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e7474170ecfd-400 | (w.e.f. 15-8-2018).
228
(4) The Commission shall have the power to regulate its own procedure.
(5) It shall be the duty of the Commission—
(a) to investigate and monitor all matters relating to the safeguards
provided for the socially and educationally backward classes under this
Constitution or under any other law for the time being in force or under
any order of the Government and to evaluate the working of such
safeguards;
(b) to inquire into specific complaints with respect to the
deprivation of rights and safeguards of the socially and educationally
backward classes;
(c) to participate and advise on the socio-economic development
of the socially and educationally backward classes and to evaluate the
progress of their development under the Union and any State;
(d) to present to the President, annually and at such other times as
the Commission may deem fit, reports upon the working of those
safeguards;
(e) to make in such reports the recommendations as to the
measures that should be taken by the Union or any State for the effective
implementation of those safeguards and other measures for the
protection, welfare and socio-economic development of the socially and
educationally backward classes; and
(f) to discharge such other functions in relation to the protection,
welfare and development and advancement of the socially and
educationally backward classes as the President may, subject to the | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-401 | welfare and development and advancement of the socially and
educationally backward classes as the President may, subject to the
provisions of any law made by Parliament, by rule specify.
(6) The President shall cause all such reports to be laid before each
House of Parliament along with a memorandum explaining the action taken or
proposed to be taken on the recommendations relating to the Union and the
reasons for the non-acceptance, if any, of any such recommendations.
(7) Where any such report, or any part thereof, relates to any matter with
which any State Government is concerned, a copy of such report shall be
forwarded to the State Government which shall cause it to be laid before the
Legislature of the State along with a memorandum explaining the action taken
or proposed to be taken on the recommendations relating to the State and the
reasons for the non-acceptance, it any, of any of such recommendations.
(8) The Commission shall, while investigating any matter referred to in
sub-clause (a) or inquiring into any complaint referred to in sub-clause (b) of
clause (5), have all the powers of a civil court trying a suit and in particular in
respect of the following matters, namely :—
229
(a) summoning and enforcing the attendance of any person from
any part of India and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits; | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-402 | any part of India and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any
court or office;
(e) issuing commissions for the examination of witnesses and
documents;
(f) any other matter which the President may by rule, determine.
(9) The Union and every State Government shall consult
the
the socially and
Commission on all major policy matters affecting
educationally backward classes:]
1[Provided that nothing in this clause shall apply for the purposes of
clause (3) of article 342A.]
339. Control of the Union over the administration of Scheduled
Areas and the welfare of Scheduled Tribes.—(1) The President may at any
time and shall, at the expiration of ten years from the commencement of this
Constitution by order appoint a Commission to report on the administration of
the Scheduled Areas and the welfare of the Scheduled Tribes in the States 2***.
The order may define the composition, powers and procedure of the
Commission and may contain such incidental or ancillary provisions as the
President may consider necessary or desirable.
(2) The executive power of the Union shall extend to the giving of
directions to 3[a State] as to the drawing up and execution of schemes specified | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-403 | directions to 3[a State] as to the drawing up and execution of schemes specified
in the direction to be essential for the welfare of the Scheduled Tribes in the
State.
340. Appointment of a Commission to investigate the conditions of
backward classes.—(1) The President may by order appoint a Commission
consisting of such persons as he thinks fit to investigate the conditions of
socially and educationally backward classes within the territory of India and the
difficulties under which they labour and to make recommendations as to the
steps that should be taken by the Union or any State to remove such difficulties
and to improve their condition and as to the grants that should be made for the
purpose by the Union or any State and the conditions subject to which such
grants should be made, and the order appointing such Commission shall define
the procedure to be followed by the Commission.
1 . Ins. by the Constitution (One Hundred and Fifth Amendment) Act, 2021, s. 2
(w.e.f. 15-9-2021).
2. The words and letters for "specified in Part A or Part B of the First Schedule" omitted by
the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
3. Subs. by s. 29 and Sch. ibid. for "any such State" (w.e.f. 1-11-1956).
230 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-404 | 3. Subs. by s. 29 and Sch. ibid. for "any such State" (w.e.f. 1-11-1956).
230
(2) A Commission so appointed shall investigate the matters referred to
them and present to the President a report setting out the facts as found by them
and making such recommendations as they think proper.
(3) The President shall cause a copy of the report so presented together
with a memorandum explaining the action taken thereon to be laid before each
House of Parliament.
341. Scheduled Castes.—(1) The President 1[may with respect to any
State 2[or Union territory], and where it is a State 3***, after consultation with
the Governor 4*** thereof], by public notification5, specify the castes, races or
tribes or parts of or groups within castes, races or tribes which shall for the
purposes of this Constitution be deemed to be Scheduled Castes in relation to
that State 2[or Union territory, as the case may be.]
(2) Parliament may by law include in or exclude from the list of
Scheduled Castes specified in a notification issued under clause (1) any caste,
race or tribe or part of or group within any caste, race or tribe, but save as
aforesaid a notification issued under the said clause shall not be varied by any
subsequent notification.
1 . Subs. by the Constitution (First Amendment) Act, 1951, s. 10, for "may, after | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-405 | consultation with the Governor or Rajpramukh of a State" (w.e.f. 18-6-1951).
2 . Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
(w.e.f. 1-11-1956).
3. 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).
4. The words "or Rajpramukh" omitted by s. 29 and Sch., ibid. (w.e.f. 1-11-1956).
5 . See the Constitution (Scheduled Castes) Order, 1950 (C.O. 19), the Constitution
(Scheduled Castes) (Union Territories) Order, 1951 (C.O. 32), the Constitution
(Jammu and Kashmir) Scheduled Castes Order, 1956 (C.O. 52), the Constitution
(Dadra and Nagar Haveli) (Scheduled Castes) Order, 1962 (C.O. 64), the Constitution
(Pondicherry) Scheduled Castes Order, 1964 (C.O. 68), the Constitution (Goa, Daman
and Diu) Scheduled Castes Order, 1968 (C.O. 81) and the Constitution (Sikkim)
Scheduled Castes Order, 1978 (C.O. 110).
231 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-406 | Scheduled Castes Order, 1978 (C.O. 110).
231
342. Scheduled Tribes.—(1) The President 1[may with respect to any
State 2[or Union territory], and where it is a State 3***, after consultation with
the Governor 3*** thereof], by public notification4, specify the tribes or tribal
communities or parts of or groups within tribes or tribal communities which
shall for the purposes of this Constitution be deemed to be Scheduled Tribes in
relation to that State 2[or Union territory, as the case may be.]
(2) Parliament may by law include in or exclude from the list of
Scheduled Tribes specified in a notification issued under clause (1) any tribe or
tribal community or part of or group within any tribe or tribal community, but
save as aforesaid a notification issued under the said clause shall not be varied
by any subsequent notification.
5 [342A. Socially and educationally backward classes.—(1) The
President may with respect to any State or Union territory, and where it is a
State, after consultation with the Governor thereof, by public notification,
specify 6[the socially and educationally backward classes in the Central List
which shall for the purposes of the Central Government] be deemed to be
socially and educationally backward classes in relation to that State or Union
territory, as the case may be. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-407 | socially and educationally backward classes in relation to that State or Union
territory, as the case may be.
(2) Parliament may by law include in or exclude from the Central List of
socially and educationally backward classes specified in a notification issued
under clause (1) any socially and educationally backward class, but save as
aforesaid a notification issued under the said clause shall not be varied by any
subsequent notification.]
1 . Subs. by the Constitution (First Amendment) Act, 1951, s. 11, for "may, after
consultation with the Governor or Rajpramukh of State" (w.e.f. 18-6-1951).
2 . Ins. by the Constiutiton (Seventh Amendment) Act, 1956, s. 29 and Sch.
(w.e.f. 1-11-1956).
3. Certain words omitted by s. 29 and Sch., ibid, (w.e.f. 1-11-1956).
4 . See the Constitution (Scheduled Tribes) Order, 1950 (C.O. 22), the Constitution
(Scheduled Tribes) (Union Territories) Order, 1951 (C.O. 33), the Constitution
(Andaman and Nicobar Islands) (Scheduled Tribes) Order, 1959 (C.O. 58), | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-408 | (Andaman and Nicobar Islands) (Scheduled Tribes) Order, 1959 (C.O. 58),
Constitution (Dadra and Nagar Haveli) (Scheduled Tribes) Order, 1962 (C.O. 65), the
Constitution (Scheduled Tribes) (Uttar Pradesh) Order, 1967 (C.O. 78), the
Constitution (Goa, Daman and Diu) Scheduled Tribes Order, 1968 (C.O. 82), the
Constitution (Nagaland) Scheduled Tribes Order, 1970 (C.O. 88) the Constitution
(Sikkim) Scheduled Tribes Order, 1978 (C.O. 111).
5 . Ins. by the Constitution (One Hundred and Second Amendment) Act, 2018, s. 4
(w.e.f. 15-8-2018).
6. Subs. by the Constitution (One Hundred and Fifth Amendment) Act, 2021, s. 3 for
certain words (w.e.f. 15-9-2021).
232
1[Explanation.—For the purposes of clauses (1) and (2), the expression
“Central List” means the list of socially and educationally backward classes
prepared and maintained by and for the Central Government.
(3) Notwithstanding any contained in clauses (1) and (2), every State or | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-409 | prepared and maintained by and for the Central Government.
(3) Notwithstanding any contained in clauses (1) and (2), every State or
Union territory may, by law, prepare and maintain, for its own purposes, a list
of socially and educationally backward classes, entries in which may be
different from the Central List.]
1 . Ins. by the Constitution (One Hundred and Fifth Amendment) Act, 2021, s. 3
(w.e.f. 15-9-2021).
233
PART XVII
OFFICIAL LANGUAGE
CHAPTER I.—LANGUAGE OF THE UNION
343. Official language of the Union.—(1) The official language of the
Union shall be Hindi in Devanagari script.
The form of numerals to be used for the official purposes of the Union
shall be the international form of Indian numerals.
(2) Notwithstanding anything in clause (1), for a period of fifteen years
from the commencement of this Constitution, the English language shall
continue to be used for all the official purposes of the Union for which it was
being used immediately before such commencement:
Provided that the President may, during the said period, by order 1
authorise the use of the Hindi language in addition to the English language and
of the Devanagari form of numerals in addition to the international form of
Indian numerals for any of the official purposes of the Union.
(3) Notwithstanding anything in this article, Parliament may by law
provide for the use, after the said period of fifteen years, of— | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-410 | (3) Notwithstanding anything in this article, Parliament may by law
provide for the use, after the said period of fifteen years, of—
(a) the English language, or
(b) the Devanagari form of numerals,
for such purposes as may be specified in the law.
344. Commission and Committee of Parliament on official
language.—(1) The President shall, at the expiration of five years from the
commencement of this Constitution and thereafter at the expiration of ten years
from such commencement, by order constitute a Commission which shall
consist of a Chairman and such other members representing the different
languages specified in the Eighth Schedule as the President may appoint, and
the order shall define the procedure to be followed by the Commission.
(2) It shall be the duty of the Commission to make recommendations to
the President as to—
(a) the progressive use of the Hindi language for the official
purposes of the Union;
(b) restrictions on the use of the English language for all or any of
the official purposes of the Union;
(c) the language to be used for all or any of the purposes
mentioned in article 348;
1. See C.O. 41.
234
(d) the form of numerals to be used for any one or more specified
purposes of the Union;
(e) any other matter referred to the Commission by the President
as regards the official language of the Union and the language for | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-411 | (e) any other matter referred to the Commission by the President
as regards the official language of the Union and the language for
communication between the Union and a State or between one State and
another and their use.
(3) In making their recommendations under clause (2), the Commission
shall have due regard to the industrial, cultural and scientific advancement of
India, and the just claims and the interests of persons belonging to the non-
Hindi speaking areas in regard to the public services.
(4) There shall be constituted a Committee consisting of thirty members,
of whom twenty shall be members of the House of the People and ten shall be
members of the Council of States to be elected respectively by the members of
the House of the People and the members of the Council of States in
accordance with the system of proportional representation by means of the
single transferable vote.
(5) It shall be
the
recommendations of the Commission constituted under clause (1) and to report
to the President their opinion thereon.
the Committee
the duty of
to examine
(6) Notwithstanding anything in article 343, the President may, after
consideration of the report referred to in clause (5), issue directions in
accordance with the whole or any part of that report.
CHAPTER II.—REGIONAL LANGUAGES
345. Official language or languages of a State.—Subject to the
provisions of articles 346 and 347, the Legislature of a State may by law adopt | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-412 | provisions of articles 346 and 347, the Legislature of a State may by law adopt
any one or more of the languages in use in the State or Hindi as the language or
languages to be used for all or any of the official purposes of that State:
Provided that, until the Legislature of the State otherwise provides by
law, the English language shall continue to be used for those official purposes
within the State for which it was being used immediately before the
commencement of this Constitution.
346. Official language for communication between one State and
another or between a State and the Union.—The language for the time being
authorised for use in the Union for official purposes shall be the official
language for communication between one State and another State and between
a State and the Union:
235
Provided that if two or more States agree that the Hindi language should
be the official language for communication between such States, that language
may be used for such communication.
347. Special provision relating to language spoken by a section of the
population of a State.—On a demand being made in that behalf the President
may, if he is satisfied that a substantial proportion of the population of a State
desire the use of any language spoken by them to be recognised by that State,
direct that such language shall also be officially recognised throughout that
State or any part thereof for such purpose as he may specify.
CHAPTER III.—LANGUAGE OF THE SUPREME COURT,
HIGH COURTS, ETC.
348. Language to be used in the Supreme Court and in the High | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-413 | HIGH COURTS, ETC.
348. Language to be used in the Supreme Court and in the High
Courts and for Acts, Bills, etc.—(1) Notwithstanding anything in the
foregoing provisions of this Part, until Parliament by law otherwise provides—
(a) all proceedings in the Supreme Court and in every High Court,
(b) the authoritative texts—
(i) of all Bills to be introduced or amendments thereto to be
moved in either House of Parliament or in the House or either
House of the Legislature of a State,
(ii) of all Acts passed by Parliament or the Legislature of a
State and of all Ordinances promulgated by the President or the
Governor 1*** of a State, and
(iii) of all orders, rules, regulations and bye-laws issued
under this Constitution or under any law made by Parliament or
the Legislature of a State,
shall be in the English language.
(2) Notwithstanding anything in sub-clause (a) of clause (1), the
Governor 1*** of a State may, with the previous consent of the President,
authorise the use of the Hindi language, or any other language used for any
official purposes of the State, in proceedings in the High Court having its
principal seat in that State: | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-414 | official purposes of the State, in proceedings in the High Court having its
principal seat in that State:
1. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act,
1956, s. 29 and Sch. (w.e.f. 1-11-1956).
236
Provided that nothing in this clause shall apply to any judgment, decree
or order passed or made by such High Court.
(3) Notwithstanding anything in sub-clause (b) of clause (1), where the
Legislature of a State has prescribed any language other than the English
language for use in Bills introduced in, or Acts passed by, the Legislature of the
State or in Ordinances promulgated by the Governor 1*** of the State or in any
order, rule, regulation or bye-law referred to in paragraph (iii) of that sub-clause,
a translation of the same in the English language published under the authority of
the Governor 1*** of the State in the Official Gazette of that State shall be
deemed to be the authoritative text thereof in the English language under this
article.
349. Special procedure for enactment of certain laws relating to
language.—During the period of fifteen years from the commencement of this
Constitution, no Bill or amendment making provision for the language to be | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-415 | language.—During the period of fifteen years from the commencement of this
Constitution, no Bill or amendment making provision for the language to be
used for any of the purposes mentioned in clause (1) of article 348 shall be
introduced or moved in either House of Parliament without the previous
sanction of the President, and the President shall not give his sanction to the
introduction of any such Bill or the moving of any such amendment except
after he has taken into consideration the recommendations of the Commission
constituted under clause (1) of article 344 and the report of the Committee
constituted under clause (4) of that article.
CHAPTER IV.—SPECIAL DIRECTIVES
350. Language to be used in representations for redress of
grievances.—Every person shall be entitled to submit a representation for the
redress of any grievance to any officer or authority of the Union or a State in
any of the languages used in the Union or in the State, as the case may be.
2 [350A. Facilities for instruction in mother-tongue at primary
stage.—It shall be the endeavour of every State and of every local authority
within the State to provide adequate facilities for instruction in the
mother-tongue at the primary stage of education to children belonging to | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-416 | mother-tongue at the primary stage of education to children belonging to
linguistic minority groups; and the President may issue such directions to any
State as he considers necessary or proper for securing the provision of such
facilities.
1. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act,
1956, s. 29 and Sch. (w.e.f. 1-11-1956).
2. Ins. by s.21., ibid. (w.e.f. 1-11-1956).
237
350B. Special Officer for linguistic minorities.—(1) There shall be a
Special Officer for linguistic minorities to be appointed by the President.
(2) It shall be the duty of the Special Officer to investigate all matters relating
to the safeguards provided for linguistic minorities under this Constitution and
report to the President upon those matters at such intervals as the President may
direct, and the President shall cause all such reports to be laid before each House of
Parliament, and sent to the Governments of the States concerned.]
351. Directive for development of the Hindi language.—It shall be the
duty of the Union to promote the spread of the Hindi language, to develop it so
that it may serve as a medium of expression for all the elements of the
composite culture of India and to secure its enrichment by assimilating without
interfering with its genius, the forms, style and expressions used in Hindustani | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-417 | composite culture of India and to secure its enrichment by assimilating without
interfering with its genius, the forms, style and expressions used in Hindustani
and in the other languages of India specified in the Eighth Schedule, and by
drawing, wherever necessary or desirable, for its vocabulary, primarily on
Sanskrit and secondarily on other languages.
238
PART XVIII
EMERGENCY PROVISIONS
352. Proclamation of Emergency.—(1) If the President is satisfied that
a grave emergency exists whereby the security of India or of any part of the
territory thereof is threatened, whether by war or external aggression or 1[armed
rebellion], he may, by Proclamation, make a declaration to that effect 2[in
respect of the whole of India or of such part of the territory thereof as may be
specified in the Proclamation.]
3 [Explanation.—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 or by armed rebellion may be made before the actual
occurrence of war or of any such aggression or rebellion, if the President is
satisfied that there is imminent danger thereof.]
4[(2) A Proclamation issued under clause (1) may be varied or revoked
by a subsequent Proclamation.
(3) The President shall not issue a Proclamation under clause (1) or a | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-418 | by a subsequent Proclamation.
(3) The President shall not issue a Proclamation under clause (1) or a
Proclamation varying such Proclamation unless the decision of the Union
Cabinet (that is to say, the Council consisting of the Prime Minister and other
Ministers of Cabinet rank appointed under article 75) that such a Proclamation
may be issued has been communicated to him in writing.
(4) Every Proclamation issued under this article shall be laid before each
House of Parliament and shall, except where it is a Proclamation revoking a
previous Proclamation, cease to operate at the expiration of one month unless
before the expiration of that period it has been approved by resolutions of both
Houses of Parliament:
1. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 37, for "internal
disturbance" (w.e.f. 20-6-1979).
2. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 48 (w.e.f. 3-1-1977).
3. Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 37 (w.e.f. 20-6-1979).
4. Subs. by s. 37, ibid., for cls. (2), (2A) and (3) (w.e.f. 20-6-1979).
239
Provided that if any such Proclamation (not being a Proclamation | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-419 | 239
Provided that if any such Proclamation (not being a Proclamation
revoking a previous 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 one month referred to in this clause, 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.
(5) A Proclamation so approved shall, unless revoked, cease to operate
on the expiration of a period of six months from the date of the passing of the
second of the resolutions approving the Proclamation under clause (4):
Provided that if and so often as a resolution approving the continuance in
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 six
months from the date on which it would otherwise have ceased to operate under
this clause:
Provided further that if the dissolution of the House of the People takes | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-420 | months from the date on which it would otherwise have ceased to operate under
this clause:
Provided further that if the dissolution of the House of the People takes
place during any such period of 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.
(6) For the purposes of clauses (4) and (5), a resolution may be passed
by either House of Parliament only 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.
(7) Notwithstanding anything contained in the foregoing clauses, the
President shall revoke a Proclamation issued under clause (1) or a Proclamation
varying such Proclamation if the House of the People passes a resolution
disapproving, or, as the case may be, disapproving the continuance in force of,
such Proclamation.
240 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-421 | disapproving, or, as the case may be, disapproving the continuance in force of,
such Proclamation.
240
(8) Where a notice in writing signed by not less than one-tenth of the
total number of members of the House of the People has been given, of their
intention to move a resolution for disapproving, or, as the case may be, for
disapproving the continuance in force of, a Proclamation issued under
clause (1) or a Proclamation varying such Proclamation,—
(a) to the Speaker, if the House is in session; or
(b) to the President, if the House is not in session,
a special sitting of the House shall be held within fourteen days from the date
on which such notice is received by the Speaker, or, as the case may be, by the
President, for the purpose of considering such resolution.]
1[(9) The power conferred on the President by this article shall include
the power to issue different Proclamations on different grounds, being war or
external aggression or 2[armed rebellion] or imminent danger of war or external
aggression or 2[armed rebellion], whether or not there is a Proclamation
already issued by the President under clause (1) and such Proclamation is in
operation.
1* *
353. Effect of Proclamation of Emergency.—While a Proclamation
of Emergency is in operation, then— | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-422 | 1* *
353. Effect of Proclamation of Emergency.—While a Proclamation
of Emergency is in operation, then—
(a) notwithstanding anything in this Constitution, the executive
power of the Union shall extend to the giving of directions to any State
as to the manner in which the executive power thereof is to be
exercised;
(b) the power of Parliament to make laws with respect to any
matter shall include power 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 of the
Union as respects that matter, notwithstanding that it is one which is not
enumerated in the Union List:
1. Cls. (4) and (5) ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 5 (with
retrospective effect) and subsequently cl. (4) renumbered as cl. (9) and cl. (5) omitted by
the Constitution (Forty-fourth Amendment) Act, 1978, s. 37 (w.e.f. 20-6-1979).
2. Subs. by s. 37, ibid. for "internal disturbance" (w.e.f. 20-6-1979).
241
1[Provided that where a Proclamation of Emergency is in operation only
in any part of the territory of India,— | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-423 | 241
1[Provided that where a Proclamation of Emergency is in operation only
in any part of the territory of India,—
(i) the executive power of the Union to give directions under
clause (a), and
(ii) the power of Parliament to make laws under clause (b),
shall also extend to any State other than a State in which or in any part of
which the Proclamation of Emergency is 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.]
354. Application of provisions relating to distribution of revenues
while a Proclamation of Emergency is in operation.—(1) The President
may, while a Proclamation of Emergency is in operation, by order direct that
all or any of the provisions of articles 268 to 279 shall for such period, not
extending in any case beyond the expiration of the financial year in which such
Proclamation ceases to operate, as may be specified in the order, have effect
subject to such exceptions or modifications as he thinks fit.
(2) Every order made under clause (1) shall, as soon as may be after it is
made, be laid before each House of Parliament.
355. Duty of the Union to protect States against external aggression
and internal disturbance.—It shall be the duty of the Union to protect every | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-424 | made, be laid before each House of Parliament.
355. Duty of the Union to protect States against external aggression
and internal disturbance.—It shall be the duty of the Union to protect every
State against external aggression and internal disturbance and to ensure that the
Government of every State is carried on in accordance with the provisions of
this Constitution.
356. Provisions in case of failure of constitutional machinery in
States.—(1) If the President, on receipt of a report from the Governor 2*** of a
State or otherwise, is satisfied that a situation has arisen in which the
Government of the State cannot be carried on in accordance with the provisions
of this Constitution, the President may by Proclamation—
1. Added by the Constitution (Forty-second Amendment) Act, 1976, s. 49 (w.e.f. 3-1-
1977).
2. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act,
1956, s. 29 and Sch. (w.e.f. 1-11-1956).
242
(a) assume to himself all or any of the functions of the
Government of the State and all or any of the powers vested in or
exercisable by the Governor 1*** or any body or authority in the State
other than the Legislature of the State;
(b) declare that the powers of the Legislature of the State shall be
exercisable by or under the authority of Parliament; | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-425 | other than the Legislature of the State;
(b) declare that the powers of the Legislature of the State shall be
exercisable by or under the authority of Parliament;
(c) make such incidental and consequential provisions as appear
to the President to be necessary or desirable for giving effect to the
objects of the Proclamation, including provisions for suspending in
whole or in part the operation of any provisions of this Constitution
relating to any body or authority in the State:
Provided that nothing in this clause shall authorise the President to
assume to himself any of the powers vested in or exercisable by a High Court,
or to suspend in whole or in part the operation of any provision of this
Constitution relating to High Courts.
(2) Any such Proclamation may be revoked or varied by a subsequent
Proclamation.
(3) Every Proclamation under this article shall be laid before each House
of Parliament and shall, except where it is a Proclamation revoking a previous
Proclamation, 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 (not being a Proclamation
revoking a previous Proclamation) is issued at a time when the House of the | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-426 | revoking a previous Proclamation) is issued at a time when the House of the
People is dissolved or the dissolution of the House of the People takes place
during the period of two months referred to in this clause, 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.
1. The words "or Rajpramukh, as the may be" omitted by the Constitution (Seventh
Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
243
(4) A Proclamation so approved shall, unless revoked, cease to operate
on the expiration of a period of 1[six months from the date of issue of the
Proclamation]:
Provided that if and so often as a resolution approving the continuance in
force of such a Proclamation is passed by both Houses of Parliament, the | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-427 | 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].] | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-428 | 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) | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-429 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-430 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-431 | (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: | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-432 | 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). | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-433 | (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. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-434 | 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.] | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-435 | 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.] | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-436 | 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) | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-437 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-438 | 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) | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-439 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-440 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-441 | 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; | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-442 | (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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-443 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-444 | 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— | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-445 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-446 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-447 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-448 | 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] ; | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-449 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-450 | 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; | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-451 | 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, | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-452 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-453 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-454 | 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) * * * *] | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-455 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-456 | 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). | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-457 | 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. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-458 | 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; | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-459 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-460 | 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.”. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-461 | 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; | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-462 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-463 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-464 | (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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-465 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-466 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-467 | 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; | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-468 | 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; | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-469 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-470 | 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.] | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-471 | 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. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-472 | 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). | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-473 | "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; | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-474 | 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:— | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-475 | 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— | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-476 | 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: | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-477 | 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. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-478 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-479 | 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; | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-480 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-481 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-482 | 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; | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-483 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-484 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-485 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-486 | 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.] | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-487 | (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). | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-488 | 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, | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-489 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-490 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-491 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-492 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-493 | 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. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-494 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-495 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-496 | 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. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-497 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-498 | 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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-499 | 281
384. [Council of Ministers of the Governors.].—Omitted by the
Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
385. [Provision as to provisional Legislatures in States in Part B of the
First Schedule.].—Omitted by the Constitution (Seventh Amendment) Act,
1956, s. 29 and Sch. (w.e.f. 1-11-1956).
386. [Council of Ministers for States in Part B of the First Schedule.].—
Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
(w.e.f. 1-11-1956).
387. [Special provision as to determination of population for the
purposes of certain elections.].—Omitted by the Constitution (Seventh
Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
388. [Provisions as to the filling of casual vacancies in the provisional
Parliament and provisional Legislatures of the States.].—Omitted by the
Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
389. [Provision as to Bills pending in the Dominion Legislatures and in
the Legislatures of Provinces and Indian States.] Omitted by the Constitution | https://legislative.gov.in/sites/default/files/COI...pdf |