Part XIX: Miscellaneous
Contains various provisions that don't fit neatly into other parts but are essential for the functioning of constitutional government. This part includes important immunities for constitutional authorities, provisions regarding disqualification, bar on interference in legal proceedings, and special provisions for certain states.
Constitutional Immunities and Miscellaneous Provisions
Protection of President and Governors and Rajpramukhs
(1) The President or Governor shall not be answerable to any court for the exercise and performance of the powers and duties of his office.
(2) No criminal proceedings shall be instituted or continued against the President or Governor during his term of office.
(3) No process for arrest or imprisonment shall be issued against the President or Governor.
Scope: This immunity is personal and not official. Civil proceedings can be instituted with 2 months' notice for acts done in personal capacity.
Protection of publication of proceedings of Parliament and State Legislatures
(1) No person shall be liable to any proceedings in any court for publishing a substantially true report of the proceedings of either House of Parliament or Legislature of a State.
(2) This protection extends to broadcasts of such proceedings.
44th Amendment: Added by the 44th Amendment Act, 1978 to protect freedom of the press and ensure accurate reporting of legislative proceedings without fear of defamation suits.
Disqualification for appointment on remunerative political post
A member of a House belonging to any political party who is disqualified for being a member of the House under paragraph 2 of the Tenth Schedule shall also be disqualified to hold any remunerative political post for the duration of the period commencing from the date of his disqualification till the date on which his term of office would expire or till he is reelected, whichever is earlier.
91st Amendment: Added by the 91st Amendment Act, 2003 as part of anti-defection law reforms to prevent defectors from being rewarded with political offices.
Rights and privileges of Rulers of Indian States
[Repealed by the 26th Amendment Act, 1971] Originally provided for the rights and privileges of Rulers of Indian States. The 26th Amendment abolished the privy purses and privileges of former rulers, declaring India a republic with no recognition of titles or privileges based on birth.
Bar to interference by courts in disputes arising out of certain treaties, agreements, etc.
(1) Notwithstanding anything in this Constitution, neither the Supreme Court nor any other court shall have jurisdiction in any dispute arising out of any provision of a treaty, agreement, covenant, engagement, sanad or other similar instrument entered into before the commencement of this Constitution.
(2) This bar extends to disputes regarding rights, liabilities, or obligations under such instruments.
Recognition granted to Rulers of Indian States to cease and privy purses to be abolished
(1) The recognition granted to the Rulers of Indian States shall cease.
(2) The privy purse payable to former rulers shall be abolished.
26th Amendment: Added by the 26th Amendment Act, 1971 which abolished the institution of rulership and privy purses as part of India's commitment to egalitarian principles.
Special provisions as to major ports and aerodromes
(1) The President may by public notification direct that any law made by Parliament or by the Legislature of a State shall not apply to any major port or aerodrome.
(2) Such direction may provide for the creation of an authority to exercise powers within such port or aerodrome.
Purpose: Allows for special administrative arrangements for strategic national infrastructure.
Effect of failure to comply with, or to give effect to, directions given by the Union
Where any State has failed to comply with, or to give effect to, any directions given in the exercise of the executive power of the Union under any of the provisions of this Constitution, it shall be lawful for the President to hold that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution.
Connection to Article 356: This article provides grounds for imposition of President's Rule under Article 356 if a state fails to comply with Union directions.
Definitions
Contains important definitions used throughout the Constitution including:
- "Agricultural income" - Income from agricultural sources
- "Anglo-Indian" - Person of European descent domiciled in India
- "Article" - Article of the Constitution
- "Corporation tax" - Tax on company incomes
- "Existing law" - Law in force before Constitution commencement
- "Federal Court" - The Federal Court under Government of India Act, 1935
- "Goods" - Includes materials, commodities, and articles
- "Railway" - Includes tramways
- "Ruler" - Prince or Chief of Indian State (before 26th Amendment)
- "Schedule" - Schedule to the Constitution
- "Scheduled Castes/Scheduled Tribes" - Castes/tribes deemed so by President
- "Securities" - Stock, shares, etc.
- "Sub-clause" - Sub-clause of the clause in which it occurs
Interpretation
(1) Unless the context otherwise requires, the General Clauses Act, 1897 shall apply for the interpretation of this Constitution as it applies for the interpretation of an Act of the Legislature.
(2) Any reference to Acts or laws of, or made by, Parliament or State Legislature shall be construed as including references to Ordinances.
(3) References to "the State" in Part III (Fundamental Rights) include Government, Parliament, Legislature, and all local authorities.
(4) The President or Governor shall not be deemed to hold any office of profit.
📚 Key Concepts in Part XIX: Miscellaneous
Constitutional Immunities (Art. 361)
- President & Governors: No criminal proceedings during term
- Not answerable to courts: For official acts
- Civil proceedings: Possible with 2 months' notice
- Purpose: Ensure fearless discharge of constitutional duties
Press Freedom (Art. 361A)
- Added by: 44th Amendment (1978)
- Protection: For reporting parliamentary proceedings
- Condition: Report must be substantially true
- Covers: Both print and broadcast media
Anti-Defection Law (Art. 361B)
- Added by: 91st Amendment (2003)
- Disqualification: From holding remunerative political posts
- Duration: Till term expires or reelected
- Purpose: Prevent defectors from getting rewards
📝 Constitutional Significance
Part XIX serves as the constitutional "catch-all" for provisions that don't fit elsewhere but are essential for governance. The immunities in Article 361 protect constitutional functionaries from harassment while in office, enabling them to discharge duties without fear of litigation. Article 361A represents an important protection for press freedom, added after the Emergency experience. Article 361B strengthens the anti-defection law by preventing defectors from being rewarded with political offices. The definition clauses (Article 366) and interpretation rules (Article 367) provide crucial guidance for understanding constitutional provisions. While some articles (362, 363A) reflect historical contexts now obsolete, they illustrate the Constitution's evolution from a dominion with princely states to a full republic.
⚖️ Important Judicial Pronouncements
Rameshwar Prasad v. Union of India (2006)
Issue: Scope of Governor's immunity under Article 361
Held: While Governor enjoys immunity from criminal proceedings, the court can examine whether the Governor's action was based on relevant material or was mala fide. The immunity is not absolute for judicial review of constitutional validity.
Madhav Rao Scindia v. Union of India (1971)
Issue: Validity of 26th Amendment abolishing privy purses (Article 363A)
Held: Upheld the amendment. The court held that the Constitution does not guarantee the continuation of rulership privileges, and Parliament has the power to amend the Constitution to abolish them as part of establishing a republic based on equality.
State of Bihar v. Union of India (1970)
Issue: Interpretation of "the State" under Article 367
Held: The definition in Article 367 applies unless context requires otherwise. The court emphasized that constitutional interpretation must consider the context, purpose, and constitutional values rather than applying mechanical rules.
📜 Historical Evolution of Part XIX
Original Constitution
Articles 361-367 included, with provisions for rulers and privy purses reflecting transition from dominion to republic.
26th Amendment
Abolished privy purses and privileges of former rulers. Added Article 363A, repealed Article 362.
44th Amendment
Added Article 361A to protect press reporting of parliamentary proceedings post-Emergency.
91st Amendment
Added Article 361B to strengthen anti-defection law by disqualifying defectors from political posts.
📖 Important Definitions from Article 366
Scheduled Castes & Tribes
Definition: Castes, races, tribes or parts/groups within them specified by President's notification.
Significance: Basis for reservation policies, special protections, and affirmative action.
Agricultural Income
Definition: Income derived from agricultural sources including rent/revenue from land.
Significance: Exempt from Union taxation under Article 274, State subject under Entry 46 of State List.
Corporation Tax
Definition: Tax on incomes of companies, payable by companies themselves.
Significance: Union subject under Entry 85 of Union List, collected and retained by Centre.
Existing Law
Definition: Any law, ordinance, order, bye-law, rule or regulation passed before Constitution commencement.
Significance: Continuity of legal system during transition from British rule to republic.
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