to such exceptions and modifications as he may specify in the notification.
(26) Municipalities
(00)(26) Article 26 Municipalities- Urban Local Self Governments
(0)(26B) Article 26B. Definitions
In this Part, unless the context otherwise requires, -
(a) "Committee" means a Committee of the Municipality;
(b) "district" means a district in a State;
(c) "Metropolitan area" means an area having a population of ten lakhs or more, comprised in one or more districts and consisting of two or more Municipalities or Panchayats or other contiguous areas, specified by the Governor by public notification to be a Metropolitan area for the purposes of this Part;
(d) "Municipal area" means the territorial area of a Municipality as is notified by the Governor;
(e) "Municipality" means an institution of self-government constituted under Article 243Q;
(f) "Panchayat" means a Panchayat constituted under Article 243B;
(g) "population" means the population as ascertained at the last preceding census of which the relevant figures have been published.
(0)(26C) Article 26C. Constitution of Municipalities
(1) There shall be constituted in every State,
(a) a Nagar Panchayat (by whatever name called) for a transitional area, that is to say, an area in transition from a rural area to an urban area;
(b) a Municipal Council for a smaller urban area; and
(c) a Municipal Corporation for a larger urban area, in accordance with the provisions of this Part:
Provided that a Municipality under this clause may not be constituted in such urban area or part thereof as the Governor may, having regard to the size of the area and the municipal services being provided or proposed to be provided by an industrial establishment in that area and such other factors as he may deem fit by public notification, specify to be an industrial township.
(2) In this article, "a transitional area", "a smaller urban area" or "a larger urban area" means such area as the Governor may, having regard to the population of the area, the density of the population therein, the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as he may deem fit, specify by public notification for the purposes of this Part.
(0)(26D) Article 26D. Composition of Municipalities
(1) Save as provided in Clause (2), all the seats in a Municipality shall be filled by persons chosen by direct election from the territorial constituencies in the Municipal area and for this purpose each Municipal area shall be divided into territorial constituencies to be known as wards.
(2) The Legislature of a State may, by law, provide - (a) for the representation in a Municipality of -(i) persons having special knowledge or experience in Municipal administration;
(ii) 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 the Municipal are-a;
(iii) the members of the Council of States and the members of the Legislative Council of the State registered as electors within the Municipal area;
(iv) the Chairpersons of the Committees constituted under Clause (5) of Article 243S: Provided that the persons referred to in paragraph (i) shall not have the right to vote in the meeting of the Municipality; (b) the manner of election of the Chairperson of a Municipality.
(0)(26E) Article 26E. Constitution and composition of Wards Committees
(1) There shall be constituted Wards Committees, consisting of one or more Wards, within the territorial area of a Municipality having a population of 300,000 (three lakhs) or more.
(2) The Legislature of a State may, by law, make provision with respect to -
(a) the composition and the territorial area of a Wards Committee;
(b) the manner in which the seats in a Wards Committee shall be filled.
(3) A member of a Municipality representing a ward within the territorial area of the Wards Committee shall be a member of that Committee.
(4) Where a Wards Committee consists of - (a) one ward, the member representing that ward in the Municipality; or (b) two or more wards, one of the members representing such wards in the Municipality elected by the members of the Wards Committee, shall be the Chairperson of that Committee.
(5) Nothing in this article shall be deemed to prevent the Legislature of a State from making any provision for the Constitution of Committees in addition to the Wards Committees.
(0)(26F) Article 26F. Duration of Municipalities, etc.
(1) Every Municipality, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer:
Provided that a Municipality shall be given a reasonable Opportunity of being heard before its dissolution.
(2) No amendment of any law for the time being in force shall have the effect of causing dissolution of a Municipality at any level, which is functioning immediately before such amendment, till the expiration of its duration specified in Clause (1).
(3) An election to constitute a Municipality shall be completed, -(a) before the expiry of its duration specified in Clause (1);
(b) before the expiration of a period of six months from the date of its dissolution:
Provided that where the remainder of the period for which the dissolved Municipality would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Municipality for such period.
(4) A Municipality constituted upon the dissolution of a Municipality before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Municipality would have continued under Clause (1) had it not been so dissolved.
(0)(26G) Article 26G. Disqualifications for membership
(1) A person shall be disqualified for being chosen as and for being, a member of a Municipality -
(a) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State concerned: Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years; (b) if he is so disqualified by or under any law made by the Legislature of the State.
(2) If any question arises as to whether a member of a Municipality has become subject to any of the disqualifications mentioned in Clause (1), the question shall be referred for the decision of such authority and in such manner as the Legislature of a State may, by law, provide.
(0)(26H) Article 26H. Powers, authority and responsibilities of Municipalities
Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow -
(a) the Municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibility upon Municipalities, subject to such conditions as may be specified therein, with respect to -
(i) the preparation of plans for economic development and social justice;
(ii) the performance of functions and the implementation of schemes as may be entrusted to them including those in relation to the matters listed in the Twelfth Schedule;
(b) the Committees with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in the Twelfth Schedule.
(0)(26J) Article 26J. Power to impose taxes by, and Funds of, the Municipalities
The Legislature of a State may, by law, -
(a) authorize a Municipality to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits;
(b) assign to a Municipality such taxes, duties, tolls and fees levied and collected by the State Government for such purposes and subject to such conditions and limits;
(c) provide for making such grants-in-aid to the Municipalities from the Consolidated Fund of the State; and
(d) provide for constitution of such Funds for crediting all moneys received, respectively, by or on behalf of the Municipalities and also for the withdrawal of such moneys there from, as may be specified in law.
(0)(26K) Article 26K. Finance Commission
(1) The Finance Commission constituted under Article 243I shall also review the financial position of the Municipalities and make recommendation to the Governor as to - (a) the principles which should govern - (i) the distribution between the State and the Municipalities of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them under this Part and the allocation between the Municipalities at all levels of their respective shares of such proceeds;
(ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the Municipalities;
(iii) the grants-in-aid to the Municipalities from the Consolidated Fund of the State;
(b) the measures needed to improve the financial position of the Municipalities;
(c) any other matter referred to the Finance Commission by the Governor in the interests of sound finance of the Municipalities.
(2) The Governor shall cause every recommendation made by Commission under this article together with an explanatory memorandum as to the action taken thereon to be laid before the Legislature of the State.
(0)(26L) Article 26L. Audit of accounts of Municipalities
The Legislature of a State may, by law, make provisions with respect to the maintenance of accounts by the Municipalities and the auditing of such accounts.
(0)(26M) Article 26M. Elections to the Municipalities
(1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Municipalities shall be vested in the State Election Commission.
(2) Subject to the provisions of the 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 Municipalities.
(0)(26N) Article 26N. Application to Union territories
The provisions of this Part shall apply to the Union territories and shall, in their application to a Union territory, have effect as if the references to the Governor of a State were references to the Administrator of the Union territory appointed and references to the Legislature or the Legislative Assembly of a State were references in relation to a Union territory having a Legislative Assembly, to that Legislative Assembly: Provided that the President may, by public notification, direct that the provisions of this Part shall apply to any Union territory or part thereof subject to such exceptions and modifications as he may specify in the notification.
(0)(26P) Article 26P: Committee for District Planning
(0)(26P) Article 26P. District Planning Commitee
(1) There shall be constituted in every State at the district level a District Planning Committee to consolidate the plans prepared by the Panchayats and the Municipalities in the district and to prepare a draft development plan for the district as a whole.
(2) The Legislature of a State may, by law, make provision with respect to -(a) the composition of the District Planning Committees; (b) the manner in which the seats in such Committees shall be filled:
Provided that not less than four-fifths of the total number of members of such Committee shall be elected by, and from amongst, the elected members of the Panchayat at the district level and of the Municipalities in the district in proportion to the ratio between the population of the rural areas and of the urban areas in the district;
(c) the functions relating to district planning which may be assigned to such Committees;
(d) the manner in which the Chairpersons of such Committees shall be chosen.
(3) Every District Planning Committee shall, in preparing the draft development plan, -(a) have regard to-
(i) matters of common interest between the Panchayats and the Municipalities including spatial planning, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation;
(ii) the extent and type of available resources whether financial or otherwise;
(b) consult such institutions and Organizations as the Governor may, by order, specify.
(4) The Chairperson of every District Planning Committee shall forward the development plan, as recommended by such Committee, to the Government of the State.
(0)(26Q) Article 26Q. Committee for Metropolitan planning
(1) There shall be constituted in every Metropolitan area a Metropolitan Planning Committee to prepare a draft development plan for the Metropolitan area as a whole.
(2) The Legislature of a State may, by law, make provision with respect to -
(a) the composition of the Metropolitan Planning Committees;
(b) the manner in which the seats in such Committees shall be filled:
Provided that not less than two-thirds of the members of such Committee shall be elected by, and from amongst, the elected members of the Municipalities and Chairpersons of the Panchayats in the Metropolitan area in proportion to the ratio between the population of the Municipalities and of the Panchayats in that area;
(c) the representation in such Committees of the Government of India and the Government of the State and of such Organizations and institutions as may be deemed necessary for carrying out the functions assigned to such Committees;
(d) the functions relating to planning and coordination for the Metropolitan area which may be assigned to such Committees;
(e) the manner in which the Chairpersons of such Committees shall be chosen.
(3) Every Metropolitan Planning Committee shall, in preparing the draft development plan, - (a) have regard to -
(i) the plans prepared by the Municipalities and the Panchayats in the Metropolitan area;
(ii) matters of common interest between the Municipalities and the Panchayats, including co-ordinated spatial planning of the area, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation;
(iii) the overall objectives and priorities set by the Government of India and Government of the State;
(iv) the extent and nature of investments likely to be made in the Metropolitan area by agencies of the Government of India and of the Government of the State and other available resources whether financial or otherwise;
(b) consult such institutions and Organizations as the Governor may, by order, specify.
(4) The Chairperson of every Metropolitan Planning Committee shall forward the development plan, as recommended by such Committee, to the Government of the State.
(0)(26R) Article 26R. Continuance of existing laws and Municipalities
Notwithstanding anything in this Part, any provision of any law relating to Municipalities in force in a State immediately before the commencement of the Constitution (seventy-fourth Amendment) Act, 1992, which is inconsistent with the provisions of this Part, shall continue to be in force until amended or repealed by a competent Legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier:
Provided that all the Municipalities existing immediately before such commencement shall continue till the expiration of their duration, unless sooner dissolved by a resolution passed to that effect by the Legislative Assembly of that State or, in the case of a State having a Legislative Council, by each House of the Legislature of that State.
(0)(26S) Article 26S. Bar to interference by Courts in electoral matters
Notwithstanding anything in this Constitution, - no election to any Municipality shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State.
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