From 020e9798406ebdff2888bc8e5a74a8dded044ae1 Mon Sep 17 00:00:00 2001 From: Abhay Rana Date: Thu, 23 Apr 2015 13:00:02 +0530 Subject: [PATCH] AMENDMENT_36_26041975 --- PART1.txt | 5 +-- PART21.txt | 112 ++++++++++++++++++++++++++++++++++++++++++++++++++ PART5.txt | 10 ++--- SCHEDULE1.txt | 26 ++++++++++++ SCHEDULE4.txt | 7 ++-- 5 files changed, 147 insertions(+), 13 deletions(-) diff --git a/PART1.txt b/PART1.txt index 3c18703..077784f 100644 --- a/PART1.txt +++ b/PART1.txt @@ -12,9 +12,8 @@ Schedule. admit into the Union, or establish, new States on such terms and conditions as i t thinks fit. -2A. Sikkim to be associated with the Union.-Sikkim, which comprises -the territories specified in the Tenth Schedule, shall be associated -with the Union on the terms and conditions set out in that Schedule. +2A. [Sikkim to be associated with the Union.] Rep. by the Constitution +(Thirty- sixth Amendment) Act, 1975, s. 5 (w.e.f. 26-4-1975). 3. Formation of new States and alteration of areas, boundaries or names of existing States.—Parliament may by law— (a)form a new State by separation of territory from any State or by diff --git a/PART21.txt b/PART21.txt index db3215d..71c442a 100644 --- a/PART21.txt +++ b/PART21.txt @@ -429,6 +429,118 @@ provision of this Constitution or in any other law for the time being in force. 371E. Establishment of Central University in Andhra Pradesh.— Parliament may by law provide for the establishment of a University in the State of Andhra Pradesh. +371F. Special provisions with respect to the State of Sikkim.— +Notwithstanding anything in this Constitution,— +(a) the Legislative Assembly of the State of Sikkim shall consist of +not less than thirty members; + + 209 + +THE CONSTITUTION OF INDIA + +(b) as from the date of commencement of the Constitution (Thirtysixth Amendment) + Act, 1975 (hereafter in this article referred to as the +appointed day)— +(i) the Assembly for Sikkim formed as a result of the elections +held in Sikkim in April, 1974 with thirty-two members elected in the +said elections (hereinafter referred to as the sitting members) shall be +deemed to be the Legislative Assembly of the State of Sikkim duly +constituted under this Constitution; +(ii) the sitting members shall be deemed to be the members of +the Legislative Assembly of the State of Sikkim duly elected under +this Constitution; and +(iii) the said Legislative Assembly of the State of Sikkim shall +exercise the powers and perform the functions of the Legislative +Assembly of a State under this Constitution; +(c) in the case of the Assembly deemed to be the Legislative +Assembly of the State of Sikkim under clause (b), the references to the +period of five years, in clause (1) of article 172 shall be construed as +references to a period of four years and the said period of four years shall +be deemed to commence from the appointed day; +(d) until other provisions are made by Parliament by law, there shall +be allotted to the State of Sikkim one seat in the House of the People and +the State of Sikkim shall form one parliamentary constituency to be +called the parliamentary constituency for Sikkim; +(e) the representative of the State of Sikkim in the House of the +People in existence on the appointed day shall be elected by the +members of the Legislative Assembly of the State of Sikkim; +(f) Parliament may, for the purpose of protecting the rights and +interests of the different sections of the population of Sikkim make +provision for the number of seats in the Legislative Assembly of the +State of Sikkim which may be filled by candidates belonging to such +sections and for the delimitation of the assembly constituencies from +which candidates belonging to such sections alone may stand for election +to the Legislative Assembly of the State of Sikkim; +(g) the Governor of Sikkim shall have special responsibility for peace +and for an equitable arrangement for ensuring the social and economic +advancement of different sections of the population of Sikkim and in the +discharge of his special responsibility under this clause, the Governor of +Sikkim shall, subject to such directions as the President may, from time +to time, deem fit to issue, act in his discretion; + + 210 + +THE CONSTITUTION OF INDIA + +(h) all property and assets (whether within or outside the territories +comprised in the State of Sikkim) which immediately before the appointed +day were vested in the Government of Sikkim or in any other authority or +in any person for the purposes of the Government of Sikkim shall, as from +the appointed day, vest in the Government of the State of Sikkim; +(i) the High Court functioning as such immediately before the +appointed day in the territories comprised in the State of Sikkim shall, on +and from the appointed day, be deemed to be the High Court for the +State of Sikkim; +(j) all courts of civil, criminal and revenue jurisdiction, all authorities and +all officers, judicial, executive and ministerial, throughout the territory of t +he +State of Sikkim shall continue on and from the appointed day to exercise +their respective functions subject to the provisions of this Constitution; +(k) all laws in force immediately before the appointed day in the +territories comprised in the State of Sikkim or any part thereof shall +continue to be in force therein until amended or repealed by a competent +Legislature or other competent authority; +(l) for the purpose of facilitating the application of any such law as is +referred to in clause (k) in relation to the administration of the State of +Sikkim and for the purpose of bringing the provisions of any such law +into accord with the provisions of this Constitution, the President may, +within two years from the appointed day, by order, make such +adaptations and modifications of the law, whether by way of repeal or +amendment, as may be necessary or expedient, and thereupon, every +such law shall have effect subject to the adaptations and modifications so +made, and any such adaptation or modification shall not be questioned in +any court of law; +(m) neither the Supreme Court nor any other court shall have +jurisdiction in respect of any dispute or other matter arising out of any +treaty, agreement, engagement or other similar instrument relating to +Sikkim which was entered into or executed before the appointed day and +to which the Government of India or any of its predecessor Governments +was a party, but nothing in this clause shall be construed to derogate +from the provisions of article 143; +(n) the President may, by public notification, extend with such restrictions +or modifications as he thinks fit to the State of Sikkim any enactment which +is in force in a State in India at the date of the notification; + + 211 + +THE CONSTITUTION OF INDIA + +(o) if any difficulty arises in giving effect to any of the foregoing +provisions of this article, the President may, by order, do anything +(including any adaptation or modification of any other article) which +appears to him to be necessary for the purpose of removing that +difficulty: +Provided that no such order shall be made after the expiry of two +years from the appointed day; +(p) all things done and all actions taken in or in relation to the State +of Sikkim or the territories comprised therein during the period +commencing on the appointed day and ending immediately before the +date on which the Constitution (Thirty-sixth Amendment) Act, 1975, +receives the assent of the President shall, in so far as they are in +conformity with the provisions of this Constitution as amended by the +Constitution (Thirty-sixth Amendment) Act, 1975, be deemed for all +purposes to have been validly done or taken under this Constitution as so +amended. 372. Continuance in force of existing laws and their adaptation.—(1) Notwithstanding the repeal by this Constitution of the enactments referred to in diff --git a/PART5.txt b/PART5.txt index 8defdba..4bef8fd 100644 --- a/PART5.txt +++ b/PART5.txt @@ -399,9 +399,8 @@ General 79. Constitution of Parliament.—There shall be a Parliament for the Union which shall consist of the President and two Houses to be known respectively as the Council of States and the House of the People. -80. Composition of the Council of States.—(1) Subject to the provisions -of paragraph 4 of the Tenth -Schedule, the Council of States shall consist of— +80. Composition of the Council of States.—(1) The Council of States +shall consist of— (a) twelve members to be nominated by the President in accordance with the provisions of clause (3); and (b) not more than two hundred and thirty-eight representatives of @@ -430,11 +429,8 @@ accordance with the system of proportional representation by means of the single transferable vote. (5) The representatives of the Union territories in the Council of States shall be chosen in such manner as Parliament may by law prescribe. - - 81. Composition of the House of the People.—(1) Subject to the -provisions of article 331 and paragraph 4 of the Tenth Schedule, -the House of the People shall consist of— +provisions of article 331, the House of the People shall consist of— (a) not more than five hundred and thirty members chosen by direct election from territorial constituencies in the States, and (b) not more than twenty members to represent the Union territories, diff --git a/SCHEDULE1.txt b/SCHEDULE1.txt index e11a990..b95803b 100644 --- a/SCHEDULE1.txt +++ b/SCHEDULE1.txt @@ -224,6 +224,27 @@ Name The territories which immediately before the commencement of the Constitution (Thirty-sixth Amendment) Act, 1975, were comprised in Sikkim. +The territories specified in section 6 of the +North-Eastern Areas (Reorganisation) Act, 1971. +The territories specified in section 7 of the +North-Eastern Areas (Reorganisation) Act, 1971. +The territories specified in section 3 of the Goa, +Daman and Diu Reorganisation Act, 1987. +The territories specified in section 3 of the +Madhya Pradesh Reorganisation Act, 2000. +The territories specified in section 3 of the Uttar +Pradesh Reorganisation Act, 2000. +The territories specified in section 3 of the Bihar +Reorganisation Act, 2000. + +23. Mizoram +24. Arunachal +Pradesh +25. Goa +26. Chhattisgarh +27.Uttarakhand +28. Jharkhand + Name 1. Delhi @@ -261,4 +282,9 @@ The territory which immediately before the eleventh day of August, 1961 was comprised in Free Dadra and Nagar Haveli. +5. Daman and Diu + +The territories specified in section 4 of the Goa, +Daman and Diu Reorganisation Act, 1987. + \ No newline at end of file diff --git a/SCHEDULE4.txt b/SCHEDULE4.txt index e21b246..1ebe576 100644 --- a/SCHEDULE4.txt +++ b/SCHEDULE4.txt @@ -132,11 +132,11 @@ West Bengal ……………………………………………. 23. 24. 25. - 26. 27. 28. 29. +30. THE CONSTITUTION OF INDIA @@ -146,7 +146,7 @@ Himachal Pradesh ……………………………………… Manipur ………………………..………………………. Tripura ………………………………………………… Meghalaya …………………………..…………………. - +Sikkim ………………………………………….……… Mizoram ……………..………………………………… Arunachal Pradesh ……………………………..……… Delhi @@ -162,8 +162,9 @@ Total 1 1 1 +1 3 1 -231 +233 \ No newline at end of file