AMENDMENT_36_26041975
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Abhay Rana
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3e7a2ff9cc
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020e979840
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@ -12,9 +12,8 @@ Schedule.
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admit into the Union, or establish, new States on such terms and conditions as i
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t
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thinks fit.
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2A. Sikkim to be associated with the Union.-Sikkim, which comprises
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the territories specified in the Tenth Schedule, shall be associated
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with the Union on the terms and conditions set out in that Schedule.
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2A. [Sikkim to be associated with the Union.] Rep. by the Constitution
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(Thirty- sixth Amendment) Act, 1975, s. 5 (w.e.f. 26-4-1975).
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3. Formation of new States and alteration of areas, boundaries or
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names of existing States.—Parliament may by law—
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(a)form a new State by separation of territory from any State or by
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112
PART21.txt
112
PART21.txt
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@ -429,6 +429,118 @@ provision of this Constitution or in any other law for the time being in force.
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371E. Establishment of Central University in Andhra Pradesh.—
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Parliament may by law provide for the establishment of a University in the
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State of Andhra Pradesh.
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371F. Special provisions with respect to the State of Sikkim.—
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Notwithstanding anything in this Constitution,—
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(a) the Legislative Assembly of the State of Sikkim shall consist of
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not less than thirty members;
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209
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THE CONSTITUTION OF INDIA
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(b) as from the date of commencement of the Constitution (Thirtysixth Amendment)
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Act, 1975 (hereafter in this article referred to as the
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appointed day)—
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(i) the Assembly for Sikkim formed as a result of the elections
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held in Sikkim in April, 1974 with thirty-two members elected in the
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said elections (hereinafter referred to as the sitting members) shall be
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deemed to be the Legislative Assembly of the State of Sikkim duly
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constituted under this Constitution;
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(ii) the sitting members shall be deemed to be the members of
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the Legislative Assembly of the State of Sikkim duly elected under
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this Constitution; and
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(iii) the said Legislative Assembly of the State of Sikkim shall
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exercise the powers and perform the functions of the Legislative
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Assembly of a State under this Constitution;
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(c) in the case of the Assembly deemed to be the Legislative
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Assembly of the State of Sikkim under clause (b), the references to the
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period of five years, in clause (1) of article 172 shall be construed as
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references to a period of four years and the said period of four years shall
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be deemed to commence from the appointed day;
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(d) until other provisions are made by Parliament by law, there shall
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be allotted to the State of Sikkim one seat in the House of the People and
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the State of Sikkim shall form one parliamentary constituency to be
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called the parliamentary constituency for Sikkim;
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(e) the representative of the State of Sikkim in the House of the
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People in existence on the appointed day shall be elected by the
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members of the Legislative Assembly of the State of Sikkim;
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(f) Parliament may, for the purpose of protecting the rights and
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interests of the different sections of the population of Sikkim make
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provision for the number of seats in the Legislative Assembly of the
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State of Sikkim which may be filled by candidates belonging to such
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sections and for the delimitation of the assembly constituencies from
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which candidates belonging to such sections alone may stand for election
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to the Legislative Assembly of the State of Sikkim;
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(g) the Governor of Sikkim shall have special responsibility for peace
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and for an equitable arrangement for ensuring the social and economic
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advancement of different sections of the population of Sikkim and in the
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discharge of his special responsibility under this clause, the Governor of
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Sikkim shall, subject to such directions as the President may, from time
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to time, deem fit to issue, act in his discretion;
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210
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THE CONSTITUTION OF INDIA
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(h) all property and assets (whether within or outside the territories
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comprised in the State of Sikkim) which immediately before the appointed
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day were vested in the Government of Sikkim or in any other authority or
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in any person for the purposes of the Government of Sikkim shall, as from
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the appointed day, vest in the Government of the State of Sikkim;
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(i) the High Court functioning as such immediately before the
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appointed day in the territories comprised in the State of Sikkim shall, on
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and from the appointed day, be deemed to be the High Court for the
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State of Sikkim;
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(j) all courts of civil, criminal and revenue jurisdiction, all authorities and
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all officers, judicial, executive and ministerial, throughout the territory of t
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he
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State of Sikkim shall continue on and from the appointed day to exercise
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their respective functions subject to the provisions of this Constitution;
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(k) all laws in force immediately before the appointed day in the
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territories comprised in the State of Sikkim or any part thereof shall
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continue to be in force therein until amended or repealed by a competent
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Legislature or other competent authority;
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(l) for the purpose of facilitating the application of any such law as is
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referred to in clause (k) in relation to the administration of the State of
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Sikkim and for the purpose of bringing the provisions of any such law
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into accord with the provisions of this Constitution, the President may,
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within two years from the appointed day, by order, make such
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adaptations and modifications of the law, whether by way of repeal or
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amendment, as may be necessary or expedient, and thereupon, every
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such law shall have effect subject to the adaptations and modifications so
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made, and any such adaptation or modification shall not be questioned in
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any court of law;
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(m) neither the Supreme Court nor any other court shall have
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jurisdiction in respect of any dispute or other matter arising out of any
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treaty, agreement, engagement or other similar instrument relating to
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Sikkim which was entered into or executed before the appointed day and
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to which the Government of India or any of its predecessor Governments
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was a party, but nothing in this clause shall be construed to derogate
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from the provisions of article 143;
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(n) the President may, by public notification, extend with such restrictions
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or modifications as he thinks fit to the State of Sikkim any enactment which
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is in force in a State in India at the date of the notification;
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211
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THE CONSTITUTION OF INDIA
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(o) 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
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(including any adaptation or modification of any other article) which
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appears to him to be necessary for the purpose of removing that
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difficulty:
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Provided that no such order shall be made after the expiry of two
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years from the appointed day;
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(p) all things done and all actions taken in or in relation to the State
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of Sikkim or the territories comprised therein during the period
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commencing on the appointed day and ending immediately before the
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date on which the Constitution (Thirty-sixth Amendment) Act, 1975,
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receives the assent of the President shall, in so far as they are in
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conformity with the provisions of this Constitution as amended by the
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Constitution (Thirty-sixth Amendment) Act, 1975, be deemed for all
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purposes to have been validly done or taken under this Constitution as so
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amended.
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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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10
PART5.txt
10
PART5.txt
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@ -399,9 +399,8 @@ General
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79. Constitution of Parliament.—There shall be a Parliament for the
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Union which shall consist of the President and two Houses to be known
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respectively as the Council of States and the House of the People.
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80. Composition of the Council of States.—(1) Subject to the provisions
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of paragraph 4 of the Tenth
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Schedule, the Council of States shall consist of—
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80. Composition of the Council of States.—(1) The Council of States
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shall consist of—
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(a) twelve members to be nominated by the President in accordance
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with the provisions of clause (3); and
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(b) not more than two hundred and thirty-eight representatives of
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@ -430,11 +429,8 @@ accordance with the system of proportional representation by means of the
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single transferable vote.
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(5) The representatives of the Union territories in the Council of States
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shall be chosen in such manner as Parliament may by law prescribe.
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81. Composition of the House of the People.—(1) Subject to the
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provisions of article 331 and paragraph 4 of the Tenth Schedule,
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the House of the People shall consist of—
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provisions of article 331, the House of the People shall consist of—
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(a) not more than five hundred and thirty members chosen by direct
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election from territorial constituencies in the States, and
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(b) not more than twenty members to represent the Union territories,
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@ -224,6 +224,27 @@ Name
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The territories which immediately before the
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commencement of the Constitution (Thirty-sixth
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Amendment) Act, 1975, were comprised in Sikkim.
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The territories specified in section 6 of the
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North-Eastern Areas (Reorganisation) Act, 1971.
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The territories specified in section 7 of the
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North-Eastern Areas (Reorganisation) Act, 1971.
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The territories specified in section 3 of the Goa,
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Daman and Diu Reorganisation Act, 1987.
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The territories specified in section 3 of the
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Madhya Pradesh Reorganisation Act, 2000.
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The territories specified in section 3 of the Uttar
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Pradesh Reorganisation Act, 2000.
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The territories specified in section 3 of the Bihar
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Reorganisation Act, 2000.
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23. Mizoram
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24. Arunachal
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Pradesh
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25. Goa
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26. Chhattisgarh
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27.Uttarakhand
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28. Jharkhand
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Name
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1. Delhi
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@ -261,4 +282,9 @@ The territory which immediately before the
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eleventh day of August, 1961 was comprised in
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Free Dadra and Nagar Haveli.
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5. Daman and Diu
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The territories specified in section 4 of the Goa,
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Daman and Diu Reorganisation Act, 1987.
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@ -132,11 +132,11 @@ West Bengal …………………………………………….
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23.
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24.
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25.
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26.
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27.
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28.
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29.
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30.
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THE CONSTITUTION OF INDIA
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@ -146,7 +146,7 @@ Himachal Pradesh ………………………………………
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Manipur ………………………..……………………….
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Tripura …………………………………………………
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Meghalaya …………………………..………………….
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Sikkim ………………………………………….………
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Mizoram ……………..…………………………………
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Arunachal Pradesh ……………………………..………
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Delhi
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@ -162,8 +162,9 @@ Total
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1
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1
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1
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1
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3
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1
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231
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233
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