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PART XXI
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TEMPORARY AND TRANSITIONAL 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. Notwithstanding anything in this Constitution,
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during a period of ten years from the
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commencement thereof, or during such
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longer or shorter period as Parliament
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may by law provide in respect of any
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State, the Government of every State specified in Part B
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of the First Schedule shall be under the general control of,
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and comply with such particular directions, if any, as may
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from time to time be given by, the President :
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Provided that the President may by order direct that
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the provisions of this article shall not apply to any State
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specified in the order.
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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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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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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.
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379 Provisions as to provisional Parliament and the Speaker and Deputy Speaker
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thereof
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(1) Until both Houses of Parliament have been
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duly constituted and summoned to meet
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for the first session under the provisions
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of this Constitution, the body functioning
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as the Constituent Assembly of the
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Dominion of India immediately before the commencement
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of this Constitution shall be the provisional Parliament
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and shall exercise all the powers and perform all the duties
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conferred by the provisions of this Constitution on Par-
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liament
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Explanation. For the purposes of this clause, the
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Constituent Assemby of the Dominion of India includes
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(i) the members chosen to represent any State
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or other territory for which representation is
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provided under clause (2), and
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(ii) the members chosen to fill casual vacancies
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in the said Assembly.
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(2) The Parliament may by rules provide for
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(a) the representation in the provisional Parliament
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functioning under clause (1) of any State or
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other territory which was not represented in
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the Constituent Assembly of the Dominion
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of India immediately before the commence-
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ment of this Constitution,
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(b) the manner in which the representatives of
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such States or other territories in the pro*
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visional Parliament shall be chosen, and
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(c) the qualifications to be possessed by such repre-
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sentatives.
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(3) If a member of the Constituent Assembly of the
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Dominion of India was, on the sixth day of October, 1949,
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or thereafter at any time before the commencement of this
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Constitution, a member of a House of the Legislature of a
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Governor's Province or of an Indian State corresponding to
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any State specified in Part B of the First Schedule or a
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Minister for any such State, then, as from the commence-
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ment of this Constitution the seat of such member in the
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Constituent Assembly shall, unless he has ceased to be a
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member of that Assembly earlier, become vacant and every
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such vacancy shall be deemed to be a casual vacancy.
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(4) Notwithstanding that any such vacancy in the
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Constituent Assembly of the Dominion of India as is men-
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tioned in clause (3) has not occurred under that clause, steps
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may be taken before the commencement of this Constitution
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for the filling of such vacancy, but any person chosen before
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such commencement to fill the vacancy shall not be entitled
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to take his seat in the said Assembly until after the vacancy
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has so occurred.
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(5) Any person holding office immediately before the'
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commencement of this Constitution as Speaker or Deputy
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Speaker of the Constituent Assembly when functioning as
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the Dominion Legislature under the Government of India
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Act, 1935, shall on such commencement be the Speaker or,
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as the case may be, the Deputy Speaker of the provisional
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Parliament functioning under clause (1).
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380. Provision as to President - (1) Such person as the Constituent Assembly of
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the Dominion of India shall have elected
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in that behalf shall be the President of
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India until a President has been elected in
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accordance with the provisions contained in Chapter I of
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Part V and has entered upon his office.
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(2) In the event of the occurrence of any vacancy
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in the office of the President so elected by the Constituent
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Assembly of the Dominion of India by reason of his death,
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resignation, or removal, or otherwise, it shall be filled by a
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person elected in that behalf by the provisional Parliament
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functioning under article 379, and until a person is so elected,
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the Chief Justice of India shall act as President.
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381. Council of Ministers of the President—
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Such persons as the President may appoint in
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that behalf shall become members of the President under
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this Constitution, and, until appointments
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are so made, all persons holding office as Ministers for the
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Dominion of India immediately before the commencement
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of this Constitution shall on such commencement become,
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and shall continue to hold office as, members of the Council
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of Ministers of the President under this Constitution.
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382. Provisions as to provisional Legislatures for States in Part A of the First
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Schedule—
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(1) Until the House or Houses of the Legislature
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of each State specified in Part A of the
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|
First Schedule has or have been duly con-
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|
stituted and summoned to meet for the
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|
first session under the provisions of this
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|
Constitution, the House or Houses of the Legislature of the
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corresponding Province functioning immediately before the
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commencement of this Constitution shall exercise the powers
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and perform the duties conferred by the provisions of this
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Constitution on the House or Houses of the Legislature of
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such State.
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(2) Notwithstanding anything in clause (1), where a
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general election to reconstitute the Legislative Assembly of
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a Province has been ordered before the commencement of
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this Constitution, the election may be completed after such
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commencement as if this Constitution had not come into
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operation, and the Assembly so reconstituted shall be deemed
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to be the Legislative Assembly of that Province for the
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purposes of that clause.
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(3) Any person holding office immediately before the
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commencement of this Constitution as Speaker or Deputy
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|
Speaker of the Legislative Assembly or President or Deputy
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|
President of the Legislative Council of a Province shall on
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|
such commencement be the Speaker or Deputy Speaker of
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|
the Legislative Assembly or the Chairman or Deputy
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Chairman of the Legislative Council, as the case may be, of
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by the President of India :
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Provided that where any such seat as is mentioned in
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|
this clause was, immediately before jt became vacant, held
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by a person belonging to the Scheduled Castes or to the
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Muslim or the Sikh community and representing a Province
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|
or, as the case may be, a State specified in Part A of the
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|
First Schedule, the person to fill such seat shall, unless the
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President of the Constituent Assembly or the President
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|
of India, as the case may be, considers it necessary or
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|
expedient to provide otherwise, be of the same community:
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Provided further that at an election to fill any such
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|
vacancy in the seat of a member representing a Province or
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|
a State specified in Part A of the First Schedule, every
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|
member of the Legislative Assembly of that Province or of
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|
the corresponding State or of that State, as the case may be,
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|
shall be entitled to participate and vote.
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|
Explanation, For the purposes of this clause
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|
(a) all such castes, races or tribes or parts of or
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|
|
groups within castes, races or tribes as are
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|
|
specified in the Government of India
|
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|
|
(Scheduled Castes) Order, 1936, to be Scheduled
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|
|
Castes in relation to any Province shall be
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|
|
deemed to be Scheduled Castes in relation to
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|
|
that Province or the corresponding State until
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|
|
a notification has been issued by the President
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|
under clause (i) of article 341 specifying the
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|
Scheduled Castes in relation to that corres-
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|
ponding State;
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(b) all the Scheduled Castes in any Province or
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|
State shall be deemed to be a single com-
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|
munity.
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|
(2) Casual vacancies in the seats of members of a
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|
House of the Legislature of a State functioning under article
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|
|
382 or article 385 shall be filled, and all matters in connec-
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|
|
tion with the filling of such vacancies (including the deci-
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|
|
sion of doubts and disputes arising out of, or in connection
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|
|
with, elections to fill such vacancies) shall be regulated in
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|
accordance with such provisions governing the filling of such
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|
vacancies and regulating such matters as were in force
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|
|
immediately before the commencement of this Constitution
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|
|
subject to such exceptions and modifications as the Presi-
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|
|
dent may by order direct.
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|
|
389. Provisions as to Bills pending in the Dominion Legislature and in the
|
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|
|
|
Legislatures of Provinces and Indian States.
|
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|
|
———A Bill which immediately before the commence-
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|
|
|
ment of this Constitution was pending in
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|
|
the Legislature of the Dominion of India
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|
|
or in the Legislature or any Province or
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|
|
Indian State may, subject to any provi-
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|
|
sion to the contrary which may be in-
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|
|
cluded in rules made by Parliament or the Legislature of
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|
|
the corresponding State under this Constitution, be conti-
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|
|
nued in Parliament or the Legislature of the corresponding
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|
|
State, as the case may be, as if the proceedings taken with
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|
|
reference to the Bill in the Legislature of the Dominion of
|
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|
|
|
India or in the Legislature of the Province or Indian State
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|
|
had been taken in Parliament or in the Legislature of the
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|
|
corresponding State.
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|
390. Moneys received or raised or expenditure incurred between the
|
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|
|
|
commencement of the Constitution and the 31st day of March, 1950——
|
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|
|
|
|
|
|
|
|
The provisions of this Constitution relating to
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|
|
|
the Consolidated Fund of India or the
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|
|
|
raised or expenditure Consolidated Fund of any State and the
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|
|
|
appropriation of moneys out of either of
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|
|
such Funds shall not apply in relation to
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|
|
|
moneys received or raised or expenditure
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|
|
incurred by the Government of India or the Government
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|
|
|
of any State between the commencement of this Constitu-
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|
|
|
tion and the thirty- first day of March, 1950, both days
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|
|
inclusive, and any expenditure incurred during that period
|
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|
|
shall be deemed to be duly authorised if the expenditure
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|
|
was specified in a schedule of authorised expenditure
|
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|
|
|
authenticated in accordance with the provisions of the
|
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|
|
|
Government of India Act, 1935, by the Governor General
|
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|
|
|
of the Dominion of India or the Governor of the corres-
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|
|
|
ponding Province or is authorised by Rajpramukh of the
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|
|
State in accordance with such rules as were applicable to
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|
|
the authorisation of expenditure from the revenues of the
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|
|
|
corresponding Indian State immediately before such com-
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|
|
|
mencement.
|
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|
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|
|
391. Power of the President to amend the First and Fourth
|
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|
|
|
Schedules in certain contingencies——
|
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|
|
(1) If at any time between the passing of this
|
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|
|
|
Constitution and its commencement any
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|
|
|
action is taken under the provisions of
|
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|
|
|
the Government of India Act, 1935, which
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|
|
in the opinion of the President requires
|
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|
|
|
any amendment in the First Schedule and the Fourth Sche-
|
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|
|
|
dule, the President may, notwithstanding anything in this
|
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|
|
|
Constitution, by order, make such amendments in the said
|
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|
|
|
Schedules as may be necessary to give effect to the action
|
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|
|
so taken, and any such order may contain such supplemen-
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|
|
tal, incidental and consequential provisions as the Presi-
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|
|
dent may deem necessary.
|
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|
(2) When the First Schedule or the Fourth Schedule
|
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|
|
is so amended, any reference to that Schedule in this
|
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|
|
|
Constitution shall be construed as a reference to such
|
|
|
|
|
Schedule as so amended.
|
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|
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|
|
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
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|
|
|
he
|
|
|
|
|
transition from the provisions of the Government of India Act, 1935, to the
|
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|
|
|
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
|
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|
|
|
deem to be necessary or expedient:
|
|
|
|
|
Provided that no such order shall be made after the first meeting of
|
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|
|
|
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
|
|
|
|
|
his
|
|
|
|
|
Constitution, be exercisable by the Governor-General of the Dominion of India.
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