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PART XXI
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TEMPORARY, TRANSITIONAL AND
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SPECIAL PROVISIONS
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369. Temporary power to Parliament to make laws with respect to
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certain matters in the State List as if they were matters in the Concurrent
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List.—Notwithstanding anything in this Constitution, Parliament shall, during
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a period of five years from the commencement of this Constitution, have power
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to make laws with respect to the following matters as if they were enumerated
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in the Concurrent List, namely:—
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(a) trade and commerce within a State in, and the production, supply
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and distribution of, cotton and woollen textiles, raw cotton (including
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ginned cotton and unginned cotton or kapas), cotton seed, paper
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(including newsprint), food-stuffs (including edible oilseeds and oil),
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cattle fodder (including oil-cakes and other concentrates), coal
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(including coke and derivatives of coal), iron, steel and mica;
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(b) offences against laws with respect to any of the matters
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mentioned in clause (a), jurisdiction and powers of all courts except the
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Supreme Court with respect to any of those matters, and fees in respect
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of any of those matters but not including fees taken in any court;
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but any law made by Parliament, which Parliament would not but for the
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provisions of this article have been competent to make, shall, to the extent of
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the
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incompetency, cease to have effect on the expiration of the said period, except
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as
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respects things done or omitted to be done before the expiration thereof.
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1
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[370. Temporary provisions with respect to the State of Jammu
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and Kashmir.—(1) Notwithstanding anything in this Constitution,—
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(a) the provisions of article 238 shall not apply in relation to the State
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of Jammu and Kashmir;
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______________________________________________
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1 In exercise of the powers conferred by this article the President, on the reco
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mmendation of the
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Constituent Assembly of the State of Jammu and Kashmir, declared that, as from t
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he 17th day of
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November, 1952, the said art. 370 shall be operative with the modification that
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for the Explanation
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in cl. (1) thereof, the following Explanation is substituted, namely:“Explanat
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ion – For the purposes of this article, the Government of the State means the
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person
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for the time being recognised by the President on the recommendation of the Legi
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slative
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Assembly of the State as the *Sadar-I Riyasat of Jammu and Kashmir, acting on th
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e advice of the
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Council of Ministers of the State for the time being in office.”.
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(Ministry of Law Order No. C.O. 44, dated the 15th November, 1952).
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*Now “Governor”.
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199
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200
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THE CONSTITUTION OF INDIA
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(b) the power of Parliament to make laws for the said State shall be
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limited to—
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(i) those matters in the Union List and the Concurrent List
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which, in consultation with the Government of the State, are
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declared by the President to correspond to matters specified in the
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Instrument of Accession governing the accession of the State to the
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Dominion of India as the matters with respect to which the
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Dominion Legislature may make laws for that State; and
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(ii) such other matters in the said Lists as, with the concurrence
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of the Government of the State, the President may by order specify.
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Explanation.—For the purposes of
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this article, the
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Government of the State means the person for the time being recognised
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by the President as the Maharaja of Jammu and Kashmir acting on the
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advice of the Council of Ministers for the time being in office under the
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Maharaja’s Proclamation dated the fifth day of March, 1948;
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(c) the provisions of article 1 and of this article shall apply in relation
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to that State;
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(d) such of the other provisions of this Constitution shall apply in
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relation to that State subject to such exceptions and modifications as the
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President may by order specify:
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Provided that no such order which relates to the matters specified in the
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Instrument of Accession of the State referred to in paragraph (i) of sub-clause
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(b) shall be issued except in consultation with the Government of the State:
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Provided further that no such order which relates to matters other than
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those referred to in the last preceding proviso shall be issued except with the
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concurrence of that Government.
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(2) If the concurrence of the Government of the State referred to in
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paragraph (ii) of sub-clause (b) of clause (1) or in the second proviso to subcl
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ause (d) of that clause be given before the Constituent Assembly for the
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purpose of framing the Constitution of the State is convened, it shall be placed
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before such Assembly for such decision as it may take thereon.
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(3) Notwithstanding anything in the foregoing provisions of this article,
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the President may, by public notification, declare that this article shall cease
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to
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be operative or shall be operative only with such exceptions and modifications
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and from such date as he may specify:
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201
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THE CONSTITUTION OF INDIA
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Provided that the recommendation of the Constituent Assembly of the
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State referred to in clause (2) shall be necessary before the President issues
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such a notification.
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371. Special provision with respect to the States of Maharashtra and
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Gujarat.— *
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*
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*
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*
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*
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(2) Notwithstanding anything in this Constitution, the President may by
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order made with respect to the State of Maharashtra or Gujarat, provide for any
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special responsibility of the Governor for—
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(a) the establishment of separate development boards for Vidarbha,
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Marathwada, and the rest of Maharashtra or, as the case may be,
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Saurashtra, Kutch and the rest of Gujarat with the provision that a report
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on the working of each of these boards will be placed each year before
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the State Legislative Assembly;
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(b) the equitable allocation of funds for developmental expenditure
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over the said areas, subject to the requirements of the State as a whole;
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and
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(c) an equitable arrangement providing adequate facilities for
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technical education and vocational training, and adequate opportunities
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for employment in services under the control of the State Government, in
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respect of all the said areas, subject to the requirements of the State as a
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whole.
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371A. Special provision with respect to the State of Nagaland.—(1)
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Notwithstanding anything in this Constitution,—
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(a) no Act of Parliament in respect of—
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(i) religious or social practices of the Nagas,
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(ii) Naga customary law and procedure,
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(iii) administration of civil and criminal justice involving
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decisions according to Naga customary law,
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(iv) ownership and transfer of land and its resources,
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shall apply to the State of Nagaland unless the Legislative Assembly of
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Nagaland by a resolution so decides;
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(b) the Governor of Nagaland shall have special responsibility with
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respect to law and order in the State of Nagaland for so long as in his
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opinion internal disturbances occurring in the Naga Hills-Tuensang Area
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immediately before the formation of that State continue therein or in any
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part thereof and in the discharge of his functions in relation thereto the
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Governor shall, after consulting the Council of Ministers, exercise his
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individual judgment as to the action to be taken:
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202
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THE CONSTITUTION OF INDIA
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Provided that if any question arises whether any matter is or is
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not a matter as respects which the Governor is under this sub-clause
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required to act in the exercise of his individual judgment, the decision of
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the Governor in his discretion shall be final, and the validity of
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anything done by the Governor shall not be called in question on the
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ground that he ought or ought not to have acted in the exercise of his
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individual judgment:
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Provided further that if the President on receipt of a report from
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the Governor or otherwise is satisfied that it is no longer necessary for
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the Governor to have special responsibility with respect to law and order
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in the State of Nagaland, he may by order direct that the Governor shall
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cease to have such responsibility with effect from such date as may be
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specified in the order;
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(c) in making his recommendation with respect to any demand for a
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grant, the Governor of Nagaland shall ensure that any money provided
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by the Government of India out of the Consolidated Fund of India for
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any specific service or purpose is included in the demand for a grant
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relating to that service or purpose and not in any other demand;
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(d) as from such date as the Governor of Nagaland may by public
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notification in this behalf specify, there shall be established a regional
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council for the Tuensang district consisting of thirty-five members and
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the Governor shall in his discretion make rules providing for—
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(i) the composition of the regional council and the manner in
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which the members of the regional council shall be chosen:
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Provided that the Deputy Commissioner of the Tuensang
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district shall be the Chairman ex officio of the regional council and
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the Vice-Chairman of the regional council shall be elected by the
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members thereof from amongst themselves;
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(ii) the qualifications for being chosen as, and for being,
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members of the regional council;
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(iii) the term of office of, and the salaries and allowances, if any,
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to be paid to members of, the regional council;
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(iv) the procedure and conduct of business of the regional council;
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203
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THE CONSTITUTION OF INDIA
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(v) the appointment of officers and staff of the regional council
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and their conditions of services; and
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(vi) any other matter in respect of which it is necessary to make
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rules for the constitution and proper functioning of the regional council.
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(2) Notwithstanding anything in this Constitution, for a period of ten
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years from the date of the formation of the State of Nagaland or for such furthe
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r
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period as the Governor may, on the recommendation of the regional council, by
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public notification specify in this behalf,—
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(a) the administration of the Tuensang district shall be carried on by
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the Governor;
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(b) where any money is provided by the Government of India to the
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Government of Nagaland to meet the requirements of the State of
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Nagaland as a whole, the Governor shall in his discretion arrange for an
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equitable allocation of that money between the Tuensang district and the
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rest of the State;
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(c) no Act of the Legislature of Nagaland shall apply to Tuensang
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district unless the Governor, on the recommendation of the regional
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council, by public notification so directs and the Governor in giving such
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direction with respect to any such Act may direct that the Act shall in its
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application to the Tuensang district or any part thereof have effect
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subject to such exceptions or modifications as the Governor may specify
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on the recommendation of the regional council:
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Provided that any direction given under this sub-clause may be
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given so as to have retrospective effect;
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(d) the Governor may make regulations for the peace, progress and good
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government of the Tuensang district and any regulations so made may repeal
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or amend with retrospective effect, if necessary, any Act of Parliament or any
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other law which is for the time being applicable to that district;
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(e) (i) one of the members representing the Tuensang district in the
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Legislative Assembly of Nagaland shall be appointed Minister for
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Tuensang affairs by the Governor on the advice of the Chief Minister
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and the Chief Minister in tendering his advice shall act on the
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recommendation of the majority of the members as aforesaid ;
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(ii) the Minister for Tuensang affairs shall deal with, and have
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direct access to the Governor on, all matters relating to the Tuensang
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district but he shall keep the Chief Minister informed about the same;
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204
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THE CONSTITUTION OF INDIA
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(f) notwithstanding anything in the foregoing provisions of this
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clause, the final decision on all matters relating to the Tuensang district
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shall be made by the Governor in his discretion;
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(g) in articles 54 and 55 and clause (4) of article 80, references to the
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elected members of the Legislative Assembly of a State or to each such
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member shall include references to the members or member of the
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Legislative Assembly of Nagaland elected by the regional council
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established under this article;
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(h) in article 170—
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(i) clause (1) shall, in relation to the Legislative Assembly of
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Nagaland, have effect as if for the word “sixty”, the word “fortysix” ha
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d been substituted;
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(ii) in the said clause, the reference to direct election from
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territorial constituencies in the State shall include election by the
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members of the regional council established under this article;
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(iii) in clauses (2) and (3), references to territorial
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constituencies shall mean references to territorial constituencies in
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the Kohima and Mokokchung districts.
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(3) If any difficulty arises in giving effect to any of the foregoing
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provisions of this article, the President may by order do anything (including
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any adaptation or modification of any other article) which appears to him to be
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necessary for the purpose of removing that difficulty:
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Provided that no such order shall be made after the expiration of three
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years from the date of the formation of the State of Nagaland.
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Explanation..—In this article, the Kohima, Mokokchung and Tuensang
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districts shall have the same meanings as in the State of Nagaland Act, 1962.
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371B. Special provision with respect to the State of Assam.—
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Notwithstanding anything in this Constitution, the President may, by order
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made with respect to the State of Assam, provide for the constitution and
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functions of a committee of the Legislative Assembly of the State consisting of
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members of that Assembly elected from the tribal areas specified in Part I of
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the table appended to paragraph 20 of the Sixth Schedule and such number of
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other members of that Assembly as may be specified in the order and for the
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modifications to be made in the rules of procedure of that Assembly for the
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constitution and proper functioning of such committee.
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205
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THE CONSTITUTION OF INDIA
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372. Continuance in force of existing laws and their adaptation.—(1)
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Notwithstanding the repeal by this Constitution of the enactments referred to in
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article 395 but subject to the other provisions of this Constitution, all the la
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w in
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force in the territory of India immediately before the commencement of this
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Constitution shall continue in force therein until altered or repealed or amende
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d
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by a competent Legislature or other competent authority.
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(2) For the purpose of bringing the provisions of any law in force in the
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territory of India into accord with the provisions of this Constitution, the
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President may by order make such adaptations and modifications of such law,
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whether by way of repeal or amendment, as may be necessary or expedient, and
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provide that the law shall, as from such date as may be specified in the order,
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have effect subject to the adaptations and modifications so made, and any such
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adaptation or modification shall not be questioned in any court of law.
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213
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THE CONSTITUTION OF INDIA
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(3) Nothing in clause (2) shall be deemed—
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(a) to empower the President to make any adaptation or
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modification of any law after the expiration of three years from the
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commencement of this Constitution; or
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(b) to prevent any competent Legislature or other competent
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authority from repealing or amending any law adapted or modified by
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the President under the said clause.
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Explanation I.—The expression “law in force” in this article shall
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include a law passed or made by a Legislature or other competent authority in
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the territory of India before the commencement of this Constitution and not
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previously repealed, notwithstanding that it or parts of it may not be then in
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operation either at all or in particular areas.
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Explanation II.—Any law passed or made by a Legislature or other
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competent authority in the territory of India which immediately before the
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commencement of this Constitution had extra-territorial effect as well as effect
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in the territory of India shall, subject to any such adaptations and modificatio
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ns
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as aforesaid, continue to have such extra-territorial effect.
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Explanation III.—Nothing in this article shall be construed as continuing
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any temporary law in force beyond the date fixed for its expiration or the date
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on which it would have expired if this Constitution had not come into force.
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Explanation IV.—An Ordinance promulgated by the Governor of a
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Province under section 88 of the Government of India Act, 1935, and in force
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immediately before the commencement of this Constitution shall, unless
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withdrawn by the Governor of the corresponding State earlier, cease to operate
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at the expiration of six weeks from the first meeting after such commencement
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of the Legislative Assembly of that State functioning under clause (1) of articl
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e
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382, and nothing in this article shall be construed as continuing any such
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Ordinance in force beyond the said period.
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372A. Power of the President to adapt laws.—(1) For the purposes of
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bringing the provisions of any law in force in India or in any part thereof,
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immediately before the commencement of the Constitution (Seventh
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Amendment) Act, 1956, into accord with the provisions of this Constitution as
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amended by that Act, the President may by order made before the first day of
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November, 1957, make such adaptations and modifications of the law, whether
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by way of repeal or amendment, as may be necessary or expedient, and provide
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that the law shall, as from such date as may be specified in the order, have
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effect subject to the adaptations and modifications so made, and any such
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adaptation or modification shall not be questioned in any court of law.
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214
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2015-04-23 07:29:54 +00:00
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THE CONSTITUTION OF INDIA
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(2) Nothing in clause (1) shall be deemed to prevent a competent
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Legislature or other competent authority from repealing or amending any law
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adapted or modified by the President under the said clause.
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373. Power of President to make order in respect of persons under
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preventive detention in certain cases.—Until provision is made by Parliament
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under clause (7) of article 22, or until the expiration of one year from the
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commencement of this Constitution, whichever is earlier, the said article shall
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have effect as if for any reference to Parliament in clauses (4) and (7) thereof
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there were substituted a reference to the President and for any reference to any
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law made by Parliament in those clauses there were substituted a reference to
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an order made by the President.
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374. Provisions as to Judges of the Federal Court and proceedings
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pending in the Federal Court or before His Majesty in Council.—(1) The
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Judges of the Federal Court holding office immediately before the
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commencement of this Constitution shall, unless they have elected otherwise,
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become on such commencement the Judges of the Supreme Court and shall
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thereupon be entitled to such salaries and allowances and to such rights in
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respect of leave of absence and pension as are provided for under article 125 in
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respect of the Judges of the Supreme Court.
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(2) All suits, appeals and proceedings, civil or criminal, pending in the
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Federal Court at the commencement of this Constitution shall stand removed to
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the Supreme Court, and the Supreme Court shall have jurisdiction to hear and
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determine the same, and the judgments and orders of the Federal Court delivered
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or made before the commencement of this Constitution shall have the same force
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and effect as if they had been delivered or made by the Supreme Court.
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(3) Nothing in this Constitution shall operate to invalidate the exercise of
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jurisdiction by His Majesty in Council to dispose of appeals and petitions from,
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or in respect of, any judgment, decree or order of any court within the territor
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y
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of India in so far as the exercise of such jurisdiction is authorised by law, an
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d
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any order of His Majesty in Council made on any such appeal or petition after
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the commencement of this Constitution shall for all purposes have effect as if i
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t
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were an order or decree made by the Supreme Court in the exercise of the
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jurisdiction conferred on such Court by this Constitution.
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(4) On and from the commencement of this Constitution the jurisdiction of
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the authority functioning as the Privy Council in a State specified in Part B of
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the
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First Schedule to entertain and dispose of appeals and petitions from or in resp
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ect
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of any judgment, decree or order of any court within that State shall cease, and
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all
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appeals and other proceedings pending before the said authority at such
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commencement shall be transferred to, and disposed of by, the Supreme Court.
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215
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THE CONSTITUTION OF INDIA
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(5) Further provision may be made by Parliament by law to give effect to
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the provisions of this article.
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375. Courts, authorities and officers to continue to function subject
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to the provisions of the Constitution.—All courts of civil, criminal and
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revenue jurisdiction, all authorities and all officers, judicial, executive and
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ministerial, throughout the territory of India, shall continue to exercise their
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respective functions subject to the provisions of this Constitution.
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376. Provisions as to Judges of High Courts.—(1) Notwithstanding
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anything in clause (2) of article 217, the Judges of a High Court in any
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Province holding office immediately before the commencement of this
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Constitution shall, unless they have elected otherwise, become on such
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|
commencement the Judges of the High Court in the corresponding State, and
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shall thereupon be entitled to such salaries and allowances and to such rights i
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n
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|
respect of leave of absence and pension as are provided for under article 221 in
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2015-04-23 07:29:52 +00:00
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|
respect of the Judges of such High Court. Any such Judge shall,
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notwithstanding that he is not a citizen of India, be eligible for appointment a
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s
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Chief Justice of such High Court, or as Chief Justice or other Judge of any
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other High Court.
|
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(2) The Judges of a High Court in any Indian State corresponding to any
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State specified in Part B of the First Schedule holding office immediately
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before the commencement of this Constitution shall, unless they have elected
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otherwise, become on such commencement the Judges of the High Court in the
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State so specified and shall, notwithstanding anything in clauses (1) and (2) of
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|
article 217 but subject to the proviso to clause (1) of that article, continue t
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o hold
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office until the expiration of such period as the President may by order determi
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ne.
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(3) In this article, the expression “Judge” does not include an acting Judge
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or an additional Judge.
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|
377. Provisions as to Comptroller and Auditor-General of India.—The
|
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|
Auditor-General of India holding office immediately before the commencement of
|
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|
|
this Constitution shall, unless he has elected otherwise, become on such
|
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|
|
commencement the Comptroller and Auditor-General of India and shall thereupon
|
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|
|
be entitled to such salaries and to such rights in respect of leave of absence a
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|
nd
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|
pension as are provided for under clause (3) of article 148 in respect of the
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|
Comptroller and Auditor-General of India and be entitled to continue to hold off
|
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|
ice
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|
until the expiration of his term of office as determined under the provisions wh
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|
ich
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|
were applicable to him immediately before such commencement.
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216
|
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|
THE CONSTITUTION OF INDIA
|
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|
378. Provisions as to Public Service Commissions.—(1) The members
|
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|
of the Public Service Commission for the Dominion of India holding office
|
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|
|
immediately before the commencement of this Constitution shall, unless they
|
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|
|
have elected otherwise, become on such commencement the members of the
|
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|
|
|
Public Service Commission for the Union and shall, notwithstanding anything in
|
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|
|
clauses (1) and (2) of article 316 but subject to the proviso to clause (2) of t
|
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|
hat
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|
article, continue to hold office until the expiration of their term of office as
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|
|
determined under the rules which were applicable immediately before such
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|
|
commencement to such members.
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|
(2) The Members of a Public Service Commission of a Province or of a
|
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|
|
Public Service Commission serving the needs of a group of Provinces holding
|
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|
|
office immediately before the commencement of this Constitution shall, unless th
|
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|
|
ey
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|
|
have elected otherwise, become on such commencement the members of the Public
|
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|
|
Service Commission for the corresponding State or the members of the Joint State
|
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|
|
Public Service Commission serving the needs of the corresponding States, as the
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|
case may be, and shall, notwithstanding anything in clauses (1) and (2) of artic
|
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|
|
le
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|
|
316 but subject to the proviso to clause (2) of that article, continue to hold o
|
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|
ffice
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|
until the expiration of their term of office as determined under the rules which
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|
|
were
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|
|
applicable immediately before such commencement to such members.
|
2015-04-23 07:29:54 +00:00
|
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|
|
378A. Special provision as to duration of Andhra Pradesh Legislative
|
|
|
|
|
Assembly.—Notwithstanding anything contained in article 172, the Legislative
|
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|
|
|
Assembly of the State of Andhra Pradesh as constituted under the provisions of
|
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|
|
|
sections 28 and 29 of the States Reorganisation Act, 1956, shall, unless sooner
|
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|
|
|
dissolved, continue for a period of five years from the date referred to in the
|
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|
|
said
|
|
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|
|
section 29 and no longer and the expiration of the said period shall operate as
|
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|
|
a
|
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|
|
dissolution of that Legislative Assembly.
|
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|
|
379.—391. Rep. by the Constitution (Seventh Amendment) Act, 1956, s.
|
|
|
|
|
29 and Sch.
|
2015-04-23 07:29:52 +00:00
|
|
|
|
392. Power of the President to remove difficulties.—(1) The President
|
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|
|
|
may, for the purpose of removing any difficulties, particularly in relation to t
|
|
|
|
|
he
|
|
|
|
|
transition from the provisions of the Government of India Act, 1935, to the
|
|
|
|
|
provisions of this Constitution, by order direct that this Constitution shall,
|
|
|
|
|
during such period as may be specified in the order, have effect subject to such
|
|
|
|
|
adaptations, whether by way of modification, addition or omission, as he may
|
|
|
|
|
deem to be necessary or expedient:
|
|
|
|
|
Provided that no such order shall be made after the first meeting of
|
|
|
|
|
Parliament duly constituted under Chapter II of Part V.
|
|
|
|
|
(2) Every order made under clause (1) shall be laid before Parliament.
|
|
|
|
|
(3) The powers conferred on the President by this article, by article 324, by
|
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|
|
|
clause (3) of article 367 and by article 391 shall, before the commencement of t
|
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|
|
|
his
|
|
|
|
|
Constitution, be exercisable by the Governor-General of the Dominion of India.
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|