COI Article 395 — Repeals

Official text

The Indian Independence Act, 1947, and the Government of India Act, 1935, together with all enactments amending or supplementing the latter Act, but not including the Abolition of Privy Council Jurisdiction Act, 1949, are hereby repealed. 2. Art 394A, Ins. by s. 3, ibid. (w.e.f. 9-12-1987). [FIRST SCHEDULE [Articles 1 and 4] I. THE STATES Name Andhra Pradesh [The territories specified in sub-section (1) of section 3 of the Andhra State Act, 1953, sub-section (1) of section 3 of the States Reorganisation Act, 1956, the First Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959, and the Schedule to the Andhra Pradesh and Mysore (Transfer of Territory) Act, 1968, but excluding the territories specified in the Second Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959] 3[and the territories specified in section 3 of the Andhra Pradesh Reorganisation Act, 2014]. The territories which immediately before the commencement of this Constitution were comprised in the Province of Assam, the Khasi States and the Assam Tribal Areas, but excluding the territories specified in the Schedule to the Assam (Alteration of Boundaries) Act, 1951 4[and the territories specified in sub-section (1) of section 3 of the State of Nagaland Act, 1962] 5[and the territories specified in sections 5, 6 and 7 of the North-Eastern Areas (Reorganisation) Act, 1971] 6[and the territories referred to in Part I of the Second Schedule to the Constitution (One Hundredth Amendment) Act, 2015, notwithstanding anything contained in clause (a) of section 3 of the Constitution (Ninth Amendment) Act, 1960, so far as it relates to the territories referred to in Part I of the Second Schedule to the Constitution (One Hundredth Amendment) Act, 2015.] 2. Assam 1. Territories for the former entry (w.e.f. 1-10-1968). the text of the Act, see Appendix I. THE CONSTITUTION OF INDIA (First Schedule) Name [The territories which immediately before the commencement of this Constitution were either comprised in the Province of Bihar or were being administered as if they formed part of that Province and the territories specified in clause (a) of sub-section (1) of section 3 of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968, but excluding the territories specified in sub-section (1) of section 3 of the Bihar and West Bengal (Transfer of Territories) Act, 1956, and the territories specified in clause (b) of sub-section (1) of section 3 of the first mentioned Act 2[and the territories specified in section 3 of the Bihar Reorganisation Act, 2000].] The territories referred to in sub-section (1) of section 3 of the Bombay Reorganisation Act, 1960.] The territories specified in sub-section (1) of section 5 of the States Reorganisation Act, 1956. The territories specified in sub-section (1) of section 9 of the States Reorganisation Act, 1956 5[and the First Schedule to the Rajasthan and Madhya Pradesh (Transfer of Territories) Act, 1959], 6[but excluding the territories specified in section 3 of the Madhya Pradesh Reorganisation Act, 2000]. 3. Bihar Territories 4. Gujarat 5. 4[Keralam] 6. Madhya Pradesh (24 of 1968), s. 4, for the former entry (w.e.f. 10-6-1970). (w.e.f. 25-8-2026). (47 of 1959), s. 4 (w.e.f. 1-10-1959). (w.e.f. 1-11-2000). THE CONSTITUTION OF INDIA (First Schedule) Name Tamil The territories which immediately before the commencement of this Constitution were either comprised in the Province of Madras or were being administered as if they formed part of that Province and the territories specified in section 4 of the States Reorganisation Act, 1956, 2[and the Second Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959], but excluding the territories specified in sub-section (1) of section 3 and sub-section (1) of section 4 of the Andhra State Act, 1953 and 3[the territories specified in clause (b) of sub-section
(1) of section 5, section 6 and clause (d) of sub-section
(1) of section 7 of the States Reorganisation Act, 1956 and the territories specified in the First Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959.] The territories specified in sub-section (1) of section 8 of the States Reorganisation Act, 1956, but excluding the territories referred to in sub-section (1) of section 3 of the Bombay Reorganisation Act, 1960.] The territories specified in sub-section (1) of section 7 of the States Reorganisation Act, 1956 7[but excluding the territory specified in the Schedule to the Andhra Pradesh and Mysore (Transfer of Territory) Act, 1968.] Nadu] 7. Territories 8. Maharashtra 6[9.] Karnataka] for "7. Madras" (w.e.f. 14-1-1969). (56 of 1959), s. 6 (w.e.f. 1-4-1960). "9. Mysore" (w.e.f. 1-11-1973). 6. Entries 8 to 14 renumbered as entries 9 to 15 by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 4 (w.e.f. 1-5-1960). 1968), s. 4 (w.e.f. 1-10-1968). THE CONSTITUTION OF INDIA (First Schedule) Name Territories The territories which immediately before the commencement of this Constitution were either comprised in the Province of Orissa or were being administered as if they formed part of that Province. 10.] 11.] Punjab The territories specified in section 11 of the States Reorganisation Act, 1956 3[and the territories referred to in Part II of the First Schedule to the Acquired Territories (Merger) Act, 1960] 4[but excluding the territories referred to in Part II of the First Schedule to the Constitution (Ninth Amendment) Act, 1960] 5[and the territories specified in sub-section (1) of section 3, section 4 and sub-section (1) of section 5 of the Punjab Reorganisation Act, 1966.] [Odisha] 12.] Rajasthan The territories specified in section 10 of the States Reorganisation Act, 1956 6[but excluding the territories specified in the First Schedule to the Rajasthan and Madhya Pradesh (Transfer of Territories) Act, 1959]. 1. Entries 8 to 14 renumbered as entries 9 to 15 by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 4 (w.e.f. 1-5-1960). (w.e.f. 1-11-2011). (w.e.f. 17-1-1961). (47 of 1959), s. 4 (w.e.f. 1-10-1959). THE CONSTITUTION OF INDIA (First Schedule) Name [The territories which immediately before the commencement of this Constitution were either comprised in the Province known as the United Provinces or were being administered as if they formed part of that Province, the territories specified in clause (b) of sub-section (1) of section 3 of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968, and the territories specified in clause (b) of sub-section (1) of section 4 of the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979, but excluding the territories specified in clause (a) of subsection (1) of section 3 of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968, 3[and the territories specified in section 3 of the Uttar Pradesh Reorganisation Act, 2000] and the territories specified in clause (a) of subsection (1) of section 4 of the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979.] The territories which immediately before the commencement of this Constitution were either comprised in the Province of West Bengal or were being administered as if they formed part of that Province and the territory of Chandernagore as defined in clause (c) of section 2 of the Chandernagore (Merger) Act, 1954 and also the territories specified in sub-section (1) of section 3 of the Bihar and West Bengal (Transfer of Territories) Act, 1956 [and also the territories referred to in Part III of the First Schedule but excluding the territories referred to in Part III of the Second Schedule to the Constitution (One Hundredth Amendment) Act, 2015, notwithstanding anything contained in clause (c) of section 3 of the Constitution (Ninth Amendment) Act, 1960, so far as it relates to the territories referred to in Part III of the First Schedule and the territories referred to in Part III of the Second Schedule to the Constitution (One Hundredth Amendment) Act, 2015.] 14.] West Bengal 13.] Uttar Pradesh Territories 1. Entries 8 to 14 renumbered as entries 9 to 15 by the the Bombay Reorganisation Act, 1960 (11 of 1960), s. 4 (w.e.f. 1-5-1960). 1979), s. 5, for the entry against "13. Uttar Pradesh" (w.e.f. 15-9-1983). (w.e.f. 31-7-2015). For the text of the Act, see Appendix I. THE CONSTITUTION OF INDIA (First Schedule) Name 1 2 [ [** [ [15.] Nagaland 3 5 [ [16.] Haryana * * *]] The territories specified in sub-section (1) of section 3 of the State of Nagaland Act, 1962.] [The territories specified in sub-section (1) of section 3 of the Punjab Reorganisation Act, 1966 and the territories specified in clause (a) of sub-section (1) of section 4 of the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979, but excluding the territories specified in clause (v) of sub-section (1) of section 4 of that Act.]] The territories which immediately before the commencement of this Constitution were being administered as if they were Chief Commissioners’ Provinces under the names of Himachal Pradesh and Bilaspur and the territories specified in sub-section (1) of section 5 of the Punjab Reorganisation Act, 1966.] The territory which immediately before the commencement of this Constitution was being administered as if it were a Chief Commissioner’s Province under the name of Manipur.] [ [17.] Himachal Pradesh 3 7 3 4 Territories 3 8 [ [18.] Manipur 1. **Entry 15 relating to Jammu and Kashmir deleted by the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019), s. 6 (w.e.f. 31-10-2019). 2. Entries 8 to 14 renumbered as 9 to 15 by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 4 (w.e.f. 1-5-1960). 3. Entries 16 to 29 renumbered as entries 15 to 28 by the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019), s. 6 (w.e.f. 31-10-2019). 4 Ins. by the State of Nagaland Act, 1962 (27 of 1962), s. 4 (w.e.f. 1-12-1963). and the entry therein subsequently amended by the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979 (31 of 1979), s. 5 (w.e.f. 15-9-1983). (31 of 1979), s. 5, for the entry against "17. Haryana" (w.e.f. 15-9-1983). (w.e.f. 21-1-1972). THE CONSTITUTION OF INDIA (First Schedule) Name Territories 19.] Tripura The territory which immediately before the commencement of this Constitution was being administered as if it were a Chief Commissioner’s Province under the name of Tripura 2[and the territories referred to in Part II of the First Schedule to the Constitution (One Hundredth Amendment) Act, 2015, notwithstanding anything contained in clause (d) of section 3 of the Constitution (Ninth Amendment) Act, 1960, so far as it relates to the territories referred to in Part II of the First Schedule to the Constitution (One Hundredth Amendment) Act, 2015.] 20.] Meghalaya The territories specified in section 5 of the North-Eastern Areas (Reorganisation) Act, 1971] 2[and the territories referred to in Part I of the First Schedule but excluding the territories referred to in Part II of the Second Schedule to the Constitution (One Hundredth Amendment) Act, 2015.] 1 3 The territories which immediately before the commencement of the Constitution (Thirty-sixth Amendment) Act, 1975, were comprised in Sikkim.] 1 4 [ [22.] Mizoram The territories specified in section 6 of the North-Eastern Areas (Reorganisation) Act, 1971.] 1 5 The territories specified in section 7 of the North-Eastern Areas (Reorganisation) Act, 1971.] [ [21.] Sikkim [ [23.] Arunachal Pradesh 1 6 [ [24.] Goa The territories specified in section 3 of the Goa, Daman and Diu Reorganisation Act, 1987.] 1. Entries 16 to 29 renumbered as entries 15 to 28 by the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019), s. 6 (w.e.f. 31-10-2019). (w.e.f. 31-7-2015). For the text of the Act, see Appendix I. (w.e.f. 30-5-1987). THE CONSTITUTION OF INDIA (First Schedule) Name 2[25.] Chhattisgarh 3[26.] 4[Uttarakhand] 5[27.] Jharkhand The territories specified in section 3 of the Madhya Pradesh Reorganisation Act, 2000.] The territories specified in section 3 of the Uttar Pradesh Reorganisation Act, 2000.] The territories specified in section 3 of the Bihar Reorganisation Act, 2000.] The territories specified in section 3 of the Andhra Pradesh Reorganisation Act, 2014.] 6[28.] Telangana Territories Name II. THE UNION TERRITORIES Extent The territory which immediately before the commencement of this Constitution was comprised in the Chief Commissioner’s Province of Delhi. [* * * * *] 2.] The Andaman The territory which immediately before the and Nicobar commencement of this Constitution was comprised in the Chief Commissioner’s Province of the Islands Andaman and Nicobar Islands. 1. Delhi 1. Entries 16 to 29 renumbered as entries 15 to 28 by the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019), s. 6 (w.e.f. 31-10-2019). s. 5 (w.e.f. 1-11-2000). word "Uttaranchal" (w.e.f. 1-1-2007). 7. Entry 2 relating to "Himachal Pradesh" omitted and entries 3 to 10 renumbered as entries 2 to 9 respectively by the State of Himachal Pradesh Act, 1970 (53 of 1970), s. 4 (w.e.f. 25-1-1971) and subsequently entries relating to Manipur and Tripura (i.e. entries 2 and 3) omitted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971) s. 9 (w.e.f. 21-1-1972). 8. Entries 4 to 9 renumbered as entries 2 to 7 by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 9 (w.e.f. 21-1-1972). THE CONSTITUTION OF INDIA (First Schedule) Name Territories 3.] 2[Lakshadweep] The territory specified in section 6 of the States Reorganisation Act, 1956. 1[4.] Dadra and The territory which immediately before the eleventh day of August, 1961 was comprised in Free Dadra and Nagar Haveli and the territories specified in section 4 of the Goa, Daman and Diu Reorganisation Act, 1987.] 4 1 [ [*]3[ * Nagar Haveli and Daman and Diu * *] 5 1 * [ [6.] 6[Puducherry] The territories which immediately before the sixteenth day of August, 1962, were comprised in the French Establishments in India known as Pondicherry, Karikal, Mahe and Yanam.] 7 1 [ [7.] Chandigarh The territories specified in section 4 of the Punjab Reorganisation Act, 1966.] 1. Entries 4 to 9 renumbered as entries 2 to 7 (respectively) by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 9 (w.e.f. 21-1-1972). 1973 (34 of 1973), s. 5, for "The Laccadive, Minicoy and Amindivi Islands" (w.e.f. 1-11-1973). 3. Entry 4 relating to Dadra and Nagar Haveli was ins. by the Constitution (Tenth Amendment) Act, 1961, s.2 (w.e.f. 11-8-1961). And subsequently subs. by the Dadra and Nagar Haveli Daman and Diu (Merger of Union territories) Act, 2019 (44 of 2019), s. 5 for entries 4 and 5 (w.e.f. 19-12-2019). entry 5 (w.e.f. 30-5-1987). effect). "Pondicherry" (w.e.f. 1-10-2006). THE CONSTITUTION OF INDIA (First Schedule) Name [* [* * * * * * * *] *] The territories specified in section 4 of the Jammu and Kashmir Reorganisation Act, 2019. The territories specified in section 3 of the Jammu and Kashmir Reorganisation Act, 2019.] 8. Jammu and Kashmir 9. Ladakh Territories 1. Entry 8 relating to Mizoram omitted and entry 9 relating to Arunachal Pradesh renumbered as entry 8 by the State of Mizoram Act, 1986 (34 of 1986), s. 4 (w.e.f. 20-2-1987) and entry 8 relating to Arunachal Pradesh omitted by the State of Arunachal Pradesh Act, 1986 (69 of 1986) s. 4 (w.e.f. 15-4-1987). s. 6 (w.e.f. 31-10-2019). SECOND SCHEDULE [Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164 (5), 186 and 221] PART A PROVISIONS AS TO THE PRESIDENT AND THE GOVERNORS OF STATES 1*** 1. There shall be paid to the President and to the Governors of the States *** the following emoluments per mensem, that is to say:— The President …… 10,000 rupees. The Governor of a State …… 5,500 rupees. 2. There shall also be paid to the President and to the Governors of the States 2*** such allowances as were payable respectively to the GovernorGeneral of the Dominion of India and to the Governors of the corresponding Provinces immediately before the commencement of this Constitution. 3. The President and the Governors of 3[the States] throughout their respective terms of office shall be entitled to the same privileges to which the GovernorGeneral and the Governors of the corresponding Provinces were respectively entitled immediately before the commencement of this Constitution. 4. While the Vice-President or any other person is discharging the functions of, or is acting as, President, or any person is discharging the functions of the Governor, he shall be entitled to the same emoluments, allowances and privileges as the President or the Governor whose functions he discharges or for whom he acts, as the case may be. * * * * * Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).  Now five lakh rupees, vide the Finance Act, 2018 (13 of 2018), s. 137. (w.e.f. 1-1-2016).  Now three lakh fifty thousand rupees, by s. 161, ibid., (w.e.f. 1-1-2016). 1956, s. 29 and Sch. (w.e.f. 1-11-1956). 4. Part B omitted by s. 29 and Sch., ibid. (w.e.f. 1-11-1956). THE CONSTITUTION OF INDIA (Second Schedule) PROVISIONS AS TO THE SPEAKER AND THE DEPUTY SPEAKER OF THE HOUSE OF THE PEOPLE AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN OF THE COUNCIL OF STATES AND THE SPEAKER AND THE DEPUTY SPEAKER OF THE LEGISLATIVE ASSEMBLY 1*** AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN OF THE LEGISLATIVE COUNCIL OF 2[A STATE] 7. There shall be paid to the Speaker of the House of the People and the Chairman of the Council of States such salaries and allowances as were payable to the Speaker of the Constituent Assembly of the Dominion of India immediately before the commencement of this Constitution, and there shall be paid to the Deputy Speaker of the House of the People and to the Deputy Chairman of the Council of States such salaries and allowances as were payable to the Deputy Speaker of the Constituent Assembly of the Dominion of India immediately before such commencement. 8. There shall be paid to the Speaker and the Deputy Speaker of the Legislative Assembly 3*** and to the Chairman and the Deputy Chairman of the Legislative Council of 4[a State] such salaries and allowances as were payable respectively to the Speaker and the Deputy Speaker of the Legislative Assembly and the President and the Deputy President of the Legislative Council of the corresponding Province immediately before the commencement of this Constitution and, where the corresponding Province had no Legislative Council immediately before such commencement, there shall be paid to the Chairman and the Deputy Chairman of the Legislative Council of the State such salaries and allowances as the Governor of the State may determine. omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956). s. 29 and Sch., ibid. (w.e.f. 1-11-1956). THE CONSTITUTION OF INDIA (Second Schedule) PART D PROVISIONS AS TO THE JUDGES OF THE SUPREME COURT AND OF THE HIGH COURTS 1*** 9. [(1) There shall be paid to the Judges of the Supreme Court, in respect of time spent on actual service, salary at the following rates per mensem, that is to say:— The Chief Justice .. 10,000 rupees.]. Any other Judge .. 9,000 rupees.].
Provided that if a Judge of the Supreme Court at the time of his appointment is in receipt of a pension (other than a disability or wound pension) in respect of any previous service under the Government of India or any of its predecessor Governments or under the Government of a State or any of its predecessor Governments, his salary in respect of service in the Supreme Court 4[shall be reduced—
(a) by the amount of that pension; and
(b) if he has, before such appointment, received in lieu of a portion of the pension due to him in respect of such previous service the commuted value thereof, by the amount of that portion of the pension; and
(c) if he has, before such appointment, received a retirement gratuity in respect of such previous service, by the pension equivalent of that gratuity.]
(2) Every Judge of the Supreme Court shall be entitled without payment of rent to the use of an official residence.
(3) Nothing in sub-paragraph (2) of this paragraph shall apply to a Judge who, immediately before the commencement of this Constitution,— by the Constitution (Seventh Amendment) Act, 1956, s. 25(a) (w.e.f. 1-11-1956). to 10,000 rupees" (w.e.f. 1-4-1986).  Now two lakh eighty thousand rupees, vide the High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2018 (10 of 2018), s. 6 (w.e.f. 1-1-2016). (w.e.f. 1-4-1986).  Now two lakh fifty thousand rupees, vide the High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2018 (10 of 2018), s. 6 (w.e.f. 1-1-2016). reduced by the amount of that pension" (w.e.f. 1-11-1956). THE CONSTITUTION OF INDIA (Second Schedule)
(a) was holding office as the Chief Justice of the Federal Court and has become on such commencement the Chief Justice of the Supreme Court under clause (1) of article 374; or
(b) was holding office as any other Judge of the Federal Court and has on such commencement become a Judge (other than the Chief Justice) of the Supreme Court under the said clause, during the period he holds office as such Chief Justice or other Judge, and every Judge who so becomes the Chief Justice or other Judge of the Supreme Court shall, in respect of time spent on actual service as such Chief Justice or other Judge, as the case may be, be entitled to receive in addition to the salary specified in sub-paragraph (1) of this paragraph as special pay an amount equivalent to the difference between the salary so specified and the salary which he was drawing immediately before such commencement.
(4) Every Judge of the Supreme Court shall receive such reasonable allowances to reimburse him for expenses incurred in travelling on duty within the territory of India and shall be afforded such reasonable facilities in connection with travelling as the President may from time to time prescribe.
(5) The rights in respect of leave of absence (including leave allowances) and pension of the Judges of the Supreme Court shall be governed by the provisions which, immediately before the commencement of this Constitution, were applicable to the Judges of the Federal Court. 10. (1) 1[There shall be paid to the Judges of High Courts, in respect of time spent on actual service, salary at the following rates per mensem, that is to say,— The Chief Justice .. 9,000 rupees] Any other Judge .. 8,000 rupees]: sub-paragraph (1) (w.e.f. 1-11-1956). (w.e.f. 1-4-1986).  Now two lakh fifty thousand rupees, vide the High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2018 (10 of 2018), s. 2 (w.e.f. 1-1-2016). (w.e.f. 1-4-1986).  Now two lakh twenty-five thousand rupees, vide the High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2018 (10 of 2018), s. 2 (w.e.f. 1-1-2016). THE CONSTITUTION OF INDIA (Second Schedule)
Provided that if a Judge of a High Court at the time of his appointment is in receipt of a pension (other than a disability or wound pension) in respect of any previous service under the Government of India or any of its predecessor Governments or under the Government of a State or any of its predecessor Governments, his salary in respect of service in the High Court shall be reduced—
(a) by the amount of that pension; and
(b) if he has, before such appointment, received in lieu of a portion of the pension due to him in respect of such previous service the commuted value thereof, by the amount of that portion of the pension; and
(c) if he has, before such appointment, received a retirement gratuity in respect of such previous service, by the pension equivalent of that gratuity.]
(2) Every person who immediately before the commencement of this Constitution—
(a) was holding office as the Chief Justice of a High Court in any Province and has on such commencement become the Chief Justice of the High Court in the corresponding State under clause (1) of article 376; or
(b) was holding office as any other Judge of a High Court in any Province and has on such commencement become a Judge (other than the Chief Justice) of the High Court in the corresponding State under the said clause, shall, if he was immediately before such commencement drawing a salary at a rate higher than that specified in sub-paragraph (1) of this paragraph, be entitled to receive in respect of time spent on actual service as such Chief Justice or other Judge, as the case may be, in addition to the salary specified in the said sub-paragraph as special pay an amount equivalent to the difference between the salary so specified and the salary which he was drawing immediately before such commencement. [(3) Any person who, immediately before the commencement of the Constitution (Seventh Amendment) Act, 1956, was holding office as the Chief Justice of the High Court of a State specified in Part B of the First Schedule and has on such commencement become the Chief Justice of the High Court of a State specified in the said Schedule as amended by the said Act, shall, if he was immediately before such commencement drawing any amount as allowance in addition to his salary, be entitled to receive in respect of time spent on actual service as such Chief Justice, the same amount as allowance in addition to the salary specified in sub-paragraph (1) of this paragraph.]. sub-paragraphs (3) and (4) (w.e.f. 1-11-1956). THE CONSTITUTION OF INDIA (Second Schedule) 11. In this Part, unless the context otherwise requires,—
(a) the expression “Chief Justice” includes an acting Chief Justice, and a “Judge” includes an ad hoc Judge;
(b) “actual service” includes—
(i) time spent by a Judge on duty as a Judge or in the performance of such other functions as he may at the request of the President undertake to discharge;
(ii) vacations, excluding any time during which the Judge is absent on leave; and
(iii) joining time on transfer from a High Court to the Supreme Court or from one High Court to another. PART E PROVISIONS AS TO THE COMPTROLLER AND AUDITOR-GENERAL OF INDIA 12. (1) There shall be paid to the Comptroller and Auditor-General of India a salary at the rate of *four thousand rupees per mensem.
(2) The person who was holding office immediately before the commencement of this Constitution as Auditor-General of India and has become on such commencement the Comptroller and Auditor-General of India under article 377 shall in addition to the salary specified in sub-paragraph (1) of this paragraph be entitled to receive as special pay an amount equivalent to the difference between the salary so specified and the salary which he was drawing as Auditor-General of India immediately before such commencement.
(3) The rights in respect of leave of absence and pension and the other conditions of service of the Comptroller and Auditor-General of India shall be governed or shall continue to be governed, as the case may be, by the provisions which were applicable to the Auditor-General of India immediately before the commencement of this Constitution and all references in those provisions to the Governor-General shall be construed as references to the President. * The Comptroller and Auditor-General of India shall be paid a salary equal to the salary of the Judges of the Supreme Court vide s. 3 of the Comptroller and Auditor-General (Duties, Powers and Conditions of Service) Act, 1971 (56 of 1971) . The salary of Judges of the Supreme Court has been raised to two lakh fifty thousand rupees per mensem by the High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2018 (10 of 2018), s. 6 (w.e.f. 1-1-2016). THIRD SCHEDULE [Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219] Forms of Oaths or Affirmations Form of oath of office for a Minister for the Union:— “I, A. B., do swear in the name of God that I will bear true faith solemnly affirm and allegiance to the Constitution of India as by law established, 1[that I will uphold the sovereignty and integrity of India,] that I will faithfully and conscientiously discharge my duties as a Minister for the Union and that I will do right to all manner of people in accordance with the Constitution and the law, without fear or favour, affection or ill-will.” II Form of oath of secrecy for a Minister for the Union:— “I, A.B., do swear in the name of God that I will not directly or solemnly affirm indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as a Minister for the Union except as may be required for the due discharge of my duties as such Minister.” [III A Form of oath or affirmation to be made by a candidate for election to Parliament:—  See also arts. 84 (a) and 173 (a). THE CONSTITUTION OF INDIA (Third Schedule) “I, A.B., having been nominated as a candidate to fill a seat in the Council of States (or the House of the People) do swear in the name of God solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will uphold the sovereignty and integrity of India.” B Form of oath or affirmation to be made by a member of Parliament:— “I, A.B., having been elected (or nominated) a member of the Council of States (or the House of the People) do swear in the name of God solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India and that I will faithfully discharge the duty upon which I am about to enter.”] IV Form of oath or affirmation to be made by the Judges of the Supreme Court and the Comptroller and Auditor-General of India:— “I, A.B., having been appointed Chief Justice (or a Judge) of the Supreme Court of India (or Comptroller and Auditor-General of India) do swear in the name of God that I will bear true faith and solemnly affirm faith and allegiance to the Constitution of India as by law established, [that I will uphold the sovereignty and integrity of India,] that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws.” THE CONSTITUTION OF INDIA (Third Schedule) V Form of oath of office for a Minister for a State:— “I, A.B., do swear in the name of God that I will bear true faith solemnly affirm and allegiance to the Constitution of India as by law established, 1[that I will uphold the sovereignty and integrity of India,] that I will faithfully and conscientiously discharge my duties as a Minister for the State of ..........and that I will do right to all manner of people in accordance with the Constitution and the law without fear or favour, affection or ill-will.” VI Form of oath of secrecy for a Minister for a State:— “I, A.B., do swear in the name of God that I will not directly or solemnly affirm indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as a Minister for the State of..................... except as may be required for the due discharge of my duties as such Minister.” [VII A Form of oath or affirmation to be made by a candidate for election to the Legislature of a State:— “I, A.B., having been nominated as a candidate to fill a seat in the Legislative Assembly (or Legislative Council), do swear in the name of God that I will bear true faith and solemnly affirm allegiance to the Constitution of India as by law established and that I will uphold the sovereignty and integrity of India.” THE CONSTITUTION OF INDIA (Third Schedule) B Form of oath or affirmation to be made by a member of the Legislature of a State:— “I, A.B., having been elected (or nominated) a member of the Legislative Assembly (or Legislative Council), do swear in the name of God that solemnly affirm I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India and that I will faithfully discharge the duty upon which I am about to enter.”] VIII Form of oath or affirmation to be made by the Judges of a High Court:— “I, A.B., having been appointed Chief Justice (or a Judge) of the High Court at (or of) ……….….. do swear in the name of God that I will bear solemnly affirm true faith and allegiance to the Constitution of India as by law established, 1[that I will uphold the sovereignty and integrity of India,] that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws.” [FOURTH SCHEDULE [Articles 4(1) and 80(2)] Allocation of seats in the Council of States To each State or Union territory specified in the first column of the following table, there shall be allotted the number of seats specified in the second column thereof opposite to that State or that Union territory, as the case may be: TABLE 1. Andhra Pradesh ........................................................... 2[11] 2. Telangana .......................................................... 7] 3.] Assam ................................................................ 4.] Bihar ............................................................................ 5[16] 6 4 [ [5.] Jharkhand ........................................................... 6] 7 8 4 [ [ [6.] Goa .................................................................... 1]] 9 8 4 [ [ [7.] Gujarat ............................................................... 11]] 10 8 4 [ [ [8.] Haryana ............................................................. 5]] 8 4 [ [9.] [Keralam] ................................................................ 1. Fourth Schedule Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 3(2), for ‘Fourth Schedule’ (w.e.f. 1-11-1956). 4. Entries 2 to 30 renumbered as entries 3 to 31 respectively by s. 12, ibid. (w.e.f. 2-6-2014). 7. Entries 4 to 26 renumbered as entries 5 to 27 respectively and entry “4 Goa….1” ins. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 6(a) and (b) (w.e.f. 30-51987). 8. Entries 4 to 29 renumbered as entries 5 to 30 by the Bihar Reorganisation Act, 2000 (30 of 2000), s. 7 (w.e.f. 15-11-2000). [ [10.]] 4 1 2 [ [ [11.] 5 1 2 [ [ [12.] 7 1 2 [ [ [13.] 8 1 2 [ [ [14.] 1 2 [ [15.] 1 2 [ [16.] 1 2 [ [17.] 1 2 [ [18.] 12 1 2 [ [ [19.] 1 2 [ [20.] 14 1 2 [ [ [** 16[1[2[21.] (Fourth Schedule) Madhya Pradesh ................................................. Chhattisgarh ....................................................... Tamil Nadu ........................................................ Maharashtra ....................................................... Karnataka ........................................................... [Odisha] ............................................................ Punjab ................................................................ Rajasthan ........................................................... Uttar Pradesh ...................................................... [Uttarakhand] ................................................... West Bengal ....................................................... * * *..................................................... Nagaland ............................................................ 1 2 THE CONSTITUTION OF INDIA 11] 5]] 18]] 19]] 12]] 10] 7] 10] 31] 3]] 16] *] 1]] 1. Entries 4 to 29 renumbered as entries 5 to 30 by the Bihar Reorganisation Act, 2000 (30 of 2000), s. 7 (w.e.f. 15-11-2000). 2. Entries 2 to 30 renumbered as entries 3 to 31 respectively by the Andhra Pradesh Reorganisation Act, 2014, s. 12 (w.e.f. 2-6-2014). (w.e.f. 1-11-2000). Madras" (renumbered as *11) (w.e.f. 14-1-1969). (56 of 1959), s. 8, for "17" (w.e.f. 1-4-1960). Mysore" (w.e.f. 1-11-1973). (w.e.f. 1-11-2011). (w.e.f. 1-11-1966). (w.e.f. 9-11-2000). "Uttaranchal" (w.e.f. 1-1-2007). 14. ** Entry 21 relating to Jammu and Kashmir deleted by the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019), s. 8 (w.e.f. 31-10-2019). 15. Entries 22 to 31 re-numbered as entries 21 to 30, respectively by the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019), s. 8 (w.e.f. 31-10-2019). 1 2 3 4 (Fourth Schedule) Himachal Pradesh ............................................... 3]]] Manipur ............................................................. 1] Tripura ............................................................... 1]] Meghalaya ......................................................... 1]] Sikkim ............................................................... 1]] Mizoram ............................................................ 1]] Arunachal Pradesh .............................................. 1]] Delhi .................................................................. 3] [Puducherry] ..................................................... 1]] Jammu and Kashmir ............................................ 4] 233] Total [ [ [ [22.] 3 2 4 [ [ [23.] 3 2 4 [ [ [24.] 3 2 4 [ [ [25.] 5 3 2 4 [ [ [ [26.] 6 3 2 4 [ [ [ [27.] 7 3 2 4 [ [ [ [28.] 3 2 4 [ [ [29.] 3 2 4 [ [ [30.] 9 3 2 4 [ [ [ [31. THE CONSTITUTION OF INDIA 2. Entries 4 to 29 renumbered as entries 5 to 30 by the Bihar Reorganisation Act, 2000 (30 of 2000), s. 7 (w.e.f. 15-11-2000). 3. Entries 2 to 30 renumbered as entries 3 to 31 respectively by the Andhra Pradesh Reorganisation Act, 2014 (6 of 2014), s. 12 (w.e.f. 2-6-2014). 4. Entries 22 to 31 renumbered as entries 21 to 30 respectively by the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019), s. 8 (w.e.f. 31-10-2019). "Pondicherry" (w.e.f. 1-10-2006). (w.e.f. 31-10-2019). "232" (w.e.f. 30-5-1987). FIFTH SCHEDULE [Article 244(1)] Provisions as to the Administration and Control of Scheduled Areas and Scheduled Tribes PART A GENERAL 1. Interpretation.—In this Schedule, unless the context otherwise requires, the expression “State” 1*** does not include the 2[States of Assam 3 4 [, [Meghalaya, Tripura and Mizoram.]]] 2. Executive power of a State in Scheduled Areas.—Subject to the provisions of this Schedule, the executive power of a State extends to the Scheduled Areas therein. 3. Report by the Governor 5*** to the President regarding the administration of Scheduled Areas.—The Governor 5*** of each State having Scheduled Areas therein shall annually, or whenever so required by the President, make a report to the President regarding the administration of the Scheduled Areas in that State and the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said areas. PART B ADMINISTRATION AND CONTROL OF SCHEDULED AREAS AND SCHEDULED TRIBES 4. Tribes Advisory Council.—(1) There shall be established in each State having Scheduled Areas therein and, if the President so directs, also in any State having Scheduled Tribes but not Scheduled Areas therein, a Tribes Advisory Council consisting of not more than twenty members of whom, as nearly as may be, three-fourths shall be the representatives of the Scheduled Tribes in the Legislative Assembly of the State: Schedule but" omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956). "State of Assam" (w.e.f. 21-1-1972). Meghalaya" (w.e.f. 1-4-1985). Tripura" (w.e.f. 20-2-1987). 1956, s. 29 and Sch. (w.e.f. 1-11-1956). THE CONSTITUTION OF INDIA (Fifth Schedule)
Provided that if the number of representatives of the Scheduled Tribes in the Legislative Assembly of the State is less than the number of seats in the Tribes Advisory Council to be filled by such representatives, the remaining seats shall be filled by other members of those tribes.
(2) It shall be th