|
This version of the Constitution of the State of Indiana is provided by the Indiana University School of Law--Bloomington. We can make no guarantee as to the accuracy or authenticity of this version of the Indiana Constitution. If you find any errors, please notify webmaster@www.law.indiana.edu.
----------------------------------------------------------
CONSTITUTION OF THE STATE OF INDIANA
Approved in Convention at Indianapolis,
February 10, 1851
Adopted by the Electorate, effective November 1, 1851
As Amended through July 1, 1993
PREAMBLE
_TO THE END_, that justice be established, public order maintained,
and liberty perpetuated; WE, the People of the State of Indiana,
grateful to ALMIGHTY GOD for the free exercise of the right to
choose our own form of government, do ordain this Constitution.
ARTICLE 1. Bill of Rights
Section 1. Inherent and inalienable rights
Section 1. WE DECLARE, That all people are created equal; that they
are endowed by their CREATOR with certain inalienable rights; that
among these are life, liberty, and the pursuit of happiness; that all
power is inherent in the People; and that all free governments are,
and of right ought to be, founded on their authority, and instituted
for their peace, safety, and well-being. For the advancement of these
ends, the People have, at all times, an indefeasible right to alter
and reform their government.
(History: As Amended November 6, 1984).
Section 2. Natural right to worship
Section 2. All people shall be secured in the natural right to worship
ALMIGHTY GOD, according to the dictates of their own consciences.
(History: As Amended November 6, 1984).
Section 3. Freedom of religious opinions and rights of conscience
Section 3. No law shall, in any case whatever, control the free
exercise and enjoyment of religious opinions, or interfere with the
rights of conscience.
Section 4. Freedom of religion
Section 4. No preference shall be given, by law, to any creed,
religious society, or mode of worship; and no person shall be
compelled to attend, erect, or support, any place of worship, or to
maintain any ministry, against his consent.
(History: As Amended November 6, 1984).
Section 5. Religious test for office
Section 5. No religious test shall be required, as a qualification for
any office of trust or profit.
Section 6. Public money for benefit of religious or theological institutions
Section 6. No money shall be drawn from the treasury, for the benefit
of any religious or theological institution.
Section 7. Witness competent regardless of religious opinions
Section 7. No person shall be rendered incompetent as a witness, in
consequence of his opinions on matters of religion.
Section 8. Oath or affirmation, administration
Section 8. The mode of administering an oath or affirmation, shall be
such as may be most consistent with, and binding upon, the conscience
of the person, to whom such oath or affirmation may be administered.
Section 9. Right to free thought, speech, writing and printing; abuse of
right
Section 9. No law shall be passed, restraining the free interchange of
thought and opinion, or restricting the right to speak, write, or
print, freely, on any subject whatever: but for the abuse of that
right, every person shall be responsible.
Section 10. Truth in prosecutions for libel
Section 10. In all prosecutions for libel, the truth of the matters
alleged to be libellous, may be given in justification.
Section 11. Unreasonable search or seizure; warrant
Section 11. The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable search or seizure,
shall not be violated; and no warrant shall issue, but upon probable
cause, supported by oath or affirmation, and particularly describing
the place to be searched, and the person or thing to be seized.
Section 12. Courts open; remedy by due course of law; administration of
justice
Section 12. All courts shall be open; and every person, for injury
done to him in his person, property, or reputation, shall have remedy
by due course of law. Justice shall be administered freely, and
without purchase; completely, and without denial; speedily, and
without delay.
(History: As Amended November 6, 1984).
Section 13. Rights of accused in criminal prosecutions
Section 13. In all criminal prosecutions, the accused shall have the
right to a public trial, by an impartial jury, in the county in which
the offense shall have been committed; to be heard by himself and
counsel; to demand the nature and cause of the accusation against him,
and to have a copy thereof; to meet the witnesses face to face, and to
have compulsory process for obtaining witnesses in his favor.
Section 14. Double jeopardy and self-incrimination
Section 14. No person shall be put in jeopardy twice for the same
offense. No person, in any criminal prosecution, shall be compelled to
testify against himself.
Section 15. Persons arrested or confined, treatment
Section 15. No person arrested, or confined in jail, shall be treated
with unnecessary rigor.
Section 16. Excessive bail or fines and cruel or unusual punishment
Section 16. Excessive bail shall not be required. Excessive fines
shall not be imposed. Cruel and unusual punishments shall not be
inflicted. All penalties shall be proportioned to the nature of the
offense.
Section 17. Right to bail and unbailable offenses
Section 17. Offenses, other than murder or treason, shall be bailable
by sufficient sureties. Murder or treason shall not be bailable, when
the proof is evident, or the presumption strong.
Section 18. Penal code founded on reformation
Section 18. The penal code shall be founded on the principles of
reformation, and not of vindictive justice.
Section 19. Right of jury to determine law and facts in criminal cases
Section 19. In all criminal cases whatever, the jury shall have the
right to determine the law and the facts.
Section 20. Trial by jury in civil cases
Section 20. In all civil cases, the right of trial by jury shall
remain inviolate.
Section 21. Right to compensation for services and property
Section 21. No person's particular services shall be demanded, without
just compensation. No person's property shall be taken by law, without
just compensation; nor, except in case of the State, without such
compensation first assessed and tendered.
(History: As Amended November 6, 1984).
Section 22. Privileges of debtor; imprisonment for.
Section 22. The privilege of the debtor to enjoy the necessary
comforts of life, shall be recognized by wholesome laws, exempting a
reasonable amount of property from seizure or sale, for the payment of
any debt or liability hereafter contracted: and there shall be no
imprisonment for debt, except in case of fraud.
Section 23. Equal privileges
Section 23. The General Assembly shall not grant to any citizen, or
class of citizens, privileges or immunities, which, upon the same
terms, shall not equally belong to all citizens.
Section 24. Ex post facto laws and impairing contracts
Section 24. No ex post facto law, or law impairing the obligation of
contracts, shall ever be passed.
Section 25. Effect of laws
Section 25. No law shall be passed, the taking effect of which shall
be made to depend upon any authority, except as provided in this
Constitution.
Section 26. Suspension of operation of law
Section 26. The operation of the laws shall never be suspended, except
by the authority of the General Assembly.
Section 27. Suspension of habeas corpus; exception
Section 27. The privilege of the writ of habeas corpus shall not be
suspended, except in case of rebellion or invasion; and then, only if
the public safety demand it.
Section 28. Treason against state; definition
Section 28. Treason against the State shall consist only in levying
war against it, and in giving aid and comfort to its enemies.
Section 29. Treason against state; proof
Section 29. No person shall be convicted of treason, except on the
testimony of two witnesses to the same overt act, or upon his
confession in open court.
Section 30. Conviction; effect
Section 30. No conviction shall work corruption of blood or forfeiture
of estate.
Section 31. Right to assemble, to instruct and to petition
Section 31. No law shall restrain any of the inhabitants of the State
from assembling together in a peaceable manner, to consult for their
common good; nor from instructing their representatives; nor from
applying to the General Assembly for redress of grievances.
Section 32. Bearing arms
Section 32. The people shall have a right to bear arms, for the
defense of themselves and the State.
Section 33. Military subordinate to civil power
Section 33. The military shall be kept in strict subordination to the
civil power.
Section 34. Quartering of soldiers
Section 34. No soldier shall, in time of peace, be quartered in any
house, without the consent of the owner; nor, in time of war, but in a
manner to be prescribed by law.
Section 35. Titles of nobility and hereditary distinctions
Section 35. The General Assembly shall not grant any title of
nobility, nor confer hereditary distinctions.
Section 36. Freedom of emigration
Section 36. Emigration from the State shall not be prohibited.
Section 37. Slavery and involuntary servitude
Section 37. There shall be neither slavery, nor involuntary servitude,
within the State, otherwise than for the punishment of crimes, whereof
the party shall have been duly convicted.
(History: As Amended November 6, 1984).
ARTICLE 2. Suffrage and Election
Section 1. Free and equal elections
Section 1. All elections shall be free and equal.
Section 2. Voting qualifications
Section 2. Every citizen of the United States, of the age of eighteen
(18) years or more, who has been a resident of a precinct thirty (30)
days immediately preceding such election, shall be entitled to vote in
that precinct.
(History: As Amended March 14, 1881; September 6, 1921;
November 2, 1976; November 6, 1984).
Section 3. Members of armed forces; residence
Section 3. No member of the armed forces of the United States, or of
their allies, shall be deemed to have acquired a residence in the
State, in consequence of having been stationed within the same; nor
shall any such person have the right to vote.
(History: As Amended November 6. 1981).
Section 4. Residence; absence from state
Section 4. No person shall be deemed to have lost his residence in the
State, by reason of his absence, either on business of this State or
of the United States.
Section 5. Repealed
(Repealed March 14, 1881).
Section 6. Disqualification for bribery
Section 6. Every person shall be disqualified from holding office,
during the term for which he may have been elected, who shall have
given or offered a bribe, threat, or reward, to procure his election.
Section 7. Repealed
(Repealed November 6, 1984).
Section 8. Conviction of infamous crime
Section 8. The General Assembly shall have power to deprive of the
right of suffrage, and to render ineligible, any person convicted of
an infamous crime.
Section 9. Holder of lucrative office; eligibility
Section 9. No person holding a lucrative office or appointment under
the United States or under this State is eligible to a seat in the
General Assembly; and no person may hold more than one lucrative
office at the same time, except as expressly permitted in this
Constitution. Offices in the militia to which there is attached no
annual salary shall not be deemed lucrative.
(History: As Amended November 6, 1984).
Section 10. Collectors and holders of public money; eligibility
Section 10. No person who may hereafter be a collector or holder of
public moneys, shall be eligible to any office of trust or profit,
until he shall have accounted for, and paid over, according to law,
all sums for which he may be liable.
Section 11. Pro tempore appointment; term of office
Section 11. In all cases in which it is provided. that an office shall
not be filled by the same person more than a certain number of years
continuously, an appointment pro tempore shall not be reckoned a part
of that term.
Section 12. Freedom from arrest of electors; exceptions
Section 12. In all cases, except treason, felony, and breach of the
peace, electors shall be free from arrest, in going to elections,
during their attendance there, and in returning from the same.
Section 13. Election methods
Section 13. All elections by the People shall be by ballot; and all
elections by the General Assembly, or by either branch thereof, shall
be _viva voce_.
Section 14. Time of elections; judges of courts; registration of voters
Section 14. All general elections shall be held on the first Tuesday
after the first Monday in November, but township elections may be held
at such time as may be provided by law: _Provided_, That the General
Assembly may provide by law for the election of all judges of courts
of general and appellate jurisdiction, by an election to be held for
such officers only, at which time no other officer shall be voted for;
and shall also provide for the registration of all persons entitled to
vote.
(History: As Amended March 14, 1881).
ARTICLE 3. Distribution of Powers
Section 1. Three separate departments
Section 1. The powers of the Government are divided into three
separate departments; the Legislative, the Executive including the
Administrative, and the Judicial: and no person, charged with official
duties under one of these departments, shall exercise any of the
functions of another, except as in this Constitution expressly
provided.
ARTICLE 4. Legislative
Section 1. General assembly; composition; style of law
Section 1. The Legislative authority of the State shall be vested in a
General Assembly, which shall consist of a Senate and a House of
Representatives. The style of every law shall be: "Be it enacted by
the General Assembly of the State of Indiana"; and no law shall be
enacted, except by bill.
Section 2. Senate and house of representatives; membership
Section 2. The Senate shall not exceed fifty, nor the House of
Representatives one hundred members; and they shall be chosen by the
electors of the respective districts into which the State may, from
time to time, be divided.
(History: As Amended November 6, 1984).
Section 3. Senators and representatives; tenure
Section 3. Senators shall be elected for the term of four years, and
Representatives for the term of two years, from the day next after
their general election. One half of the Senators, as nearly as
possible, shall be elected biennially.
(History: As Amended November 6, 1984).
Section 4. Vacancies in general assembly
Section 4. The General Assembly may provide by law for the filling of
such vacancies as may occur in the General Assembly.
(History: As Amended March 14, 1881; November 6, 1984).
Section 5. Legislative apportionment
Section 5. The General Assembly elected during the year in which a
federal decennial census is taken shall fix by law the number of
Senators and Representatives and apportion them among districts
according to the number of inhabitants in each district, as revealed
by that federal decennial census. The territory in each district shall
be contiguous.
(History: As Amended March 14, 1881; November 6. 1984).
Section 6. Repealed
(Repealed November 6, 1984).
Section 7. Senators and representatives; qualifications
Section 7. No person shall be a Senator or a Representative, who, at
the time of his election, is not a citizen of the United States; nor
any one who has not been for two years next preceding his election, an
inhabitant of this State, and, for one year next preceding his
election, an inhabitant of the district whence he may be chosen.
Senators shall be at least twenty-five, and Representatives at least
twenty-one years of age.
(History: As Amended November 6, 1984).
Section 8. Legislative immunity; exceptions
Section 8. Senators and Representatives, in all cases except treason,
felony, and breach of the peace, shall be privileged from arrest,
during the session of the General Assembly, and in going to and
returning from the same; and shall not be subject to any civil
process, during the session of the General Assembly, nor during the
fifteen days next before the commencement thereof. For any speech or
debate in either House, a member shall not be questioned in any other
place.
Section 9. Sessions of general assembly
Section 9. The sessions of the General Assembly shall be held at the
capitol of the State, commencing on the Tuesday next after the second
Monday in January of each year in which the General Assembly meets
unless a different day or place shall have been appointed by law. But
if, in the opinion of the Governor, the public welfare shall require
it, he may, at any time by proclamation, call a special session. The
length and frequency of the sessions of the General Assembly shall be
fixed by law.
(History: As Amended November 3, 1970. The schedule adopted with the 1970
amendment to Article 4, Section 9 was stricken out by the November 6, 1984,
amendment).
Section 10. Selection of officers; rules of proceedings; adjournment
Section 10. Each House, when assembled, shall choose its own officers,
the President of the Senate excepted; judge the elections,
qualifications, and returns of its own members; determine its rules of
proceeding, and sit upon its own adjournment. But neither House shall,
without the consent of the other, adjourn for more than three days,
nor to any place other than that in which it may be sitting.
Section 11. Quorum
Section 11. Two-thirds of each House shall constitute a quorum to do
business; but a smaller number may meet, adjourn from day to day, and
compel the attendance of absent members. A quorum being in attendance,
if either House fail to effect an organization within the first five
days thereafter, the members of the House so failing, shall be
entitled to no compensation, from the end of the said five days until
an organization shall have been effected.
Section 12. Journal; entry of yeas and nays
Section 12. Each House shall keep a journal of its proceedings, and
publish the same. The yeas and nays, on any question, shall, at the
request of any two members, be entered, together with the names of the
members demanding the same, on the journal; Provided, that on a motion
to adjourn, it shall require one-tenth of the members present to order
the yeas and nays.
Section 13. Open sessions and committee meetings
Section 13. The doors of each House, and of Committees of the Whole,
shall be kept open, except in such cases, as, in the opinion of either
House, may require secrecy.
Section 14. Discipline of members
Section 14. Either House may punish its members for disorderly
behavior, and may, with the concurrence of two-thirds, expel a member;
but not a second time for the same cause.
Section 15. Contempt by non-members; punishment
Section 15. Either House, during its session, may punish, by
imprisonment, any person not a member, who shall have been guilty of
disrespect to the House, by disorderly or contemptuous behavior, in
its presence; but such imprisonment shall not, at any one time, exceed
twenty-four hours.
Section 16. Legislative powers
Section 16. Each House shall have all powers, necessary for a branch
of the Legislative department of a free and independent State.
Section 17. Bills; raising revenue
Section 17. Bills may originate in either House, but may be amended or
rejected in the other; except that bills for raising revenue shall
originate in the House of Representatives.
Section 18. Reading and passage of bills
Section 18. Every bill shall be read, by title, on three several days,
in each House; unless, in case of emergency, two-thirds of the House
where such bill may be pending shall, by a vote of yeas and nays, deem
it expedient to dispense with this rule; but the reading of a bill, by
title, on its final passage, shall, in no case, be dispensed with; and
the vote on the passage of every bill or joint resolution shall be
taken by yeas and nays.
(History: As Amended November 6, 1984).
Section 19. One subject acts; exceptions
Section 19. An act, except an act for the codification, revision or
rearrangement of laws, shall be confined to one subject and matters
properly connected therewith.
(History: As Amended November 8, 1960 November 5. 1974).
Section 20. Acts and resolutions; plain language
Section 20. Every act and joint resolution shall be plainly worded,
avoiding, as far as practicable, the use of technical terms.
Section 21. Repealed
(Repealed November 8, 1960).
Section 22. Local and special laws; restrictions
Section 22. The General Assembly shall not pass local or special laws:
Providing for the punishment of crimes and misdemeanors;
Regulating the practice in courts of justice;
Providing for changing the venue in civil and criminal cases;
Granting divorces;
Changing the names of persons;
Providing for laying out, opening, and working on, highways,
and for the election or appointment of supervisors;
Vacating roads, town plats, streets, alleys, and public
squares;
Summoning and empaneling grand and petit juries, and providing
for their compensation;
Regulating county and township business;
Regulating the election of county and township officers and
their compensation;
Providing for the assessment and collection of taxes for State,
county, township, or road purposes;
Providing for the support of common schools, or the
preservation of school funds;
Relating to fees or salaries, except that the laws may be so
made as to grade the compensation of officers in proportion to
the population and the necessary services required;
Relating to interest on money;
Providing for opening and conducting elections of State,
county, or township officers, and designating the places of
voting;
Providing for the sale of real estate belonging to minors or
other persons laboring under legal disabilities, by executors,
administrators, guardians, or trustees.
(History: As Amended March 14, 1881; November 6. 1984).
Section 23. General and uniform laws
Section 23. In all the cases enumerated in the preceding section, and
in all other cases where a general law can be made applicable, all
laws shall be general, and of uniform operation throughout the State.
Section 24. Right to sue the state
Section 24. Provision may be made, by general law, for bringing suit
against the State; but no special law authorizing such suit to be
brought, or making compensation to any person claiming damages against
the State, shall ever be passed.
(History: As Amended November 6, 1984).
Section 25. Passage of bills and resolutions; signing
Section 25. A majority of all the members elected to each House, shall
be necessary to pass every bill or joint resolution; and all bills and
joint resolutions so passed, shall be signed by the Presiding Officers
of the respective Houses.
Section 26. Protest by members; entry of dissent on journal
Section 26. Any member of either House shall have the right to
protest, and to have his protest, with his reasons for dissent,
entered on the journal.
Section 27. Public laws
Section 27. Every statute shall be a public law, unless otherwise
declared in the statute itself.
Section 28. Effective date of acts
Section 28. No act shall take effect, until the same shall have been
published and circulated in the several counties of the State, by
authority, except in case of emergency, which emergency shall be
declared in the preamble, or in the body, of the law.
Section 29. Compensation of members; conditions
Section 29. The members of the General Assembly shall receive for
their services a compensation to be fixed by law; but no increase of
compensation shall take effect during the session at which such
increase may be made.
(History: As Amended November 3, 1970. The schedule adopted with the 1970
amendment to Article 4, Section 9 was stricken out by the November 6, 1984,
amendment).
Section 30. Holding of public office; eligibility
Section 30. No Senator or Representative shall, during the term for
which he may have been elected, be eligible to any office, the
election to which is vested in the General Assembly; nor shall he be
appointed to any civil office of profit, which shall have been
created, or the emoluments of which shall have been increased, during
such term; but this latter provision shall not be construed to apply
to any office elective by the People.
ARTICLE 5. Executive
Section 1. Governor; term of office
Section 1. The executive power of the State shall be vested in a
Governor. He shall hold his office during four years, and shall not be
eligible more than eight years in any period of twelve years.
(History: As Amended November 7, 1972).
Section 2. Lieutenant governor; term of office
Section 2. There shall be a Lieutenant Governor. who shall hold his
office during four years.
Section 3. Election of governor and lieutenant governor
Section 3. The Governor and Lieutenant Governor shall be elected at
the times and places of choosing members of the General Assembly.
Section 4. Method of voting
Section 4. Each candidate for Lieutenant Governor shall run jointly in
the general election with a candidate for Governor, and his name shall
appear jointly on the ballot with the candidate for Governor. Each
vote cast for a candidate for Governor shall be considered cast for
the candidate for Lieutenant Governor as well. The candidate for
Lieutenant Governor whose name appears on the ballot jointly with that
of the successful candidate for Governor shall be elected Lieutenant
Governor.
(History: As Amended November 5, 1974).
Section 5. Tie vote
Section 5. In the event of a tie vote, the Governor and Lieutenant
Governor shall be elected from the candidates having received the tie
vote by the affirmative vote in joint session of a majority of the
combined membership of both Houses as the first order of business
after their organization.
(History: As Amended November 5, 1974).
Section 6. Contested elections of governor and lieutenant governor
Section 6. Contested elections for Governor or Lieutenant Governor,
shall be determined by the General Assembly, in such manner as may be
prescribed by law.
Section 7. Qualifications of governor and lieutenant governor
Section 7. No person shall be eligible to the office of Governor or
Lieutenant Governor, who shall not have been five years a citizen of
the United States, and also a resident of the State of Indiana during
the five years next preceding his election; nor shall any person be
eligible to either of the said offices, who shall not have attained
the age of thirty years.
Section 8. Ineligible persons
Section 8. No member of Congress, or person holding any office under
the United States or under this State, shall fill the office of
Governor or Lieutenant Governor.
Section 9. Term of office; commencement
Section 9. The official term of the Governor and Lieutenant Governor
shall commence on the second Monday of January, in the year one
thousand eight hundred and fifty-three; and on the same day every
fourth year thereafter.
Section 10. Vacancies and disabilities; succession
Section 10. (a) In case the Governor-elect fails to assume office, or
in case of the death or resignation of the Governor or his removal
from office, the Lieutenant Governor shall become Governor and hold
office for the unexpired term of the person whom he succeeds. In case
the Governor is unable to discharge the powers and duties of his
office, the Lieutenant Governor shall discharge the powers and duties
of the office as Acting Governor.
(b) Whenever there is a vacancy in the office of Lieutenant Governor,
the Governor shall nominate a Lieutenant Governor who shall take
office upon confirmation by a majority vote in each house of the
general assembly and hold office for the unexpired term of the person
whom he succeeds. If the general assembly is not in session, the
Governor shall call it into special session to receive and act upon
the Governor's nomination. In the event of the inability of the
Lieutenant Governor to discharge the powers and duties of his office,
the General Assembly may provide by law for the manner in which a
person shall be selected to act in his place and declare which powers
and duties of the office such person shall discharge.
(c) Whenever the Governor transmits to the President pro tempore of
the Senate and the Speaker of the House of Representatives his written
declaration that he is unable to discharge the powers and duties of
his office, and until he transmits to them a written declaration to
the contrary, such powers and duties shall be discharged by the
Lieutenant Governor as Acting Governor. Thereafter, when the Governor
transmits to the President pro tempore of the Senate and the Speaker
of the House of Representatives his written declaration that no
inability exists, he shall resume the powers and duties of his office.
(d) Whenever the President pro tempore of the Senate and the Speaker
of the House of Representatives file with the Supreme Court a written
statement suggesting that the Governor is unable to discharge the
powers and duties of his office, the Supreme Court shall meet within
forty-eight hours to decide the question and such decision shall be
final. Thereafter, whenever the Governor files with the Supreme Court
his written declaration that no inability exists, the Supreme Court
shall meet within forty-eight hours to decide whether such be the case
and such decision shall be final. Upon a decision that no inability
exists, the Governor shall resume the powers and duties of his office.
(e) Whenever there is a vacancy in both the office of Governor and
Lieutenant Governor, the general assembly shall convene in joint
session forty-eight hours after such occurrence and elect a Governor
from and of the same political party as the immediately past Governor
by a majority vote of each house.
(History: As Amended November 7, 1978).
Section 11. President of the senate
Section 11. Whenever the Lieutenant Governor shall act as Governor, or
shall be unable to attend as President of the Senate, the Senate shall
elect one of its own members as President for the occasion.
Section 12. Commander-in-chief
Section 12. The Governor shall be commander-in-chief of the armed
forces, and may call out such forces, to execute the laws, or to
suppress insurrection, or to repel invasion.
(History: As Amended November 6, 1984).
Section 13. Messages by governor to general assembly
Section 13. The Governor shall, from time to time, give to the General
Assembly information touching the condition of the State, and
recommend such measures as he shall judge to be expedient.
(History: As Amended November 6, 1984).
Section 14. Presentment of bills for signature; veto power
Section 14. (a) Every bill which shall have passed the General
Assembly shall be presented to the Governor. The Governor shall have
seven days after the day of presentment to act upon such bill as
follows:
(1) He may sign it, in which event it shall become a law.
(2) He may veto it:
(A) In the event of a veto while the General Assembly is
in session, he shall return such bill, with his
objections, within seven days of presentment, to the
House in which it originated. If the Governor does not
return the bill within seven days of presentment, the
bill becomes a law notwithstanding the veto.
(B) If the Governor returns the bill under clause (A),
the House in which the bill originated shall enter the
Governor's objections at large upon its journals and
proceed to reconsider and vote upon whether to approve
the bill. The bill must be reconsidered and voted upon
within the time set out in clause (C). If, after such
reconsideration and vote, a majority of all the members
elected to that House shall approve the bill, it shall be
sent, with the Governor's objections, to the other House,
by which it shall likewise be reconsidered and voted
upon, and, if approved by a majority of all the members
elected to that House, it shall be a law.
(C) If the Governor returns the bill under clause (A),
the General Assembly shall reconsider and vote upon the
approval of the bill before the final adjournment of the
next regular session of the General Assembly that follows
the regular or special session in which the bill was
originally passed. If the House in which the bill
originated does not approve the bill under clause (B),
the other House is not required to reconsider and vote
upon the approval of the bill. If, after voting, either
House fails to approve the bill within this time, the
veto is sustained.
(D) In the event of a veto after final adjournment of a
session of the General Assembly, such bill shall be
returned by the Governor to the House in which it
originated on the first day that the General Assembly is
in session after such adjournment, which House shall
proceed in the same manner as with a bill vetoed before
adjournment. The bill must be reconsidered and voted upon
within the time set out in clause (C). If such bill is
not so returned, it shall be a law notwithstanding such
veto.
(3) He may refuse to sign or veto such bill in which event it
shall become a law without his signature on the eighth
day after presentment to the Governor.
(b) Every bill presented to the Governor which is signed by him or on
which he fails to act within said seven days after presentment shall
be filed with the Secretary of State within ten days of presentment.
The failure to so file shall not prevent such a bill from becoming a
law.
(c) In the event a bill is passed over the Governor's veto, such bill
shall be filed with the Secretary of State without further presentment
to the Governor, provided that, in the event of such passage over the
Governor's veto in the next succeeding General Assembly, the passage
shall be deemed to have been the action of the General Assembly which
initially passed such bill.
(History: As Amended November 7, 1972 Nov. 6, 1990).
Section 15. Administrative officers and departments
Section 15. The Governor shall transact all necessary business with
the officers of government, and may require information in writing
from the officers of the administrative department, upon any subject
relating to the duties of their respective offices.
Section 16. Laws faithfully executed
Section 16. The Governor shall take care that the laws are faithfully
executed.
(History: As Amended November 6, 1984).
Section 17. Pardons and reprieves; exception
Section 17. The Governor may grant reprieves, commutations, and
pardons, after conviction, for all offenses except treason and cases
of impeachment, subject to such regulations as may be provided by law.
Upon conviction for treason, the Governor may suspend the execution of
the sentence, until the case has been reported to the General
Assembly, at its next meeting, when the General Assembly shall either
grant a pardon, commute the sentence, direct the execution of the
sentence, or grant a further reprieve. The Governor may remit fines
and forfeitures, under such regulations as may be provided by law; and
shall report to the General Assembly, at its next meeting, each case
of reprieve, commutation, or pardon granted, and also the names of all
persons in whose favor remission of fines and forfeitures were made,
and the several amounts remitted; provided, however, the General
Assembly may, by law, constitute a council composed of officers of
State, without whose advice and consent the Governor may not grant
pardons, in any case, except those left to his sole power by law.
(History: As Amended November 6, 1984).
Section 18. Vacancies; filling during recess
Section 18. When, during a recess of the General Assembly, a vacancy
shall happen in any office, the appointment to which is vested in the
General Assembly; or when, at any time, a vacancy shall have occurred
in any other State office, or in the office of Judge of any Court; the
Governor shall fill such vacancy, by appointment, which shall expire,
when a successor shall have been elected and qualified.
Section 19. Repealed
(Repealed November 6, 1984).
Section 20. Meeting place of general assembly
Section 20. Should the seat of government become dangerous from
disease or a common enemy, the Governor may convene the General
Assembly at any other place.
(History: As Amended November 6, 1984).
Section 21. Functions and duties of lieutenant governor
Section 21. The Lieutenant Governor shall, by virtue of his office, be
President of the Senate; have a right, when in committee of the whole,
to join in debate, and to vote on all subjects; and, whenever the
Senate shall be equally divided, he shall give the casting vote.
Section 22. Compensation of governor
Section 22. The Governor shall, at stated times, receive for his
services a compensation, which shall neither be increased nor
diminished, during the term for which he shall have been elected.
Section 23. Compensation of lieutenant governor
Section 23. The Lieutenant Governor, while he shall act as President
of the Senate, shall receive, for his services, the same compensation
as the Speaker of the House of Representatives; and any person, acting
as Governor, shall receive the compensation attached to the office of
Governor.
Section 24. Dual holding of office
Section 24. Neither the Governor nor Lieutenant Governor shall be
eligible to any other office, during the term for which he shall have
been elected.
ARTICLE 6. Administrative
Section 1. State officers; secretary, auditor and treasurer: election
Section 1. There shall be elected, by the voters of the state, a
Secretary, an Auditor and a Treasurer of State, who shall, severally,
hold their offices for four years. They shall perform such duties as
may be enjoined by law; and no person shall be eligible to either of
said offices, more than eight years in any period of twelve years.
(History: As Amended November 3, 1970).
Section 2. County officers; clerk of circuit court, auditor, recorder,
treasurer, sheriff, coroner and surveyor; election
Section 2. There shall be elected, in each county by the voters
thereof, at the time of holding general elections, a Clerk of the
Circuit Court, Auditor, Recorder, Treasurer, Sheriff, Coroner, and
Surveyor, who shall, severally, hold their offices for four years; and
no person shall be eligible to the office of Clerk, Auditor, Recorder,
Treasurer, Sheriff, or Coroner more than eight years in any period of
twelve years.
(History: As Amended November 4, 1952; November 6, 1984).
Section 3. Election or appointment of other county and township officers
Section 3. Such other county and township officers as may be
necessary, shall be elected, or appointed, in such manner as may be
prescribed by law.
Section 4. County officers; qualifications
Section 4. No person shall be elected, or appointed, as a county
officer, who is not an elector of the county and who has not been an
inhabitant of the county one year next preceding his election or
appointment.
(History: As Amended November 6, 1984).
Section 5. State officers; residence
Section 5. The Governor, and the Secretary, Auditor, and Treasurer of
State, shall, severally, reside and keep the public records, books,
and papers, in any manner relating to their respective offices, at the
seat of government.
Section 6. Local officers; residence
Section 6. All county, township, and town officers, shall reside
within their respective counties, townships, and towns; and shall keep
their respective - offices at such places therein, and perform such
duties, as may be directed by law.
Section 7. State officers; removal methods; impeachment
Section 7. All State officers shall, for crime, incapacity, or
negligence, be liable to be removed from office, either by impeachment
by the House of Representatives, to be tried by the Senate, or by a
joint resolution of the General Assembly; two-thirds of the members
elected to each branch voting, in either case, therefor.
Section 8. State, county, township and town officers; impeachment and removal
Section 8. All State, county, township, and town officers, may be
impeached, or removed from office, in such manner as may be prescribed
by law.
Section 9. County, township and town offices; vacancies
Section 9. Vacancies in county, township, and town of fices, shall be
filled in such manner as may be prescribed by law.
Section 10. Powers of county boards
Section 10. The General Assembly may confer upon the boards doing
county business in the several counties, powers of a local,
administrative character.
Section 11. Repealed
(Repealed November 6, 1984).
ARTICLE 7. Judicial.
Section 1. Judicial power
Section 1. Judicial Power. The judicial power of the State shall be
vested in one Supreme Court, one Court of Appeals, Circuit Courts, and
such other courts as the General Assembly may establish.
(History: As Amended March 14, 1881; November 3, 1970).
Section 2. Supreme Court
Section 2. Supreme Court. The Supreme Court shall consist of the Chief
Justice of the State and not less than four nor more than eight
associate justices; a majority of whom shall form a quorum. The court
may appoint such personnel as may be necessary.
(History: As Amended November 3, 1970).
Section 3. Chief Justice
Section 3. Chief Justice. The Chief Justice of the State shall be
selected by the judicial nominating commission from the members of the
Supreme Court and he shall retain that office for a period of five
years, subject to reappointment in the same manner, except that a
member of the Court may resign the office of Chief Justice without
resigning from the Court. During a vacancy in the office of Chief
Justice caused by absence, illness, incapacity or resignation all
powers and duties of that office shall devolve upon the member of the
Supreme Court who is senior in length of service and if equal in
length of service the determination shall be by lot until such time as
the cause of the vacancy is terminated or the vacancy is filled.
The Chief Justice of the State shall appoint such persons as the
General Assembly by law may provide for the administration of his
office. The Chief Justice shall have prepared and submit to the
General Assembly regular reports on the condition of the courts and
such other reports as may be requested.
(History: As Amended November 3, 1970).
Section 4. Jurisdiction of Supreme Court
Section 4. The Supreme Court shall have no original jurisdiction
except in admission to the practice of law; discipline or disbarment
of those admitted; the unauthorized practice of law; discipline,
removal, and retirement of justices and judges; supervision of the
exercise of jurisdiction by the other courts of the State; and
issuance of writs necessary or appropriate in aid of its jurisdiction.
The Supreme Court shall exercise appellate jurisdiction under such
terms and conditions as specified by rules except that appeals from a
judgment imposing a sentence of death life imprisonment or
imprisonment for a term greater than fifty years shall be taken
directly to the Supreme Court. The Supreme Court shall have, in all
appeals of criminal cases, the power to review all questions of law
and to review and revise the sentence imposed.
(History: As Amended November 3, 1970; November 8, 1988).
Section 5. Court of Appeals
Section 5. Court of Appeals. The Court of Appeals shall consist of as
many geographic districts and sit at such locations as the General
Assembly shall determine to be necessary. Each geographic district of
the Court shall consist of three judges. The judges of each geographic
district shall appoint such personnel as the General Assembly may
provide by law.
(History: As Amended November 3, 1970).
Section 6. Jurisdiction of Court of Appeals
Section 6. Jurisdiction of Court of Appeals. The Court shall have no
original jurisdiction, except that it may be authorized by rules of
the Supreme Court to review directly decisions of administrative
agencies. In all other cases, it shall exercise appellate jurisdiction
under such terms and conditions as the Supreme Court shall specify by
rules which shall, however, provide in all cases an absolute right to
one appeal and to the extent provided by rule, review and revision of
sentences for defendants in all criminal cases.
(History: As Amended November 3, 1970).
Section 7. Judicial circuits
Section 7. Judicial Circuits. The State shall, from time to time, be
divided into judicial circuits; and a Judge for each circuit shall be
elected by the voters thereof. He shall reside within the circuit and
shall have been duly admitted to practice law by the Supreme Court of
Indiana; he shall hold his office for the term of six years, if he so
long behaves well.
(History: As Amended November 3, 1970).
Section 8. Circuit courts
Section 8. Circuit Courts. The Circuit Courts shall have such civil
and criminal jurisdiction as may be prescribed by law.
(History: As Amended November 3, 1970).
Section 9. Judicial nominating commission
Section 9. Judicial Nominating Commission. There shall be one judicial
nominating commission for the Supreme Court and Court of Appeals. This
commission shall, in addition, be the commission on judicial
qualifications for the Supreme Court and Court of Appeals.
The judicial nominating commission shall consist of seven members, a
majority of whom shall form a quorum, one of whom shall be the Chief
Justice of the State or a Justice of the Supreme Court whom he may
designate, who shall act as chairman. Those admitted to the practice
of law shall elect three of their number to serve as members of said
commission. All elections shall be in such manner as the General
Assembly may provide. The Governor shall appoint to the commission
three citizens, not admitted to the practice of law. The terms of
office and compensation for members of a judicial nominating
commission shall be fixed by the General Assembly. No member of a
judicial nominating commission other than the Chief Justice or his
designee shall hold any other salaried public office. No member shall
hold an office in a political party or organization. No member of the
judicial nominating commission shall be eligible for appointment to a
judicial office so long as he is a member of the commission and for a
period of three years thereafter.
(History: As Amended November 8, 1960; November 3, 1970).
Section 10. Selection of justices of the Supreme Court and judges of the
Court of Appeals
Section 10. Selection of Justices of the Supreme Court and Judges of
the Court of Appeals. A vacancy in a judicial office in the Supreme
Court or Court of Appeals shall be filled by the Governor, without
regard to political affiliation, from a list of three nominees
presented to him by the judicial nominating commission. If the
Governor shall fail to make an appointment from the list within sixty
days from the day it is presented to him, the appointment shall be
made by the Chief Justice or the acting Chief Justice from the same
list.
To be eligible for nomination as a justice of the Supreme Court or
Judge of the Court of Appeals, a person must be domiciled within the
geographic district, a citizen of the United States, admitted to the
practice of law in the courts of the State for a period of not less
than ten (10) years or must have served as a judge of a circuit,
superior or criminal court of the State of Indiana for a period of not
less than five (5) years.
(History: As Amended November 3, 1970).
Section 11. Tenure of justices of Supreme Court and judges of the Court of
Appeals
Section 11. Tenure of Justices of Supreme Court and Judges of the
Court of Appeals. A justice of the Supreme Court or Judge of the Court
of Appeals shall serve until the next general election following the
expiration of two years from the date of appointment, and subject to
approval or rejection by the electorate, shall continue to serve for
terms of ten years, so long as he retains his office. In the case of a
justice of the Supreme Court, the electorate of the entire state shall
vote on the question of approval or rejection. In the case of judges
of the Court of Appeals the electorate of the geographic district in
which he serves shall vote on the question of approval or rejection.
Every such justice and judge shall retire at the age specified by
statute in effect at the commencement of his current term.
Every such justice or judge is disqualified from acting as a judicial
officer, without loss of salary, while there is pending (1) an
indictment or information charging him in any court in the United
States with a crime punishable as a felony under the laws of Indiana
or the United States, or (2) a recommendation to the Supreme Court by
the commission on judicial qualifications for his removal or
retirement.
On recommendation of the commission on judicial qualifications or on
its own motion, the Supreme Court may suspend such justice or judge
from office without salary when in any court in the United States he
pleads guilty or no contest or is found guilty of a crime punishable
as a felony under the laws of Indiana or the United States, or of any
other crime that involves moral turpitude under that law. If his
conviction is reversed, suspension terminates and he shall be paid his
salary for the period of suspension. If he is suspended and his
conviction becomes final the Supreme Court shall remove him from
office.
On recommendation of the commission on judicial qualifications the
Supreme Court may (1) retire such justice or judge for disability that
seriously interferes with the performance of his duties and is or is
likely to become permanent, and (2) censure or remove such justice or
judge, for action occurring not more than six years prior to the
commencement of his current term, when such action constitutes willful
misconduct in office, willful and persistent failure to perform his
duties, habitual intemperance, or conduct prejudicial to the
administration of justice that brings the judicial office into
disrepute.
A justice or judge so retired by the Supreme Court shall be considered
to have retired voluntarily. A justice or judge so removed by the
Supreme Court is ineligible for judicial office and pending further
order of the Court he is suspended from practicing law in this State.
Upon receipt by the Supreme Court of any such recommendation, the
Court shall hold a hearing, at which such justice or judge is entitled
to be present, and make such determinations as shall be required. No
justice shall participate in the determination of such hearing when it
concerns himself.
The Supreme Court shall make rules implementing this section and
provide for convening of hearings. Hearings and proceedings shall be
public upon request of the justice or judge whom it concerns.
No such justice or judge shall, during his term of office, engage in
the practice of law, run for elective office other than a judicial
office, directly or indirectly make any contribution to, or hold any
office in, a political party or organization or take part in any
political campaign.
(History: As Amended November 4, 1952 November 3, 1970).
Section 12. Substitution of judges
Section 12. Substitution of Judges. The General Assembly may provide,
by law, that the Judge of one circuit may hold the Courts of another
circuit, in cases of necessity or convenience; and in case of
temporary inability of any Judge, from sickness or other cause, to
hold the Courts in his circuit, provision may be made, by law, for
holding such courts.
(History: As Amended November 3, 1970).
Section 13. Removal of circuit court judges and Prosecuting attorneys
Section 13. Removal of Circuit Court Judges and Prosecuting Attorneys.
Any Judge of the Circuit Court or Prosecuting Attorney, who shall have
been convicted of corruption or other high crime, may, on information
in the name of the State, be removed from office by the Supreme Court,
or in such other manner as may be prescribed by law.
(History: As Amended November 3, 1970).
Section 14. Repealed
(Repealed November 6, 1984).
Section 15. No limitation on term office
Section 15. No Limitation on Term of Office. The provisions of Article
15, Section 2, prohibiting terms of office longer than four years,
shall not apply to justices and judges.
(History: As Amended November 3, 1970).
Section 16. Prosecuting attorneys
Section 16. Prosecuting Attorneys. There shall be elected in each
judicial circuit by the voters thereof a prosecuting attorney, who
shall have been admitted to the practice of law in this State before
his election, who shall hold his office for four years, and whose term
of office shall begin on the first day of January next succeeding his
election. The election of prosecuting attorneys under this section
shall be held at the time of holding the general election in the year
1974 and each four years thereafter.
(History: As Amended November 3, 1970).
Section 17. Grand jury
Section 17. Grand Jury. The General Assembly may modify, or abolish,
the grand jury system.
(History: As Amended November 3, 1970
Section 18. Criminal prosecutions
Section 18. Criminal Prosecutions. All criminal prosecutions shall be
carried on in the name, and by the authority of the state; and the
style of all process shall be: "The State of Indiana."
(History: As Amended November 3, 1970
Section 19. Pay
Section 19. Pay. The Justices of Supreme Court and Judges of the Court
of Appeals and the Circuit Courts shall at stated times receive
compensation which shall not be diminished during their continuance in
office.
(History: As Amended November 3, 1971,
Section 20. Repealed
(Repealed November 6, 1984. The schedule adopted with the November 3,
1970, amendment to Article 7 was stricken out by the November 1984,
amendment).
Section 21. Repealed
(Repealed November 8, 1932).
ARTICLE 8. Education
Section 1. Common schools system
Section 1. Knowledge and learning, general diffused throughout a
community, being essential to the preservation of a free government;
it should be the duty of the General Assembly to encourage, by all
suitable means, moral, intellectual scientific, and agricultural
improvement; and provide, by law, for a general and uniform system of
Common Schools, wherein tuition shall without charge, and equally open
to all.
Section 2. Common school fund
Section 2. The Common School fund shall consist of the Congressional
Township fund, and the lands belonging thereto;
The Surplus Revenue fund;
The Saline fund and the lands belonging thereto;
The Bank Tax fund, and the fund arising from the one
hundred and fourteenth section of the charter of the
State Bank of Indiana;
The fund to be derived from the sale of County
Seminaries, and the moneys and property heretofore held
for such Seminaries; from the fines assessed for breaches
of the penal laws of the State; and from all forfeitures
which may accrue;
All lands and other estate which shall escheat to the
State, for want of heirs or kindred entitled to the
inheritance;
All lands that have been, or may hereafter be, granted to
the State, where no special purpose is expressed in the
grant, and the proceeds of the sales thereof; including
the proceeds of the sales of the Swamp Lands, granted to
the State of Indiana by the act of Congress of the twenty
eighth of September, eighteen hundred and fifty, after
deducting the expense of selecting and draining the same;
Taxes on the property of corporations, that may be
assessed by the General Assembly for common school
purposes.
Section 3. Principal and income of fund
Section 3. The principal of the Common School fund shall remain a
perpetual fund, which may be increased, but shall never be diminished;
and the income thereof shall be inviolably appropriated to the support
of Common Schools, and to no other purpose whatever.
Section 4. Investment and distribution of fund interest
Section 4. The General Assembly shall invest, in some safe and
profitable manner, all such portions of the Common School fund, as
have not heretofore been entrusted to the several counties and shall
make provision, by law, for the distribution, among the several
counties, of the interest thereof.
Section 5. Reinvestment of unused interest
Section 5. If any county shall fail to demand its proportion of such
interest, for Common School purposes, the same shall be reinvested,
for the benefit of such county.
Section 6. Preservation of fund by counties; liability
Section 6. The several counties shall be held liable for the
preservation of so much of the said fund as may be entrusted to them,
and for the payment of the annual interest thereon.
Section 7. State trust funds inviolate
Section 7. All trust funds, held by the State, shall remain inviolate,
and be faithfully and exclusively applied to the purposes for which
the trust was created.
Section 8. State superintendent of public instruction
Section 8. There shall be a State Superintendent of Public
Instruction, whose method of selection, tenure, duties and
compensation shall be prescribed by law.
(History: As Amended November 7, 1972. The schedule adopted under the 1972
amendment to Article 8, Section 8. was stricken out by the November 6,
1984, amendment).
ARTICLE 9. State Institutions
Section 1. Institutions for the deaf, mute, blind, and the insane
Section 1. It shall be the duty of the General Assembly to provide, by
law, for the support of institutions for the education of the deaf,
the mute, and the blind; and, for the treatment of the insane.
(History: As amended November 6, 1981).
Section 2. Institutions for juvenile offenders
Section 2. The General Assembly shall provide institutions for the
correction and reformation of juvenile offenders.
(History: As Amended November 6, 1984).
Section 3. County asylum farms
Section 3. The counties may provide farms, as an asylum for those
persons who, by reason of age, infirmity, or other misfortune, have
claims upon the sympathies and aid of society.
(History: As Amended November 6, 1984).
ARTICLE 10. Finance
Section 1. Property assessment and taxation
Section 1. (a) The General Assembly shall provide, by law, for a
uniform and equal rate of property assessment and taxation and shall
prescribe regulations to secure a just valuation for taxation of all
property, both real and personal. The General Assembly may exempt from
property taxation any property in any of the following classes:
(1) Property being used for municipal, educational, literary,
scientific, religious or charitable purposes;
(2) Tangible personal property other than property being held
for sale in the ordinary course of a trade or business,
property being held, used or consumed in connection with the
production of income, or property being held as an investment;
(3) Intangible personal property.
(b) The General Assembly may exempt any motor vehicles, mobile homes,
airplanes, boats, trailers or similar property, provided that an
excise tax in lieu of the property tax is substituted therefor.
(History: As Amended November 8, 1966).
Section 2. Public debt; payment
Section 2. All the revenues derived from the sale of an~ of the public
works belonging to the State, and from the net annual income thereof,
and any surplus that may, at any time, remain in the Treasury, derived
from taxation for general State purposes, after the payment of the
ordinary expenses of the government, and of the interest on bonds of
the State, other than Bank bonds; shall be annually applied, under the
direction of the General Assembly, to the payment of the principal of
the Public Debt.
Section 3. Appropriations made by law
Section 3. No money shall be drawn from the Treasury, but in pursuance
of appropriations made by law.
Section 4. Receipts and expenditures; publication
Section 4. An accurate statement of the receipts and expenditures of
the public money, shall be published with the laws of each regular
session of the General Assembly.
Section 5. State debt; requirements
Section 5. No law shall authorize any debt to be contracted, on behalf
of the State, except in the following cases: to meet casual deficits
in the revenue; to pay the interest on the State Debt; to repel
invasion, suppress insurrection, or, if hostilities be threatened,
provide for the public defense.
Section 6. Corporation stock and subscription by counties; state assumption
of county debts
Section 6. No county shall subscribe for stock in any incorporated
company, unless the same be paid for at the time of such subscription;
nor shall any county loan its credit to any incorporated company, nor
borrow money for the purpose of taking stock in any such company; nor
shall the General Assembly ever, on behalf of the State, assume the
debts of any county, city, town, or township; nor of any corporation
whatever.
Section 7. Wabash and Erie Canal
Section 7. No law or resolution shall ever be passed by the General
Assembly of the State of Indiana, that shall recognize any liability
of this State to pay or redeem any certificate of stock issued in
pursuance of an act entitled "An Act to provide for the funded debt of
the State of Indiana, and for the completion of the Wabash and Erie
Canal to Evansville," passed January 19th, 1846; and an act
supplemental to said act, passed January 29th, 1847, which, by the
provisions of the said acts, or either of them, shall be payable
exclusively from the proceeds of the canal lands, and the tolls and
revenues of the canal, in said acts mentioned, and no such
certificates or stocks shall ever be paid by this State.
(History: Added February 18, 1873).
Section 8. Income tax; levy and collection authorized
Section 8. The general assembly may levy and collect a tax upon
income, from whatever source derived, at such rates, in such manner,
and with such exemptions as may be prescribed by law.
(History: Added November 8, 1932).
ARTICLE 11. Corporations
Section 1. Banks, banking companies and moneyed institutions; incorporation
Section 1. The General Assembly shall not have power to establish, or
incorporate, any bank or banking company, or moneyed institution, for
the purpose of issuing bills of credit, or bills payable to order or
bearer, except under the conditions prescribed in this Constitution.
Section 2. General banking laws; exception
Section 2. No banks shall be established otherwise than under a
general banking law, except as provided in the fourth section of this
article.
Section 3. Registry by state of notes
Section 3. If the General Assembly shall enact a general banking law,
such law shall provide for the registry and countersigning, by an
officer of State, of all paper credit designed to be circulated as
money; and ample collateral security, readily convertible into specie,
for the redemption of the same in gold or silver, shall be required;
which collateral security shall be under the control of the proper
officer or officers of State.
Section 4. Banks and branches of banks; charter
Section 4. The General Assembly may also charter a bank with branches,
without collateral security as required in the preceding section.
Section 5. Bank branches mutually liable
Section 5. If the General Assembly shall establish a bank with
branches, the branches shall be mutually responsible for each other's
liabilities upon all paper credit issued as money.
Section 6. Repealed
(Repealed November 5, 1940).
Section 7. Redemption of bills and notes
Section 7. All bills or notes issued as money shall be, at all times,
redeemable in gold or silver; and no law shall be passed, sanctioning,
directly or indirectly, the suspension, by any bank or banking company
of specie payments.
Section 8. Holders of bank notes; preference
Section 8. Holders of bank notes shall be entitled, in case of
insolvency, to preference of payment over all other creditors.
Section 9. Interest rate
Section 9. No bank shall receive, directly or indirectly, a greater
rate of interest than shall be allowed, by law, to individuals loaning
money.
Section 10. Repealed
(Repealed November 5, 1940).
Section 11. Trust funds; investment in banks with branches
Section 11. The General Assembly is not prohibited from investing the
Trust Funds in a bank with branches; but in case of such investment,
the safety of the same shall be guarantied by unquestionable security.
Section 12. State as stockholder in banks; prohibition
Section 12. The State shall not be a stockholder in any bank; nor
shall the credit of the State ever be given, or loaned, in aid of any
person, association or corporation; nor shall the State become a
stockholder in any corporation or association.
(History: As amended November 6, 1984).
Section 13. Corporations other than banking; creation
Section 13. Corporations, other than banking, shall not be created by
special act, but may be formed under general laws.
Section 14. Liability of stockholders
Section 14. Dues from corporations shall be secured by such individual
liability of the stockholders, or other means, as may be prescribed by
law.
(History: As Amended November 5, 1940).
ARTICLE 12. Militia
Section 1. Membership
Section 1. A militia shall be provided and shall consist of all
persons over the age of seventeen (17) years, except those persons who
may be exempted by the laws of the United States or of this state. The
militia may be divided into active and inactive classes and consist of
such military organizations as may be provided by law.
(History: As Amended November 3, 1936; November 5, 1974).
Section 2. Commander-in-chief
Section 2. The Governor is Commander-in-Chief of the militia and other
military forces of this state.
(History: As Amended November 5, 1974).
Section 3. Adjutant general
Section 3. There shall be an Adjutant General, who shall be appointed
by the Governor.
(History: As Amended November 5, 1974).
Section 4. Conscientious objectors
Section 4. No person, conscientiously opposed to bearing arms, shall
be compelled to do so in the militia.
(History: As Amended November 5, 1974).
Section 5. Repealed
(Repealed November 5, 1974).
Section 6. Repealed
(Repealed November 5, 1974).
ARTICLE 13. Indebtedness
Section 1. Limitation on debt; excess; exceptions
Section 1. No political or municipal corporation in this State shall
ever become indebted, in any manner or for any purpose, to an amount,
in the aggregate, exceeding two per centum on the value of the taxable
property within such corporation, to be ascertained by the last
assessment for State and county taxes, previous to the incurring of
such indebtedness; and all bonds or obligations, in excess of such
amount, given by such corporations, shall be void: Provided, That in
time of war, foreign invasion, or other great public calamity, on
petition of a majority of the property owners in number and value,
within the limits of such corporation, the public authorities in their
discretion, may incur obligation necessary for the public protection
and defense to such amount as may be requested in such petition.
(History: As Amended March 14, 1881).
ARTICLE 14. Boundaries
Section 1. Boundaries of state established
Section 1. In order that the boundaries of the State may be known and
established, it is hereby ordained and declared, that the State of
Indiana is bounded, on the East, by the meridian line, which forms the
western boundary of the State of Ohio; on the South, by the Ohio
river, from the mouth of the Great Miami river to the mouth of the
Wabash river; on the West, by a line drawn along the middle of the
Wabash river, from its mouth to a point where a due north line, drawn
from the town of Vincennes, would last touch the north-western shore
of said Wabash river; and, thence, by a due north line, until the same
shall intersect an east and west line, drawn through a point ten miles
north of the southern extreme of Lake Michigan; on the North, by said
east and west line, until the same shall intersect the first mentioned
meridian line, which forms the western boundary of the State of Ohio.
Section 2. Jurisdiction and sovereignty
Section 2. The State of Indiana shall possess jurisdiction and
sovereignty co-extensive with the boundaries declared in the preceding
section; and shall have concurrent jurisdiction, in civil and criminal
cases, with the State of Kentucky on the Ohio river, and with the
State of Illinois on the Wabash river. so far as said rivers form the
common boundary between this State and said States respectively.
ARTICLE 15. Miscellaneous
Section 1. Nonconstitutional officers; appointment
Section 1. All officers, whose appointment is not otherwise provided
for in this Constitution, shall be chosen in such manner as now is, or
hereafter may be, prescribed by law.
Section 2. Term of office
Section 2. When the duration of any office is not provided for by this
Constitution, it may be declared by law; and, if not so declared, such
office shall be held during the pleasure of the authority making the
appointment. But the General Assembly shall not create any office, the
tenure of which shall be longer than four years.
Section 3. Holding over of office pending successor Section 3.
Whenever it is provided in this Constitution, or in any law which may
be hereafter passed, that any officer, other than a member of the
General Assembly, shall hold his office for any given term, the same
shall be construed to mean, that such officer shall hold his office
for such term, and until his successor shall have been elected and
qualified.
Section 4. Oath or affirmation of office
Section 4. Every person elected or appointed to any office under this
Constitution, shall, before entering on the duties thereof, take an
oath or affirmation, to support the Constitution of this State, and of
the United States, and also an oath of office.
Section 5. Seal of state
Section 5. There shall be a Seal of State, kept by the Governor for
official purposes, which shall be called the Seal of the State of
Indiana.
Section 6. Commission issued by state
Section 6. All commissions shall issue in the name of the State, shall
be signed by the Governor, sealed with the State Seal, and attested by
the Secretary of State.
Section 7. Areas of counties
Section 7. No county shall be reduced to an area less than four
hundred square miles; nor shall any county, under that area, be
further reduced.
Section 8. Repealed
(Repealed November 8, 1988.)
Section 9. State grounds in Indianapolis
Section 9. The following grounds owned by the State in Indianapolis,
namely: the State House Square, the Governor's Circle, and so much of
out-lot numbered one hundred and forty-seven, as lies north of the arm
of the Central Canal, shall not be sold or leased.
Section 10. Tippecanoe Battle Ground
Section 10. It shall be the duty of the General Assembly, to provide
for the permanent enclosure and preservation of the Tippecanoe Battle
Ground.
ARTICLE 16. Amendments
Section 1. Constitutional amendments; procedure
Section 1. Any amendment or amendments to this Constitution, may be
proposed in either branch of the General Assembly; and, if the same
shall be agreed to by a majority of the members elected to each of the
two houses, such proposed amendment or amendments shall, with the yeas
and nays thereon, be entered on their journals, and referred to the
General Assembly to be chosen at the next general election; and if, in
the General Assembly so next chosen, such proposed amendment or
amendments shall be agreed to by a majority of all the members elected
to each House, then it shall be the duty of the General Assembly to
submit such amendment or amendments to the electors of the State; and
if a majority of said electors shall ratify the same, such amendment
or amendments shall become a part of this Constitution.
Section 2. Multiple amendments; separate vote
Section 2. If two or more amendments shall be submitted at the same
time, they shall be submitted in such manner that the electors shall
vote for or against each of such amendments separately.
(History: As Amended November 8, 1966).
SCHEDULE
Whenever a portion of the citizens of the counties of Perry and
Spencer, shall deem it expedient to form, of the contiguous territory
of said counties, a new County, it shall be the duty of those
interested in the organization of such new county, to lay off the
same, by proper metes and bounds, of equal portions as nearly as
practicable, not to exceed one-third of the territory of each of said
counties. The proposal to create such new county shall be submitted to
the voters of said counties, at a general election, in such manner as
shall be prescribed by law. And if a majority of all the votes given
at said election, shall be in favor of the organization of said new
county, it shall be the duty of the General Assembly to organize the
same, out of the territory thus designated.
The General Assembly may alter or amend the charter of Clarksville,
and make such regulations as may be necessary for carrying into effect
the objects contemplated in granting the same; and the funds belonging
to said town shall be applied. according to the intention of the
grantor.
(History: As Amended November 6, 1984).
|
