From 3e7a2ff9ccbd5465a0a0c898b6bdabb40e312ef1 Mon Sep 17 00:00:00 2001 From: Abhay Rana Date: Thu, 23 Apr 2015 13:00:02 +0530 Subject: [PATCH] AMENDMENT_35_01031975 --- PART1.txt | 4 +- PART5.txt | 7 ++- SCHEDULE10.txt | 153 +++++++++++++++++++++++++++++++++++++++++++++++++ 3 files changed, 160 insertions(+), 4 deletions(-) create mode 100644 SCHEDULE10.txt diff --git a/PART1.txt b/PART1.txt index 9785af3..3c18703 100644 --- a/PART1.txt +++ b/PART1.txt @@ -12,7 +12,9 @@ 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. 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/PART5.txt b/PART5.txt index 8877b34..8defdba 100644 --- a/PART5.txt +++ b/PART5.txt @@ -399,8 +399,9 @@ 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) The Council of States shall cons -ist of— +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— (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 @@ -432,7 +433,7 @@ 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, +provisions of article 331 and paragraph 4 of the Tenth Schedule, 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 diff --git a/SCHEDULE10.txt b/SCHEDULE10.txt new file mode 100644 index 0000000..8115864 --- /dev/null +++ b/SCHEDULE10.txt @@ -0,0 +1,153 @@ +[Articles 2A, 80(1) and 81(1)] + +PART A +TERRITORIES OF SIKKIM + +1. Sikkim.---Sikkim comprises the following territories, namely:- + +The territories which, immediately before the coming into force of the +Government of Sikkim Act, 1974, were comprised in Sikkim. + +PART B + +TERMS AND CONDITIONS OF ASSOCIATION OF SIKKIM WITH THE UNION + +2. Responsibilities of the Government of India.-(1) The Government +of India- + +(a) shall be solely responsible for the defence and territorial +integrity of Sikkim and for the conduct and regulation of the external +relations of Sikkim, whether political, economic or financial; + +(b) shall have the exclusive right of constructing, maintaining and +regulating the use of railways, aerodromes, landing grounds and air +navigation facilities, posts, telegraphs, telephones and wireless +installations in Sikkim; + +(c) shall be responsible for securing the economic and social +development of Sikkim and for ensuring good administration and for the +maintenance of communal harmony therein; + +(d) shall be responsible for providing facilities for students from +Sikkim in institutions for higher learning in India and for the +employment of people from Sikkim in the public service of India +(including the All-India Services), at par with those available to +citizens of India; + +(e) shall be responsible for providing facilities for the +participation and representation of the people of Sikkim in the +political institutions of India. + +(2) The provisions contained in this paragraph shall not be +enforceable by any court. + +3. Exercise of certain powers by the President.-The President may, by +general or special order, provide- + +(a) for the inclusion of the planned development of Sikkim within the +ambit of the planning authority of India while that authority is +preparing plans for the economic and social development of India, and +for appropriately associating officials from Sikkim in such work; + +(b) for the exercise of all or any of the powers vested or sought to +be vested in the Government of India in or in relation to Sikkim under +the Government of Sikkim Act, 1974. + +4. Representation in Parliament.-Notwithstanding anything in this +Constitution- + +(a) there shall be allotted to Sikkim one seat in the Council of +States and one seat in the House of the People; + +(b) the representative of Sikkim in the Council of States shall be +elected by the members of the Sikkim Assembly; + +(c) the representative of Sikkim in the House of the People shall be +chosen by direct election, and for this purpose, the whole of Sikkim +shall form one parliamentary constituency to be called the +parliamentary constituency for Sikkim: + +Provided that the representative of Sikkim in the House of the People +in existence at the commencement of the Constitution (Thirty-fifth +Amendment) Act, 1974, shall be elected by the members of the Sikkim +Assembly; + +(d) there shall be one general electoral roll for the parliamentary +constituency for Sikkim and every person whose name is for the time +being entered in the electoral roll of any constituency under the +Government of Sikkim Act, 1974, shall be entitled to be registered in +the general electoral roll for the parliamentary constituency for +Sikkim; + +(e) a person shall not be qualified to be the representative of Sikkim +in the Council of States or the House of the People unless he is also +qualified to be chosen to fill a seat in the Sikkim Assembly and in +the case of any such representative- + +(i) clause (a) of article 84 shall apply as if the words "is a citizen +of India, and" had been omitted therefrom; + +(ii) clause (3) of article 101 shall apply as if sub-clause (a) had +been omitted therefrom; + +(iii) sub-clause (d) of clause (1) of article 102 shall apply as if +the words "is not a citizen of India, or" had been omitted therefrom; + +(iv) article 103 shall not apply; + +(f) every representative of Sikkim in the Council of States or in the +House of the People shall be deemed to be a member of the Council of +States or the House of the People, as the case may be, for all the +purposes of this Constitution except as respects the election of the +President or the Vice-President: + +Provided that in he case of any such representative, clause (2) of +article 101 shall apply as if for the words "a House of the +Legislature of a State", in both the places where they occur, and for +the words "the Legislature of the State", the words "the Sikkim +Assembly" had been substituted; + +(g) if a representative of Sikkim, being a member of the Council of +States or the House of the People, becomes subject to any of the +disqualifications for being a member of the Sikkim Assembly or for +being the representative of Sikkim in the Council of States or the +House of the People, his seat as a member of the Council of States or +the House of the People, as the case may be, shall thereupon become +vacant; + +(h) if any question arises as to whether a representative of Sikkim, +being a member of the Council of States or the House of the People, +has become subject to any of the disqualifications mentioned in clause +(g) of this paragraph, the question shall be referred for the decision +of the President and his decision shall be final: + +Provided that before giving any decision on any such question, the +President shall obtain the opinion of the Election Commission and +shall act according to such opinion; + +(i) the superintendence, direction and control of the preparation of +the electoral rolls for the conduct of elections to Parliament under +this paragraph of the representatives of Sikkim shall be vested in the +Election Commission and the provisions of clauses (2), (3), (4) and +(6) of article 324 shall, so far as may be, apply to and in relation +to all such elections; + +(j) Parliament may, subject to the provisions of this paragraph, from +time to time by law make provision with respect to all matters +relating to, or in connection with, such elections to either House of +Parliament; + +(k) no such election to either House of Parliament shall be called in +question except by an election petition presented to such authority +and in such manner as may be provided for by or under any law made by +Parliament. + +Explanation.-In this paragraph, the expression "the Sikkim Assembly" +shall mean the Assembly for Sikkim constituted under the Government of +Sikkim Act, 1974. + +5. Schedule not to derogate from agreements, etc.-The provisions of +this Schedule shall be in addition to, and not in derogation of, any +other power, jurisdiction, rights and authority which the Government +of India has or may have in or in relation to Sikkim under any +agreement, grant, usage, sufferance or other lawful arrangement.'. \ No newline at end of file