Constitution of India - V.N. Shukla's Constitution of India

 V. N. Shukla’s Constitution of India has proved itself, over eleven editions, to be the most authoritative and respected academic book on Indian Constitution. Its outstanding reputation has established it in the foremost rank of classic legal textbooks.

 

"Professor Singh is to be congratulated in maintaining the impetus of research and revision necessary for successive editions of a book which is extremely useful for the purposes of reference and teaching."

- Cambridge Law Journal, U.K.

"I have already found it useful for references to authorities on particular articles."

- International and Comparative Law Quarterly, U.K.

"Precise and yet lucid accounts of the rationale in scores of leading decisions of the Supreme Court of India is the chief strength of this text."

- Malayan Law Review, Singapore

"It is a lawyer's book as well. The scholars of multi-disciplines may be tempted to have it in view of its lucid style and valuable and detailed information. The present reviewer has no hesitation in saying that today the book has attained the status of one of the leading commentaries on the Constitution of India.''

- Journal of the Indian Law Institute

"Considered opinions of academic men standing aloof from political ideologies or emotions given in a purely detached spirit on these and other questions are bound to carry respect and weight. Dr. Shukla, as a scholar and Professor of Law has the necessary credentials. Justice Kidwai in his Foreword has observed that in view of the fact that the life, liberty and property of every citizen of India is vitally affected by the provisions of the Constitution it is necessary that every effort should be made to make the provisions easily comprehensible and that Mr. Shukla's book has fulfilled the need admirably."

- Madras Law Journal

 

 

INTRODUCTION

PART I : THE UNION AND ITS TERRITORY

                   Name and territory of the Union

                   Admission or establishment of new States

                   Formation of new States and alteration of areas,

                   boundaries or names of existing States

                   Laws made under Articles 2 and 3 to provide

                   for the amendment of the First and the Fourth Schedules

                   and supplemental, incidental and consequential matters

PART II : CITIZENSHIP

                   Citizenship at the commencement of the Constitution

                   Rights of citizenship of certain persons

                   ho have migrated to India from Pakistan

                   Rights of citizenship of certain migrants to Pakistan

                   Rights of citizenship of certain persons

                   of Indian origin residing outside India

                   Persons voluntarily acquiring citizenship

                   of a foreign State not to be citizens

                   Continuance of the rights of citizenship

                   Parliament to regulate the right of citizenship by law

PART III : FUNDAMENTAL RIGHTS

General

                   Definition

                   Laws inconsistent with or in derogation

                   of the fundamental rights

Right to Equality

                   Equality before law

                   Prohibition of discrimination on grounds of

                   religion, race, caste, sex or place of birth

                   Equality of opportunity in matters of public employment

                   Abolition of Untouchability

                   Abolition of titles

Right to Freedom

                   Protection of certain rights regarding freedom of speech, etc.

                   Protection in respect of conviction for offences

                   Protection of life and personal liberty

                   Right to education

                   Protection against arrest and detention in certain cases

Right against Exploitation

                   Prohibition of traffic in human beings and forced labour

                   Prohibition of employment of children in factories, etc.

Right to Freedom of Religion

                   Freedom of conscience and free profession,

                   practice and propagation of religion

                   Freedom to manage religious affairs

                   Freedom as to payment of taxes for promotion

                   of any particular religion

                   Freedom as to attendance at religious instruction or

                   religious worship in certain educational institutions

Cultural and Educational Rights

                   Protection of interests of minorities

                   Right of minorities to establish and

                   administer educational institutions

[Right to Property] [Omitted]

                   Compulsory acquisition of property [Omitted]

Saving of Certain Laws

                   Saving of laws providing for acquisition of estates, etc.

                   Validation of certain Acts and Regulations

                   Saving of laws giving effect to certain directive principles

                   Saving of laws in respect of anti-national activities [Omitted]

                   Right to Constitutional Remedies

                   Remedies for enforcement of rights conferred by this Part

                   Constitutional validity of State Laws not to be considered

                   in proceedings under Article 32 [Omitted]

                   Power of Parliament to modify the rights conferred

                   by this Part in their application, etc.

                   Restriction on rights conferred by this Part while

                   martial law is in force in any area

                   Legislation to give effect to the provisions of this Part

PART IV : DIRECTIVE PRINCIPLES OF STATE POLICY

                   Definition

                   Application of the principles contained in this Part

                   State to secure a social order for the

                   promotion of welfare of the people

                   Certain principles of policy to be followed by the State

                   Equal justice and free legal aid

                   Organisation of village panchayats

                   Right to work, to education and to

                   public assistance in certain cases

                   Provision for just and humane conditions

                   of work and maternity relief

                   Living wage, etc., for workers

                   Participation of workers in management of industries

                   Uniform civil code for the citizens

                   Provision for free and compulsory education for children

                   Promotion of educational and economic interests of

                   Scheduled Castes, Scheduled Tribes

                   and other weaker sections

                   Duty of the State to raise the level of nutrition and the

                   standard of living and to improve public health

                   Organisation of agriculture and animal husbandry

                   Protection and improvement of environment and

                   safeguarding of forests and wildlife

                   Protection of monuments and places

                   and objects of national importance

                   Separation of judiciary from executive

                   Promotion of international peace and security

PART IV-A : FUNDAMENTAL DUTIES

                   Fundamental duties

PART V : THE UNION

CHAPTER I : THE EXECUTIVE

The President and Vice-President

                   The President of India

                   Executive power of the Union

                   Election of President

                   Manner of election of President

                   Term of office of President

                   Eligibility for re-election

                   Qualifications for election as President

                   Conditions of President's office

                   Oath or affirmation by the President

                   Procedure for impeachment of the President

                   Time of holding election to fill

                   vacancy in the office of President and

                   the term of office of person elected to fill casual vacancy

                   The Vice-President of India

                   The Vice-President to be ex-officio

                   Chairman of the Council of States

                   The Vice-President to act as President               

CHAPTER II : PARLIAMENT

General

                   Constitution of Parliament

                   Composition of the Council of States

                   Composition of the House of the People

                   Readjustment after each census

Officers of Parliament

                   The Chairman and Deputy Chairman of the Council of States

                   Vacation and resignation of, and removal from,

                   the office of Deputy Chairman

                   Power of the Deputy Chairman or other person to perform

                   the duties of the office of, or to act as, Chairman                   

Conduct of Business

                   Oath or affirmation by members

                   Voting in Houses, power of Houses to act

                   not with standing vacancies and quorum

Disqualifications of Members

                   Vacation of seats

                   Disqualifications for membership

                   Decision on questions as to disqualifications of members

Powers, Privileges and Immunities of Parliament and its Members

Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof

                   Salaries and allowances of members

Legislative Procedure

                   Provisions as to introduction and passing of Bills

                   Joint sitting of both Houses in certain cases

Procedure in Financial Matters

                   Annual financial statement

                   Procedure in Parliament with respect to estimates

Procedure Generally

                   Rules of procedure

                   Regulation by law of procedure in Parliament

CHAPTER III : LEGISLATIVE POWERS OF THE PRESIDENT

                   Power of President to promulgate Ordinances

                   during recess of Parliament

CHAPTER IV : THE UNION JUDICIARY

                   Establishment and constitution of Supreme Court

                   Salaries, etc., of Judges

                   Appointment of acting Chief Justice

                   Appointment of ad hoc Judges

                   Attendance of retired Judges at sittings of the Supreme Court

CHAPTER V : COMPTROLLER AND AUDITOR-GENERAL OF INDIA

                   Comptroller and Auditor-General of India

                   Duties and powers of the Comptroller and Auditor-General

                   Form of accounts of the Union and of the States

                   Audit reports

PART VI : THE STATES

CHAPTER I : GENERAL

                   Definition

CHAPTER II : THE EXECUTIVE

The Governor

                   Governors of States

                   Executive power of State

                   Appointment of Governor

                   Term of office of Governor

Council of Ministers

                   Council of Ministers to aid and advise Governor

                   Other provisions as to Ministers

                   The Advocate-General for the State

CHAPTER III : THE STATE LEGISLATURE
General

                   Constitution of Legislatures in States

                   Abolition or creation of Legislative Councils in States

                   Composition of the Legislative Assemblies

                   Composition of the Legislative Councils

Officers of the State Legislature

                   The Speaker and Deputy Speaker of the Legislative Assembly

                   Vacation and resignation of, and removal from,

                   the offices of Speaker and Deputy Speaker

Conduct of Business

                   Oath or affirmation by members

                   Voting in Houses, power of Houses to act

                   notwithstanding vacancies and quorum

                   Disqualifications of Members

Legislative Procedure

                   Provisions as to introduction and passing of Bills

                   Restriction on powers of Legislative Council as to

Procedure in Financial Matters

                   Annual financial statement

                   Procedure in Legislature with respect to estimates

                   Appropriation Bills                  

Procedure Generally

                   Rules of procedure

                   Regulation by law of procedure in the Legislature of the

                   State in relation to financial business

                   Language to be used in the Legislature

                   Restriction on discussion in the Legislature

                   Courts not to inquire into proceedings of the Legislature

CHAPTER IV : LEGISLATIVE POWER OF THE GOVERNOR

                   Power of Governor to promulgate Ordinances

                   during recess of Legislature

CHAPTER V : THE HIGH COURTS IN THE STATES

                   High Courts for States

                   High Courts to be courts of record

                   Constitution of High Courts

                   Appointment and conditions of the

                   office of a Judge of a High Court                  

CHAPTER VI : SUBORDINATE COURTS

                   Appointment of district judges

                   Validation of appointments of, and judgments,

                   etc., delivered by, certain district judges

                   Recruitment of persons other than

                   district judges to the judicial service

PART VII : THE STATES IN PART B OF THE FIRST SCHEDULE

PART VIII : THE UNION TERRITORIES

                   Administration of Union territories

                   Creation of local Legislatures or Council of

                  

PART IX : THE PANCHAYATS

                   Definitions

                   Gram Sabha

                   Constitution of Panchayats

                   Composition of Panchayats

PART IX-A : HE MUNICIPALITIES

                   Definitions

                   Constitution of Municipalities

                   Composition of Municipalities

                   Constitution and composition of Wards Committees, etc.

                   Reservation of seats

PART X : THE SCHEDULED AND TRIBAL AREAS

                   Administration of Scheduled Areas and Tribal Areas

                   Formation of an autonomous State comprising certain

                   tribal areas in Assam and creation of local Legislature

                   or Council of Ministers or both there for

PART XI : RELATIONS BETWEEN THE UNION AND THE STATES

CHAPTER I : LEGISLATIVE RELATIONS

Distribution of Legislative Powers

                   Extent of laws made by Parliament and

                   by the Legislatures of States

                   Subject-matter of laws made by Parliament

                   and by the Legislatures of States

CHAPTER II : ADMINISTRATIVE RELATIONS

General

                   Obligation of States and the Union

                   Control of the Union over States in certain cases

                   Power of the Union to confer powers,

                   etc., on States in certain cases

Disputes relating to waters

                   Adjudication of disputes relating to waters of

                   inter-State rivers or river valleys

Co-ordination between States

                   Provisions with respect to an inter-State Council

PART XII : FINANCE, PROPERTY, CONTRACTS AND SUITS

CHAPTER I : FINANCE

General

                   Interpretation

                   Taxes not to be imposed save by authority of law

                   Consolidated Funds and public

                   accounts of India and of the States

                   Contingency Fund

Distribution of Revenues between the Union and the States

                   Duties levied by the Union but

                   collected and appropriated by the States

                   Taxes levied and collected by the

                   Union but assigned to the States

                   Taxes levied and distributed between

                   the Union and the States        

Miscellaneous Financial Provisions

                   Expenditure defrayable by the Union

                   or a State out of its revenues

                   Custody, etc., of Consolidated Funds, Contingency

                   Funds and moneys credited to the public accounts

                  

CHAPTER II : BORROWING

                   Borrowing by the Government of India

                   Borrowing by States

CHAPTER III : PROPERTY, CONTRACTS, RIGHTS, LIABILITIES, OBLIGATIONS AND SUITS

                   Succession to property, assets, rights, liabilities

                   and obligations in certain cases

                   Succession to property, assets, rights,

                   liabilities and obligations in other cases

CHAPTER IV : RIGHT TO PROPERTY

                   Persons not to be deprived of property save by authority of law

PART XIII : TRADE, COMMERCE AND INTERCOURSE WITHIN THETERRITORY OF INDIA

                   Freedom of trade, commerce and intercourse

                   Power of Parliament to impose restrictions

                   on trade, commerce and intercourse

                   Restrictions on the legislative powers of the                  

PART XIV : SERVICES UNDER THE UNION AND THE STATES

CHAPTER I : SERVICES

                   Interpretation

                   Recruitment and conditions of service of

                   persons serving the Union or a State

CHAPTER II : PUBLIC SERVICE COMMISSIONS

                   Public Service Commissions for the Union and for the States

                   Appointment and term of office of members

                   Removal and suspension of a member

                   of a Public Service Commission

PART XIV-A : TRIBUNALS

                   Administrative tribunals

                   Tribunals for other matters

PART XV : ELECTIONS

                   Superintendence, direction and control of elections

                   to be vested in an Election Commission

                   No person to be ineligible for inclusion in, or to claim to be

                   included in a special, electoral roll on

                   grounds of religion, race, caste or sex

PART XVI : SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES

                   Reservation of seats for Scheduled Castes and

                   Scheduled Tribes in the House of the People

                   Representation of the Anglo-Indian

                   community in the House of the People

                   Reservation of seats for Scheduled Castes and                 

PART XVII : OFFICIAL LANGUAGE

CHAPTER I : LANGUAGE OF THE UNION

                   Official language of the Union

                   Commission and Committee of Parliament on official language

CHAPTER II : REGIONAL LANGUAGES

                   Official language or languages of a State

                   Official language for communication between one

                   State and another or between a State and the Union

                   Special provision relating to language spoken

                   by a section of the population of a State

CHAPTER III : LANGUAGE OF THE SUPREME COURT,HIGH COURTS, ETC.

                   Language to be used in the Supreme Court and in the

                   High Courts and for Acts, Bills, etc.

                   Special procedure for enactment of

                   certain laws relating to language

CHAPTER IV : SPECIAL DIRECTIVES

                   Language to be used in representations

                   for redress of grievances

                   Facilities for instruction in

                   mother-tongue at primary stage

                   Special Officer for linguistic minorities

                   Directive for development of the Hindi language

PART XVIII : EMERGENCY PROVISIONS

                   Proclamation of Emergency

                   Effect of Proclamation of Emergency

                   Application of provisions relating to distribution of revenues

                   while a Proclamation of Emergency is in operation

PART XIX : MISCELLANEOUS

                   Protection of President and Governors and Rajpramukhs

                   Protection of publication of proceedings of

                   Parliament and State Legislatures

PART XX : AMENDMENT OF THE CONSTITUTION

                   Power of Parliament to amend the Constitution and procedure there for

PART XXI : TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS

                   Temporary power to Parliament to make laws with respect to certain

                   matters in the State List as if they were

                   matters in the Concurrent List