AMENDMENT_39_10081975

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Abhay Rana 2015-04-23 13:00:03 +05:30
parent ebb69353b9
commit e4dae75bc4
3 changed files with 175 additions and 20 deletions

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@ -87,7 +87,8 @@ constitution of such House or Houses.
THE CONSTITUTION OF INDIA
329. Bar to interference by courts in electoral matters.—
Notwithstanding anything in this Constitution—
Notwithstanding anything in this Constitution but
subject to the provisions of article 329A—
(a) the validity of any law relating to the delimitation of
constituencies or the allotment of seats to such constituencies, made or
purporting to be made under article 327 or article 328, shall not be called
@ -99,5 +100,60 @@ manner as may be provided for by or under any law made by the
appropriate Legislature.
329A. Special provision as to elections to Parliament in the case of
Prime Minister and Speaker.-(1) Subject to the provisions of Chapter
II of Part V [except sub-clause (e) of clause (1) of article 102], no
election-
(a) to either House of Parliament of a person who holds the office of
Prime Minister at the time of such election or is appointed as Prime
Minister after such election;
(b) to the House of the People of a person who holds the office of
Speaker of that House at the time of such election or who is chosen
as the Speaker for that House after such election,
shall be called in question, except before such authority [not being
any such authority as is referred to in clause (b) of article 329] or
body and in such manner as may be provided for by or under any law
made by Parliament and any such law may provide for all other matters
relating to doubts and disputes in relation to such election including
the grounds on which such election may be questioned.
(2) The validity of any such law as is referred to in clause (1) and
the decision of any authority or body under such law shall not be
called in question in any court.
(3) Where any person is appointed as Prime Minister or, as the case
may be, chosen to the office of the Speaker of the House of the
People, while an election petition referred to in clause (b) of
article 329 in respect of his election to either House of Parliament
or, as the case may be, to the House of the People is pending, such
election petition shall abate upon such person being appointed as
Prime Minister or, as the case may be, being chosen to the office of
the Speaker of the House of the People, but such election may be
called in question under any such law as is referred to in clause (1).
(4) No law made by Parliament before the commencement of the
Constitution (Thirty-ninth Amendment) Act, 1975, in so far as it
relates to election petitions and matters connected therewith, shall
apply or shall be deemed ever to have applied to or in relation to the
election to any such person as is referred to in clause (1) to either
House of Parliament and such election shall not be deemed to be void
or ever to have become void on any ground on which such elction could
be declared to be void or has, before such commencement, been declared
to be void under any such law and notwithstanding any order made by
any court, before such commencement, declaring such elction to be
void, such election shall continue to be valid in all respects and any
such order and any finding on which such order is based shall be and
shall be deemed always to have been void and of no effect.
(5) Any appeal or cross appeal against any such order of any court as
is referred to in clause (4) pending immediately before the
commencement of the Constitution (Thirty-ninth Amendment) Act, 1975,
before the Supreme Court shall be disposed of in conformity with the
provisions of clause (4).
(6) The provisions of this article shall have effect notwithstanding
anything contained in this Constitution.

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@ -257,29 +257,33 @@ THE CONSTITUTION OF INDIA
Parliament may make such provisions as it thinks fit for the discharge of the
functions of the President in any contingency not provided for in this Chapter.
71. (1) All doubts and disputes arising out of or in
connection with the election of a President
or Vice- President shall be inquired into
and decided by the Supreme Court whose
decision shall be final.
(2) If the election of a person as President or Vice-
President is declared void by the Supreme Court, acts done
by him in the exercise and performance of the powers and
duties of the office of President or Vice- President, as the
case may be, on or before the date of the decision of the
Supreme Court shall not be invalidated by reason of that
declaration.
71. Matters relating to or connected with the election of a
President or Vice-President.-(1) Subject of the provisions of this
Constitution, Parliament may by law regulate any matter relating to or
connected with the election of a President or Vice-President,
including the grounds on which such election may be questioned:
(3) Subject to the provisions of this Constitution,
Parliament may by law regulate any matter relating to or
connected with the election of a President or Vice-President.
Provided that the election of a person as President or Vice-President
shall not be called in question on the ground of the existence of any
vacancy for whatever reason among the members of the electoral college
electing him.
(4) The election of a person as President or Vice-President shall not
be called in question on the ground of the existence of any vacancy
for whatever reason among the members of the electoral college
electing him.
(2) All doubts and disputes arising out of or in connection with the
election of a President or Vice-President shall be inquired into and
decided by such authority or body and in such manner as may be
provided for by or under any law referred to in clause (1).
(3) The validity of any such law as is referred to in clause (1) and
the decision of any authority or body under such law shall not be
called in question in any court.
(4) If the election of a person as President or Vice-President is
declared void under any such law as is referred to in clause (1), acts
done by him in the exercise and performance of the powers and duties
of the office of President or Vice-President, as the case may be, on
or before the date of such declaration shall not be invalidated by
reason of that declaration."
72. Power of President to grant pardons, etc., and to suspend, remit
or commute sentences in certain cases.—(1) The President shall have the
power to grant pardons, reprieves, respites or remissions of punishment or to

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@ -181,6 +181,101 @@ Act, 1972 (Gujarat Act 5 of 1973).
1974).
86. The Tripura Land Revenue and Land Reforms (Second Amendment)
Act,1974 (Tripura Act 7 of 1974).
87. The Representation of the People Act, 1951 (Central Act 43 of
1951), the Representation of the People (Amendment) Act, 1974 (Central
Act 58 of 1974) and the Election Laws (Amendment) Act, 1975 (Central
Act 40 of 1975)
88. The Industries (Development and Regulation) Act, 1951 (Central Act
65 of 1951).
89. The Requisitioning and Acquisition of Immovable Property Act, 1952
(Central Act 30 of 1952).
THE CONSTITUTION OF INDIA
284
90. The Mines and Minerals (Regulation and Development) Act, 1957
(Central Act 67 of 1957).
91. The Monopolies and Restrictive Trade Practices Act, 1969 (Central Act
54 of 1969).
92. The Maintenance of Internal Security Act, 1971 (Central Act 26 of
1971)
93. The Coking Coal Mines (Emergency Provisions) Act, 1971 (Central
Act 64 of 1971).
94. The Coking Coal Mines (Nationalisation) Act, 1972 (Central Act 36 of
1972).
95. The General Insurance Business (Nationalisation) Act, 1972 (Central
Act 57 of 1972).
96. The Indian Copper Corporation (Acquisition of Undertaking) Act, 1972
(Central Act 58 of 1972).
97. The Sick Textile Undertakings (Taking Over of Management) Act,
1972 (Central Act 72 of 1972).
98. The Coal Mines (Taking Over of Management) Act, 1973 (Central Act
15 of 1973).
99. The Coal Mines (Nationalisation) Act, 1973 (Central Act 26 of 1973).
100. The Foreign Exchange Regulation Act, 1973 (Central Act 46 of 1973).
101. The Alcock Ashdown Company Limited
Undertakings) Act, 1973 (Central Act 56 of 1973).
(Acquisition
of
102. The Coal Mines (Conservation and Development) Act, 1974 (Central
Act 28 of 1974).
103. The Additional Emoluments (Compulsory Deposit) Act, 1974 (Central
Act 37 of 1974).
104. The Conservation of Foreign Exchange and Prevention of Smuggling
Activities Act, 1974 (Central Act 52 of 1974).
105. The Sick Textile Undertakings (Nationalisation) Act, 1974 (Central
Act 57 of 1974).
106. The Maharashtra Agricultural Lands (Ceiling on Holdings)
(Amendment) Act, 1964 (Maharashtra Act XVI of 1965).
285
THE CONSTITUTION OF INDIA
107. The Maharashtra Agricultural Lands (Ceiling on Holdings)
(Amendment) Act, 1965 (Maharashtra Act XXXII of 1965).
108. The Maharashtra Agricultural Lands (Ceiling on Holdings)
(Amendment) Act, 1968 (Maharashtra Act XVI of 1968).
109. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Second
Amendment) Act, 1968 (Maharashtra Act XXXIII of 1968).
110. The Maharashtra Agricultural Lands (Ceiling on Holdings)
(Amendment) Act, 1969 (Maharashtra Act XXXVII of 1969).
111. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Second
Amendment) Act, 1969 (Maharashtra Act XXXVIII of 1969).
112. The Maharashtra Agricultural Lands (Ceiling on Holdings)
(Amendment) Act, 1970 (Maharashtra Act XXVII of 1970).
113. The Maharashtra Agricultural Lands (Ceiling on Holdings)
(Amendment) Act, 1972 (Maharashtra Act XIII of 1972).
114. The Maharashtra Agricultural Lands (Ceiling on Holdings)
(Amendment) Act, 1973 (Maharashtra Act L of 1973).
115. The Orissa Land Reforms (Amendment) Act, 1965 (Orissa Act 13 of
1965).
116. The Orissa Land Reforms (Amendment) Act, 1966 (Orissa Act 8 of
1967).
117. The Orissa Land Reforms (Amendment) Act, 1967 (Orissa Act 13 of
1967).
118. The Orissa Land Reforms (Amendment) Act, 1969 (Orissa Act 13 of
1969).
119. The Orissa Land Reforms (Amendment) Act, 1970 (Orissa Act 18 of
1970).
120. The Uttar Pradesh Imposition of Ceiling on Land Holdings
(Amendment) Act, 1972 (Uttar Pradesh Act 18 of 1973).
121. The Uttar Pradesh Imposition of Ceiling on Land Holdings
(Amendment) Act, 1974 (Uttar Pradesh Act 2 of 1975).
286
THE CONSTITUTION OF INDIA
122. The Tripura Land Revenue and Land Reforms (Third Amendment)
Act, 1975 (Tripura Act 3 of 1975).
123.The Dadra and Nagar Haveli Land Reforms Regulation, 1971 (3 of 1971).
124. The Dadra and Nagar Haveli Land Reforms (Amendment)
Regulation, 1973 (5 of 1973).
290
THE CONSTITUTION OF INDIA