State constitution
Constitution of Indiana
Data from Indiana General Assembly
Full article/section structure with condensed section text (Indiana prints its articles in Arabic numerals). Sections repealed, eliminated, or stricken by amendment are retained with their numbers and flagged. Article 13 was originally 'Negroes and Mulattoes' (void and struck); it is now 'Indebtedness.' Read the verbatim text at the source link.
Article 1 Bill of Rights
§ 1 Inherent rights
All people are created equal and endowed with inalienable rights, including life, liberty, and the pursuit of happiness; all power is inherent in the people, who retain an indefeasible right to alter and reform their government.
§ 2 Right to worship
All people shall be secured in the natural right to worship Almighty God according to the dictates of their own consciences.
§ 3 Freedom of religious opinion
No law shall control the free exercise and enjoyment of religious opinions or interfere with the rights of conscience.
§ 4 No compelled religious support
No preference shall be given by law to any creed or mode of worship, and no person shall be compelled to attend or support any place of worship or ministry.
§ 5 No religious test
No religious test shall be required as a qualification for any office of trust or profit.
§ 6 No public money for religion
No money shall be drawn from the treasury for the benefit of any religious or theological institution.
§ 7 Religious competency of witnesses
No person shall be rendered incompetent as a witness because of their opinions on matters of religion.
§ 8 Mode of oath
The mode of administering an oath or affirmation shall be such as is most consistent with and binding upon the conscience of the person taking it.
§ 9 Freedom of thought and speech
No law shall restrain the free interchange of thought and opinion or restrict the right to speak, write, or print freely on any subject, being responsible for the abuse of that right.
§ 10 Truth in libel prosecutions
In all prosecutions for libel, the truth of the matters alleged may be given in justification, and the jury has the right to determine the law and the facts.
§ 11 Search and seizure
The people are secure against unreasonable search or seizure, and warrants may issue only on probable cause supported by oath and particular description.
§ 12 Open courts; remedy for injury
All courts shall be open, and every person shall have a remedy by due course of law, administered completely and without delay.
§ 13 Rights of accused; victims' rights
The accused has the right to a public trial by an impartial jury, to counsel, to know the charge, to confront witnesses, and to compulsory process; crime victims are treated with fairness, dignity, and respect.
§ 14 Double jeopardy; self-incrimination
No person shall be twice put in jeopardy for the same offense nor be compelled in a criminal prosecution to testify against themselves.
§ 15 Treatment of the arrested
No person arrested or confined in jail shall be treated with unnecessary rigor.
§ 16 Bail, fines, punishment; proportional penalties
Excessive bail shall not be required, excessive fines shall not be imposed, cruel and unusual punishments shall not be inflicted, and all penalties shall be proportioned to the nature of the offense.
§ 17 Bailable offenses
Offenses other than murder or treason shall be bailable, and murder or treason shall not be bailable when the proof is evident or the presumption strong.
§ 18 Reformation as basis of penal code
The penal code shall be founded on the principles of reformation and not of vindictive justice.
§ 19 Jury determines law and facts
In all criminal cases the jury shall have the right to determine the law and the facts.
§ 20 Civil jury trial
In all civil cases the right of trial by jury shall remain inviolate.
§ 21 Compensation for services and property
No person's particular services shall be demanded, and no property taken, without just compensation.
§ 22 Debtor exemptions; no imprisonment for debt
Wholesome exemption laws shall protect the debtor's necessary comforts of life, and there shall be no imprisonment for debt except in cases of fraud.
§ 23 Equal privileges and immunities
The General Assembly shall not grant to any citizen or class of citizens privileges or immunities that do not equally belong to all citizens on the same terms.
§ 24 Ex post facto; contracts
No ex post facto law, or law impairing the obligation of contracts, shall ever be passed.
§ 25 Laws not to depend on outside authority
No law shall be passed whose taking effect is made to depend on any authority except as provided in this Constitution.
§ 26 Suspension of laws
The operation of the laws shall never be suspended except by the authority of the General Assembly.
§ 27 Habeas corpus
The privilege of the writ of habeas corpus shall not be suspended except in case of rebellion or invasion when the public safety demands it.
§ 28 Treason defined
Treason against the State consists only in levying war against it and giving aid and comfort to its enemies.
§ 29 Conviction of treason
No person shall be convicted of treason except on the testimony of two witnesses to the same overt act or on confession in open court.
§ 30 No corruption of blood or forfeiture
No conviction shall work corruption of blood or forfeiture of estate.
§ 31 Right to assemble and petition
No law shall restrain the inhabitants of the State from assembling peaceably to consult for their common good, to instruct their representatives, or to petition for redress of grievances.
§ 32 Right to bear arms
The people shall have a right to bear arms for the defense of themselves and the State.
§ 33 Military subordinate to civil power
The military shall be kept in strict subordination to the civil power.
§ 34 Quartering of soldiers
No soldier shall in time of peace be quartered in any house without the owner's consent, nor in war except as prescribed by law.
§ 35 No titles of nobility
The General Assembly shall not grant any title of nobility nor confer hereditary distinctions.
§ 36 Emigration
Emigration from the State shall not be prohibited.
§ 37 Slavery prohibited
There shall be neither slavery nor involuntary servitude within the State, except as punishment for crime after conviction.
Article 2 Suffrage and Election
§ 1 Free and equal elections
All elections shall be free and equal.
§ 2 Qualifications of voters
A U.S. citizen at least 18 who has met the residence requirement in a precinct is entitled to vote in that precinct.
§ 3 Militia and pauper provision
Repealed (Nov. 3, 1998).
§ 4 Residence not lost by absence
No person loses residence in the State by reason of absence on business of the State or of the United States.
§ 5 Soldiers and seamen residence
Repealed (Mar. 14, 1881).
§ 6 Disqualification for election bribery
A person who gives or offers a bribe to procure their election is disqualified from holding office during that term.
§ 7 (Repealed)
Repealed (Nov. 6, 1984).
§ 8 Disenfranchisement for infamous crime
The General Assembly may deprive of suffrage and render ineligible any person convicted of an infamous crime.
§ 9 Ineligibility for lucrative office
No person holding a lucrative office under the United States or the State is eligible to a seat in the General Assembly, with stated exceptions.
§ 10 Defaulting officers ineligible
No collector or holder of public money who has not accounted for it is eligible to any office of trust or profit.
§ 11 Term-limit counting
Where an office may not be held by the same person beyond a stated number of years, the years are computed as provided.
§ 12 Electors privileged from arrest
Electors are privileged from arrest, except for treason, felony, or breach of the peace, while going to, attending, and returning from elections.
§ 13 Ballot and viva voce voting
Elections by the people shall be by ballot, and elections by the General Assembly shall be viva voce.
§ 14 General election day
General elections are held on the first Tuesday after the first Monday in November, as the General Assembly may provide.
Article 3 Distribution of Powers
§ 1 Separation of powers
The powers of government are divided into the Legislative, the Executive (including the Administrative), and the Judicial departments, and no person charged with duties in one may exercise the functions of another except as expressly provided.
Article 4 Legislative
§ 1 Legislative authority
The legislative authority of the State is vested in a General Assembly consisting of a Senate and a House of Representatives.
§ 2 Composition of the houses
The Senate shall not exceed 50 members and the House 100 members, chosen by the electors of the respective districts.
§ 3 Terms
Senators are elected for four years and Representatives for two years.
§ 4 Filling vacancies
The General Assembly may provide by law for filling vacancies that occur in either house.
§ 5 Apportionment
The General Assembly elected in a federal census year fixes by law the number of Senators and Representatives and apportions them among the districts.
§ 6 (Repealed)
Repealed (Nov. 6, 1984).
§ 7 Qualifications of members
A Senator or Representative must be a U.S. citizen and meet the residence requirements at the time of election.
§ 8 Privilege from arrest
Members are privileged from arrest during the session and going to and returning from it, except for treason, felony, or breach of the peace, and are not questioned elsewhere for debate.
§ 9 Sessions
The General Assembly meets at the capitol, commencing on the Tuesday after the second Monday in January.
§ 10 Officers; judging elections
Each house chooses its own officers (except the President of the Senate) and judges the elections, qualifications, and returns of its members.
§ 11 Quorum
Two-thirds of each house constitutes a quorum, but a smaller number may adjourn from day to day and compel the attendance of absent members.
§ 12 Journals; yeas and nays
Each house keeps and publishes a journal, and the yeas and nays are entered at the request of any two members.
§ 13 Open doors
The doors of each house and of committees of the whole are kept open except when secrecy is required.
§ 14 Discipline and expulsion
Either house may punish members for disorderly behavior and, with the concurrence of two-thirds, expel a member, but not twice for the same offense.
§ 15 Punishing non-members
Either house may punish by imprisonment any non-member who is guilty of disrespect to the house by disorderly conduct.
§ 16 Powers of a free legislature
Each house has all the powers necessary for a branch of the legislative department of a free and independent State.
§ 17 Origination and amendment of bills
Bills may originate in either house and be amended or rejected in the other, except that revenue bills originate in the House.
§ 18 Three readings
Every bill is read by title on three separate days in each house unless two-thirds suspend the rule in an emergency.
§ 19 Single subject
An act shall be confined to one subject and matters properly connected with it, except acts codifying or revising the laws.
§ 20 Plain wording
Every act and joint resolution shall be plainly worded, avoiding technical terms as far as practicable.
§ 21 (Repealed)
Repealed (Nov. 8, 1960).
§ 22 No local or special laws (enumerated)
The General Assembly shall not pass local or special laws in the enumerated cases, such as punishing crimes, regulating practice, and other listed subjects.
§ 23 General laws where applicable
In the enumerated cases and wherever a general law can be made applicable, all laws shall be general and of uniform operation.
§ 24 Suits against the State
Suits against the State may be provided for by general law, but no special law authorizing a particular suit may be passed.
§ 25 Passage of bills
A majority of all members elected to each house is required to pass every bill or joint resolution.
§ 26 Right to protest
Any member may protest and have the protest, with reasons for dissent, entered on the journal.
§ 27 Public laws
Every statute is a public law unless otherwise declared in the statute itself.
§ 28 Publication before effect
No act takes effect until it is published and circulated in the counties by authority, except in emergencies.
§ 29 Compensation of members
Members receive compensation fixed by law, and no increase takes effect during the term in which it is enacted.
§ 30 Ineligibility to other offices
No member shall, during the term for which elected, be eligible to any office the election to which is by the General Assembly.
Article 5 Executive
§ 1 Governor; term
The executive power of the State is vested in a Governor, who holds office for four years and is not eligible for more than two terms in any twelve-year period.
§ 2 Lieutenant Governor
There shall be a Lieutenant Governor, who holds office for four years.
§ 3 Election
The Governor and Lieutenant Governor are elected at the times and places of choosing members of the General Assembly.
§ 4 Joint ticket
Each candidate for Lieutenant Governor runs jointly in the general election with a candidate for Governor.
§ 5 Tie vote
In the event of a tie vote, the Governor and Lieutenant Governor are elected by the General Assembly from the candidates who tied.
§ 6 Contested elections
Contested elections for Governor or Lieutenant Governor are determined by the General Assembly as prescribed by law.
§ 7 Eligibility
No person is eligible as Governor or Lieutenant Governor who has not been five years a U.S. citizen and a resident of the State, and who is not at least 30.
§ 8 Incompatible offices
No member of Congress or person holding an office under the United States or the State may fill the office of Governor or Lieutenant Governor.
§ 9 Commencement of term
The official term of the Governor and Lieutenant Governor commences on the second Monday of January following their election.
§ 10 Succession and disability
If the Governor-elect fails to assume office, or the office becomes vacant, the Lieutenant Governor becomes or acts as Governor, with a further line of succession by law.
§ 11 Lieutenant Governor acting as Governor
When the Lieutenant Governor acts as Governor or cannot preside over the Senate, the Senate elects a President pro tempore.
§ 12 Commander-in-chief
The Governor is commander-in-chief of the armed forces and may call them out to execute the laws or suppress insurrection.
§ 13 Messages to the Assembly
The Governor gives the General Assembly information on the condition of the State and recommends measures.
§ 14 Approval and veto of bills
Every bill passed by the General Assembly is presented to the Governor, who may sign it, veto it, or allow it to become law; the Assembly may override a veto by a majority of all elected members.
§ 15 Requiring information
The Governor transacts necessary business with the officers of government and may require written information from them on their duties.
§ 16 Faithful execution of laws
The Governor shall take care that the laws are faithfully executed.
§ 17 Reprieves, commutations, pardons
The Governor may grant reprieves, commutations, and pardons after conviction, except in treason and impeachment cases, subject to regulation by law.
§ 18 Recess appointments
When a vacancy occurs during a recess in an office filled by the General Assembly, the Governor fills it until the end of the next session.
§ 19 (Repealed)
Repealed (Nov. 6, 1984).
§ 20 Convening Assembly elsewhere
If the seat of government becomes dangerous from disease or an enemy, the Governor may convene the General Assembly at another place.
§ 21 Lieutenant Governor as President of Senate
The Lieutenant Governor is President of the Senate and may vote only when the Senate is equally divided in committee of the whole, as provided.
§ 22 Governor's compensation
The Governor receives a compensation that is neither increased nor diminished during the term for which elected.
§ 23 Lieutenant Governor's compensation
While acting as President of the Senate, the Lieutenant Governor receives the same compensation as the Speaker of the House.
Article 6 Administrative
§ 1 State officers
A Secretary, an Auditor, and a Treasurer of State are elected by the voters, each holding office for the term fixed by law.
§ 2 County officers
In each county the voters elect a Clerk of the Circuit Court and other enumerated county officers at the general elections.
§ 3 Other officers
Other necessary county and township officers are elected or appointed as prescribed by law.
§ 4 County officer residence
No person is eligible as a county officer who is not an elector and inhabitant of the county for the required period.
§ 5 Custody of records
The Governor and the state officers keep the public records, books, and papers at the seat of government.
§ 6 Residence of local officers
County, township, and town officers reside within and keep their offices at the places prescribed.
§ 7 Removal of state officers
State officers are liable to removal from office for crime, incapacity, or negligence, by impeachment or as provided by law.
§ 8 Impeachment and removal
All state, county, township, and town officers may be impeached or removed from office in the manner prescribed by law.
§ 9 Vacancies in local offices
Vacancies in county, township, and town offices are filled as prescribed by law.
§ 10 Powers of county boards
The General Assembly may confer on the county boards powers of a local, administrative character.
§ 11 (Repealed)
Repealed (Nov. 6, 1984).
Article 7 Judicial
§ 1 Judicial power
The judicial power is vested in one Supreme Court, one Court of Appeals, Circuit Courts, and such other courts as the General Assembly may establish.
§ 2 Supreme Court
The Supreme Court consists of the Chief Justice and not less than four nor more than eight associate justices.
§ 3 Chief Justice
The Chief Justice is selected by the judicial nominating commission from the members of the Supreme Court.
§ 4 Supreme Court jurisdiction
The Supreme Court has limited original jurisdiction and appellate jurisdiction as provided by rule, including mandatory review in certain cases.
§ 5 Court of Appeals
The Court of Appeals sits in the geographic districts and locations the General Assembly provides.
§ 6 Court of Appeals jurisdiction
The Court of Appeals has no original jurisdiction except as authorized by rules of the Supreme Court, exercising appellate jurisdiction as provided.
§ 7 Judicial circuits
The State is divided into judicial circuits, and a judge for each circuit is elected by the voters of that circuit.
§ 8 Circuit Courts
The Circuit Courts have such civil and criminal jurisdiction as may be prescribed by law.
§ 9 Judicial nominating commission
One judicial nominating commission serves the Supreme Court and Court of Appeals, composed as provided in this article.
§ 10 Selection of appellate judges
A vacancy on the Supreme Court or Court of Appeals is filled by the Governor from candidates nominated by the commission.
§ 11 Tenure and retention
A justice or judge of the appellate courts serves an initial term and thereafter runs for retention on their record.
§ 12 Substitution of judges
The General Assembly may provide that a judge of one circuit may hold the courts of another in specified cases.
§ 13 Removal of circuit judges and prosecutors
A circuit judge or prosecuting attorney convicted of corruption or other high crime may be removed as provided.
§ 14 (Repealed)
Repealed (Nov. 6, 1984).
§ 15 No four-year term limit for judges
The Article 15 prohibition on offices longer than four years does not apply to judicial offices.
§ 16 Prosecuting attorneys
A prosecuting attorney is elected in each judicial circuit by the voters and must be admitted to the practice of law.
§ 17 Grand jury
The General Assembly may modify or abolish the grand jury system.
§ 18 Criminal prosecutions
All criminal prosecutions are carried on in the name and by the authority of the State.
§ 19 Pay of judges
The justices and judges receive a compensation fixed by law, payable at stated times.
§ 20 (Repealed)
Repealed (Nov. 6, 1984); the associated 1970 schedule was later removed.
§ 21 (Repealed)
Repealed (Nov. 8, 1932).
Article 8 Education
§ 1 Common school system
Knowledge and learning being essential to free government, it is the duty of the General Assembly to provide for a general and uniform system of common schools, open equally to all and tuition-free.
§ 2 Common School fund
The Common School fund consists of the enumerated funds and lands dedicated to the support of the common schools.
§ 3 Fund preserved
The principal of the Common School fund remains a perpetual fund that may be increased but never diminished, its income applied to the schools.
§ 4 Investment of the fund
The General Assembly shall invest the uninvested portions of the Common School fund in a safe and profitable manner.
§ 5 Reinvestment of undemanded interest
If a county fails to demand its share of the interest for common-school purposes, the amount is reinvested for the benefit of that county.
§ 6 County liability for the fund
The several counties are liable for the preservation of the fund entrusted to them and for payment of the annual interest.
§ 7 Trust funds inviolate
All trust funds held by the State remain inviolate and are applied exclusively to the purposes for which the trust was created.
§ 8 Superintendent of Public Instruction
There shall be a State Superintendent of Public Instruction, whose selection, tenure, duties, and compensation are prescribed by law.
Article 9 State Institutions
§ 1 Institutions for disabled persons
It is 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 mentally ill.
§ 2 Juvenile correction
The General Assembly shall provide institutions for the correction and reformation of juvenile offenders.
§ 3 County asylums
The counties may provide farms as asylums for persons who by age, infirmity, or misfortune have claims upon the sympathy and aid of society.
Article 10 Finance
§ 1 Uniform and equal taxation
The General Assembly provides by law for a uniform and equal rate of property assessment and taxation and may grant limited exemptions and homestead credits.
§ 2 Revenue from public works
Revenues from the sale of the State's public works and their income are applied to the purposes prescribed.
§ 3 Appropriations required
No money shall be drawn from the Treasury except in pursuance of appropriations made by law.
§ 4 Statement of receipts and expenditures
An accurate statement of the receipts and expenditures of public money is published with the laws of each regular session.
§ 5 State debt limited
No law shall authorize a debt on behalf of the State except to meet casual deficits, pay interest on the state debt, repel invasion, suppress insurrection, or in war.
§ 6 County subscriptions
No county shall subscribe for stock in an incorporated company unless paid at subscription, nor lend its credit in aid of such company.
§ 7 No recognition of certain debts
The General Assembly shall not recognize any liability of the State assumed in aid of the rebellion against the United States.
§ 8 Income tax
The General Assembly may levy and collect a tax upon income from whatever source derived, at such rates and with such exemptions as prescribed.
Article 11 Corporations
§ 1 No special bank charters
The General Assembly has no power to establish or incorporate any bank or moneyed institution by special act for the purpose of issuing bills of credit.
§ 2 General banking law required
No banks shall be established otherwise than under a general banking law, except as provided in the fourth section of this article.
§ 3 Registry of notes
A general banking law shall provide for the registry and countersigning of the notes issued as circulating currency.
§ 4 Bank with branches
The General Assembly may charter a bank with branches without the collateral security required in the preceding section.
§ 5 Mutual responsibility of branches
If a bank with branches is established, the branches are mutually responsible for each other's liabilities on their circulating paper.
§ 6 (Repealed)
Repealed (Nov. 5, 1940).
§ 7 Redemption of notes
All bills or notes issued as money must be redeemable in gold or silver, and no law may sanction their suspension.
§ 8 Preference for note holders
Holders of bank notes are entitled, in case of insolvency, to preference of payment over all other creditors.
§ 9 Interest limit for banks
No bank shall receive a greater rate of interest than the law allows to individuals loaning money.
§ 10 (Repealed)
Repealed (Nov. 5, 1940).
§ 11 Trust funds in a bank
The General Assembly may invest the trust funds in a bank with branches, provided the safety of the funds is secured.
§ 12 State not a stockholder
The State shall not be a stockholder in any bank, nor lend its credit in aid of any person, association, or corporation.
§ 13 Corporations by general law
Corporations other than banking shall not be created by special act but may be formed under general laws.
§ 14 Stockholder liability
Dues from corporations are secured by such individual liability of the stockholders or other means as may be prescribed by law.
Article 12 Militia
§ 1 Composition
A militia shall consist of all persons over 17, except those exempted by the laws of the United States or of the State.
§ 2 Commander-in-chief
The Governor is commander-in-chief of the militia and other military forces of the State.
§ 3 Adjutant General
There shall be an Adjutant General appointed by the Governor.
§ 4 Conscientious objection
No person conscientiously opposed to bearing arms shall be compelled to do so in the militia.
§ 5 (Repealed)
Repealed (Nov. 5, 1974).
§ 6 (Repealed)
Repealed (Nov. 5, 1974).
Article 13 Indebtedness
§ 1 Limit on municipal debt
No political or municipal corporation shall become indebted in any manner beyond two percent of the value of its taxable property, and debt beyond that limit is void.
Article 14 Boundaries
§ 1 State boundaries
The boundaries of the State of Indiana are declared and established as set out in this section.
§ 2 Jurisdiction and sovereignty
The State possesses jurisdiction and sovereignty co-extensive with the declared boundaries, including concurrent jurisdiction on the boundary rivers.
Article 15 Miscellaneous
§ 1 Selection of officers
All officers whose appointment is not otherwise provided for are chosen in such manner as is or may be prescribed by law.
§ 2 Duration of office
Where the duration of an office is not fixed by the Constitution, it may be declared by law, and no such office may last more than four years.
§ 3 Holding over until successor qualifies
An officer holds over until a successor is elected or appointed and qualified, unless otherwise provided.
§ 4 Oath of office
Every officer, before entering upon their duties, takes an oath or affirmation to support the U.S. and State Constitutions and to discharge the office faithfully.
§ 5 Seal of State
There shall be a Seal of State, kept by the Governor for official purposes, called the Seal of the State of Indiana.
§ 6 Commissions
All commissions issue in the name of the State, signed by the Governor, sealed with the State Seal, and attested by the Secretary of State.
§ 7 Minimum county size
No county shall be reduced to an area less than 400 square miles, nor any county under that area further reduced.
§ 8 (Repealed)
Repealed (Nov. 8, 1988).
§ 9 State grounds in Indianapolis
The enumerated State-owned grounds in Indianapolis are reserved and preserved for public use.
§ 10 Tippecanoe Battle Ground
It is the duty of the General Assembly to provide for the permanent enclosure and preservation of the Tippecanoe Battle Ground.
Article 16 Amendments
§ 1 Proposing and ratifying amendments
An amendment may be proposed in either house, and if agreed to by a majority of the members elected to each house in two separately elected General Assemblies and then approved by a majority of the voters, it becomes part of the Constitution.
§ 2 Separate submission
If two or more amendments are submitted at the same time, they are submitted so that the electors may vote for or against each separately.
Full, verbatim text at Indiana General Assembly