From b09bba7a4fb8f4932075202f660964b3ed3f017e Mon Sep 17 00:00:00 2001 From: Abhay Rana Date: Thu, 23 Apr 2015 12:59:52 +0530 Subject: [PATCH] AMENDMENT_01_18061951 --- PART16.txt | 17 ++++++---- PART21.txt | 8 +++-- PART3.txt | 89 ++++++++++++++++++++++++++++++++++++++++----------- PART5.txt | 30 ++++++++--------- PART6.txt | 30 +++++++---------- SCHEDULE9.txt | 28 ++++++++++++++++ 6 files changed, 140 insertions(+), 62 deletions(-) create mode 100644 SCHEDULE9.txt diff --git a/PART16.txt b/PART16.txt index 7ea7c75..9693d92 100644 --- a/PART16.txt +++ b/PART16.txt @@ -191,10 +191,11 @@ and making such recommendations as they think proper. (3) The President shall cause a copy of the report so presented together with a memorandum explaining the action taken thereon to be laid before each House of Parliament. -341. Scheduled Castes.—(1) The President may, after consultation with the Gove -rnor -or Rajpramukh of a State, by public notification, specify the castes, races or t -ribes or +341. Scheduled Castes.—(1) The President may with respect to any +State, and where it is a State specified in Part A or Part B of the First Schedu +le, after consultation with the +Governor or Rajpramukh thereof, by public notification, specify the castes, race +s or tribes or parts of or groups within castes, races or tribes which shall for the purposes o f this Constitution be deemed to be Scheduled Castes in relation to that State. @@ -203,9 +204,11 @@ Scheduled Castes specified in a notification issued under clause (1) any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification. -342. Scheduled Tribes.—(1) The President may, after consultation with the Gove -rnor -or Rajpramukh of a State, by public notification, specify the tribes or tribal +342. Scheduled Tribes.—(1) The President may with respect to any +State, and where it is a State specified in Part A or Part B of the First Schedu +le, after consultation with the +Governor or Rajpramukh thereof, by public notification, specify the tribes or tr +ibal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes in relation to that State. diff --git a/PART21.txt b/PART21.txt index d976618..739253e 100644 --- a/PART21.txt +++ b/PART21.txt @@ -141,7 +141,7 @@ THE CONSTITUTION OF INDIA (3) Nothing in clause (2) shall be deemed— (a) to empower the President to make any adaptation or -modification of any law after the expiration of two years from the +modification of any law after the expiration of three years from the commencement of this Constitution; or (b) to prevent any competent Legislature or other competent authority from repealing or amending any law adapted or modified by @@ -232,7 +232,11 @@ commencement the Judges of the High Court in the corresponding State, and shall thereupon be entitled to such salaries and allowances and to such rights i n respect of leave of absence and pension as are provided for under article 221 in -respect of the Judges of such High Court. +respect of the Judges of such High Court. Any such Judge shall, +notwithstanding that he is not a citizen of India, be eligible for appointment a +s +Chief Justice of such High Court, or as Chief Justice or other Judge of any +other High Court. (2) The Judges of a High Court in any Indian State corresponding to any State specified in Part B of the First Schedule holding office immediately before the commencement of this Constitution shall, unless they have elected diff --git a/PART3.txt b/PART3.txt index ab978b2..3dfd08c 100644 --- a/PART3.txt +++ b/PART3.txt @@ -48,6 +48,10 @@ public resort maintained wholly or partly out of State funds or dedicated to the use of the general public. (3) Nothing in this article shall prevent the State from making any special provision for women and children. +(4) Nothing in this article or in clause (2) of article 29 shall prevent the +State from making any special provision for the advancement of any socially +and educationally backward classes of citizens or for the Scheduled Castes and +the Scheduled Tribes. 16. Equality of opportunity in matters of public employment.—(1) There shall be equality of opportunity for all citizens in matters relating to @@ -105,12 +109,14 @@ THE CONSTITUTION OF INDIA (f) to acquire, hold and dispose of property; and (g) to practise any profession, or to carry on any occupation, trade or business. -(2) Nothing in sub-clause (a) of clause (1) shall affect -the operation of any existing law in so far as it relates to, -or prevent the State from making any law relating to, libel, -slander, defamation, contempt of court or any matter which -offends against decency or morality or which undermines -the security of, or tends to overthrow, the State. +(2) Nothing in sub-clause (a) of clause (1) shall affect the operation of +any existing law, or prevent the State from making any law, in so far as such +law imposes reasonable restrictions on the exercise of the right conferred by th +e +said sub-clause in the interests of the +security of the State, friendly relations with foreign States, public order, +decency or morality, or in relation to contempt of court, defamation or +incitement to an offence. (3) Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of @@ -126,19 +132,25 @@ operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the interests of the general public or for the protection of the interests of any Scheduled Tribe. -(6) Nothing in sub-clause (g) of the said clause shall -affect the operation of any existing law in so far as it -imposes, or prevent the State from making any law -imposing, in the interests of the general public, reasonable -restrictions on the exercise of the right conferred by the -said sub-clause, and, in particular, nothing in the said sub- -clause shall affect the operation of any existing law in so far -as it prescribes or empowers any authority to prescribe, or -prevent the State from making any law prescribing or -empowering any authority to prescribe, the professional or -technical qualifications necessary for practising any pro- -fession or carrying on any occupation, trade or business. +(6) Nothing in sub-clause (g) of the said clause shall affect the operation +of any existing law in so far as it imposes, or prevent the State from making +any law imposing, in the interests of the general public, reasonable restriction +s +on the exercise of the right conferred by the said sub-clause, and, in particula +r, +nothing in the said sub-clause shall affect the operation of any existing law in +so far as it relates to, or prevent the State from making any law relating to, + +(i) the professional or technical qualifications necessary for practising +any profession or carrying on any occupation, trade or business, or + THE CONSTITUTION OF INDIA + +10 + +(ii) the carrying on by the State, or by a corporation owned or +controlled by the State, of any trade, business, industry or service, +whether to the exclusion, complete or partial, of citizens or otherwise. 20. Protection in respect of conviction for offences.—(1) No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the Act charged as an offence, nor be subjected to a @@ -401,6 +413,47 @@ legislature and so long as some compensation is provided for, the legislation cannot be attacked as invalid. +31A. Saving of laws providing for acquisition of estates, etc.— +(1) +Notwithstanding anything in the foregoing provisions of this Part, no +law providing for the acquisition by the State of any estate or of any +rights therein or for the extinguishment or modification of any such +rights shall be deemed to be void on the ground that it is +inconsistent with, or takes away or abridges any of the rights +conferred by, any provisions of this Part: + +Provided that where such law is a law made by the Legislature of a +State, the provisions of this article shall not apply thereto unless +such law, having been reserved for the consideration of the President, +has received his assent. + 15 + +THE CONSTITUTION OF INDIA + +(2) In this article,— +(a) the expression "estate" shall, in relation to any local area, have +the same meaning as that expression or its local equivalent has in the +existing law relating to land tenures in force in that area, and shall +also include any jagir, inam or muafi or other similar grant; +(b) the expression “rights”, in relation to an estate, shall include any +rights vesting in a proprietor, sub-proprietor, under-proprietor, tenureholder o +r other intermediary and any rights or +privileges in respect of land revenue. +31B. Validation of certain Acts and Regulations.—Without prejudice +to the generality of the provisions contained in article 31A, none of the Acts +and Regulations specified in the Ninth Schedule nor any of the provisions +thereof shall be deemed to be void, or ever to have become void, on the ground +that such Act, Regulation or provision is inconsistent with, or takes away or +abridges any of the rights conferred by, any provisions of this Part, and +notwithstanding any judgment, decree or order of any court or Tribunal to the +contrary, each of the said Acts and Regulations shall, subject to the power of +any competent Legislature to repeal or amend it, continue in force. + + 16 + +THE CONSTITUTION OF INDIA + + 32. Remedies for enforcement of rights conferred by this Part.—(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed. diff --git a/PART5.txt b/PART5.txt index 88844f3..b51cfe0 100644 --- a/PART5.txt +++ b/PART5.txt @@ -511,20 +511,15 @@ years of age and, in the case of a seat in the House of the People, not less than twenty-five years of age; and (c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament. - -85. (1) The Houses of Parliament shall be summoned -to meet twice at least in every year, and -six months shall not intervene between -their last sitting in one session and the -date appointed for their first sitting in the next session. - -(2) Subject to the provisions of clause (1), the President -may from time to time -(a) summon the Houses or either House to meet at -such time and place as he thinks fit; -(b) prorogue the Houses; -(c) dissolve the House of the People. - +85. Sessions of Parliament, prorogation and dissolution.—(1) The +President shall from time to time summon each House of Parliament to meet at +such time and place as he thinks fit, but six months shall not intervene between +its last sitting in one session and the date appointed for its first sitting in +the +next session. +(2) The President may from time to time— +(a) prorogue the Houses or either House; +(b) dissolve the House of the People. 86. Right of President to address and send messages to Houses.—(1) The President may address either House of Parliament or both Houses assembled together, and for that purpose require the attendance of members. @@ -538,13 +533,14 @@ consider any matter required by the message to be taken into consideration. THE CONSTITUTION OF INDIA 87. Special address by the President.—(1) At the commencement of -every session the President shall address both +the first session after each general election to the House of the People and at +the +commencement of the first session of each year the President shall address both Houses of Parliament assembled together and inform Parliament of the causes of its summons. (2) Provision shall be made by the rules regulating the procedure of either House for the allotment of time for discussion of the matters referred to -in such address and for the precedence of such -discussion over other business of the House. +in such address. 88. Rights of Ministers and Attorney-General as respects Houses.— Every Minister and the Attorney-General of India shall have the right to speak in, and otherwise to take part in the proceedings of, either House, any joint diff --git a/PART6.txt b/PART6.txt index 626801a..c19a320 100644 --- a/PART6.txt +++ b/PART6.txt @@ -319,19 +319,15 @@ twenty-five years of age and, in the case of a seat in the Legislative Council, not less than thirty years of age; and (c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament. - -174. (1) The House or Houses of the Legislature of -the State shall be summoned to meet -twice at least in every year, and six -months shall not intervene between -their first sitting in one session and the date appointed for -their first sitting in the next session. -(2) Subject to the provisions of clause (1), the Gover- -nor may from time to time -(a) summon the House or either House to meet at -such time and place as he thinks fit ; -(b) prorogue the House or Houses ; -(c) dissolve the legislative Assembly. +174. Sessions of the State Legislature, prorogation and dissolution.— +(1) The Governor shall from time to time summon the House or each House of +the Legislature of the State to meet at such time and place as he thinks fit, bu +t +six months shall not intervene between its last sitting in one session and the +date appointed for its first sitting in the next session. +(2) The Governor may from time to time— +(a) prorogue the House or either House; +(b) dissolve the Legislative Assembly. 72 @@ -348,17 +344,15 @@ Legislature of the State, whether with respect to a Bill then pending in the Legislature or otherwise, and a House to which any message is so sent shall with all convenient despatch consider any matter required by the message to be taken into consideration. - 176. Special address by the Governor.—(1) At the commencement of -every session, the Governor shall address +the first session after each general election to the Legislative Assembly and at +the commencement of the first session of each year, the Governor shall address the Legislative Assembly or, in the case of a State having a Legislative Council, both Houses assembled together and inform the Legislature of the causes of its summons. (2) Provision shall be made by the rules regulating the procedure of the House or either House for the allotment of time for discussion of the matters -referred to in such address and for the precedence of such -discussion over other business of the House. - +referred to in such address. 177. Rights of Ministers and Advocate-General as respects the Houses.—Every Minister and the Advocate-General for a State shall have the right to speak in, and otherwise to take part in the proceedings of, the diff --git a/SCHEDULE9.txt b/SCHEDULE9.txt new file mode 100644 index 0000000..68c2ccc --- /dev/null +++ b/SCHEDULE9.txt @@ -0,0 +1,28 @@ +NINTH SCHEDULE +(Article 31B) +1. The Bihar Land Reforms Act, 1950 (Bihar Act XXX of 1950). +2. The Bombay Tenancy and Agricultural Lands Act, 1948 (Bombay Act +LXVII of 1948). +3. The Bombay Maleki Tenure Abolition Act, 1949 (Bombay Act LXI of 1949). +4. The Bombay Taluqdari Tenure Abolition Act, 1949 (Bombay Act LXII +of 1949). +5. The Panch Mahals Mehwassi Tenure Abolition Act, 1949 (Bombay Act +LXIII of 1949). +6. The Bombay Khoti Abolition Act, 1950 (Bombay Act VI of 1950). +7. The Bombay Paragana and Kulkarni Watan Abolition Act, 1950 +(Bombay Act LX of 1950). +8. The Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, +Alienated Lands) Act, 1950 (Madhya Pradesh Act I of 1951). +9. The Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948 +(Madras Act XXVI of 1948). +10. The Madras Estates (Abolition and Conversion into Ryotwari) +Amendment Act, 1950 (Madras Act I of 1950). +11. The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 +(Uttar Pradesh Act I of 1951). +12. The Hyderabad (Abolition of Jagirs) Regulation, 1358F (No. LXIX of +1358, Fasli). +13. The Hyderabad Jagirs (Commutation) Regulation, 1359F (No. XXV of +1359, Fasli). + + + \ No newline at end of file