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343 lines
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PART XXI
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TEMPORARY AND TRANSITIONAL 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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205
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THE CONSTITUTION OF INDIA
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372. Continuance in force of existing laws and their adaptation.—(1)
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Notwithstanding the repeal by this Constitution of the enactments referred to in
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article 395 but subject to the other provisions of this Constitution, all the la
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w in
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force in the territory of India immediately before the commencement of this
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Constitution shall continue in force therein until altered or repealed or amende
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d
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by a competent Legislature or other competent authority.
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(2) For the purpose of bringing the provisions of any law in force in the
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territory of India into accord with the provisions of this Constitution, the
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President may by order make such adaptations and modifications of such law,
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whether by way of repeal or amendment, as may be necessary or expedient, and
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provide that the law shall, as from such date as may be specified in the order,
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have effect subject to the adaptations and modifications so made, and any such
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adaptation or modification shall not be questioned in any court of law.
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213
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THE CONSTITUTION OF INDIA
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(3) Nothing in clause (2) shall be deemed—
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(a) to empower the President to make any adaptation or
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modification of any law after the expiration of three years from the
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commencement of this Constitution; or
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(b) to prevent any competent Legislature or other competent
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authority from repealing or amending any law adapted or modified by
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the President under the said clause.
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Explanation I.—The expression “law in force” in this article shall
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include a law passed or made by a Legislature or other competent authority in
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the territory of India before the commencement of this Constitution and not
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previously repealed, notwithstanding that it or parts of it may not be then in
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operation either at all or in particular areas.
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Explanation II.—Any law passed or made by a Legislature or other
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competent authority in the territory of India which immediately before the
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commencement of this Constitution had extra-territorial effect as well as effect
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in the territory of India shall, subject to any such adaptations and modificatio
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ns
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as aforesaid, continue to have such extra-territorial effect.
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Explanation III.—Nothing in this article shall be construed as continuing
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any temporary law in force beyond the date fixed for its expiration or the date
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on which it would have expired if this Constitution had not come into force.
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Explanation IV.—An Ordinance promulgated by the Governor of a
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Province under section 88 of the Government of India Act, 1935, and in force
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immediately before the commencement of this Constitution shall, unless
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withdrawn by the Governor of the corresponding State earlier, cease to operate
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at the expiration of six weeks from the first meeting after such commencement
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of the Legislative Assembly of that State functioning under clause (1) of articl
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e
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382, and nothing in this article shall be construed as continuing any such
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Ordinance in force beyond the said period.
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372A. Power of the President to adapt laws.—(1) For the purposes of
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bringing the provisions of any law in force in India or in any part thereof,
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immediately before the commencement of the Constitution (Seventh
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Amendment) Act, 1956, into accord with the provisions of this Constitution as
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amended by that Act, the President may by order made before the first day of
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November, 1957, make such adaptations and modifications of the law, whether
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by way of repeal or amendment, as may be necessary or expedient, and provide
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that the law shall, as from such date as may be specified in the order, have
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effect subject to the adaptations and modifications so made, and any such
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adaptation or modification shall not be questioned in any court of law.
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214
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THE CONSTITUTION OF INDIA
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(2) Nothing in clause (1) shall be deemed to prevent a competent
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Legislature or other competent authority from repealing or amending any law
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adapted or modified by the President under the said clause.
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373. Power of President to make order in respect of persons under
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preventive detention in certain cases.—Until provision is made by Parliament
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under clause (7) of article 22, or until the expiration of one year from the
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commencement of this Constitution, whichever is earlier, the said article shall
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have effect as if for any reference to Parliament in clauses (4) and (7) thereof
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there were substituted a reference to the President and for any reference to any
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law made by Parliament in those clauses there were substituted a reference to
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an order made by the President.
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374. Provisions as to Judges of the Federal Court and proceedings
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pending in the Federal Court or before His Majesty in Council.—(1) The
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Judges of the Federal Court holding office immediately before the
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commencement of this Constitution shall, unless they have elected otherwise,
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become on such commencement the Judges of the Supreme Court and shall
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thereupon be entitled to such salaries and allowances and to such rights in
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respect of leave of absence and pension as are provided for under article 125 in
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respect of the Judges of the Supreme Court.
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(2) All suits, appeals and proceedings, civil or criminal, pending in the
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Federal Court at the commencement of this Constitution shall stand removed to
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the Supreme Court, and the Supreme Court shall have jurisdiction to hear and
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determine the same, and the judgments and orders of the Federal Court delivered
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or made before the commencement of this Constitution shall have the same force
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and effect as if they had been delivered or made by the Supreme Court.
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(3) Nothing in this Constitution shall operate to invalidate the exercise of
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jurisdiction by His Majesty in Council to dispose of appeals and petitions from,
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or in respect of, any judgment, decree or order of any court within the territor
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y
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of India in so far as the exercise of such jurisdiction is authorised by law, an
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d
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any order of His Majesty in Council made on any such appeal or petition after
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the commencement of this Constitution shall for all purposes have effect as if i
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t
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were an order or decree made by the Supreme Court in the exercise of the
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jurisdiction conferred on such Court by this Constitution.
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(4) On and from the commencement of this Constitution the jurisdiction of
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the authority functioning as the Privy Council in a State specified in Part B of
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the
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First Schedule to entertain and dispose of appeals and petitions from or in resp
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ect
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of any judgment, decree or order of any court within that State shall cease, and
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all
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appeals and other proceedings pending before the said authority at such
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commencement shall be transferred to, and disposed of by, the Supreme Court.
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215
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THE CONSTITUTION OF INDIA
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(5) Further provision may be made by Parliament by law to give effect to
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the provisions of this article.
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375. Courts, authorities and officers to continue to function subject
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to the provisions of the Constitution.—All courts of civil, criminal and
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revenue jurisdiction, all authorities and all officers, judicial, executive and
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ministerial, throughout the territory of India, shall continue to exercise their
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respective functions subject to the provisions of this Constitution.
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376. Provisions as to Judges of High Courts.—(1) Notwithstanding
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anything in clause (2) of article 217, the Judges of a High Court in any
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Province holding office immediately before the commencement of this
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Constitution shall, unless they have elected otherwise, become on such
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commencement the Judges of the High Court in the corresponding State, and
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shall thereupon be entitled to such salaries and allowances and to such rights i
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n
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respect of leave of absence and pension as are provided for under article 221 in
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respect of the Judges of such High Court. Any such Judge shall,
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notwithstanding that he is not a citizen of India, be eligible for appointment a
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s
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Chief Justice of such High Court, or as Chief Justice or other Judge of any
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other High Court.
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(2) The Judges of a High Court in any Indian State corresponding to any
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State specified in Part B of the First Schedule holding office immediately
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before the commencement of this Constitution shall, unless they have elected
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otherwise, become on such commencement the Judges of the High Court in the
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State so specified and shall, notwithstanding anything in clauses (1) and (2) of
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article 217 but subject to the proviso to clause (1) of that article, continue t
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o hold
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office until the expiration of such period as the President may by order determi
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ne.
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(3) In this article, the expression “Judge” does not include an acting Judge
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or an additional Judge.
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377. Provisions as to Comptroller and Auditor-General of India.—The
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Auditor-General of India holding office immediately before the commencement of
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this Constitution shall, unless he has elected otherwise, become on such
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commencement the Comptroller and Auditor-General of India and shall thereupon
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be entitled to such salaries and to such rights in respect of leave of absence a
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nd
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pension as are provided for under clause (3) of article 148 in respect of the
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Comptroller and Auditor-General of India and be entitled to continue to hold off
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ice
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until the expiration of his term of office as determined under the provisions wh
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ich
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were applicable to him immediately before such commencement.
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216
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THE CONSTITUTION OF INDIA
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378. Provisions as to Public Service Commissions.—(1) The members
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of the Public Service Commission for the Dominion of India holding office
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immediately before the commencement of this Constitution shall, unless they
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have elected otherwise, become on such commencement the members of the
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Public Service Commission for the Union and shall, notwithstanding anything in
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clauses (1) and (2) of article 316 but subject to the proviso to clause (2) of t
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hat
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article, continue to hold office until the expiration of their term of office as
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determined under the rules which were applicable immediately before such
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commencement to such members.
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(2) The Members of a Public Service Commission of a Province or of a
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Public Service Commission serving the needs of a group of Provinces holding
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office immediately before the commencement of this Constitution shall, unless th
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ey
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have elected otherwise, become on such commencement the members of the Public
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Service Commission for the corresponding State or the members of the Joint State
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Public Service Commission serving the needs of the corresponding States, as the
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case may be, and shall, notwithstanding anything in clauses (1) and (2) of artic
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le
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316 but subject to the proviso to clause (2) of that article, continue to hold o
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ffice
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until the expiration of their term of office as determined under the rules which
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were
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applicable immediately before such commencement to such members.
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378A. Special provision as to duration of Andhra Pradesh Legislative
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Assembly.—Notwithstanding anything contained in article 172, the Legislative
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Assembly of the State of Andhra Pradesh as constituted under the provisions of
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sections 28 and 29 of the States Reorganisation Act, 1956, shall, unless sooner
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dissolved, continue for a period of five years from the date referred to in the
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said
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section 29 and no longer and the expiration of the said period shall operate as
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a
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dissolution of that Legislative Assembly.
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379.—391. Rep. by the Constitution (Seventh Amendment) Act, 1956, s.
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29 and Sch.
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392. Power of the President to remove difficulties.—(1) The President
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may, for the purpose of removing any difficulties, particularly in relation to t
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he
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transition from the provisions of the Government of India Act, 1935, to the
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provisions of this Constitution, by order direct that this Constitution shall,
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during such period as may be specified in the order, have effect subject to such
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adaptations, whether by way of modification, addition or omission, as he may
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deem to be necessary or expedient:
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Provided that no such order shall be made after the first meeting of
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Parliament duly constituted under Chapter II of Part V.
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(2) Every order made under clause (1) shall be laid before Parliament.
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(3) The powers conferred on the President by this article, by article 324, by
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clause (3) of article 367 and by article 391 shall, before the commencement of t
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his
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Constitution, be exercisable by the Governor-General of the Dominion of India.
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