The States

• 152DefinitionIn this Part, unless the context otherwise requires, the expression “State” does not include the State of Jammu and Kashmir.
• 153Governors of StatesThere shall be a Governor for each State:   Provided that nothing in this article shall prevent the appointment of the same person as Governor for two or more States.
• 154Executive power of State(1) The executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Co
• 155Appointment of GovernorThe Governor of a State shall be appointed by the President by warrant under his hand and seal.
• 156Term of office of Governor(1) The Governor shall hold office during the pleasure of the President.   (2) The Governor may, by writing under his hand addressed to the President, resign his office.   (3)
• 157Qualifications for appointment as GovernorNo person shall be eligible for appointment as Governor unless he is a citizen of India and has completed the age of thirty-five years.
• 158Conditions of Governor's office(1) The Governor shall not be a member of either House of Parliament or of a House of the Legislature of any State specified in the First Schedule, and if a member of either House
• 159Oath or affirmation by the GovernorEvery Governor and every person discharging the functions of the Governor shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of the Hig
• 160Discharge of the functions of the Governor in certain contingenciesThe President may make such provision as he thinks fit for the discharge of the functions of the Governor of a State in any contingency not provided for in this Chapter.
• 161Power of Governor to grant pardons, etc, and to suspend, remit or commute sentences in certain casesThe Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted
• 162Extent of executive power of StateSubject to the provisions of this Constitution, the executive power of a State shall extend to the matters with respect to which the Legislature of the State has power to make laws
• 163Council of Ministers to aid and advise Governor(1) There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under
• 164Other provisions as to Ministers(1) The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall ho
• 165Advocate-General for the State(1) The Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate-General for the State.   (2) It shall be the duty of
• 166Conduct of business of the Government of a State(1) All executive action of the Government of a State shall be expressed to be taken in the name of the Governor.   (2) Orders and other instruments made and executed in the name
• 167Duties of Chief Minister as respects the furnishing of information to Governor, etcIt shall be the duty of the Chief Minister of each State —   (a) to communicate to the Governor of the State all decisions of the Council of Ministers relating to the administrat
• 168Constitution of Legislatures in States(1) For every State there shall be a Legislature which shall consist of the Governor, and —   (a) in the States of Andhra Pradesh, Bihar, Madhya Pradesh, Maharashtra, Karnataka,
• 169Abolition or creation of Legislative Councils in States(1) Notwithstanding anything in article 168, Parliament may by law provide for the abolition of the Legislative Council of a State having such a Council or for the creation of such
• 170Composition of the Legislative Assemblies(1) Subject to the provisions of article 333, the Legislative Assembly of each State shall consist of not more than five hundred, and not less than sixty, members chosen by direct
• 171Composition of the Legislative Councils(1) The total number of members in the Legislative Council of a State having such a Council shall not exceed one-third of the total number of members in the Legislative Assembly of
• 172Duration of State Legislatures(1) Every Legislative Assembly of every State, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer and the expiration
• 173Qualification for membership of the State LegislatureA person shall not be qualified to be chosen to fill a seat in the Legislature of a State unless he —   (a) is a citizen of India, and makes and subscribes before some person aut
• 174Sessions of the State Legislature, prorogation and dissolution(1) The Governor shall from time to time summon the House or each House of the Legislature of the State to meet at such time and place as he thinks fit, but six months shall not in
• 175Right of Governor to address and send messages to the House or Houses(1) The Governor may address the Legislative Assembly or, in the case of a State having a Legislative Council, either House of the Legislature of the State, or both Houses assemble
• 176Special address by the Governor(1) At the commencement of the first session after each general election to the Legislative Assembly and at the commencement of the first session of each year, the Governor shall a
• 177Rights of Ministers and Advocate General as respects the HousesEvery Minister and the Advocate-General for a State shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly of the State or, in
• 178The Speaker and Deputy Speaker of the Legislative AssemblyEvery Legislative Assembly of a State shall, as soon as may be, choose two members of the Assembly to be respectively Speaker and Deputy Speaker thereof and, so often as the office
• 179Vacation and resignation of, and removal from, the offices of Speaker and Deputy SpeakerA member holding office as Speaker or Deputy Speaker of an Assembly —   (a) shall vacate his office if he ceases to be a member of the Assembly;   (b) may at any time by writin
• 180Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker(1) While the office of Speaker is vacant, the duties of the office shall be performed by the Deputy Speaker or, if the office of Deputy Speaker is also vacant, by such member of t
• 181The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration(1) At any sitting of the Legislative Assembly, while any resolution for the removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for
• 182The Chairman and Deputy Chairman of the Legislative CouncilThe Legislative Council of every State having such Council shall, as soon as may be, choose two members of the Council to be respectively Chairman and Deputy Chairman thereof and,
• 183Vacation and resignation of, and removal from, the offices of Chairman and Deputy ChairmanA member holding office as Chairman or Deputy Chairman of a Legislative Council —   (a) shall vacate his office if he ceases to be a member of the Council;   (b) may at any tim
• 184Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman(1) While the office of Chairman is vacant, the duties of the office shall be performed by the Deputy Chairman or, if the office of Deputy Chairman is also vacant, by such member o
• 185The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration(1) At any sitting of the Legislative Council, while any resolution for the removal of the Chairman from his office is under consideration, the Chairman, or while any resolution fo
• 186Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy ChairmanThere shall be paid to the Speaker and the Deputy Speaker of the Legislative Assembly, and to the Chairman and the Deputy Chairman of the Legislative Council, such salaries and all
• 187Secretariat of State Legislature(1) The House or each House of the Legislature of a State shall have a separate secretarial staff: Provided that nothing in this clause shall, in the case of the Legislature of a S
• 188Oath or affirmation by membersEvery member of the Legislative Assembly or the Legislative Council of a State shall, before taking his seat, make and subscribe before the Governor, or some person appointed in th
• 189Voting in Houses, power of Houses to act notwithstanding vacancies and quorum(1) Save as otherwise provided in this Constitution, all questions at any sitting of a House of the Legislature of a State shall be determined by a majority of votes of the members
• 190Vacation of seats(1) No person shall be a member of both Houses of the Legislature of a State and provision shall be made by the Legislature of the State by law for the vacation by a person who is
• 191Disqualifications for membership(1) A person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly or Legislative Council of a State —   (a) if he holds any office of pr
• 192Decision on questions as to disqualifications of members(1) If any question arises as to whether a member of a House of the Legislature of a State has become subject to any of the disqualifications mentioned in clause (1) of article 191
• 193Penalty for sitting and voting before making oath or affirmation under article 188 or when not qualified or when disqualifiedIf a person sits or votes as a member of the Legislative Assembly or the Legislative Council of a State before he has complied with the requirements of article 188, or when he know
• 194Powers, privileges, etc, of the Houses of Legislatures and of the members and committees thereof(1) Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of the Legislature, there shall be freedom of speech in the Legisla
• 195Salaries and allowances of membersMembers of the Legislative Assembly and the Legislative Council of a State shall be entitled to receive such salaries and allowances as may from time to time be determined, by the
• 196Provisions as to introduction and passing of Bills(1) Subject to the provisions of articles 198 and 207 with respect to Money Bills and other financial Bills, a Bill may originate in either House of the Legislature of a State whic
• 197Restriction on powers of Legislative Council as to Bills other than Money Bills(1) If after a Bill has been passed by the Legislative Assembly of a State having a Legislative Council and transmitted to the Legislative Council —   (a) the Bill is rejected by
• 198Special procedure in respect of Money Bills(1) A Money Bill shall not be introduced in a Legislative Council.   (2) After a Money Bill has been passed by the Legislative Assembly of a State having a Legislative Council, i
• 199Definition of “Money Bills”(1) For the purposes of this Chapter, a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters, namely: —   (a) t
• 200Assent to BillsWhen a Bill has been passed by the Legislative Assembly of a State or, in the case of a State having a Legislative Council, has been passed by both Houses of the Legislature of the
• 201Bills reserved for considerationWhen a Bill is reserved by a Governor for the consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent therefrom:
• 202Annual financial statement(1) The Governor shall in respect of every financial year cause to be laid before the House or Houses of the Legislature of the State a statement of the estimated receipts and expe
• 203Procedure in Legislature with respect to estimates(1) So much of the estimates as relates to expenditure charged upon the Consolidated Fund of a State shall not be submitted to the vote of the Legislative Assembly, but nothing in
• 204Appropriation Bills(1) As soon as may be after the grants under article 203 have been made by the Assembly, there shall be introduced a Bill to provide for the appropriation out of the Consolidated F
• 205Supplementary, additional or excess grants(1) The Governor shall —   (a) if the amount authorised by any law made in accordance with the provisions of article 204 to be expended for a particular service for the current f
• 206Votes on account, votes of credit and exceptional grants(1) Notwithstanding anything in the foregoing provisions of this Chapter, the Legislative Assembly of a State shall have power —   (a) to make any grant in advance in respect of
• 207Special provisions as to financial Bills(1) A Bill or amendment making provision for any of the matters specified in sub-clauses (a) to (f) of clause (1) of article 199 shall not be introduced or moved except on the reco
• 208Rules of procedure(1) A House of the Legislature of a State may make rules for regulating, subject to the provisions of this Constitution, its procedure and the conduct of its business.   (2) Unti
• 209Regulation by law of procedure in the Legislature of the State in relation to financial businessThe Legislature of a State may, for the purpose of the timely completion of financial business, regulate by law the procedure of, and the conduct of business in, the House or House
• 210Language to be used in the Legislature(1) Notwithstanding anything in Part XVII, but subject to the provisions of article 348, business in the Legislature of a State shall be transacted in the official language or lang
• 211Restriction on discussion in the LegislatureNo discussion shall take place in the Legislature of a State with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties.
• 212Courts not to inquire into proceedings of the Legislature(1) The validity of any proceedings in the Legislature of a State shall not be called in question on the ground of any alleged irregularity of procedure.   (2) No officer or memb
• 213Power of Governor to promulgate Ordinances during recess of Legislature(1) If at any time, except when the Legislative Assembly of a State is in session, or where there is a Legislative Council in a State, except when both Houses of the Legislature ar
• 214High Courts for StatesThere shall be a High Court for each State.
• 215High Courts to be courts of recordEvery High Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.
• 216Constitution of High CourtsEvery High Court shall consist of a Chief Justice and such other Judges as the President may from time to time deem it necessary to appoint.
• 217Appointment and conditions of the office of a Judge of a High Court(1) Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State
• 218Application of certain provisions relating to Supreme Court to High CourtsThe provisions of clauses (4) and (5) of article 124 shall apply in relation to a High Court as they apply in relation to the Supreme Court with the substitution of references to t
• 219Oath or affirmation by Judges of High CourtsEvery person appointed to be a Judge of a High Court shall, before he enters upon his office, make and subscribe before the Governor of the State, or some person appointed in that
• 220Restriction on practice after being a permanent JudgeNo person who, after the commencement of this Constitution, has held office as a permanent Judge of a High Court shall plead or act in any court or before any authority in India ex
• 221Salaries, etc, of Judges(1) There shall be paid to the Judges of each High Court such salaries as may be determined by Parliament by law and, until provision in that behalf is so made, such salaries as ar
• 222Transfer of a Judge from one High Court to another(1) The President may, after consultation with the Chief Justice of India, transfer a Judge from one High Court to any other High Court.   (2) When a Judge has been or is so tran
• 223Appointment of acting Chief JusticeWhen the office of Chief Justice of a High Court is vacant or when any such Chief Justice is, by reason of absence or otherwise, unable to perform the duties of his office, the dut
• 224Appointment of additional and acting Judges(1) If by reason of any temporary increase in the business of a High Court or by reason of arrears of work therein, it appears to the President that the number of the Judges of tha
• 224AAppointment of retired Judges at sittings of High CourtsNotwithstanding anything in this Chapter, the Chief Justice of a High Court for any State may at any time, with the previous consent of the President, request any person who has he
• 225Jurisdiction of existing High CourtsSubject to the provisions of this Constitution and to the provisions of any law of the appropriate Legislature made by virtue of powers conferred on that Legislature by this Consti
• 226Power of High Courts to issue certain writs(1) Notwithstanding anything in article 32, every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or
• 227Power of superintendence over all courts by the High Court(1) Every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction.   (2) Without prejudice t
• 228Transfer of certain cases to High CourtIf the High Court is satisfied that a case pending in a court subordinate to it involves a substantial question of law as to the interpretation of this Constitution the determinati
• 229Officers and servants and the expenses of High Courts(1) Appointments of officers and servants of a High Court shall be made by the Chief Justice of the Court or such other Judge or officer of the Court as he may direct:      Provi
• 230Extension of jurisdiction of High Courts to Union territories(1) Parliament may by law extend the jurisdiction of a High Court to, or exclude the jurisdiction of a High Court from, any Union territory.   (2) Where the High Court of a State
• 231Establishment of a common High Court for two or more States(1) Notwithstanding anything contained in the preceding provisions of this Chapter, Parliament may by law establish a common High Court for two or more States or for two or more St
• 233Appointment of district judges(1) Appointments of persons to be, and the posting and promotion of, district judges in any State shall be made by the Governor of the State in consultation with the High Court exe
• 233AValidation of appointments of, and judgments, etc, delivered by, certain district judgesNotwithstanding any judgment, decree or order of any court, —   (a) (i) no appointment of any person already in the judicial service of a State or of any person who has been for
• 234Recruitment of persons other than district judges to the judicial serviceAppointments of persons other than district judges to the judicial service of a State shall be made by the Governor of the State in accordance with rules made by him in that behalf
• 235Control over subordinate courtsThe control over district courts and courts subordinate thereto including the posting and promotion of, and the grant of leave to, persons belonging to the judicial service of a St
• 236InterpretationIn this Chapter —   (a) the expression "district judge" includes judge of a city civil court, additional district judge, joint district judge, assistant district judge, chief jud
• 237Application of the provisions of this Chapter to certain class or classes of magistratesThe Governor may by public notification direct that the foregoing provisions of this Chapter and any rules made thereunder shall with effect from such date as may be fixed by him i