mirror of
https://github.com/captn3m0/constitution.git
synced 2024-09-21 00:57:13 +00:00
497 lines
26 KiB
Plaintext
497 lines
26 KiB
Plaintext
PART XXI
|
||
TEMPORARY, TRANSITIONAL AND
|
||
SPECIAL PROVISIONS
|
||
369. Temporary power to Parliament to make laws with respect to
|
||
certain matters in the State List as if they were matters in the Concurrent
|
||
List.—Notwithstanding anything in this Constitution, Parliament shall, during
|
||
a period of five years from the commencement of this Constitution, have power
|
||
to make laws with respect to the following matters as if they were enumerated
|
||
in the Concurrent List, namely:—
|
||
(a) trade and commerce within a State in, and the production, supply
|
||
and distribution of, cotton and woollen textiles, raw cotton (including
|
||
ginned cotton and unginned cotton or kapas), cotton seed, paper
|
||
(including newsprint), food-stuffs (including edible oilseeds and oil),
|
||
cattle fodder (including oil-cakes and other concentrates), coal
|
||
(including coke and derivatives of coal), iron, steel and mica;
|
||
(b) offences against laws with respect to any of the matters
|
||
mentioned in clause (a), jurisdiction and powers of all courts except the
|
||
Supreme Court with respect to any of those matters, and fees in respect
|
||
of any of those matters but not including fees taken in any court;
|
||
but any law made by Parliament, which Parliament would not but for the
|
||
provisions of this article have been competent to make, shall, to the extent of
|
||
the
|
||
incompetency, cease to have effect on the expiration of the said period, except
|
||
as
|
||
respects things done or omitted to be done before the expiration thereof.
|
||
1
|
||
[370. Temporary provisions with respect to the State of Jammu
|
||
and Kashmir.—(1) Notwithstanding anything in this Constitution,—
|
||
(a) the provisions of article 238 shall not apply in relation to the State
|
||
of Jammu and Kashmir;
|
||
|
||
______________________________________________
|
||
1 In exercise of the powers conferred by this article the President, on the reco
|
||
mmendation of the
|
||
Constituent Assembly of the State of Jammu and Kashmir, declared that, as from t
|
||
he 17th day of
|
||
November, 1952, the said art. 370 shall be operative with the modification that
|
||
for the Explanation
|
||
in cl. (1) thereof, the following Explanation is substituted, namely:“Explanat
|
||
ion – For the purposes of this article, the Government of the State means the
|
||
person
|
||
for the time being recognised by the President on the recommendation of the Legi
|
||
slative
|
||
Assembly of the State as the *Sadar-I Riyasat of Jammu and Kashmir, acting on th
|
||
e advice of the
|
||
Council of Ministers of the State for the time being in office.”.
|
||
(Ministry of Law Order No. C.O. 44, dated the 15th November, 1952).
|
||
*Now “Governor”.
|
||
|
||
199
|
||
|
||
200
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(b) the power of Parliament to make laws for the said State shall be
|
||
limited to—
|
||
(i) those matters in the Union List and the Concurrent List
|
||
which, in consultation with the Government of the State, are
|
||
declared by the President to correspond to matters specified in the
|
||
Instrument of Accession governing the accession of the State to the
|
||
Dominion of India as the matters with respect to which the
|
||
Dominion Legislature may make laws for that State; and
|
||
(ii) such other matters in the said Lists as, with the concurrence
|
||
of the Government of the State, the President may by order specify.
|
||
Explanation.—For the purposes of
|
||
this article, the
|
||
Government of the State means the person for the time being recognised
|
||
by the President as the Maharaja of Jammu and Kashmir acting on the
|
||
advice of the Council of Ministers for the time being in office under the
|
||
Maharaja’s Proclamation dated the fifth day of March, 1948;
|
||
(c) the provisions of article 1 and of this article shall apply in relation
|
||
to that State;
|
||
(d) such of the other provisions of this Constitution shall apply in
|
||
relation to that State subject to such exceptions and modifications as the
|
||
President may by order specify:
|
||
Provided that no such order which relates to the matters specified in the
|
||
Instrument of Accession of the State referred to in paragraph (i) of sub-clause
|
||
(b) shall be issued except in consultation with the Government of the State:
|
||
Provided further that no such order which relates to matters other than
|
||
those referred to in the last preceding proviso shall be issued except with the
|
||
concurrence of that Government.
|
||
(2) If the concurrence of the Government of the State referred to in
|
||
paragraph (ii) of sub-clause (b) of clause (1) or in the second proviso to subcl
|
||
ause (d) of that clause be given before the Constituent Assembly for the
|
||
purpose of framing the Constitution of the State is convened, it shall be placed
|
||
before such Assembly for such decision as it may take thereon.
|
||
(3) Notwithstanding anything in the foregoing provisions of this article,
|
||
the President may, by public notification, declare that this article shall cease
|
||
to
|
||
be operative or shall be operative only with such exceptions and modifications
|
||
and from such date as he may specify:
|
||
|
||
201
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
Provided that the recommendation of the Constituent Assembly of the
|
||
State referred to in clause (2) shall be necessary before the President issues
|
||
such a notification.
|
||
371. Special provision with respect to the States of Maharashtra and
|
||
Gujarat.— *
|
||
*
|
||
*
|
||
*
|
||
*
|
||
(2) Notwithstanding anything in this Constitution, the President may by
|
||
order made with respect to the State of Maharashtra or Gujarat, provide for any
|
||
special responsibility of the Governor for—
|
||
(a) the establishment of separate development boards for Vidarbha,
|
||
Marathwada, and the rest of Maharashtra or, as the case may be,
|
||
Saurashtra, Kutch and the rest of Gujarat with the provision that a report
|
||
on the working of each of these boards will be placed each year before
|
||
the State Legislative Assembly;
|
||
(b) the equitable allocation of funds for developmental expenditure
|
||
over the said areas, subject to the requirements of the State as a whole;
|
||
and
|
||
(c) an equitable arrangement providing adequate facilities for
|
||
technical education and vocational training, and adequate opportunities
|
||
for employment in services under the control of the State Government, in
|
||
respect of all the said areas, subject to the requirements of the State as a
|
||
whole.
|
||
371A. Special provision with respect to the State of Nagaland.—(1)
|
||
Notwithstanding anything in this Constitution,—
|
||
(a) no Act of Parliament in respect of—
|
||
(i) religious or social practices of the Nagas,
|
||
(ii) Naga customary law and procedure,
|
||
(iii) administration of civil and criminal justice involving
|
||
decisions according to Naga customary law,
|
||
(iv) ownership and transfer of land and its resources,
|
||
shall apply to the State of Nagaland unless the Legislative Assembly of
|
||
Nagaland by a resolution so decides;
|
||
(b) the Governor of Nagaland shall have special responsibility with
|
||
respect to law and order in the State of Nagaland for so long as in his
|
||
opinion internal disturbances occurring in the Naga Hills-Tuensang Area
|
||
immediately before the formation of that State continue therein or in any
|
||
part thereof 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:
|
||
|
||
202
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
Provided that if any question arises whether any matter is or is
|
||
not a matter as respects which the Governor is under this sub-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 Nagaland, 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;
|
||
(c) in making his recommendation with respect to any demand for a
|
||
grant, the Governor of Nagaland shall ensure that any money provided
|
||
by the Government of India out of the Consolidated Fund of India for
|
||
any specific service or purpose is included in the demand for a grant
|
||
relating to that service or purpose and not in any other demand;
|
||
(d) as from such date as the Governor of Nagaland may by public
|
||
notification in this behalf specify, there shall be established a regional
|
||
council for the Tuensang district consisting of thirty-five members and
|
||
the Governor shall in his discretion make rules providing for—
|
||
(i) the composition of the regional council and the manner in
|
||
which the members of the regional council shall be chosen:
|
||
Provided that the Deputy Commissioner of the Tuensang
|
||
district shall be the Chairman ex officio of the regional council and
|
||
the Vice-Chairman of the regional council shall be elected by the
|
||
members thereof from amongst themselves;
|
||
(ii) the qualifications for being chosen as, and for being,
|
||
members of the regional council;
|
||
(iii) the term of office of, and the salaries and allowances, if any,
|
||
to be paid to members of, the regional council;
|
||
(iv) the procedure and conduct of business of the regional council;
|
||
|
||
203
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(v) the appointment of officers and staff of the regional council
|
||
and their conditions of services; and
|
||
(vi) any other matter in respect of which it is necessary to make
|
||
rules for the constitution and proper functioning of the regional council.
|
||
(2) Notwithstanding anything in this Constitution, for a period of ten
|
||
years from the date of the formation of the State of Nagaland or for such furthe
|
||
r
|
||
period as the Governor may, on the recommendation of the regional council, by
|
||
public notification specify in this behalf,—
|
||
(a) the administration of the Tuensang district shall be carried on by
|
||
the Governor;
|
||
(b) where any money is provided by the Government of India to the
|
||
Government of Nagaland to meet the requirements of the State of
|
||
Nagaland as a whole, the Governor shall in his discretion arrange for an
|
||
equitable allocation of that money between the Tuensang district and the
|
||
rest of the State;
|
||
(c) no Act of the Legislature of Nagaland shall apply to Tuensang
|
||
district unless the Governor, on the recommendation of the regional
|
||
council, by public notification so directs and the Governor in giving such
|
||
direction with respect to any such Act may direct that the Act shall in its
|
||
application to the Tuensang district or any part thereof have effect
|
||
subject to such exceptions or modifications as the Governor may specify
|
||
on the recommendation of the regional council:
|
||
Provided that any direction given under this sub-clause may be
|
||
given so as to have retrospective effect;
|
||
(d) the Governor may make regulations for the peace, progress and good
|
||
government of the Tuensang district and any regulations so made may repeal
|
||
or amend with retrospective effect, if necessary, any Act of Parliament or any
|
||
other law which is for the time being applicable to that district;
|
||
(e) (i) one of the members representing the Tuensang district in the
|
||
Legislative Assembly of Nagaland shall be appointed Minister for
|
||
Tuensang affairs by the Governor on the advice of the Chief Minister
|
||
and the Chief Minister in tendering his advice shall act on the
|
||
recommendation of the majority of the members as aforesaid ;
|
||
(ii) the Minister for Tuensang affairs shall deal with, and have
|
||
direct access to the Governor on, all matters relating to the Tuensang
|
||
district but he shall keep the Chief Minister informed about the same;
|
||
|
||
204
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(f) notwithstanding anything in the foregoing provisions of this
|
||
clause, the final decision on all matters relating to the Tuensang district
|
||
shall be made by the Governor in his discretion;
|
||
(g) in articles 54 and 55 and clause (4) of article 80, references to the
|
||
elected members of the Legislative Assembly of a State or to each such
|
||
member shall include references to the members or member of the
|
||
Legislative Assembly of Nagaland elected by the regional council
|
||
established under this article;
|
||
(h) in article 170—
|
||
(i) clause (1) shall, in relation to the Legislative Assembly of
|
||
Nagaland, have effect as if for the word “sixty”, the word “fortysix” ha
|
||
d been substituted;
|
||
(ii) in the said clause, the reference to direct election from
|
||
territorial constituencies in the State shall include election by the
|
||
members of the regional council established under this article;
|
||
(iii) in clauses (2) and (3), references to territorial
|
||
constituencies shall mean references to territorial constituencies in
|
||
the Kohima and Mokokchung districts.
|
||
(3) 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 expiration of three
|
||
years from the date of the formation of the State of Nagaland.
|
||
Explanation..—In this article, the Kohima, Mokokchung and Tuensang
|
||
districts shall have the same meanings as in the State of Nagaland Act, 1962.
|
||
371B. Special provision with respect to the State of Assam.—
|
||
Notwithstanding anything in this Constitution, the President may, by order
|
||
made with respect to the State of Assam, provide for the constitution and
|
||
functions of a committee of the Legislative Assembly of the State consisting of
|
||
members of that Assembly elected from the tribal areas specified in Part I of
|
||
the table appended to paragraph 20 of the Sixth Schedule and such number of
|
||
other members of that Assembly as may be specified in the order and for the
|
||
modifications to be made in the rules of procedure of that Assembly for the
|
||
constitution and proper functioning of such committee.
|
||
|
||
205
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
371C. Special provision with respect to the State of Manipur.—(1)
|
||
Notwithstanding anything in this Constitution, the President may, by order made
|
||
with respect to the State of Manipur, provide for the constitution and functions
|
||
of
|
||
a committee of the Legislative Assembly of the State consisting of members of
|
||
that Assembly elected from the Hill Areas of that State, for the modifications t
|
||
o
|
||
be made in the rules of business of the Government and in the rules of procedure
|
||
of the Legislative Assembly of the State and for any special responsibility of t
|
||
he
|
||
Governor in order to secure the proper functioning of such committee.
|
||
(2) The Governor shall annually, or whenever so required by the President,
|
||
make a report to the President regarding the administration of the Hill Areas in
|
||
the State of Manipur and the executive power of the Union shall extend to the
|
||
giving of directions to the State as to the administration of the said areas.
|
||
Explanation.—In this article, the expression “Hill Areas” means such
|
||
areas as the President may, by order, declare to be Hill areas.
|
||
|
||
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.
|
||
|
||
|