force  of  such  a  Proclamation  is  passed    by  both  Houses  of  Parliament,  the

Proclamation  shall,  unless    revoked,  continue  in  force  for  a  further  period  of

2[six months] from the date on  which under this clause it would otherwise have

ceased to  operate, but no such Proclamation shall  in any case remain in force

for more than three  years:

Provided further that if the dissolution of the House of the People takes

place during  any  such  period  of  2[six  months]  and a resolution  approving  the

continuance  in  force  of  such  Proclamation has been passed  by  the  Council  of

States,  but  no  resolution  with  respect  to  the  continuance    in  force  of  such

Proclamation  has  been  passed  by  the  House  of  the  People  during  the  said

period, the Proclamation shall cease to operate at the expiration of thirty days

from the date on which the House of the  People first sits after its reconstitution

unless  before  the  expiration  of  the  said  period  of  thirty  days  a  resolution

approving the  continuance  in  force  of  the Proclamation   has been  also  passed

by the House of the People:

3 [Provided  also  that  in  the  case  of  the  Proclamation  issued  under

clause (1) on the 11th day of May, 1987 with respect to the State  of Punjab, the

reference in the first  proviso to this clause to “three years” shall be construed

as a reference to 4[five years].]


reference in the first  proviso to this clause to “three years” shall be construed

as a reference to 4[five years].]

1. Subs. by the Constitution  (Forty-second Amendment)  Act, 1976, s. 50, for "six months"

(w.e.f. 3-1-1977) and subsequently subs. by the Constitution  (Forty-fourth Amendment)

Act,  1978,  s.  38,    for  "one  year  from  the  date  of  the  passing  of  the  second  of  the

resolutions approving the Proclamation under clause (3)" (w.e.f. 20-6-1979).

2. Subs. by s. 50, ibid., for "six months" (w.e.f. 3-1-1977) and further subs. by s. 38, ibid.,

for "one year",  respectively (w.e.f. 20-6-1979).

3. Ins. by the Constitution (Sixty-fourth Amendment) Act, 1990, s. 2 (w.e.f. 16-4-1990).

4.  Subs. by the Constitution (Sixty-seventh Amendment) Act, 1990, s. 2 (w.e.f. 4-10-1990)

and  subsequently  subs.  by  the  Constitution  (Sixty-eighth  Amendment)  Act,  1991,  s.  2

(w.e.f. 12-3-1991).

244

1[(5) Notwithstanding anything contained in clause (4), a resolution with

respect to the continuance in force of a Proclamation approved under clause (3)


244

1[(5) Notwithstanding anything contained in clause (4), a resolution with

respect to the continuance in force of a Proclamation approved under clause (3)

for any period beyond the expiration of one year from the date of issue of such

Proclamation shall not be passed by either House of Parliament unless—

(a) a Proclamation of Emergency is in operation, in the whole of

India or, as the case may be, in the whole or any part of the State, at the

time of the passing of such resolution, and

(b) the Election Commission certifies that the continuance in force

of  the  Proclamation  approved  under  clause  (3)  during  the  period

specified  in  such  resolution  is  necessary  on  account  of  difficulties  in

holding  general  elections  to  the  Legislative  Assembly  of  the  State

concerned:]

2[Provided  that  nothing  in  this  clause  shall  apply  to  the  Proclamation

issued under clause (1) on the 11th day of May, 1987 with respect to the State

of Punjab.]

357. Exercise of legislative powers under Proclamation issued under

article  356.—(1)  Where  by  a  Proclamation  issued  under  clause  (1)  of  article

356, it has been declared that the powers of the Legislature of the State shall be

exercisable by or under the authority of Parliament, it shall be competent—

(a)  for  Parliament  to  confer  on  the  President  the  power  of  the

Legislature  of the State to  make laws, and to  authorise  the  President to


Legislature  of the State to  make laws, and to  authorise  the  President to

delegate,  subject  to  such  conditions  as  he  may  think  fit  to  impose,  the

power so conferred to any other authority to be specified by him in that

behalf;

(b) for Parliament, or for the President or other authority in whom

such  power  to  make laws is  vested under  sub-clause  (a), to  make  laws

conferring powers and imposing duties, or authorising the conferring of

powers  and  the  imposition  of  duties,  upon  the  Union  or  officers  and

authorities thereof;

(c) for the President to authorise when the House of the People is

not  in  session  expenditure  from  the  Consolidated  Fund  of  the  State

pending the sanction of such expenditure by Parliament.

1. Ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 6 (with retrospective

effect)  and  subsequently  subs.  by  the  Constitution  (Forty-fourth  Amendment)  Act,

1978, s. 38, for cl. (5) (w.e.f. 20-6-1979).

2. Omitted by the Constitution (Sixty-third Amendment) Act, 1989, s. 2 (w.e.f. 6-1-1990)

and  subsequently  ins.  by  the  Constitution  (Sixty-fourth  Amendment)  Act,  1990,  s.  2

(w.e.f. 16-4-1990).

245


(w.e.f. 16-4-1990).

245

1[(2)  Any  law  made  in  exercise  of  the  power  of  the  Legislature  of  the

State by Parliament or the President or other authority referred to in sub-clause

(a)  of  clause  (1)  which  Parliament  or  the  President  or  such  other  authority

would  not,  but  for  the  issue  of  a  Proclamation  under  article  356,  have  been

competent to make shall, after the Proclamation has ceased to operate, continue

in  force  until  altered  or  repealed  or  amended  by  a  competent  Legislature  or

other authority.]

358.  Suspension  of  provisions  of  article  19  during  emergencies.—

2[(1)] 3[While a Proclamation of Emergency declaring that the security of India

or  any  part  of  the  territory  thereof  is  threatened  by  war  or  by  external

aggression is in operation], nothing in article 19 shall restrict the power of the

State  as  defined  in  Part  III  to  make  any  law  or  to  take  any  executive  action

which  the  State  would  but  for  the  provisions  contained  in  that  Part  be

competent to  make  or  to  take,  but  any  law  so  made shall, to the  extent  of the

incompetency,  cease  to  have  effect  as  soon  as  the  Proclamation  ceases  to

operate, except as respects things done or omitted to be done before the law so

ceases to have effect:


operate, except as respects things done or omitted to be done before the law so

ceases to have effect:

4[Provided that 5[where such Proclamation of Emergency] is in operation

only  in  any  part  of  the  territory  of  India,  any  such  law  may  be  made,  or  any

such  executive action  may  be taken, under  this article  in relation to  or in  any

State  or  Union  territory  in  which  or in  any  part  of  which the Proclamation  of

Emergency is not in operation, if and in so far as the security of  India or any

part of the territory thereof is threatened by activities in or in relation to the part

of  the  territory  of  India  in  which  the  Proclamation  of  Emergency  is  in

operation.]

6[(2) Nothing in clause (1) shall apply—

1. Subs. by the Constitution  (Forty-second Amendment)  Act, 1976, s. 51 (w.e.f. 3-1-1977).

2.  Art. 358 re-numbered as cl. (1)    by  the  Constitution   (Forty-fourth  Amendment)    Act,

1978, s. 39 (w.e.f. 20-6-1979).

3 .  Subs.  by  s.  39,  ibid,  for  "While  a  Proclamation  of  Emergency  is  in  operation"

(w.e.f. 20-6-1979).


(w.e.f. 20-6-1979).

4.  Added  by  the  Constitution    (Forty-second  Amendment)    Act,  1976,  s.  52  (w.e.f.  3-1-

1977).

5.  Subs.  by  the  Constitution    (Forty-fourth  Amendment)    Act,  1978,  s. 39,    for  "where  a

Proclamation of Emergency"  (w.e.f. 20-6-1979).

6. Ins. by s. 39, ibid. (w.e.f. 20-6-1979).

246

(a) to  any  law  which  does  not  contain  a  recital  to the  effect that

such  law  is  in  relation  to  the  Proclamation  of  Emergency  in  operation

when it is made; or

(b)  to  any  executive  action  taken  otherwise  than  under  a  law

containing such a recital.]

359.  Suspension    of    the    enforcement    of    the  rights  conferred  by

Part III during emergencies.—(1) Where a Proclamation of Emergency is in

operation, the President may by order declare that the right to move any court

for the enforcement of such of 1[the rights conferred by Part III (except articles

20 and 21)] as may be mentioned in the order and all proceedings pending in

any  court  for  the  enforcement  of  the  rights  so  mentioned  shall  remain

suspended for the period during which the Proclamation is in force or for such

shorter period as may be specified in the order.


suspended for the period during which the Proclamation is in force or for such

shorter period as may be specified in the order.

2[(1A)  While  an  order  made  under  clause  (1)  mentioning  any  of    1[the

rights conferred by Part III (except articles 20 and 21)] is in operation, nothing

in  that  Part  conferring  those  rights  shall  restrict  the  power  of  the  State  as

defined in the said Part to make any law or to take any executive action which

the State  would  but  for  the provisions  contained  in  that  Part  be  competent  to

make or to take, but any law so made shall, to the extent of the incompetency,

cease to have effect as soon as the order aforesaid ceases to operate, except as

respects  things  done  or  omitted  to  be  done  before  the  law  so  ceases  to  have

effect:]

3[Provided that where a Proclamation of Emergency is in operation only

in any  part  of  the  territory  of  India, any  such  law  may  be  made, or  any  such

executive action may be taken, under this article in relation to or in any State or

Union  territory  in  which  or  in  any  part  of  which  the  Proclamation  of

Emergency is not in operation, if and in so far as the security of  India or any

part of the territory thereof is threatened by activities in or in relation to the part

of  the  territory  of  India  in  which  the  Proclamation  of  Emergency  is  in

operation.]


of  the  territory  of  India  in  which  the  Proclamation  of  Emergency  is  in

operation.]

1. Subs. by the Constitution  (Forty-fourth Amendment)  Act, 1978, s. 40,  for  "the rights

conferred by Part III"  (w.e.f. 20-6-1979).

2. Ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 7 (with retrospective

effect).

3. Added by the Constitution  (Forty-second Amendment)  Act, 1976, s. 53 (w.e.f. 3-1-1977).

247

1[(1B) Nothing in clause (1A) shall apply—

(a) to  any  law  which  does  not  contain  a  recital  to the  effect that

such  law  is  in  relation  to  the  Proclamation  of  Emergency  in  operation

when it is made; or

(b)  to  any  executive  action  taken  otherwise  than  under  a  law

containing such a recital.]

(2) An order made as aforesaid may extend to the whole or any part of

the territory of India:

2[Provided that where a Proclamation of Emergency is in operation only

in a part of the territory of  India, any such order shall not extend to any other

part  of  the  territory  of  India  unless  the  President,  being  satisfied  that  the

security of India or any part of the territory thereof is threatened by activities in

or in relation to the part of the territory of  India in which the Proclamation of

Emergency is in operation, considers such extension to be necessary.]


or in relation to the part of the territory of  India in which the Proclamation of

Emergency is in operation, considers such extension to be necessary.]

(3) Every order made under clause (1) shall, as soon as may be after it is

made, be laid before each House of Parliament.

3359A.  [Application  of  this  Part  to  the  State  of  Punjab.].—Omitted  by

the Constitution (Sixty-third Amendment) Act, 1989, s. 3 (w.e.f. 6-1-1990).

360.  Provisions  as  to  financial  emergency.—(1)  If  the  President  is

satisfied  that a  situation  has  arisen  whereby  the  financial stability  or  credit  of

India  or  of  any  part  of  the  territory  thereof  is  threatened,  he  may  by  a

Proclamation make a declaration to that effect.

4[(2) A Proclamation issued under clause (1)—

(a) may be revoked or varied by a subsequent Proclamation;

(b) shall be laid before each House of Parliament;

1. Ins. by the Constitution  (Forty-fourth Amendment)  Act, 1978, s. 40  (w.e.f. 20-6-1979).

2. Added by the Constitution  (Forty-second Amendment)  Act, 1976, s. 53 (w.e.f. 3-1-1977).

3.  Ins.  by  the  Constitution  (Fifty-ninth  Amendment)  Act,  1988,  s.  3  (w.e.f.  30-3-1988)


and ceased to operate on the expiry of a period of two years from the commencement

of that Act, i.e. 30th day of March, 1988.

4 .  Subs.  by  the  Constitution    (Forty-fourth  Amendment)    Act,  1978,  s.  41,  for  cl.  (2)

(w.e.f. 20-6-1979).

248

(c) shall  cease  to  operate at the  expiration  of  two  months,  unless

before the expiration  of that period  it  has  been  approved by  resolutions

of both Houses of Parliament:

Provided  that  if  any  such  Proclamation  is  issued  at  a  time  when  the

House of the People has been dissolved or the dissolution of the House of the

People  takes  place  during  the  period  of  two months referred to in        sub-

clause (c), and if a  resolution  approving the  Proclamation has been passed by

the Council of States, but no resolution with respect to such Proclamation has

been passed by the House of the People before the expiration of that period, the

Proclamation  shall  cease  to  operate  at  the  expiration  of  thirty  days  from  the

date  on  which the  House  of  the  People  first sits after its reconstitution  unless

before the expiration of the said period of thirty days a resolution approving the

Proclamation has been also passed by the House of the People.]

(3)  During    the    period    any    such    Proclamation  as  is  mentioned  in

clause (1) is in operation, the executive authority of the Union shall extend to


clause (1) is in operation, the executive authority of the Union shall extend to

the  giving  of  directions  to  any  State  to  observe  such  canons  of  financial

propriety as may be specified in the  directions, and to the giving of such other

directions as the President may deem necessary and adequate for the purpose.

(4) Notwithstanding anything in this Constitution—

(a) any such direction may include—

(i)  a  provision requiring  the reduction  of  salaries  and  allowances

of all or any class of persons serving in connection with the affairs of

a State;

(ii)  a provision  requiring all  Money  Bills  or  other  Bills to  which

the  provisions  of  article  207  apply

to  be  reserved  for  the

consideration of the President after they are passed by the Legislature

of the State;

(b)  it  shall  be  competent  for  the  President  during  the  period  any

Proclamation issued under this article is in operation to issue directions

for the reduction of salaries and allowances of all or any class of persons

serving in connection with the affairs of the Union including the Judges

of the Supreme Court and the High Courts.

1[(5)

]

1. Ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 8 (with retrospective

effect)  and  omitted  by  the  Constitution    (Forty-fourth  Amendment)    Act,  1978,  s.  41

(w.e.f. 20-6-1979).

249

PART XIX

MISCELLANEOUS

361. Protection of President and Governors and Rajpramukhs.—(1)


249

PART XIX

MISCELLANEOUS

361. Protection of President and Governors and Rajpramukhs.—(1)

The  President,  or  the  Governor  or  Rajpramukh  of  a  State,  shall  not  be

answerable  to  any  court  for  the  exercise  and  performance  of  the  powers  and

duties of his office or for any act done or purporting to be done by him in the

exercise and performance of those powers and duties:

Provided that the conduct of the President may be brought under review

by  any  court,  tribunal  or  body  appointed  or  designated  by  either  House  of

Parliament for the investigation of a charge under article 61:

Provided  further  that  nothing  in  this  clause  shall  be  construed  as

restricting the right of any person to bring appropriate proceedings against the

Government of India or the Government of a State.

(2) No criminal proceedings whatsoever shall be instituted or continued

against the President, or  the Governor 1*** of a State, in any court during his

term of office.

(3)  No  process  for  the  arrest  or  imprisonment  of  the  President,  or  the

Governor 1***  of a State, shall issue from any court during his term of office.

(4) No civil proceedings in which relief is claimed against the President,

or the Governor  1*** of a State, shall be instituted during his term of office in

any  court  in  respect  of  any  act  done  or  purporting  to  be  done  by  him  in  his


any  court  in  respect  of  any  act  done  or  purporting  to  be  done  by  him  in  his

personal  capacity,  whether  before  or  after  he  entered  upon  his  office  as

President, or as Governor 1*** of such State, until the expiration of two months

next after notice in writing has been delivered to the President or the Governor

1***,  as  the  case  may  be,  or  left  at  his  office  stating  the  nature  of  the

proceedings,  the  cause  of  action  therefor,  the  name,  description  and  place  of

residence  of  the party  by  whom  such  proceedings  are  to  be instituted  and  the

relief which he claims.

1.  The  words  "or  Rajpramukh"  omitted  by  the  Constitution  (Seventh  Amendment)  Act,

1956, s. 29 and Sch. (w.e.f. 1-11-1956).

250

1[361A. Protection  of  publication  of  proceedings  of Parliament  and

State Legislatures.—(1) No person shall be liable to any proceedings, civil or

criminal,  in  any  court  in  respect  of  the  publication  in  a  newspaper  of  a

substantially true report of any proceedings of either House of Parliament or the

Legislative Assembly, or, as the case may be, either House of the Legislature,

of a State, unless the publication is proved to have been made with malice:

Provided that nothing in this clause shall apply to the publication of any


of a State, unless the publication is proved to have been made with malice:

Provided that nothing in this clause shall apply to the publication of any

report of the proceedings of a secret sitting of either House of Parliament or the

Legislative Assembly, or, as the case may be, either House of the Legislature,

of a State.

(2)  Clause  (1) shall apply  in relation  to  reports  or  matters broadcast  by

means of wireless telegraphy as part of any programme or service provided by

means  of  a  broadcasting  station  as  it  applies  in  relation  to  reports  or  matters

published in a newspaper.

Explanation.—In this article, “newspaper” includes a news agency report

containing material for publication in a newspaper.]

2[361B.  Disqualification  for  appointment  on  remunerative  political

post.—A  member  of  a  House  belonging  to  any  political  party  who  is

disqualified for being a member  of the House under paragraph 2 of the Tenth

Schedule  shall  also  be disqualified to hold  any  remunerative  political  post  for

duration of the period commencing from  the date of his disqualification  till the

date  on  which the  term  of  his  office  as  such  member  would  expire  or  till the

date  on  which  he  contests  an  election  to  a  House  and  is  declared    elected,

whichever is earlier.

Explanation. — For the purposes of this article,—

(a)    the    expression    “House”    has    the  meaning  assigned  to  it  in

clause (a) of paragraph 1 of the  Tenth Schedule;


(a)    the    expression    “House”    has    the  meaning  assigned  to  it  in

clause (a) of paragraph 1 of the  Tenth Schedule;

(b) the expression “remunerative political post” means any office—

(i)  under    the  Government  of  India  or  the  Government  of  a

State  where the  salary  or  remuneration     for    such  office  is  paid

out  of  the  public  revenue  of  the  Government  of  India  or  the

Government of the State, as the case may be; or

1.  Ins.  by the Constitution (Forty-fourth Amendment) Act, 1978, s. 42 (w.e.f. 20-6-1979).

2. Ins. by the Constitution (Ninety-first Amendment) Act, 2003, s. 4 (w.e.f. 1-1-2004).

251

(ii)  under  a  body,  whether  incorporated  or  not,  which  is

wholly  or  partially  owned  by  the  Government  of  India  or  the

Government  of  State,  and  the  salary  or  remuneration  for  such

office is paid by such body,

except where such salary or remuneration paid is compensatory in nature.]

362. [Rights and privileges of Rulers of Indian States.].—Omitted by the

Constitution (Twenty-sixth Amendment)  Act, 1971, s. 2 (w.e.f. 28-12-1971).

363. Bar to interference by courts in disputes arising out of certain


363. Bar to interference by courts in disputes arising out of certain

treaties,  agreements,  etc.—(1)  Notwithstanding anything in  this Constitution

but subject to the provisions of article 143, neither the Supreme Court nor any

other court shall have jurisdiction in any dispute arising out of any provision of

a  treaty,  agreement,  covenant,  engagement,  sanad  or  other  similar  instrument

which  was  entered  into  or  executed  before  the  commencement  of  this

Constitution by any Ruler of an Indian State and to which the Government of

the Dominion of India or any of its predecessor Governments was a party and

which has or has been continued in operation after such commencement, or in

any dispute in respect of any right accruing under or any liability or obligation

arising  out  of  any  of  the  provisions  of  this  Constitution  relating  to  any  such

treaty, agreement, covenant, engagement, sanad or other similar instrument.

(2) In this article—

(a)  “Indian  State”  means  any  territory  recognised  before  the

commencement  of  this  Constitution  by  His Majesty  or the  Government

of the Dominion of India as being such a State; and

(b) “Ruler” includes the Prince, Chief or other person recognised

before  such  commencement  by  His  Majesty  or  the  Government  of  the

Dominion of India as the Ruler of any Indian State.

1[363A. Recognition granted to Rulers of Indian States to cease and

privy purses to be abolished.—Notwithstanding anything in this Constitution

or in any law for the time being in force—

(a) the Prince, Chief or other person who, at any time before the


or in any law for the time being in force—

(a) the Prince, Chief or other person who, at any time before the

commencement  of  the  Constitution  (Twenty-sixth  Amendment)  Act,

1971, was recognised by the President as the Ruler of an Indian State or

any  person  who,  at  any  time  before  such  commencement,  was

recognised by the President as the successor of such ruler shall, on and

from  such  commencement,  cease to be  recognised as such  Ruler or  the

successor of such Ruler;

1 .

Ins.  by

the  Constitution

(Twenty-sixth  Amendment)  Act,  1971,  s.  3

(w.e.f. 28-12-1971).

252

(b) on and from the commencement of the Constitution (Twenty-

sixth  Amendment)  Act,  1971,  privy  purse  is  abolished  and  all  rights,

liabilities and obligations in respect of  privy purse are extinguished and

accordingly  the  Ruler  or,  as  the  case  may  be,  the  successor  of  such

Ruler, referred to in clause (a) or any other person shall not be paid any

sum as privy purse.]

364.  Special  provisions  as  to  major  ports  and  aerodromes.—(1)

Notwithstanding  anything  in  this  Constitution,  the  President  may  by  public

notification  direct  that  as  from  such  date  as  may  be  specified  in  the

notification—


notification  direct  that  as  from  such  date  as  may  be  specified  in  the

notification—

(a)  any  law  made  by  Parliament  or by  the  Legislature  of  a  State

shall  not  apply  to  any  major  port  or  aerodrome  or  shall  apply  thereto

subject  to  such  exceptions  or  modifications  as  may  be  specified  in  the

notification, or

(b) any existing law shall cease to have effect in any major port or

aerodrome except as  respects  things  done  or  omitted to  be  done  before

the said  date,  or  shall in its  application to such  port  or aerodrome  have

effect subject to such exceptions or modifications as may be specified in

the notification.

(2) In this article—

(a)  “major  port”  means a  port  declared to  be a  major  port  by  or

under any law made by Parliament or any existing law and includes all

areas for the time being included within the limits of such port;

(b) “aerodrome” means aerodrome as defined for the purposes of

the enactments relating to airways, aircraft and air navigation.

365.  Effect  of  failure  to  comply  with,  or  to  give  effect  to,  directions

given  by  the  Union.—Where  any  State  has  failed  to  comply  with,  or  to  give

effect to, any directions given in the exercise of the executive power of the Union

under  any  of  the  provisions  of  this  Constitution,  it  shall  be  lawful  for  the


under  any  of  the  provisions  of  this  Constitution,  it  shall  be  lawful  for  the

President to hold that a situation has arisen in which the Government of the State

cannot be carried on in accordance with the provisions of this Constitution.

366.  Definitions.—In  this  Constitution,  unless  the  context  otherwise

requires,  the  following  expressions  have  the  meanings  hereby  respectively

assigned to them, that is to say—

(1)  “agricultural  income”  means  agricultural  income  as  defined

for the purposes of the enactments relating to Indian income-tax;

253

(2)  “an  Anglo-Indian”  means  a  person  whose  father  or  any  of

whose  other  male  progenitors  in  the  male  line  is  or  was  of  European

descent but who is domiciled within the territory of  India and is or was

born  within  such  territory  of  parents  habitually  resident therein and not

established there for temporary purposes only;

(3) “article” means an article of this Constitution;

(4)  “borrow”  includes  the  raising  of  money  by  the  grant  of

annuities, and “loan” shall be construed accordingly;

1[(4A)*                        *

(5) “clause” means a clause of the article in which the expression

*]

occurs;

(6) “corporation tax” means any tax on income, so far as that tax

is payable by companies and is a tax in the case of which the following

conditions are fulfilled:—

(a)  that  it  is  not  chargeable  in  respect  of  agricultural


conditions are fulfilled:—

(a)  that  it  is  not  chargeable  in  respect  of  agricultural

income;

(b)  that  no  deduction  in  respect  of  the  tax  paid  by

companies  is,  by  any  enactments  which  may  apply  to  the  tax,

authorised  to  be  made  from  dividends  payable  by  the  companies

to individuals;

(c)  that  no  provision  exists  for  taking  the  tax  so  paid  into

account  in  computing  for  the  purposes  of  Indian  income-tax  the

total  income  of  individuals  receiving  such  dividends,  or  in

computing  the  Indian  income-tax  payable  by,  or  refundable  to,

such individuals;

(7)  “corresponding  Province”,  “corresponding  Indian  State”  or

“corresponding  State”  means  in  cases  of  doubt  such  Province,  Indian

State  or  State  as  may  be  determined  by  the  President  to  be  the

corresponding  Province,

the

corresponding  State,  as  the  case  may  be,  for  the  particular  purpose  in

question;

the  corresponding  Indian  State  or

1. Ins. by the Constitution  (Forty-second Amendment)  Act, 1976, s. 54 (w.e.f. 1-2-1977)

and subsequently omitted by the Constitution (Forty-third Amendment)  Act, 1977,  s. 11

(w.e.f. 13-4-1978).

254


and subsequently omitted by the Constitution (Forty-third Amendment)  Act, 1977,  s. 11

(w.e.f. 13-4-1978).

254

(8)  “debt”  includes  any  liability  in  respect  of  any  obligation  to

repay  capital  sums  by  way  of  annuities  and  any  liability  under  any

guarantee, and “debt charges” shall be construed accordingly;

(9) “estate duty” means a duty to be assessed on or by reference to

the principal value, ascertained in accordance with such rules as may be

prescribed by or under laws made by Parliament or the Legislature of a

State relating to the duty, of all property passing upon death or deemed,

under the provisions of the said laws, so to pass;

(10)  “existing  law”  means  any  law,  Ordinance,  order,  bye-law,

rule  or  regulation  passed  or  made  before  the  commencement  of  this

Constitution  by  any  Legislature,  authority  or  person  having  power  to

make such a law, Ordinance, order, bye-law, rule or regulation;

(11)  “Federal  Court”  means  the  Federal  Court  constituted  under

the Government of India Act, 1935;

(12) “goods” includes all materials, commodities, and articles;

1[(12A)  “goods  and  services  tax”  means  any  tax  on  supply  of

goods,  or  services  or  both  except  taxes  on  the  supply  of  the  alcoholic

liquor for human consumption] ;


goods,  or  services  or  both  except  taxes  on  the  supply  of  the  alcoholic

liquor for human consumption] ;

(13)  “guarantee”  includes  any  obligation  undertaken  before  the

commencement of this Constitution to make payments in the event of the

profits of an undertaking falling short of a specified amount;

(14)  “High  Court”  means  any  Court  which  is  deemed  for  the

purposes  of  this  Constitution  to  be  a  High  Court  for  any  State  and

includes—

(a)  any  Court  in  the  territory  of  India  constituted  or

reconstituted under this Constitution as a High Court, and

(b) any  other  Court  in  the  territory  of  India  which  may  be

declared by Parliament by law to be a High Court for all or any of

the purposes of this Constitution;

(15) “Indian State” means any territory which the Government of

the Dominion of India recognised as such a State;

1.  Ins.  by  the  Constitution  (One  Hundred  and  First  Amendment)  Act,  2016,  s.  14(i)

(w.e.f. 16-9-2016).

255

(16) “Part”  means a Part of this Constitution;

(17)  “pension”  means  a  pension,  whether  contributory  or  not,  of

any kind whatsoever payable to or in respect of any person, and includes

retired  pay  so  payable;  a  gratuity  so  payable  and  any  sum  or  sums  so


retired  pay  so  payable;  a  gratuity  so  payable  and  any  sum  or  sums  so

payable  by  way  of  the  return,  with  or  without  interest  thereon  or  any

other addition thereto, of subscriptions to a provident fund;

(18)  “Proclamation  of  Emergency”  means  a  Proclamation  issued

under clause (1) of article 352;

(19)  “public  notification”  means  a  notification  in  the  Gazette  of

India, or, as the case may be, the Official Gazette of a State;

(20) “railway” does not include—

(a) a tramway wholly within a municipal area, or

(b) any other line of communication wholly situate in one State

and declared by Parliament by law not to be a railway;

1[(21)*

]

2[(22) “Ruler” means the Prince, Chief or other person who, at any

time  before  the  commencement  of  the  Constitution  (Twenty-sixth

Amendment) Act, 1971, was recognised by the President as the Ruler of

an  Indian  State  or  any  person  who,  at  any  time  before  such

commencement,  was  recognised  by  the  President  as  the  successor  of

such Ruler;]

(23) “Schedule” means a Schedule to this Constitution;

(24)  “Scheduled  Castes”  means  such  castes,  races  or  tribes  or

parts of or groups within such castes, races or tribes as are deemed under

article 341 to be Scheduled Castes for the purposes of this Constitution;


parts of or groups within such castes, races or tribes as are deemed under

article 341 to be Scheduled Castes for the purposes of this Constitution;

(25) “Scheduled Tribes” means such tribes or tribal communities

or  parts  of  or  groups  within  such  tribes  or  tribal  communities  as  are

deemed under article 342 to be Scheduled Tribes for the purposes of this

Constitution;

1. Cl. (21) omitted  by the Constitution (Seventh  Amendment) Act, 1956, s.  29 and Sch.

(w.e.f. 1-11-1956).

2 .  Subs.  by

the  Constitution

(Twenty-sixth  Amendment)  Act,  1971,  s.  4

(w.e.f. 28-12-1971).

256

(26) “securities” includes stock;

1* * *

2[(26A) “Services” means anything other than goods;

(26B) “State” with reference to articles 246A, 268, 269, 269A and

article 279A includes a Union territory with Legislature] ;

3[(26C) "socially and educationally backward classes" means such

backward classes as are so deemed under article 342A for the purposes

of  the  Central  Government  or  the  State  or  Union  territory,  as  the  case

may be] ;

(27)  “sub-clause”  means  a  sub-clause  of  the  clause  in  which  the

expression occurs;

(28)  “taxation”  includes  the  imposition  of  any  tax  or  impost,


expression occurs;

(28)  “taxation”  includes  the  imposition  of  any  tax  or  impost,

whether  general  or  local  or  special,  and  “tax”  shall  be  construed

accordingly;

(29)  “tax  on  income”  includes  a  tax  in  the  nature  of  an  excess

profits tax;

4[(29A) “tax on the sale or purchase of goods” includes—

(a)  a  tax  on the transfer,  otherwise  than  in  pursuance  of  a

contract,  of  property  in  any  goods  for  cash,  deferred  payment  or

other valuable consideration;

(b)  a  tax  on  the  transfer  of  property  in  goods  (whether  as

goods  or  in  some  other  form)    involved  in  the  execution  of  a

works contract;

(c) a  tax  on the  delivery  of  goods  on hire-purchase  or any

system of payment by instalments;

(d)  a  tax  on  the  transfer  of  the  right  to  use  any  goods  for

any  purpose  (whether  or  not  for  a  specified  period)  for  cash,

deferred payment or other valuable consideration;

1.    Cl.  (26A)  was  ins.  by  the  Constitution    (Forty-second  Amendment)    Act,  1976,  s. 54

the  Constitution  (Forty-third

(w.e.f.  1-2-1977),  and  subsequently  omitted  by


the  Constitution  (Forty-third

(w.e.f.  1-2-1977),  and  subsequently  omitted  by

Amendment)  Act, 1977, s. 11 (w.e.f. 13-4-1978).

2.  Ins.  by  the  Constitution  (One  Hundred  and  First  Amendment)  Act,  2016,  s.  14(ii)

(w.e.f. 16-9-2016).

3. Subs. by the Constitution (One Hundred and Fifth Amendment) Act, 2021, s. 4

(w.e.f. 15-9-2021).

4. Ins. by the Constitution (Forty-sixth Amendment) Act, 1982, s. 4 (w.e.f. 2-2-1983).

257

(e)  a  tax  on  the  supply  of  goods  by  any  unincorporated

association  or  body  of  persons  to  a  member  thereof  for  cash,

deferred payment or other valuable consideration;

(f) a tax on the supply, by way of or as part of any service

or  in  any  other  manner  whatsoever,  of  goods,  being  food  or  any

other article for human consumption or any drink (whether or not

intoxicating),  where such  supply  or  service, is  for  cash,  deferred

payment or other valuable consideration,

and such transfer, delivery or supply of any goods shall be deemed to be

a  sale  of  those  goods  by  the  person  making  the  transfer,  delivery  or


a  sale  of  those  goods  by  the  person  making  the  transfer,  delivery  or

supply  and  a  purchase  of  those  goods  by  the  person  to  whom  such

transfer, delivery or supply is made;]

1[(30) "Union territory" means any Union territory specified in the

First  Schedule  and  includes  any  other  territory  comprised  within  the

territory of India but not specified in that Schedule.]

367.  Interpretation.—(1)  Unless  the  context  otherwise  requires,  the

General Clauses Act, 1897, shall, subject to any adaptations and modifications

that may be made therein under article 372, apply for the interpretation of this

Constitution as it applies for the interpretation of an Act of the Legislature of

the Dominion of India.

(2)  Any  reference  in  this  Constitution  to  Acts  or  laws  of,  or  made  by,

Parliament, or to Acts or laws of, or made by, the Legislature of a State 2***,

shall  be  construed  as  including  a  reference  to  an  Ordinance  made  by  the

President or, to an Ordinance made by a Governor 3***, as the case may be.

(3) For the purposes of this Constitution “foreign State” means any State

other than India:

Provided that, subject to the provisions of any law made by  Parliament,

the President may by order4 declare any State not to be a foreign State for such

purposes as may be specified in the order.

5[(4)   *                *                *                  *]


purposes as may be specified in the order.

5[(4)   *                *                *                  *]

1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. for cl. (30)

(w.e.f. 1-11-1956).

2. The words and letters "specified in Part A or  Part B of the  First Schedule" omitted by

s. 29 and Sch., ibid. (w.e.f. 1-11-1956).

3. The words "or Rajpramukh" omitted by  s. 29 and Sch.,ibid. (w.e.f. 1-11-1956).

4. See the Constitution (Declaration as to Foreign States) Order, 1950 (C.O. 2).

5 .  Added  by  the  Constitution  (Application  to  Jammu  and  Kashmir)  Order,  2019

(C.O. 272). For the text of this C.O., see Appendix II.

258

PART XX

AMENDMENT OF THE CONSTITUTION

368.  1 [Power  of  Parliament  to  amend  the  Constitution  and

procedure  therefor].— 2[(1)  Notwithstanding  anything  in  this  Constitution,

Parliament may in exercise of its constituent power amend by way of addition,

variation  or  repeal  any  provision  of  this  Constitution  in  accordance  with  the

procedure laid down in this article.]

3[(2)]  An  amendment  of  this  Constitution  may  be  initiated  only  by  the

introduction of a Bill for the purpose in either House of Parliament, and when


introduction of a Bill for the purpose in either House of Parliament, and when

the Bill is passed in each House by a majority of the total membership of that

House  and  by  a  majority  of  not  less  than  two-thirds  of  the  members  of  that

House present and voting, 4[it shall be presented to the President who shall give

his  assent  to  the  Bill  and  thereupon]  the  Constitution  shall  stand  amended  in

accordance with the terms of the Bill:

Provided that if such amendment seeks to make any change in—

(a) article 54, article 55, article 73, 5[ article 162, article 241 or article

279A]; or

(b) Chapter IV of Part V, Chapter V of Part VI, or Chapter I of Part XI; or

(c) any of the Lists in the Seventh Schedule; or

(d) the representation of States in Parliament; or

(e) the provisions of this article,

1. Subs. by the Constitution (Twenty-fourth Amendment) Act, 1971, s.  3, for  "Procedure

for amendment of the Constitution" (w.e.f. 5-11-1971).

2. Ins. by s.  3, ibid. (w.e.f. 5-11-1971).

3. Art. 368 re-numbered as cl. (2) thereof by s.  3, ibid. (w.e.f. 5-11-1971).

4. Subs. by s.  3, ibid., (w.e.f. 5-11-1971).


4. Subs. by s.  3, ibid., (w.e.f. 5-11-1971).

5. Subs. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 15,  for the

words and figures "article 162 or article 241" (w.e.f. 16-9-2016).

259

the amendment shall also require to be ratified by the Legislatures of not less

than  one-half  of  the  States 1***  by  resolutions  to  that  effect  passed  by  those

Legislatures before the Bill making provision for such amendment is presented

to the President for assent.

2[(3)  Nothing  in  article  13  shall  apply  to  any  amendment  made  under  this

article.]

3[(4)  No    amendment    of    this    Constitution  (including  the  provisions  of

Part III) made or purporting to have been made under this article [whether before

or  after  the  commencement  of  section  55  of  the  Constitution  (Forty-second

Amendment) Act, 1976] shall be called in question in any court on any ground.

(5) For the removal of doubts, it is hereby declared that there shall be no

limitation whatever on the constituent power of Parliament to amend by way of

addition, variation or repeal the provisions of this Constitution under this article.]

1. The words and letters  "specified in Part A and  Part B of the First Schedule" omitted

the  Constitution

by

(w.e.f. 1-11-1956).

(Seventh  Amendment)  Act,  1956,  s.  29  and  Sch.


by

(w.e.f. 1-11-1956).

(Seventh  Amendment)  Act,  1956,  s.  29  and  Sch.

2. Ins. by the Constitution (Twenty-fourth Amendment) Act, 1971, s. 3 (w.e.f. 5-11-1971).

3. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 55 (w.e.f. 3-1-1977).

This  section has been  declared invalid by the Supreme Court in   Minerva Mills Ltd.

and Others Vs. Union of India and Others AIR 1980 SC 1789.

260

PART XXI

1[TEMPORARY, TRANSITIONAL AND

SPECIAL PROVISIONS]

369.  Temporary  power  to Parliament  to  make laws  with respect  to

certain matters in the State List as if they were matters in the Concurrent

List.—Notwithstanding  anything  in this  Constitution,  Parliament shall, during

a period of five years from the commencement of this Constitution, have power

to make laws with respect to the following matters as if they were enumerated

in the Concurrent List, namely:—

(a) trade and commerce within a State in, and the production, supply

and  distribution  of,  cotton  and  woollen  textiles,  raw  cotton  (including

ginned  cotton  and  unginned  cotton  or  kapas),  cotton  seed,  paper

(including  newsprint),  food-stuffs  (including  edible  oilseeds  and  oil),

cattle  fodder  (including  oil-cakes  and  other  concentrates),  coal

(including coke and derivatives of coal), iron, steel and mica;


cattle  fodder  (including  oil-cakes  and  other  concentrates),  coal

(including coke and derivatives of coal), iron, steel and mica;

(b)  offences  against  laws  with  respect  to  any  of  the  matters

mentioned in clause (a), jurisdiction and powers of all courts except the

Supreme Court with respect to any of those matters, and fees in respect

of any of those matters but not including fees taken in any court,

but  any  law  made  by  Parliament,  which  Parliament  would  not  but  for  the

provisions of this article have been competent to make, shall, to the extent of the

incompetency, cease to have effect on the expiration of the said period, except as

respects things done or omitted to be done before the expiration thereof.

1 .  Subs.  by

the  Constitution  (Thirteenth  Amendment)  Act,  1962,  s.  2,  for

"TEMPORARY AND TRANSITIONAL PROVISIONS" (w.e.f. 1-12-1963).

261

1[370.  Temporary  provisions  with  respect   to  the  State  of Jammu

and Kashmir.—(1) Notwithstanding anything in this Constitution,—

(a) the provisions of article 238 shall not apply in relation to the State

of  Jammu and Kashmir;

(b) the power of Parliament to make laws for  the said State shall be

limited to—

(i)  those  matters  in  the  Union  List  and    the  Concurrent  List

which,  in  consultation  with  the  Government    of  the  State,  are


which,  in  consultation  with  the  Government    of  the  State,  are

declared  by  the  President  to  correspond  to  matters  specified  in  the

Instrument  of  Accession  governing  the  accession  of  the  State to the

Dominion    of  India  as  the  matters  with  respect  to  which  the

Dominion Legislature may make laws for that State; and

 In exercise of the powers conferred by clause (3) of article 370 read with clause (1) of article

370  of  the  Constitution  of  India,  the  President,  on  the  recommendation  of  Parliament,  is

pleased  to  declare  that,  as  from  the  6th  August,  2019  all  clauses  of  said  article  370  shall

cease to be operative except the following which shall read as under, namely:—

“370. All provisions of this Constitution, as amended from time to time, without any

modifications or exceptions, shall apply to the State of Jammu and Kashmir notwithstanding

anything  contrary  contained  in  article  152  or  article  308  or  any  other  article  of  this

Constitution or any other  provision  of the Constitution of Jammu and  Kashmir  or any law,

document,  judgment,  ordinance,  order,  by-law,  rule,  regulation,  notification,  custom  or

usage  having  the  force  of  law  in  the  territory  of  India,  or  any  other  instrument,  treaty  or

agreement as envisaged under article 363 or otherwise.”.


agreement as envisaged under article 363 or otherwise.”.

(See C.O. 273, Appendix III).

1. In exercise of the powers conferred by clause (3) of the Constitution of  India, the President,

on  the  recommendation  of  the  Constituent  Assembly  of  the  State  of  Jammu  and  Kashmir,

declared that, as from the 17th day of  November, 1952, the said art. 370 shall be operative

with the modification that for the Explanation in cl. (1) thereof, the following Explanation is

substituted, namely:—

“Explanation.– For the purposes of this article, the Government of the State means the

person  for  the  time  being  recognised  by  the  President  on  the  recommendation  of  the

Legislative Assembly of the State as the *Sadar-I Riyasat of Jammu and Kashmir, acting on

the advice of the Council of Ministers of the State for the time being in office.”.

Now “Governor”.

(C.O. 44, dated the 15th November, 1952).

262

(ii) such other matters in the said Lists as, with the concurrence

of the Government of the State, the President may by order specify.

Explanation.—For    the      purposes      of        this      article,      the

Government of the State means the person for the time  being recognised

by the President as the Maharaja of Jammu  and Kashmir acting on the

advice of the Council of  Ministers for the time being in office under the

Maharaja’s Proclamation dated the fifth day of March, 1948;

(c) the provisions of article 1 and of this article shall apply in relation

to that State;


Maharaja’s Proclamation dated the fifth day of March, 1948;

(c) the provisions of article 1 and of this article shall apply in relation

to that State;

(d)  such  of  the  other  provisions  of  this  Constitution  shall  apply  in

relation to that State subject to such exceptions and modifications as the

President may by order specify:

Provided that no such order which relates to the matters specified in the

Instrument  of Accession  of the State referred to in paragraph (i) of         sub-

clause  (b)  shall  be  issued  except  in  consultation  with  the  Government  of  the

State:

Provided  further that  no  such  order  which relates  to  matters  other  than

those referred to  in the  last  preceding  proviso  shall  be  issued except  with  the

concurrence of that Government.

(2)  If  the  concurrence  of    the  Government  of  the  State  referred  to  in

paragraph  (ii)  of  sub-clause  (b)  of  clause  (1)  or  in  the  second  proviso  to

sub-clause (d) of that clause be given before the Constituent  Assembly for the

purpose of framing the Constitution  of the State is convened, it shall be placed

before such Assembly for such decision  as it may take thereon.

(3) Notwithstanding anything in the foregoing provisions of this article,

the President may, by public notification, declare that this article shall cease to

be operative or shall be operative only with such exceptions and modifications

and from such date as  he may specify:

Provided that the recommendation of the 1[Constituent Assembly of the


be operative or shall be operative only with such exceptions and modifications

and from such date as  he may specify:

Provided that the recommendation of the 1[Constituent Assembly of the

State  referred  to  in  clause  (2)]  shall  be  necessary  before  the  President  issues

such a notification.]

  See Appendix II.

1.  For  “Constituent  Assembly  of  the  State  referred  to  in  clause  (2)”,  read  “  Legislative

Assembly  of  the  State”  by  the  Constitution  (Application  to  Jammu  and  Kashmir)

Order, 2019. For the text of this C.O.272, see Appendix II.

263

1 [371.  Special  provision  with  respect  to  the  States  of  2 ***

Maharashtra and Gujarat.—3[(1)*             *              *               *                *]

(2) Notwithstanding anything in this Constitution, the President may by

order made with respect to 4[the State of Maharashtra or Gujarat], provide for

any special responsibility of the Governor for—

(a)  the  establishment  of  separate  development  boards  for  Vidarbha,

Marathwada,  5[and  the  rest  of  Maharashtra  or,  as  the  case  may  be],

Saurashtra, Kutch and the rest of Gujarat with the provision that a report

on the working of  each of these boards will be placed each year before

the State Legislative Assembly;

(b)  the  equitable  allocation  of  funds  for  developmental  expenditure

over the said areas, subject to the requirements of the State as a whole;

and


(b)  the  equitable  allocation  of  funds  for  developmental  expenditure

over the said areas, subject to the requirements of the State as a whole;

and

(c)  an  equitable  arrangement  providing    adequate  facilities  for

technical  education  and  vocational  training,  and  adequate  opportunities

for employment in services under the control of the State Government, in

respect of all the said areas, subject to the requirements of the State as a

whole.]

6[371A. Special provision with respect to the State of Nagaland.—(1)

Notwithstanding anything in this Constitution,—

(a) no Act of Parliament in respect of—

(i) religious or social practices of the Nagas,

(ii) Naga customary law and procedure,

(iii)  administration  of  civil  and  criminal  justice  involving

decisions according to Naga customary law,

(iv) ownership and transfer of land and its resources,

shall apply to the State of Nagaland unless the Legislative Assembly of

Nagaland by a resolution so decides;

1 .  Subs.  by  the  Constitution  (Seventh  Amendment)  Act,  1956,  s.  22,  for  art.  371

(w.e.f. 1-11-1956).

2. The words "Andhra Pradesh", omitted by the Constitution (Thirty-second Amendment)

Act, 1973, s. 2 (w.e.f. 1-7-1974).

3. Cl. (1) omitted by s. 2,  ibid. (w.e.f. 1-7-1974).

4. Subs.  by the Bombay Reorganisation  Act, 1960 (11 of 1960), s. 85,  for  "the State of


4. Subs.  by the Bombay Reorganisation  Act, 1960 (11 of 1960), s. 85,  for  "the State of

Bombay" (w.e.f. 1-5-1960).

5. Subs. by s. 85, ibid., for "the rest of Maharashtra" (w.e.f. 1-5-1960).

6. Ins. by the Constitution (Thirteenth Amendment) Act, 1962, s. 2 (w.e.f. 1-12-1963).

264

(b)  the  Governor  of  Nagaland  shall  have  special  responsibility  with

respect to  law  and  order in the  State  of  Nagaland  for  so  long  as in  his

opinion internal disturbances occurring in the Naga Hills-Tuensang Area

immediately before the formation of that State continue therein  or in any

part  thereof  and  in  the  discharge  of  his  functions in relation thereto  the

Governor  shall,  after  consulting  the  Council  of  Ministers,  exercise  his

individual judgment as to the action to be taken:

Provided  that  if  any  question    arises  whether  any  matter  is  or  is

not  a  matter  as  respects  which  the  Governor  is  under    this  sub-clause

required to act in the exercise of his individual judgment, the decision of

the  Governor  in    his  discretion  shall  be    final,  and  the  validity  of

anything  done  by  the  Governor  shall  not  be  called  in  question  on  the


anything  done  by  the  Governor  shall  not  be  called  in  question  on  the

ground  that  he  ought  or  ought  not  to  have  acted  in  the  exercise  of  his

individual judgment:

Provided further that if the President on receipt  of a report from

the  Governor  or  otherwise  is satisfied that  it  is  no  longer  necessary  for

the Governor to have special responsibility with respect to law and order

in the State of Nagaland, he may by order direct that the Governor shall

cease  to  have such responsibility  with  effect  from  such date  as  may  be

specified in the order;

(c) in making his recommendation with respect to any demand for a

grant, the  Governor  of  Nagaland  shall  ensure that  any  money  provided

by  the  Government  of  India  out  of  the  Consolidated  Fund  of   India  for

any  specific  service  or  purpose  is  included  in  the  demand  for  a  grant

relating to that service or purpose and not in any other demand;

(d)  as  from  such  date  as  the  Governor  of  Nagaland  may  by  public

notification  in  this  behalf  specify,  there  shall  be  established  a  regional

council for the Tuensang district consisting  of thirty-five members and

the Governor shall in his discretion make rules providing for—

(i)  the  composition  of  the  regional  council  and  the  manner  in

which the members of the regional council shall be chosen:

Provided    that  the  Deputy  Commissioner  of  the  Tuensang


which the members of the regional council shall be chosen:

Provided    that  the  Deputy  Commissioner  of  the  Tuensang

district  shall be the Chairman  ex officio of the regional council and

the  Vice-Chairman  of  the  regional  council  shall  be  elected  by  the

members thereof from amongst themselves;

(ii)  the  qualifications    for    being  chosen  as,  and  for  being,

members of the regional council;

(iii) the term of office of, and the salaries and allowances, if any,

to be paid to members of, the regional council;

265

(iv) the procedure and conduct of business of the regional council;

(v) the appointment  of officers and staff of the regional council

and their conditions of services; and

(vi) any  other matter in respect  of which it is necessary  to  make

rules for the constitution and proper functioning of the regional council.

(2)  Notwithstanding  anything  in  this  Constitution,  for  a  period  of  ten

years from the date of the formation of the State of Nagaland or for such further

period as the Governor may, on the recommendation of the regional council, by

public notification specify in this behalf,—

(a) the administration of the Tuensang district shall be  carried on by

the Governor;

(b) where any money is provided by the Government of India to the

Government  of  Nagaland  to  meet  the  requirements  of  the  State  of

Nagaland as a whole, the Governor shall in his discretion arrange for an

equitable allocation of that money between the Tuensang district and the

rest of the State;


Nagaland as a whole, the Governor shall in his discretion arrange for an

equitable allocation of that money between the Tuensang district and the

rest of the State;

(c)  no  Act  of  the  Legislature  of  Nagaland  shall  apply  to  Tuensang

district  unless  the  Governor,  on  the  recommendation  of  the  regional

council, by public notification so directs and the Governor in giving such

direction with respect to any such Act may direct that the Act shall in its

application  to  the  Tuensang  district  or  any  part  thereof  have  effect

subject to such exceptions or modifications as the Governor may specify

on the recommendation of the regional council:

Provided  that  any  direction  given  under  this  sub-clause  may  be

given so as to have retrospective effect;

(d) the Governor may make regulations for the peace, progress and good

government of the Tuensang district and any regulations so made may repeal

or amend with retrospective effect, if necessary, any Act of Parliament or any

other law which is for the time being applicable to that district;

(e)  (i)  one  of  the  members  representing  the Tuensang  district  in the

Legislative  Assembly  of  Nagaland  shall  be  appointed  Minister  for

Tuensang  affairs  by  the  Governor  on  the  advice  of  the  Chief  Minister

and  the  Chief  Minister  in  tendering  his  advice  shall  act  on  the

recommendation of the majority of the members as aforesaid1;


and  the  Chief  Minister  in  tendering  his  advice  shall  act  on  the

recommendation of the majority of the members as aforesaid1;

1.  Paragraph  2  of  the  Constitution  (Removal  of  Difficulties)  Order  No.  X    provides

(w.e.f. 1-12-1963) that article 371A of the Constitution of India shall have effect as if

the  following  proviso  were  added  to  paragraph  (i)  of  sub-clause    (e)  of  clause  (2)

thereof, namely:—

"Provided that the Governor may, on the advice of the Chief Minister, appoint

any  person as Minister  for Tuensang affairs to act as  such until  such  time as  persons

are chosen in accordance with law to fill the seats allocated to the Tuensang district, in

the Legislative Assembly of Nagaland.".

266

(ii)  the  Minister  for  Tuensang  affairs  shall  deal  with,  and  have

direct  access  to  the  Governor  on,  all  matters  relating  to  the  Tuensang

district but he shall keep the Chief Minister informed about the same;

(f)  notwithstanding  anything  in  the  foregoing  provisions  of  this

clause, the final decision on all matters relating to the Tuensang district

shall be made by the Governor in his discretion;

(g) in articles 54 and 55 and clause (4) of article 80, references to the

elected members of the Legislative Assembly of a State or to each such

member  shall  include  references  to  the  members  or  member  of  the


elected members of the Legislative Assembly of a State or to each such

member  shall  include  references  to  the  members  or  member  of  the

Legislative  Assembly  of  Nagaland  elected  by  the  regional  council

established under this article;

(h) in article 170—

(i) clause (1) shall, in relation to the Legislative Assembly of

Nagaland, have effect as if for the word “sixty”, the word “forty-

six” had been substituted;

(ii)  in  the  said  clause,  the  reference  to  direct  election  from

territorial constituencies in the State shall include election by the

members of the regional council established under this article;

(iii)

in  clauses  (2)  and  (3),  references

territorial

constituencies shall mean references to territorial constituencies in

the Kohima and Mokokchung districts.

to

(3)  If  any  difficulty  arises  in  giving  effect  to  any  of  the  foregoing

provisions  of  this  article,  the  President  may  by  order  do  anything  (including

any adaptation or modification of any other article) which appears to him to be

necessary for the purpose of removing that difficulty:

Provided that no  such  order shall  be  made  after  the expiration  of  three

years from the date of the formation of the State of Nagaland.

Explanation..—In  this article, the  Kohima,  Mokokchung  and  Tuensang

districts shall have the same meanings as in the State of Nagaland Act, 1962.]


districts shall have the same meanings as in the State of Nagaland Act, 1962.]

1 [371B.  Special  provision  with  respect  to  the  State  of  Assam.—

Notwithstanding  anything  in  this  Constitution,  the  President  may,  by  order

made  with  respect  to  the  State  of  Assam,  provide  for  the  constitution  and

functions of a committee of the Legislative Assembly of the State consisting of

1. Ins. by the Constitution (Twenty-second Amendment) Act, 1969, s. 4 (w.e.f. 25-9-1969).

267

members of that Assembly elected from the tribal areas specified in 1[Part I] of

the table appended to paragraph 20 of the Sixth Schedule and such number of

other  members  of that  Assembly  as  may  be  specified  in the  order  and  for  the

modifications  to  be  made  in  the  rules  of  procedure  of  that  Assembly  for  the

constitution and proper functioning of such committee.]

2[371C.  Special  provision  with  respect  to  the  State  of  Manipur.—(1)

Notwithstanding anything in this Constitution, the President may, by order made

with respect to the State of Manipur, provide for the constitution and functions of

a committee  of the Legislative Assembly of the State  consisting of members of

that Assembly elected from the Hill Areas of that State, for the modifications to

be made in the rules of business of the Government and in the rules of procedure

of the Legislative Assembly of the State and for any  special responsibility of the

Governor in order to secure the proper functioning of such committee.


of the Legislative Assembly of the State and for any  special responsibility of the

Governor in order to secure the proper functioning of such committee.

(2) The Governor shall annually, or whenever so required by the President,

make a report to the  President regarding the administration  of the Hill  Areas in

the  State  of  Manipur  and  the  executive  power  of  the  Union  shall  extend  to  the

giving of directions to the State as to the administration of the said areas.

Explanation.—In  this  article,  the  expression  “Hill  Areas”  means  such

areas as the President may, by order, declare to be Hill areas.]

3 [371D.  Special  provisions  with  respect  to  4 [the  State  of  Andhra

Pradesh  or the  State  of  Telangana].—5[(1) The President may by order made

with respect  to the State of Andhra Pradesh or the State of  Telangana, provide,

having  regard  to  the  requirement  of  each  State,  for  equitable  opportunities  and

facilities  for the  people belonging to  different parts  of such State, in the matter

of public  employment  and  in  the  matter  of  education,  and  different  provisions

may be made for various parts of the States.]

(2) An order made under clause (1) may, in particular,—

1. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71, for

"Part A" (w.e.f. 21-1-1972).


"Part A" (w.e.f. 21-1-1972).

2. Ins. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 5 (w.e.f. 15-2-1972).

3. Ins. by the Constitution (Thirty-second Amendment) Act, 1973, s. 3 (w.e.f. 1-7-1974).

4.  Subs.  by  the  Andhra  Pradesh  Reorganisation  Act,  2014  (6  of  2014),  s.  97,  for  “the

State of Andhra Pradesh”  (w.e.f. 2-6-2014).

5. Subs. by s. 97, ibid. for cl. (1) (w.e.f. 2-6-2014).

268

(a) require the State  Government to  organise any  class  or  classes of

posts in a civil service of, or any class or classes of civil posts under, the

State  into different local cadres for different parts of the State and allot

in accordance with such principles and procedure as may be specified in

the order the persons holding such posts to the local cadres so organised;

(b) specify  any  part  or parts  of the State  which  shall  be  regarded as

the local area—

(i) for direct recruitment to posts in any local cadre (whether

organised in pursuance of an order under this article or constituted

otherwise) under the State Government;

(ii) for direct recruitment to posts in any cadre under any local

authority within the State; and

(iii) for the purposes of admission to any University within the

State or to any other educational institution which is subject to the

control of the State Government;


authority within the State; and

(iii) for the purposes of admission to any University within the

State or to any other educational institution which is subject to the

control of the State Government;

(c)  specify  the  extent  to  which,  the  manner  in  which  and  the

conditions  subject to  which,  preference  or  reservation  shall  be  given  or

made—

(i) in the matter of direct recruitment to posts in any such cadre

referred to in sub-clause (b) as may  be  specified in this behalf in

the order;

(ii) in the matter of admission to any such University or other

educational  institution  referred  to  in  sub-clause  (b)  as  may  be

specified in this behalf in the order,

to or in favour of candidates who have resided or studied for any period

specified  in  the  order  in  the  local  area  in  respect  of  such  cadre,

University or other educational institution, as the case may be.

(3)  The  President  may,  by  order,  provide  for  the  constitution  of  an

Administrative Tribunal for 1[the State of Andhra Pradesh and for the State of

Telangana]  to  exercise  such  jurisdiction, powers and authority  [including  any

jurisdiction, power and authority which immediately before the commencement

of the Constitution (Thirty-second Amendment) Act, 1973, was exercisable by

any court (other than the Supreme Court) or by any tribunal or other authority]

as  may  be  specified  in  the  order  with  respect  to  the  following  matters,

namely:—


as  may  be  specified  in  the  order  with  respect  to  the  following  matters,

namely:—

1.  Subs.  by  the  Andhra  Pradesh  Reorganisation  Act,  2014  (6  of  2014),  s.  97,  for  “the

State of Andhra Pradesh” (w.e.f. 2-6-2014).

269

(a)  appointment,  allotment  or  promotion  to  such  class  or  classes  of

posts in any civil service of the State, or to such class or classes of civil

posts  under  the  State,  or  to  such  class  or  classes  of  posts  under  the

control of any local authority within the State, as may be specified in the

order;

(b) seniority of persons appointed, allotted or promoted to such class

or  classes  of  posts  in  any  civil  service  of  the  State,  or to  such  class  or

classes of civil posts under the State, or to such class or classes of posts

under  the  control  of  any  local  authority  within  the  State,  as  may  be

specified in the order;

(c) such other conditions of service of persons appointed, allotted or

promoted to such class or classes of posts in any civil service of the State

or to such class or classes of civil posts under the State or to such class

or  classes  of  posts  under  the  control  of  any  local  authority  within  the

State, as may be specified in the order.

(4) An order made under clause (3) may—


State, as may be specified in the order.

(4) An order made under clause (3) may—

(a)  authorise  the  Administrative  Tribunal  to  receive  representations

for the redress of grievances relating to any matter within its jurisdiction

as  the  President  may  specify  in  the  order  and  to  make  such  orders

thereon as the Administrative Tribunal deems fit;

(b) contain such provisions with respect to the powers and authorities

and procedure of the Administrative Tribunal (including provisions with

respect  to  the  powers  of  the  Administrative  Tribunal  to  punish  for

contempt of itself) as the President may deem necessary;

(c)  provide  for  the  transfer  to  the  Administrative  Tribunal  of  such

classes  of  proceedings,  being  proceedings  relating  to  matters  within its

jurisdiction and pending before any court (other than the Supreme Court)

or tribunal or other authority immediately before the commencement of

such order, as may be specified in the order;

(d)  contain  such  supplemental,

incidental  and  consequential

provisions (including provisions as to fees and as to limitation, evidence

or  for  the  application  of  any  law  for  the  time  being  in  force  subject  to

any exceptions or modifications) as the President may deem necessary.

270

(5)  The  Order  of  the  Administrative  Tribunal  finally  disposing  of  any

case shall become effective upon its confirmation by the State Government or

on  the  expiry  of  three  months  from  the  date  on  which  the  order  is  made,

whichever is earlier:


on  the  expiry  of  three  months  from  the  date  on  which  the  order  is  made,

whichever is earlier:

Provided  that  the  State  Government  may,  by  special  order  made  in

writing and for reasons to be specified therein, modify or annul any order of the

Administrative  Tribunal  before  it  becomes  effective  and  in  such  a  case,  the

order  of  the  Administrative  Tribunal  shall  have  effect  only  in  such  modified

form or be of no effect, as the case may be.

(6) Every special order made by the State Government under the proviso

to  clause  (5)  shall  be  laid,  as  soon  as  may  be  after  it  is  made,  before  both

Houses of the State Legislature.

(7)  The  High  Court  for  the  State  shall  not  have  any  powers  of

superintendence over the Administrative Tribunal and no court (other than the

Supreme Court) or tribunal shall exercise any jurisdiction, power or authority in

respect  of  any  matter  subject  to  the  jurisdiction,  power  or  authority  of,  or  in

relation to, the Administrative Tribunal.

(8)  If  the  President  is  satisfied  that  the  continued  existence  of  the

Administrative  Tribunal  is  not  necessary,  the  President  may  by  order  abolish

the Administrative Tribunal and make such provisions in such order as he may

deem  fit  for  the  transfer  and  disposal  of  cases  pending  before  the  Tribunal

immediately before such abolition.


deem  fit  for  the  transfer  and  disposal  of  cases  pending  before  the  Tribunal

immediately before such abolition.

(9) Notwithstanding any judgment, decree or order of any court, tribunal

or other authority,—

(a) no appointment, posting, promotion or transfer of any person—

(i)  made  before  the  1st  day  of  November,  1956,  to  any  post

under the Government of, or any local authority within, the State

of Hyderabad as it existed before that date; or

(ii)  made  before  the  commencement  of  the  Constitution

(Thirty-second  Amendment)  Act,  1973,  to  any  post  under  the

Government of, or any local or other authority within, the State of

Andhra Pradesh; and

(b) no action taken or thing done by or before any person referred to

in sub-clause (a),

  In P. Sambamurthy and  Others Vs. State of Andhra Pradesh and Others (1987) 1 S.C.C. 362, the

Supreme Court declared cl. (5) of art. 371D along with the proviso to be unconstitutional  and void.

271

shall  be  deemed  to  be  illegal  or  void  or  ever  to  have  become  illegal  or  void

merely  on  the  ground  that  the  appointment,  posting,  promotion  or  transfer  of

such person was not made in accordance with any law, then in force, providing

for  any  requirement  as  to  residence  within  the  State  of  Hyderabad  or,  as  the


for  any  requirement  as  to  residence  within  the  State  of  Hyderabad  or,  as  the

case may be, within any part of the State of Andhra Pradesh, in respect of such

appointment, posting, promotion or transfer.

(10)  The  provisions  of  this  article  and  of  any  order  made  by  the

President  thereunder  shall  have  effect  notwithstanding  anything  in  any  other

provision of this Constitution or in any other law for the time being in force.

371E.  Establishment  of  Central  University  in  Andhra  Pradesh.—

Parliament  may  by  law  provide  for  the  establishment  of  a  University  in  the

State of Andhra Pradesh.]

1[371F.  Special  provisions  with  respect  to  the  State  of  Sikkim.—

Notwithstanding anything in this Constitution,—

(a) the  Legislative  Assembly  of  the  State  of  Sikkim  shall  consist of

not less than thirty members;

(b)  as  from  the  date  of  commencement  of  the  Constitution  (Thirty-

sixth  Amendment)  Act,  1975  (hereafter in  this  article referred to as  the

appointed day)—

(i) the Assembly for Sikkim formed as a result of the elections

held in Sikkim in April, 1974 with thirty-two members elected in the

said elections (hereinafter referred to as the sitting members) shall be

deemed to  be the  Legislative  Assembly  of  the  State  of  Sikkim  duly

constituted under this Constitution;


deemed to  be the  Legislative  Assembly  of  the  State  of  Sikkim  duly

constituted under this Constitution;

(ii)  the  sitting  members  shall  be  deemed  to  be the  members  of

the  Legislative  Assembly  of  the  State  of  Sikkim  duly  elected  under

this Constitution; and

(iii) the said  Legislative  Assembly  of  the  State  of  Sikkim  shall

exercise  the  powers  and  perform  the  functions  of  the  Legislative

Assembly of a State under this Constitution;

1. Ins. by the Constitution (Thirty-sixth Amendment) Act, 1975, s. 3 (w.e.f. 26-4-1975).

272

(c)  in  the  case  of  the  Assembly  deemed  to  be  the  Legislative

Assembly of the  State of Sikkim under clause (b), the references to the

period of 1[five  years], in clause (1) of article 172 shall be construed as

references to a period of 2[four years] and the said period of 2[four years]

shall be deemed to commence from the appointed day;

(d) until other provisions are made by Parliament by law, there shall

be allotted to the State of Sikkim one seat in the House of the People and

the  State  of  Sikkim  shall  form  one  parliamentary  constituency  to  be

called the parliamentary constituency for Sikkim;

(e)  the  representative  of  the  State  of  Sikkim  in  the  House  of  the

People  in  existence  on  the  appointed  day  shall  be  elected  by  the


People  in  existence  on  the  appointed  day  shall  be  elected  by  the

members of the Legislative Assembly of the State of Sikkim;

(f)  Parliament  may,  for  the  purpose  of  protecting  the  rights  and

interests  of  the  different  sections  of  the  population  of  Sikkim  make

provision  for  the  number  of  seats  in  the  Legislative  Assembly  of  the

State  of  Sikkim  which  may  be  filled  by  candidates  belonging  to  such

sections  and  for  the  delimitation  of  the  assembly  constituencies  from

which candidates belonging to such sections alone may stand for election

to the Legislative Assembly of the State of Sikkim;

(g) the Governor of Sikkim shall have special responsibility for peace

and  for  an  equitable  arrangement  for  ensuring  the  social  and  economic

advancement of different sections of the population of Sikkim and in the

discharge of his special responsibility under this clause, the Governor of

Sikkim shall, subject to such directions as the President may, from time

to time, deem fit to issue, act in his discretion;

(h)  all  property  and  assets  (whether  within  or  outside  the  territories

comprised in the State of Sikkim) which immediately before the appointed

day were vested in the Government of Sikkim or in any other authority or

in any person for the purposes of the Government of Sikkim shall, as from

the appointed day, vest in the Government of the State of Sikkim;

(i)  the  High  Court  functioning  as  such  immediately  before  the


the appointed day, vest in the Government of the State of Sikkim;

(i)  the  High  Court  functioning  as  such  immediately  before  the

appointed day in the territories comprised in the State of Sikkim shall, on

and  from  the  appointed  day,  be  deemed  to  be  the  High  Court  for  the

State of Sikkim;

1. Subs. by the Constitution  (Forty-second Amendment)  Act, 1976, s. 56, for "five years

(w.e.f. 3-1-1977) and further subs. by the Constitution (Forty-fourth Amendment)  Act,

1978, s. 43,  for "six years" (w.e.f. 6-9-1979).

2. Subs. by s. 56, ibid., for "four years" (w.e.f. 3-1-1977) and further subs. by s. 43, ibid.,

for  "five years", respectively  (w.e.f. 6-9-1979).

273

(j) all courts of civil, criminal and revenue jurisdiction, all authorities and

all officers, judicial, executive and ministerial, throughout the territory of the

State  of  Sikkim  shall  continue  on  and  from  the  appointed  day  to  exercise

their respective functions subject to the provisions of this Constitution;

(k)  all  laws  in  force  immediately  before  the  appointed  day  in  the

territories  comprised  in  the  State  of  Sikkim  or  any  part  thereof  shall

continue to be in force therein until amended or repealed by a competent

Legislature or other competent authority;


continue to be in force therein until amended or repealed by a competent

Legislature or other competent authority;

(l) for the purpose of facilitating the application of any such law as is

referred to in  clause (k) in relation to the administration  of  the State  of

Sikkim and  for  the  purpose  of  bringing  the provisions  of  any  such  law

into accord  with  the  provisions  of  this  Constitution, the  President  may,

within  two  years  from  the  appointed  day,  by  order,  make  such

adaptations  and  modifications  of  the  law,  whether  by  way  of  repeal  or

amendment,  as  may  be  necessary  or  expedient,  and  thereupon,  every

such law shall have effect subject to the adaptations and modifications so

made, and any such adaptation or modification shall not be questioned in

any court of law;

(m)  neither  the  Supreme  Court  nor  any  other  court  shall  have

jurisdiction  in respect  of  any  dispute  or  other  matter  arising  out  of  any

treaty,  agreement,  engagement  or  other  similar  instrument  relating  to

Sikkim which was entered into or executed before the appointed day and

to which the Government of India or any of its predecessor Governments

was  a  party,  but  nothing  in  this  clause  shall  be  construed  to  derogate

from the provisions of article 143;

(n) the President may, by public notification, extend with such restrictions

or modifications as he thinks fit to the State of Sikkim any enactment which


from the provisions of article 143;

(n) the President may, by public notification, extend with such restrictions

or modifications as he thinks fit to the State of Sikkim any enactment which

is in force in a State in India at the date of the notification;

(o)  if  any  difficulty  arises  in  giving  effect  to  any  of  the  foregoing

provisions  of  this  article,  the  President  may,  by  order,  do  anything

(including  any  adaptation  or  modification  of  any  other  article)  which

appears  to  him  to  be  necessary  for  the  purpose  of  removing  that

difficulty:

 See the Constitution (Removal of Difficulties) Order No. XI (C.O. 99).

274

Provided  that  no  such  order  shall  be  made  after  the  expiry  of  two

years from the appointed day;

(p) all things done and all actions taken in or in relation to the State

of  Sikkim  or  the  territories  comprised  therein  during  the  period

commencing  on  the  appointed  day  and  ending  immediately  before  the

date  on  which  the  Constitution  (Thirty-sixth  Amendment)  Act,  1975,

receives  the  assent  of  the  President  shall,  in  so  far  as  they  are  in

conformity  with  the  provisions  of  this  Constitution  as  amended  by  the

Constitution  (Thirty-sixth  Amendment)  Act,  1975,  be  deemed  for  all


Constitution  (Thirty-sixth  Amendment)  Act,  1975,  be  deemed  for  all

purposes to have been validly done or taken under this Constitution as so

amended.]

1[371G.  Special  provision  with  respect  to  the  State  of  Mizoram.—

Notwithstanding anything in this Constitution,—

(a) no Act of Parliament in respect of—

(i) religious or social practices of the Mizos,

(ii) Mizo customary law and procedure,

(iii)  administration  of  civil  and  criminal  justice  involving

decisions according to Mizo customary law,

(iv) ownership and transfer of land,

shall apply to the State of Mizoram unless the Legislative Assembly of

the State of Mizoram by a resolution so decides:

Provided that nothing in this clause shall apply to any Central Act in

force  in  the  Union  territory  of  Mizoram  immediately  before  the

commencement of the Constitution (Fifty-third Amendment) Act, 1986;

(b) the Legislative Assembly of the State of Mizoram shall consist of

not less than forty members.]

2[371H.  Special  provision  with  respect  to  the  State  of  Arunachal

Pradesh.—Notwithstanding anything in this Constitution,—

(a)  the  Governor  of  Arunachal  Pradesh  shall  have  special

responsibility  with  respect  to  law  and  order  in  the  State  of  Arunachal

Pradesh  and  in  the  discharge  of  his  functions  in  relation  thereto,  the

Governor  shall,  after  consulting  the  Council  of  Ministers,  exercise  his


Governor  shall,  after  consulting  the  Council  of  Ministers,  exercise  his

individual judgment as to the action to be taken:

1. Ins. by the Constitution (Fifty-third Amendment) Act, 1986.s. 2 (w.e.f. 20-2-1987).

2. Ins. by the Constitution (Fifty-fifth Amendment) Act, 1986, s. 2 (w.e.f. 20-2-1987).

275

Provided that if any question arises whether any matter is or is not a

matter as respects which the Governor is under this clause required to act

in the exercise of his individual judgment, the decision of the Governor in

his  discretion  shall  be  final,  and  the  validity  of  anything  done  by  the

Governor  shall  not  be  called  in  question  on  the  ground  that  he  ought  or

ought not to have acted in the exercise of his individual judgment:

Provided  further  that if  the  President  on  receipt  of  a  report  from

the  Governor  or  otherwise  is  satisfied that it is  no longer  necessary  for

the Governor to have special responsibility with respect to law and order

in  the  State  of  Arunachal  Pradesh,  he  may  by  order  direct  that  the

Governor  shall  cease to  have  such responsibility  with  effect  from  such

date as may be specified in the order;

(b)  the  Legislative  Assembly  of  the  State  of  Arunachal  Pradesh

shall consist of not less than thirty members.]


(b)  the  Legislative  Assembly  of  the  State  of  Arunachal  Pradesh

shall consist of not less than thirty members.]

1 [371-I.  Special  provision  with  respect  to  the  State  of  Goa.—

Notwithstanding anything in this Constitution, the Legislative Assembly of the

State of Goa shall consist of not less than thirty members.]

2[371J. Special provisions with respect to the State of Karnataka.—

(1)  The  President  may,  by  order  made  with respect  to  the  State  of  Karnataka,

provide for any special responsibility of the Governor for—

(a) establishment of a separate development board for Hyderabad-

Karnataka region with the provision that a report on the working of the

board will be placed each year before the State Legislative Assembly;

(b)  equitable  allocation  of  funds  for  developmental  expenditure

over the said region, subject  to the requirements of the State as a whole;

and

(c) equitable opportunities and facilities for the people belonging

to  the  said  region,  in  matters  of  public  employment,  education  and

vocational training, subject to the requirements of the State as a whole.

(2) An order made under sub- clause (c) of clause (1) may provide for—

(a) reservation of a proportion of  seats educational and vocational

training institutions in the Hyderabad-Karnataka region for students who

belong to that region by birth or by domicile; and

1. Ins. by the Constitution (Fifty-sixth Amendment) Act, 1987, s. 2 (w.e.f. 30-5-1987).


1. Ins. by the Constitution (Fifty-sixth Amendment) Act, 1987, s. 2 (w.e.f. 30-5-1987).

2. Ins. by the Constitution (Ninety-eighth Amendment) Act, 2012, s. 2 (w.e.f. 1-10-2013).

276

(b)  identification  of  posts  or  classes  of  posts  under  the  State

Government  and  in  any  body  or  organisation  under  the  control  of  the

State Government in the Hyderabad-Karnataka region and reservation of

a proportion of such posts for persons who belong to that region by birth

or  by  domicile and  for  appointment thereto  by  direct  recruitment or  by

promotion or in any other manner as may be specified in the order.]

372. Continuance in force of existing laws and their adaptation.—(1)

Notwithstanding the repeal by this Constitution of the enactments referred to in

article 395 but subject to the other provisions of this Constitution, all the law in

force  in  the  territory  of  India  immediately  before  the  commencement  of  this

Constitution shall continue in force therein until altered or repealed or amended

by a competent Legislature or other competent authority.

(2) For the purpose of bringing the provisions of any law in force in the

territory  of  India  into  accord  with  the  provisions  of  this  Constitution,  the

President may by order make such adaptations and modifications of such law,

whether by way of repeal or amendment, as may be necessary or expedient, and

provide that the law shall, as from such date as may be specified in the order,


whether by way of repeal or amendment, as may be necessary or expedient, and

provide that the law shall, as from such date as may be specified in the order,

have effect subject to the adaptations and modifications so made, and any such

adaptation or modification shall not be questioned in any court of law.

(3) Nothing in clause (2) shall be deemed—

(a)  to  empower  the  President  to  make  any  adaptation  or

modification  of  any  law  after  the  expiration  of 1[three  years]  from  the

commencement of this Constitution; or

(b)  to  prevent  any  competent  Legislature  or  other  competent

authority  from  repealing  or  amending  any  law  adapted  or  modified  by

the President under the said clause.

  See  the  Adaptation  of  Laws  Order,  1950,  dated  the  26th  January,  1950,  Gazette  of

India, Extraordinary, p. 449, as amended by notification No. S.R.O. 115, dated the 5th

June, 1950, Gazette  of India,  Extraordinary, Part II, Section 3, p. 51, notification No.

S.R.O.  870,  dated  the  4th  November,  1950,  Gazette  of  India,  Extraordinary,  Part  II,

Section  3,  p.  903,  notification  No.  S.R.O.  508,  dated  the  4th  April,  1951, Gazette  of


India,  Extraordinary, Part II,  Section 3,  p. 287,  notification  No.  S.R.O. 1140B, dated

the 2nd July, 1952, Gazette of India, Extraordinary, Part II, Section 3, p. 616/1, and the

Adaptation  of  the  Travancore-Cochin  Land  Acquisition  Laws  Order,  1952,  dated  the

20th November, 1952, Gazette of India, Extraordinary, Part II, Section 3, p. 923.

1 .  Subs.  by  the  Constitution  (First  Amendment)  Act,  1951,  s.  12  for  "two  years"

(w.e.f. 18-6-1951).

277

Explanation  I.—The  expression  “law  in  force”  in  this  article  shall

include a law passed or made by a Legislature or other competent authority in

the  territory  of  India  before  the  commencement  of  this  Constitution  and  not

previously  repealed,  notwithstanding  that  it  or  parts  of  it  may  not  be  then  in

operation either at all or in particular areas.

Explanation  II.—Any  law  passed  or  made  by  a  Legislature  or  other

competent  authority  in  the  territory  of  India  which  immediately  before  the

commencement of this Constitution had extra-territorial effect as well as effect

in the territory of India shall, subject to any such adaptations and modifications

as aforesaid, continue to have such extra-territorial effect.

Explanation III.—Nothing in this article shall be construed as continuing


as aforesaid, continue to have such extra-territorial effect.

Explanation III.—Nothing in this article shall be construed as continuing

any temporary law in force beyond the date fixed for its expiration or the date

on which it would have expired if this Constitution had  not come into force.

Explanation  IV.—An  Ordinance  promulgated  by  the  Governor  of  a

Province under section 88 of the Government of India Act, 1935, and in force

immediately  before  the  commencement  of  this  Constitution  shall,  unless

withdrawn by the Governor of the corresponding State earlier, cease to operate

at the expiration of six weeks from the first meeting after such commencement

of the Legislative Assembly of that State functioning under clause (1) of article

382,  and    nothing  in  this  article  shall  be  construed  as  continuing  any  such

Ordinance in force beyond the said period.

the  commencement  of

1[372A.  Power of the President to adapt laws.—(1) For the purposes

of  bringing the  provisions  of  any  law in  force  in  India  or in  any  part thereof,

immediately  before

the  Constitution  (Seventh

Amendment) Act, 1956, into accord with the provisions of this Constitution as

amended by that Act, the President may by order made before the first day of

November, 1957, make such adaptations and modifications of the law, whether

by way of repeal or amendment, as may be necessary or expedient, and provide

that  the  law  shall,  as  from  such  date  as  may  be    specified  in  the  order,  have


that  the  law  shall,  as  from  such  date  as  may  be    specified  in  the  order,  have

effect  subject  to  the  adaptations  and  modifications  so  made,  and  any  such

adaptation or modification shall not be questioned in any court of law.

(2)  Nothing  in  clause  (1)  shall  be  deemed  to  prevent  a  competent

Legislature  or  other  competent authority  from  repealing  or  amending  any  law

adapted or modified by the President  under the said clause.]

1. Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 23 (w.e.f. 1-11-1956).

 See the Adaptation of Laws Order of 1956 and 1957.

278

373. Power  of President to  make  order in  respect  of  persons under

preventive detention in certain cases.—Until provision is made by Parliament

under  clause  (7)  of  article  22,  or  until  the  expiration  of  one  year  from  the

commencement of this Constitution, whichever  is earlier, the said  article shall

have effect as if for any reference to Parliament in clauses (4) and (7) thereof

there were substituted a reference to the President and for any reference to any

law made by Parliament in those clauses there were substituted a reference to

an order made by the President.

the  Federal  Court  holding  office

374.  Provisions  as  to  Judges  of  the  Federal  Court  and  proceedings

pending  in the Federal  Court  or  before His Majesty  in  Council.—(1) The


pending  in the Federal  Court  or  before His Majesty  in  Council.—(1) The

Judges  of

the

commencement  of  this  Constitution  shall, unless they  have  elected  otherwise,

become  on  such  commencement  the  Judges  of  the  Supreme  Court  and  shall

thereupon  be  entitled  to  such  salaries  and  allowances  and  to  such  rights  in

respect of leave of absence and pension as are provided for under article 125 in

respect of the Judges of the Supreme Court.

immediately  before

(2)  All  suits,  appeals  and  proceedings,  civil  or  criminal,  pending  in  the

Federal Court at the  commencement  of this Constitution shall stand removed to

the  Supreme  Court,  and  the  Supreme  Court  shall  have  jurisdiction  to  hear  and

determine the same, and the judgments and  orders of the Federal Court delivered

or made before the  commencement of this Constitution shall have the same force

and effect as if they had been delivered or made by the Supreme Court.

(3) Nothing in this Constitution shall operate to invalidate the exercise of

jurisdiction by His Majesty in Council to dispose of appeals and petitions from,

or in respect of, any judgment, decree or order of any court within the territory

of  India in so far as the exercise of such jurisdiction is authorised by law, and

any order of His Majesty in Council made on any such appeal or petition after

the commencement of this Constitution shall for all purposes have effect as if it

were  an  order  or  decree  made  by  the  Supreme  Court  in  the  exercise  of  the

jurisdiction conferred on such Court by this Constitution.


were  an  order  or  decree  made  by  the  Supreme  Court  in  the  exercise  of  the

jurisdiction conferred on such Court by this Constitution.

(4) On and from the commencement of this Constitution the jurisdiction of

the authority functioning as the Privy Council in a State specified in Part B of the

First Schedule to entertain and dispose of appeals and petitions from or in respect

of any judgment, decree or order of any court within that State shall cease, and all

appeals  and  other  proceedings  pending  before  the  said  authority  at  such

commencement shall be transferred to, and disposed of by, the Supreme Court.

(5) Further provision may be made by Parliament by law to give effect to

the provisions of this article.

279

375. Courts, authorities and officers to continue to function subject

to  the  provisions  of  the  Constitution.—All  courts  of  civil,  criminal  and

revenue  jurisdiction,  all  authorities  and  all  officers,  judicial,  executive  and

ministerial,  throughout  the  territory  of  India,  shall  continue  to  exercise  their

respective functions subject to the provisions of this Constitution.

376.  Provisions  as  to  Judges  of  High  Courts.—(1)  Notwithstanding

anything  in  clause  (2)  of  article  217,  the  Judges  of  a  High  Court  in  any

Province  holding  office  immediately  before  the  commencement  of  this

Constitution  shall,  unless  they  have  elected  otherwise,  become  on  such

commencement the  Judges  of  the  High  Court in  the  corresponding  State,  and


commencement the  Judges  of  the  High  Court in  the  corresponding  State,  and

shall thereupon be entitled to such salaries and allowances and to such rights in

respect of leave of absence and pension as are provided for under article 221 in

respect  of  the  Judges  of  such  High  Court.  1 [Any  such  Judge  shall,

notwithstanding that he is not a citizen of India, be eligible for appointment as

Chief  Justice  of  such  High  Court,  or  as  Chief  Justice  or  other  Judge  of  any

other High Court.]

(2) The Judges of a High Court in any Indian State corresponding to any

State  specified  in  Part  B  of  the  First  Schedule  holding  office  immediately

before  the  commencement  of  this  Constitution  shall,  unless  they  have  elected

otherwise, become on such  commencement the Judges  of the High Court in the

State so specified and shall, notwithstanding anything in  clauses  (1) and (2)  of

article 217 but subject to the proviso to clause (1) of that article, continue to hold

office until the expiration of such period as the President may by order determine.

(3)  In this article, the expression “Judge” does not include an acting Judge

or an additional Judge.

377. Provisions as to Comptroller and Auditor-General of India.—The

Auditor-General of India holding office immediately before the commencement of

this  Constitution  shall,  unless    he  has  elected  otherwise,  become  on  such

commencement the Comptroller and Auditor-General of India and shall thereupon


this  Constitution  shall,  unless    he  has  elected  otherwise,  become  on  such

commencement the Comptroller and Auditor-General of India and shall thereupon

be  entitled to  such  salaries  and  to  such  rights  in respect  of  leave  of  absence  and

pension  as  are  provided  for  under  clause  (3)  of  article  148  in  respect  of  the

Comptroller and Auditor-General of India and be entitled to continue to hold office

until the expiration of his term of office as determined under the provisions which

were applicable to him immediately before such commencement.

1. Added by the Constitution (First Amendment) Act, 1951, s. 13 (w.e.f. 18 -6-1951).

280

378.  Provisions  as  to  Public  Service  Commissions.—(1)  The  members

of  the  Public  Service  Commission  for  the  Dominion  of  India  holding  office

immediately  before  the  commencement  of  this  Constitution  shall,  unless  they

have  elected  otherwise,  become  on  such  commencement  the  members  of  the

Public Service Commission for the Union and shall, notwithstanding anything in

clauses (1) and (2)  of article 316 but subject to the proviso to  clause (2)  of that

article,  continue  to  hold  office  until  the  expiration  of  their  term  of  office  as

determined  under  the  rules  which  were  applicable  immediately  before  such

commencement to such members.


determined  under  the  rules  which  were  applicable  immediately  before  such

commencement to such members.

(2)  The  Members  of  a  Public  Service  Commission  of  a  Province  or  of  a

Public  Service  Commission  serving  the  needs  of  a  group  of  Provinces  holding

office immediately before the commencement of this Constitution shall, unless they

have elected otherwise, become on such commencement the members of the Public

Service Commission for the corresponding State or the members of the Joint State

Public Service Commission  serving the needs of the corresponding States, as the

case  may  be,  and  shall,  notwithstanding  anything  in  clauses  (1)  and (2)  of  article

316 but subject to the proviso to clause (2) of that article, continue to hold  office

until the expiration of their term of office as determined under the rules which  were

applicable immediately before such commencement to such members.

1 [378A.  Special  provision  as  to  duration  of  Andhra  Pradesh

Legislative  Assembly.—Notwithstanding anything  contained in article 172, the

Legislative  Assembly  of  the  State  of  Andhra  Pradesh  as  constituted  under  the

provisions  of  sections  28  and  29  of  the  States  Reorganisation  Act,  1956,  shall,

unless sooner dissolved, continue for a period of five years from the date referred

to in the said section 29 and no longer and the expiration of the said period shall

operate as a dissolution of that Legislative Assembly.]

379.  [Provisions  as  to  provisional  Parliament  and  the  Speaker  and


operate as a dissolution of that Legislative Assembly.]

379.  [Provisions  as  to  provisional  Parliament  and  the  Speaker  and

Deputy Speaker thereof.].—Omitted by the Constitution (Seventh Amendment)

Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

380. [Provision as to President.].—Omitted by the Constitution (Seventh

Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

the

381.  [Council  of  Ministers  of  the  President.].—Omitted  by

Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

382. [Provisions as to provisional Legislatures for States in Part A of the

First  Schedule.].—Omitted  by  the  Constitution  (Seventh  Amendment)  Act,

1956, s. 29 and Sch. (w.e.f. 1-11-1956).

383.  [Provision  as  to  Governors  of  Provinces.].—Omitted  by  the

Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

1. Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 24 (w.e.f. 1-11-1956).

281

384.  [Council  of  Ministers  of  the  Governors.].—Omitted  by  the