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802 lines
43 KiB
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PART XXI
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TEMPORARY, TRANSITIONAL AND
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SPECIAL PROVISIONS
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369. Temporary power to Parliament to make laws with respect to
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certain matters in the State List as if they were matters in the Concurrent
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List.—Notwithstanding anything in this Constitution, Parliament shall, during
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a period of five years from the commencement of this Constitution, have power
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to make laws with respect to the following matters as if they were enumerated
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in the Concurrent List, namely:—
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(a) trade and commerce within a State in, and the production, supply
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and distribution of, cotton and woollen textiles, raw cotton (including
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ginned cotton and unginned cotton or kapas), cotton seed, paper
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(including newsprint), food-stuffs (including edible oilseeds and oil),
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cattle fodder (including oil-cakes and other concentrates), coal
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(including coke and derivatives of coal), iron, steel and mica;
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(b) offences against laws with respect to any of the matters
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mentioned in clause (a), jurisdiction and powers of all courts except the
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Supreme Court with respect to any of those matters, and fees in respect
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of any of those matters but not including fees taken in any court;
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but any law made by Parliament, which Parliament would not but for the
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provisions of this article have been competent to make, shall, to the extent of
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the
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incompetency, cease to have effect on the expiration of the said period, except
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as
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respects things done or omitted to be done before the expiration thereof.
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1
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[370. Temporary provisions with respect to the State of Jammu
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and Kashmir.—(1) Notwithstanding anything in this Constitution,—
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(a) the provisions of article 238 shall not apply in relation to the State
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of Jammu and Kashmir;
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______________________________________________
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1 In exercise of the powers conferred by this article the President, on the reco
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mmendation of the
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Constituent Assembly of the State of Jammu and Kashmir, declared that, as from t
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he 17th day of
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November, 1952, the said art. 370 shall be operative with the modification that
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for the Explanation
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in cl. (1) thereof, the following Explanation is substituted, namely:“Explanat
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ion – For the purposes of this article, the Government of the State means the
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person
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for the time being recognised by the President on the recommendation of the Legi
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slative
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Assembly of the State as the *Sadar-I Riyasat of Jammu and Kashmir, acting on th
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e advice of the
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Council of Ministers of the State for the time being in office.”.
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(Ministry of Law Order No. C.O. 44, dated the 15th November, 1952).
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*Now “Governor”.
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199
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200
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THE CONSTITUTION OF INDIA
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(b) the power of Parliament to make laws for the said State shall be
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limited to—
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(i) those matters in the Union List and the Concurrent List
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which, in consultation with the Government of the State, are
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declared by the President to correspond to matters specified in the
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Instrument of Accession governing the accession of the State to the
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Dominion of India as the matters with respect to which the
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Dominion Legislature may make laws for that State; and
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(ii) such other matters in the said Lists as, with the concurrence
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of the Government of the State, the President may by order specify.
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Explanation.—For the purposes of
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this article, the
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Government of the State means the person for the time being recognised
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by the President as the Maharaja of Jammu and Kashmir acting on the
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advice of the Council of Ministers for the time being in office under the
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Maharaja’s Proclamation dated the fifth day of March, 1948;
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(c) the provisions of article 1 and of this article shall apply in relation
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to that State;
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(d) such of the other provisions of this Constitution shall apply in
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relation to that State subject to such exceptions and modifications as the
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President may by order specify:
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Provided that no such order which relates to the matters specified in the
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Instrument of Accession of the State referred to in paragraph (i) of sub-clause
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(b) shall be issued except in consultation with the Government of the State:
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Provided further that no such order which relates to matters other than
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those referred to in the last preceding proviso shall be issued except with the
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concurrence of that Government.
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(2) If the concurrence of the Government of the State referred to in
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paragraph (ii) of sub-clause (b) of clause (1) or in the second proviso to subcl
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ause (d) of that clause be given before the Constituent Assembly for the
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purpose of framing the Constitution of the State is convened, it shall be placed
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before such Assembly for such decision as it may take thereon.
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(3) Notwithstanding anything in the foregoing provisions of this article,
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the President may, by public notification, declare that this article shall cease
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to
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be operative or shall be operative only with such exceptions and modifications
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and from such date as he may specify:
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201
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THE CONSTITUTION OF INDIA
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Provided that the recommendation of the Constituent Assembly of the
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State referred to in clause (2) shall be necessary before the President issues
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such a notification.
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371. Special provision with respect to the States of Maharashtra and
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Gujarat.— *
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*
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*
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*
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*
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(2) Notwithstanding anything in this Constitution, the President may by
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order made with respect to the State of Maharashtra or Gujarat, provide for any
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special responsibility of the Governor for—
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(a) the establishment of separate development boards for Vidarbha,
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Marathwada, and the rest of Maharashtra or, as the case may be,
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Saurashtra, Kutch and the rest of Gujarat with the provision that a report
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on the working of each of these boards will be placed each year before
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the State Legislative Assembly;
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(b) the equitable allocation of funds for developmental expenditure
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over the said areas, subject to the requirements of the State as a whole;
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and
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(c) an equitable arrangement providing adequate facilities for
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technical education and vocational training, and adequate opportunities
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for employment in services under the control of the State Government, in
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respect of all the said areas, subject to the requirements of the State as a
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whole.
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371A. Special provision with respect to the State of Nagaland.—(1)
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Notwithstanding anything in this Constitution,—
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(a) no Act of Parliament in respect of—
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(i) religious or social practices of the Nagas,
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(ii) Naga customary law and procedure,
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(iii) administration of civil and criminal justice involving
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decisions according to Naga customary law,
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(iv) ownership and transfer of land and its resources,
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shall apply to the State of Nagaland unless the Legislative Assembly of
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Nagaland by a resolution so decides;
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(b) the Governor of Nagaland shall have special responsibility with
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respect to law and order in the State of Nagaland for so long as in his
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opinion internal disturbances occurring in the Naga Hills-Tuensang Area
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immediately before the formation of that State continue therein or in any
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part thereof and in the discharge of his functions in relation thereto the
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Governor shall, after consulting the Council of Ministers, exercise his
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individual judgment as to the action to be taken:
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202
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THE CONSTITUTION OF INDIA
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Provided that if any question arises whether any matter is or is
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not a matter as respects which the Governor is under this sub-clause
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required to act in the exercise of his individual judgment, the decision of
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the Governor in his discretion shall be final, and the validity of
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anything done by the Governor shall not be called in question on the
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ground that he ought or ought not to have acted in the exercise of his
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individual judgment:
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Provided further that if the President on receipt of a report from
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the Governor or otherwise is satisfied that it is no longer necessary for
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the Governor to have special responsibility with respect to law and order
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in the State of Nagaland, he may by order direct that the Governor shall
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cease to have such responsibility with effect from such date as may be
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specified in the order;
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(c) in making his recommendation with respect to any demand for a
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grant, the Governor of Nagaland shall ensure that any money provided
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by the Government of India out of the Consolidated Fund of India for
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any specific service or purpose is included in the demand for a grant
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relating to that service or purpose and not in any other demand;
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(d) as from such date as the Governor of Nagaland may by public
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notification in this behalf specify, there shall be established a regional
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council for the Tuensang district consisting of thirty-five members and
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the Governor shall in his discretion make rules providing for—
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(i) the composition of the regional council and the manner in
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which the members of the regional council shall be chosen:
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Provided that the Deputy Commissioner of the Tuensang
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district shall be the Chairman ex officio of the regional council and
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the Vice-Chairman of the regional council shall be elected by the
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members thereof from amongst themselves;
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(ii) the qualifications for being chosen as, and for being,
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members of the regional council;
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(iii) the term of office of, and the salaries and allowances, if any,
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to be paid to members of, the regional council;
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(iv) the procedure and conduct of business of the regional council;
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203
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THE CONSTITUTION OF INDIA
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(v) the appointment of officers and staff of the regional council
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and their conditions of services; and
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(vi) any other matter in respect of which it is necessary to make
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rules for the constitution and proper functioning of the regional council.
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(2) Notwithstanding anything in this Constitution, for a period of ten
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years from the date of the formation of the State of Nagaland or for such furthe
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r
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period as the Governor may, on the recommendation of the regional council, by
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public notification specify in this behalf,—
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(a) the administration of the Tuensang district shall be carried on by
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the Governor;
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(b) where any money is provided by the Government of India to the
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Government of Nagaland to meet the requirements of the State of
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Nagaland as a whole, the Governor shall in his discretion arrange for an
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equitable allocation of that money between the Tuensang district and the
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rest of the State;
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(c) no Act of the Legislature of Nagaland shall apply to Tuensang
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district unless the Governor, on the recommendation of the regional
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council, by public notification so directs and the Governor in giving such
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direction with respect to any such Act may direct that the Act shall in its
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application to the Tuensang district or any part thereof have effect
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subject to such exceptions or modifications as the Governor may specify
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on the recommendation of the regional council:
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Provided that any direction given under this sub-clause may be
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given so as to have retrospective effect;
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(d) the Governor may make regulations for the peace, progress and good
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government of the Tuensang district and any regulations so made may repeal
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or amend with retrospective effect, if necessary, any Act of Parliament or any
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other law which is for the time being applicable to that district;
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(e) (i) one of the members representing the Tuensang district in the
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Legislative Assembly of Nagaland shall be appointed Minister for
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Tuensang affairs by the Governor on the advice of the Chief Minister
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and the Chief Minister in tendering his advice shall act on the
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recommendation of the majority of the members as aforesaid ;
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(ii) the Minister for Tuensang affairs shall deal with, and have
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direct access to the Governor on, all matters relating to the Tuensang
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district but he shall keep the Chief Minister informed about the same;
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204
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THE CONSTITUTION OF INDIA
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(f) notwithstanding anything in the foregoing provisions of this
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clause, the final decision on all matters relating to the Tuensang district
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shall be made by the Governor in his discretion;
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(g) in articles 54 and 55 and clause (4) of article 80, references to the
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elected members of the Legislative Assembly of a State or to each such
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member shall include references to the members or member of the
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Legislative Assembly of Nagaland elected by the regional council
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established under this article;
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(h) in article 170—
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(i) clause (1) shall, in relation to the Legislative Assembly of
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Nagaland, have effect as if for the word “sixty”, the word “fortysix” ha
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d been substituted;
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(ii) in the said clause, the reference to direct election from
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territorial constituencies in the State shall include election by the
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members of the regional council established under this article;
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(iii) in clauses (2) and (3), references to territorial
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constituencies shall mean references to territorial constituencies in
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the Kohima and Mokokchung districts.
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(3) 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 (including
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any adaptation or modification of any other article) which appears to him to be
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necessary for the purpose of removing that difficulty:
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Provided that no such order shall be made after the expiration of three
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years from the date of the formation of the State of Nagaland.
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Explanation..—In this article, the Kohima, Mokokchung and Tuensang
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districts shall have the same meanings as in the State of Nagaland Act, 1962.
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371B. Special provision with respect to the State of Assam.—
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Notwithstanding anything in this Constitution, the President may, by order
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made with respect to the State of Assam, provide for the constitution and
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functions of a committee of the Legislative Assembly of the State consisting of
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members of that Assembly elected from the tribal areas specified in Part I of
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the table appended to paragraph 20 of the Sixth Schedule and such number of
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other members of that Assembly as may be specified in the order and for the
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modifications to be made in the rules of procedure of that Assembly for the
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constitution and proper functioning of such committee.
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205
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THE CONSTITUTION OF INDIA
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371C. Special provision with respect to the State of Manipur.—(1)
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Notwithstanding anything in this Constitution, the President may, by order made
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with respect to the State of Manipur, provide for the constitution and functions
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of
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a committee of the Legislative Assembly of the State consisting of members of
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that Assembly elected from the Hill Areas of that State, for the modifications t
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o
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be made in the rules of business of the Government and in the rules of procedure
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of the Legislative Assembly of the State and for any special responsibility of t
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he
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Governor in order to secure the proper functioning of such committee.
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(2) The Governor shall annually, or whenever so required by the President,
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make a report to the President regarding the administration of the Hill Areas in
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the State of Manipur and the executive power of the Union shall extend to the
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giving of directions to the State as to the administration of the said areas.
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Explanation.—In this article, the expression “Hill Areas” means such
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areas as the President may, by order, declare to be Hill areas.
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371D. Special provisions with respect to the State of Andhra
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Pradesh.—(1) The President may by order made with respect to the State of
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Andhra Pradesh provide, having regard to the requirements of the State as a
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whole, for equitable opportunities and facilities for the people belonging to
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different parts of the State, in the matter of public employment and in the matt
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er
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of education, and different provisions may be made for various parts of the Stat
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e.
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(2) An order made under clause (1) may, in particular,—
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(a) require the State Government to organise any class or classes of
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posts in a civil service of, or any class or classes of civil posts under, the
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State into different local cadres for different parts of the State and allot
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in accordance with such principles and procedure as may be specified in
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the order the persons holding such posts to the local cadres so organised;
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(b) specify any part or parts of the State which shall be regarded as
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the local area—
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(i) for direct recruitment to posts in any local cadre (whether
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organised in pursuance of an order under this article or constituted
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otherwise) under the State Government;
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(ii) for direct recruitment to posts in any cadre under any local
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authority within the State; and
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(iii) for the purposes of admission to any University within the
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State or to any other educational institution which is subject to the
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control of the State Government;
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206
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THE CONSTITUTION OF INDIA
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(c) specify the extent to which, the manner in which and the
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conditions subject to which, preference or reservation shall be given or
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made—
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(i) in the matter of direct recruitment to posts in any such cadre
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referred to in sub-clause (b) as may be specified in this behalf in
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the order;
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(ii) in the matter of admission to any such University or other
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educational institution referred to in sub-clause (b) as may be
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specified in this behalf in the order,
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to or in favour of candidates who have resided or studied for any period
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specified in the order in the local area in respect of such cadre,
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University or other educational institution, as the case may be.
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(3) The President may, by order, provide for the constitution of an
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Administrative Tribunal for the State of Andhra Pradesh to exercise such
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jurisdiction, powers and authority [including any jurisdiction, power and
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authority which immediately before the commencement of the Constitution
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(Thirty-second Amendment) Act, 1973, was exercisable by any court (other
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than the Supreme Court) or by any tribunal or other authority] as may be
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specified in the order with respect to the following matters, namely:—
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(a) appointment, allotment or promotion to such class or classes of
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posts in any civil service of the State, or to such class or classes of civil
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posts under the State, or to such class or classes of posts under the
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control of any local authority within the State, as may be specified in the
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order;
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(b) seniority of persons appointed, allotted or promoted to such class
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or classes of posts in any civil service of the State, or to such class or
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classes of civil posts under the State, or to such class or classes of posts
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under the control of any local authority within the State, as may be
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specified in the order;
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(c) such other conditions of service of persons appointed, allotted or
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promoted to such class or classes of posts in any civil service of the State
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or to such class or classes of civil posts under the State or to such class
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or classes of posts under the control of any local authority within the
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State, as may be specified in the order.
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207
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THE CONSTITUTION OF INDIA
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(4) An order made under clause (3) may—
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(a) authorise the Administrative Tribunal to receive representations
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for the redress of grievances relating to any matter within its jurisdiction
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as the President may specify in the order and to make such orders
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thereon as the Administrative Tribunal deems fit;
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(b) contain such provisions with respect to the powers and authorities
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and procedure of the Administrative Tribunal (including provisions with
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respect to the powers of the Administrative Tribunal to punish for
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contempt of itself) as the President may deem necessary;
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(c) provide for the transfer to the Administrative Tribunal of such
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classes of proceedings, being proceedings relating to matters within its
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jurisdiction and pending before any court (other than the Supreme Court)
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or tribunal or other authority immediately before the commencement of
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such order, as may be specified in the order;
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(d) contain such supplemental, incidental and consequential
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provisions (including provisions as to fees and as to limitation, evidence
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or for the application of any law for the time being in force subject to
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any exceptions or modifications) as the President may deem necessary.
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(5) The Order of the Administrative Tribunal finally disposing of any
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case shall become effective upon its confirmation by the State Government or
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on the expiry of three months from the date on which the order is made,
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whichever is earlier:
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Provided that the State Government may, by special order made in
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writing and for reasons to be specified therein, modify or annul any order of th
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e
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Administrative Tribunal before it becomes effective and in such a case, the
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order of the Administrative Tribunal shall have effect only in such modified
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form or be of no effect, as the case may be.
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(6) Every special order made by the State Government under the proviso
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to clause (5) shall be laid, as soon as may be after it is made, before both
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Houses of the State Legislature.
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(7) The High Court for the State shall not have any powers of
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superintendence over the Administrative Tribunal and no court (other than the
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Supreme Court) or tribunal shall exercise any jurisdiction, power or authority i
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n
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respect of any matter subject to the jurisdiction, power or authority of, or in
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relation to, the Administrative Tribunal.
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______________________________________________
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. In P. Sambamurthy and others vs. State of Andhara Pradesh and other (1987) 1SC
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C,
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p. 362, the Supreme Court declared cl. (5) of art. 371D along with the proviso t
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o be
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unconstitutional and void.
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208
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THE CONSTITUTION OF INDIA
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(8) If the President is satisfied that the continued existence of the
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Administrative Tribunal is not necessary, the President may by order abolish
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the Administrative Tribunal and make such provisions in such order as he may
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deem fit for the transfer and disposal of cases pending before the Tribunal
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immediately before such abolition.
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(9) Notwithstanding any judgment, decree or order of any court, tribunal
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or other authority,—
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(a) no appointment, posting, promotion or transfer of any person—
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(i) made before the 1st day of November, 1956, to any post
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under the Government of, or any local authority within, the State
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of Hyderabad as it existed before that date; or
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(ii) made before the commencement of the Constitution
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(Thirty-second Amendment) Act, 1973, to any post under the
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Government of, or any local or other authority within, the State of
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Andhra Pradesh; and
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(b) no action taken or thing done by or before any person referred to
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in sub-clause (a),
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shall be deemed to be illegal or void or ever to have become illegal or void
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merely on the ground that the appointment, posting, promotion or transfer of
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such person was not made in accordance with any law, then in force, providing
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for any requirement as to residence within the State of Hyderabad or, as the
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case may be, within any part of the State of Andhra Pradesh, in respect of such
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appointment, posting, promotion or transfer.
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(10) The provisions of this article and of any order made by the
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President thereunder shall have effect notwithstanding anything in any other
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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.
|
||
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.
|
||
371G. Special provision with respect to the State of Mizoram.—
|
||
Notwithstanding anything in this Constitution,—
|
||
(a) no Act of Parliament in respect of—
|
||
(i) religious or social practices of the Mizos,
|
||
(ii) Mizo customary law and procedure,
|
||
(iii) administration of civil and criminal justice involving
|
||
decisions according to Mizo customary law,
|
||
(iv) ownership and transfer of land,
|
||
shall apply to the State of Mizoram unless the Legislative Assembly of
|
||
the State of Mizoram by a resolution so decides :
|
||
Provided that nothing in this clause shall apply to any Central Act in
|
||
force in the Union territory of Mizoram immediately before the
|
||
commencement of the Constitution (Fifty-third Amendment) Act, 1986;
|
||
(b) the Legislative Assembly of the State of Mizoram shall consist of
|
||
not less than forty members.
|
||
|
||
212
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
371H. Special provision with respect to the State of Arunachal
|
||
Pradesh.—Notwithstanding anything in this Constitution,—
|
||
(a) the Governor of Arunachal Pradesh shall have special
|
||
responsibility with respect to law and order in the State of Arunachal
|
||
Pradesh and in the discharge of his functions in relation thereto, the
|
||
Governor shall, after consulting the Council of Ministers, exercise his
|
||
individual judgment as to the action to be taken:
|
||
Provided that if any question arises whether any matter is or is not a
|
||
matter as respects which the Governor is under this clause required to act
|
||
in the exercise of his individual judgment, the decision of the Governor in
|
||
his discretion shall be final, and the validity of anything done by the
|
||
Governor shall not be called in question on the ground that he ought or
|
||
ought not to have acted in the exercise of his individual judgment:
|
||
Provided further that if the President on receipt of a report from
|
||
the Governor or otherwise is satisfied that it is no longer necessary for
|
||
the Governor to have special responsibility with respect to law and order
|
||
in the State of Arunachal Pradesh, he may by order direct that the
|
||
Governor shall cease to have such responsibility with effect from such
|
||
date as may be specified in the order;
|
||
(b) the Legislative Assembly of the State of Arunachal Pradesh
|
||
shall consist of not less than thirty members.
|
||
371-I. Special provision with respect to the State of Goa.—
|
||
Notwithstanding anything in this Constitution, the Legislative Assembly of the
|
||
State of Goa shall consist of not less than thirty members.
|
||
372. Continuance in force of existing laws and their adaptation.—(1)
|
||
Notwithstanding the repeal by this Constitution of the enactments referred to in
|
||
article 395 but subject to the other provisions of this Constitution, all the la
|
||
w in
|
||
force in the territory of India immediately before the commencement of this
|
||
Constitution shall continue in force therein until altered or repealed or amende
|
||
d
|
||
by a competent Legislature or other competent authority.
|
||
(2) For the purpose of bringing the provisions of any law in force in the
|
||
territory of India into accord with the provisions of this Constitution, the
|
||
President may by order make such adaptations and modifications of such law,
|
||
whether by way of repeal or amendment, as may be necessary or expedient, and
|
||
provide that the law shall, as from such date as may be specified in the order,
|
||
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.
|
||
|
||
213
|
||
|
||
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 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
|
||
the President under the said clause.
|
||
Explanation I.—The expression “law in force” in this article shall
|
||
include a law passed or made by a Legislature or other competent authority in
|
||
the territory of India before the commencement of this Constitution and not
|
||
previously repealed, notwithstanding that it or parts of it may not be then in
|
||
operation either at all or in particular areas.
|
||
Explanation II.—Any law passed or made by a Legislature or other
|
||
competent authority in the territory of India which immediately before the
|
||
commencement of this Constitution had extra-territorial effect as well as effect
|
||
in the territory of India shall, subject to any such adaptations and modificatio
|
||
ns
|
||
as aforesaid, continue to have such extra-territorial effect.
|
||
Explanation III.—Nothing in this article shall be construed as continuing
|
||
any temporary law in force beyond the date fixed for its expiration or the date
|
||
on which it would have expired if this Constitution had not come into force.
|
||
Explanation IV.—An Ordinance promulgated by the Governor of a
|
||
Province under section 88 of the Government of India Act, 1935, and in force
|
||
immediately before the commencement of this Constitution shall, unless
|
||
withdrawn by the Governor of the corresponding State earlier, cease to operate
|
||
at the expiration of six weeks from the first meeting after such commencement
|
||
of the Legislative Assembly of that State functioning under clause (1) of articl
|
||
e
|
||
382, and nothing in this article shall be construed as continuing any such
|
||
Ordinance in force beyond the said period.
|
||
372A. Power of the President to adapt laws.—(1) For the purposes of
|
||
bringing the provisions of any law in force in India or in any part thereof,
|
||
immediately before the commencement of the Constitution (Seventh
|
||
Amendment) Act, 1956, into accord with the provisions of this Constitution as
|
||
amended by that Act, the President may by order made before the first day of
|
||
November, 1957, make such adaptations and modifications of the law, whether
|
||
by way of repeal or amendment, as may be necessary or expedient, and provide
|
||
that the law shall, as from such date as may be specified in the order, 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.
|
||
|
||
214
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(2) Nothing in clause (1) shall be deemed to prevent a competent
|
||
Legislature or other competent authority from repealing or amending any law
|
||
adapted or modified by the President under the said clause.
|
||
373. Power of President to make order in respect of persons under
|
||
preventive detention in certain cases.—Until provision is made by Parliament
|
||
under clause (7) of article 22, or until the expiration of one year from the
|
||
commencement of this Constitution, whichever is earlier, the said article shall
|
||
have effect as if for any reference to Parliament in clauses (4) and (7) thereof
|
||
there were substituted a reference to the President and for any reference to any
|
||
law made by Parliament in those clauses there were substituted a reference to
|
||
an order made by the President.
|
||
374. Provisions as to Judges of the Federal Court and proceedings
|
||
pending in the Federal Court or before His Majesty in Council.—(1) The
|
||
Judges of the Federal Court holding office immediately before the
|
||
commencement of this Constitution shall, unless they have elected otherwise,
|
||
become on such commencement the Judges of the Supreme Court and shall
|
||
thereupon be entitled to such salaries and allowances and to such rights in
|
||
respect of leave of absence and pension as are provided for under article 125 in
|
||
respect of the Judges of the Supreme Court.
|
||
(2) All suits, appeals and proceedings, civil or criminal, pending in the
|
||
Federal Court at the commencement of this Constitution shall stand removed to
|
||
the Supreme Court, and the Supreme Court shall have jurisdiction to hear and
|
||
determine the same, and the judgments and orders of the Federal Court delivered
|
||
or made before the commencement of this Constitution shall have the same force
|
||
and effect as if they had been delivered or made by the Supreme Court.
|
||
(3) Nothing in this Constitution shall operate to invalidate the exercise of
|
||
jurisdiction by His Majesty in Council to dispose of appeals and petitions from,
|
||
or in respect of, any judgment, decree or order of any court within the territor
|
||
y
|
||
of India in so far as the exercise of such jurisdiction is authorised by law, an
|
||
d
|
||
any order of His Majesty in Council made on any such appeal or petition after
|
||
the commencement of this Constitution shall for all purposes have effect as if i
|
||
t
|
||
were an order or decree made by the Supreme Court in the exercise of the
|
||
jurisdiction conferred on such Court by this Constitution.
|
||
(4) On and from the commencement of this Constitution the jurisdiction of
|
||
the authority functioning as the Privy Council in a State specified in Part B of
|
||
the
|
||
First Schedule to entertain and dispose of appeals and petitions from or in resp
|
||
ect
|
||
of any judgment, decree or order of any court within that State shall cease, and
|
||
all
|
||
appeals and other proceedings pending before the said authority at such
|
||
commencement shall be transferred to, and disposed of by, the Supreme Court.
|
||
|
||
215
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(5) Further provision may be made by Parliament by law to give effect to
|
||
the provisions of this article.
|
||
375. Courts, authorities and officers to continue to function subject
|
||
to the provisions of the Constitution.—All courts of civil, criminal and
|
||
revenue jurisdiction, all authorities and all officers, judicial, executive and
|
||
ministerial, throughout the territory of India, shall continue to exercise their
|
||
respective functions subject to the provisions of this Constitution.
|
||
376. Provisions as to Judges of High Courts.—(1) Notwithstanding
|
||
anything in clause (2) of article 217, the Judges of a High Court in any
|
||
Province holding office immediately before the commencement of this
|
||
Constitution shall, unless they have elected otherwise, become on such
|
||
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. 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
|
||
otherwise, become on such commencement the Judges of the High Court in the
|
||
State so specified and shall, notwithstanding anything in clauses (1) and (2) of
|
||
article 217 but subject to the proviso to clause (1) of that article, continue t
|
||
o hold
|
||
office until the expiration of such period as the President may by order determi
|
||
ne.
|
||
(3) In this article, the expression “Judge” does not include an acting Judge
|
||
or an additional Judge.
|
||
377. Provisions as to Comptroller and Auditor-General of India.—The
|
||
Auditor-General of India holding office immediately before the commencement of
|
||
this Constitution shall, unless he has elected otherwise, become on such
|
||
commencement the Comptroller and Auditor-General of India and shall thereupon
|
||
be entitled to such salaries and to such rights in respect of leave of absence a
|
||
nd
|
||
pension as are provided for under clause (3) of article 148 in respect of the
|
||
Comptroller and Auditor-General of India and be entitled to continue to hold off
|
||
ice
|
||
until the expiration of his term of office as determined under the provisions wh
|
||
ich
|
||
were applicable to him immediately before such commencement.
|
||
|
||
216
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
378. Provisions as to Public Service Commissions.—(1) The members
|
||
of the Public Service Commission for the Dominion of India holding office
|
||
immediately before the commencement of this Constitution shall, unless they
|
||
have elected otherwise, become on such commencement the members of the
|
||
Public Service Commission for the Union and shall, notwithstanding anything in
|
||
clauses (1) and (2) of article 316 but subject to the proviso to clause (2) of t
|
||
hat
|
||
article, continue to hold office until the expiration of their term of office as
|
||
determined under the rules which were applicable immediately before such
|
||
commencement to such members.
|
||
(2) The Members of a Public Service Commission of a Province or of a
|
||
Public Service Commission serving the needs of a group of Provinces holding
|
||
office immediately before the commencement of this Constitution shall, unless th
|
||
ey
|
||
have elected otherwise, become on such commencement the members of the Public
|
||
Service Commission for the corresponding State or the members of the Joint State
|
||
Public Service Commission serving the needs of the corresponding States, as the
|
||
case may be, and shall, notwithstanding anything in clauses (1) and (2) of artic
|
||
le
|
||
316 but subject to the proviso to clause (2) of that article, continue to hold o
|
||
ffice
|
||
until the expiration of their term of office as determined under the rules which
|
||
were
|
||
applicable immediately before such commencement to such members.
|
||
378A. Special provision as to duration of Andhra Pradesh Legislative
|
||
Assembly.—Notwithstanding anything contained in article 172, the Legislative
|
||
Assembly of the State of Andhra Pradesh as constituted under the provisions of
|
||
sections 28 and 29 of the States Reorganisation Act, 1956, shall, unless sooner
|
||
dissolved, continue for a period of five years from the date referred to in the
|
||
said
|
||
section 29 and no longer and the expiration of the said period shall operate as
|
||
a
|
||
dissolution of that Legislative Assembly.
|
||
379.—391. Rep. by the Constitution (Seventh Amendment) Act, 1956, s.
|
||
29 and Sch.
|
||
392. Power of the President to remove difficulties.—(1) The President
|
||
may, for the purpose of removing any difficulties, particularly in relation to t
|
||
he
|
||
transition from the provisions of the Government of India Act, 1935, to the
|
||
provisions of this Constitution, by order direct that this Constitution shall,
|
||
during such period as may be specified in the order, have effect subject to such
|
||
adaptations, whether by way of modification, addition or omission, as he may
|
||
deem to be necessary or expedient:
|
||
Provided that no such order shall be made after the first meeting of
|
||
Parliament duly constituted under Chapter II of Part V.
|
||
(2) Every order made under clause (1) shall be laid before Parliament.
|
||
(3) The powers conferred on the President by this article, by article 324, by
|
||
clause (3) of article 367 and by article 391 shall, before the commencement of t
|
||
his
|
||
Constitution, be exercisable by the Governor-General of the Dominion of India.
|
||
|
||
|