AMENDMENT OF THE CONSTITUTION
Article 368 - Power of Parliament to amend the Constitution and procedure therefore
368.
1 [Power of Parliament to amend the Constitution and procedure
therefore]
2 [(1) Notwithstanding anything
in this Constitution, Parliament may in exercise of its constituent power amend
by way of addition, variation or repeal any provision of this Constitution in
accordance with the procedure laid down in this Article.]
3 [(2)] An amendment of this
Constitution may be initiated only by the introduction of a Bill for the
purpose in either House of Parliament, and when the Bill is passed in each
House by a majority of the total membership of that House and by a majority of
not less than two-thirds of the members of that House present and voting, 4
[it shall be presented to the President who shall give his assent to the Bill
and thereupon] the Constitution shall stand amended in accordance with the
terms of the Bill:
Provided that if such amendment seeks to
make any change in--
(a) Article 54, Article 55, Article 73, Article
162 or Article 241, or
(b) Chapter IV of Part V, Chapter V of Part
VI, or Chapter I of Part XI, or
(c) any of the Lists in the Seventh
Schedule, or
(d) the representation of States in
Parliament, or
(e) the provisions of this Article.
the amendment shall also require to be
ratified by the Legislatures of not less than one-half of the States 5
[***] by resolution to that effect passed by those Legislatures before the Bill
making provision for such amendment is presented to the President for assent.
2 [(3) Nothing in Article 13
shall apply to any amendment made under this Article.]
6 [(4) No amendment of
this Constitution (including the provisions of Part III) made or purporting to
have been made under this Article [whether before or after the commencement of
section 55 of the Constitution (Forty-second Amendment) Act, 1976] shall be
called in question in any court on any ground.
(5) For the removal of doubts, it
is hereby declared that there shall be no limitation whatever on the
constituent power of Parliament to amend by way of addition, variation or
repeal the provisions of this Constitution under this Article.]
1. Substituted by the Constitution (Twenty-fourth
Amendment) Act, 1971, section 3, for "Procedure for amendment of the
Constitution".
2.Inserted by the Constitution (Twenty-fourth Amendment)
Act, 1971, section 3.
3.Article 368 renumbered as clause (2) thereof by the
Constitution (Twenty-fourth Amendment) Act, 1971, section 3.
4. Substituted by the Constitution (Twenty-fourth
Amendment) Act, 1971, section 3, for certain words.
5.The words and letters "specified in Parts A and B
of the First Schedule" omitted by the Constitution (Seventh Amendment)
Act, 1956, section 29 and Schedule.
6. Clauses (4)
and (5) inserted by the Constitution (Forty-second Amendment) Act, 1976,
section 55.
Part 21 - TEMPORARY, TRANSITIONAL AND
SPECIAL PROVISIONS
PART XXI
1 [TEMPORARY, TRANSITIONAL AND SPECIAL
PROVISIONS]
1.
Substituted by
the Constitution (Thirteenth Amendment) Act, 1962, section 2, for
"TEMPORARY AND TRANSITIONAL PROVISIONS" (w.e.f. 1-12-1963).
Article
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), foodstuffs (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 in competency, 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.
Article
370 - Temporary provisions with respect to the State of Jammu and Kashmir
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
(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 order2 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 sub-clause (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:
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.
1.In exercise of the powers, conferred by this Article
the President, on the recommendation of the Constituent Assembly of the State
of Jammu and Kashmir, declared that, as from the 17th day of November, 1952,
the said Article 370 shall be operative with the modification that for the
Explanation in clause (1) thereof, the following Explanation is substituted
namely:-
"Explanation-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 Legislative
Assembly of the State as the "Sadar-i-Rayasat of Jammu and Kashmir, acting
on the advice of the Council of Ministers of the State for the time being in
office."
2.
See the Constitution (Application to Jammu and Kashmir) Order, 1954, (C.O. 48),
as amended from time to time in Appendix I.
Article
371 - Special provision with respect to the States of Maharashtra and Gujarat
1[ 371 . Special provision with respect to the
States of2[***] Maharashtra and Gujarat
3[***]
( 2 ) Notwithstanding anything in this Constitution, the
President may by order made with respect to4[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,5[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 rest 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 service under the control of the
State Government, in respect of all the said areas, subject to the requirements
of the State as a whole.]
1. Substituted by the Constitution (Seventh Amendment)
Act, 1956, section 22, for Article 371.
2. The words "Andhra Pradesh," omitted by the
Constitution (Thirty-second Amendment) Act, 1973, section 2 (w.e.f. 1-7-1974).
3. Clause (1) omitted by the Constitution (Thirty-second
Amendment) Act, 1973, section 2 (w.e.f. 1-7-1974).
4. Substituted by the Bombay Reorganisation Act, 1960
(11 of 1960), section 85, for "the State of Bombay" (w.e.f.
1-5-1960).
5. Substituted
by the Bombay Reorganisation Act, 1960 (11 of 1960), section 85, for "the
rest of Maharashtra " (w.e.f. 1-5-1960).
Article
371A - Special provision with respect to the State of Nagaland
1
[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
(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:
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;
(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
(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
the 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;2
(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;
(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
words "forty-six" had 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
1. Inserted by the Constitution (Thirteenth Amendment)
Act, 1962, section 2 (w.e.f. 1-12-1963).
2. Paragraph 2 of the Constitution (Removal of
Difficulties) Order, No. X provides (w.e.f. 1-12-1963) that Article 317A of the
Constitution of India shall have effect as if the following proviso were added
to paragraph (i) of sub-clause (e) of clause (2) thereof, namely-
"Provided
that the Governor may, on the advice of the Chief Minister, appoint any person
as Minister for Tuensang affairs to act as such until such time as persons are
chosen in accordance with law to fill the seats allocated to the Tuensang
district in the Legislative Assembly of Nagaland".
Article
371B - Special provision with respect to the State of Assam
1[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 2 [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.]
1. Inserted by the Constitution (Twenty-second
Amendment) Act, 1969, section 4 (w.e.f. 25-9-1979).
2.
Substituted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971),
section 71, for "Part A" (w.e.f. 21-1-1972).
Article
371C - Special provision with respect to the State of Manipur
1 [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 to be made in the rules of business of the
Government and in the rules of procedure of the Legislative Assembly of me
State and for any special responsibility of the 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.]
1. Inserted by the Constitution (Twenty-seventh
Amendment) Act, 1971, section 5 (w.e.f. 15-2-1972).
Article 371D - Special provisions with respect to the State of Andhra Pradesh
1
[371D. Special provisions with respect to the State of Andhra Pradesh
(1) The President may, by order made with respect to the
State of Andhra Pradesh, provide, having regard to the requirements of the
State as a whole, for equitable opportunities and facilities for the people
belonging to different parts of the State, in the matter of public employment
and in the matter of education, and different provisions may be made for
various parts of the State.
(2) An order made under clause (1) may, in particular,--
(a) require the State Government to organise any class or
classes of posts in a civil service of, or any class or classes of civil posts
under the State into different local cadres for different parts of the State
and allot in accordance with such principal and procedure as may be specified
in the order the persons holding such post to the local cadres so organised;
(b) specify any part or parts of the State which shall be
regarded as the local area--
(i) for direct recruitment to posts in any local cadre
(whether organised in pursuance of an order under this Article or constituted
otherwise) under the State Government;
(ii) for direct recruitment to posts in any cadre under any
local authority within the State; and
(iii) for the purposes of admission to any University
within the State or to any other educational institution which is subject to
the control of the State Government;
(c) specify the extent to which, the manner in which and
the conditions subject to which, preference or reservation shall be given or
made-
(i) in the matter of direct recruitment to posts in any
such cadre referred to in sub-clause (b) as may be specified in this behalf in
the order;
(ii) in the matter of admission to any such University or
other educational institution referred to in sub-clause (b) as may be specified
in this behalf in the order, to or in favour of candidates who have resided or
studied for any period specified in the order in the local area in respect of
such cadre, University or other educational institution, as the case may be.
(3) The President may, by order, provide for the
constitution of an Administrative Tribunal for the State of Andhra Pradesh to
exercise such jurisdiction, powers and authority including any jurisdiction,
power and authority which immediately before the commencement of the
Constitution (Thirty-second Amendment) Act, 1973, was exercisable by any court
(other than the Supreme Court) or by any tribunal or other authority as may be
specified in the order with respect to the following matters, namely:-
(a) appointment, allotment or promotion to such class or
classes of posts in any civil service of the State, or to such class or classes
of civil posts under the State, or to such class or classes of posts under the
control of any local authority within the State, as may be specified in the
order;
(b) seniority of persons appointed, allotted or promoted to
such class or classes of posts in any civil service of the State, or to such
class or classes of civil posts under the State, or to such class or classes of
posts under the control of any local authority within the State, as may be
specified in the order;
(c) such other conditions of service of persons appointed,
allotted or promoted to such class or classes of civil posts in any civil service
of the State, or to such class or classes of civil posts under the State or to
such class or classes of posts under the control of any local authority within
the State, as may be specified in the order.
(4) An order made under clause (3) may--
(a) authorise the Administrative Tribunal to receive
representations for the redress of grievances relating to any matter within its
jurisdiction as the President may specify in the order and to make such orders
thereon as the Administrative Tribunal deems fit;
(b) contain such provisions with respect to the powers and
authorities and procedure of the Administrative Tribunal (including provisions
with respect to the powers of the Administrative Tribunal to punish for
contempt of itself) as the President may deem necessary;
(c) provide for the transfer of the Administrative Tribunal
of such classes of proceedings, being proceedings relating to matters within
its jurisdiction and pending before any court (other than the Supreme Court) or
tribunal or other authority immediately before the commencement of such order,
as may be specified in the order;
(d) contain such supplemental, incidental and consequential
provisions (including provisions as to fees and as to limitation, evidence or
for the application of any law for the time being in force subject to any
exceptions or modifications) as the President may deem necessary.
(5) The order of the Administrative Tribunal finally
disposing of any case shall become effective upon its confirmation by the State
Government or on the expiry of three months from the date on which the order is
made, whichever is earlier:
Provided that the State Government may, by special order
made in writing and for reasons to be specified therein, modify or annul any
order of the Administrative Tribunal before it becomes effective and in such a
case, the order of the Administrative Tribunal shall have effect only in such
modified form or be of no effect, as the case may be.
(6) Every special order made by the State Government under
the proviso to clause (5) shall be laid, as soon as may be after it is made,
before both Houses of the State Legislature.
(7) The High Court for the State shall not have any powers
of superintendence over the Administrative Tribunal and no court (other than
the Supreme Court) or tribunal shall exercise any jurisdiction, power or
authority in respect of any matter subject to the jurisdiction, power or
authority of, or in relation to, the Administrative Tribunal.
(8) If the President is satisfied that the continued existence
of the Administrative Tribunal is not necessary, the President may by order
abolish the Administrative Tribunal and make such provisions in such order as
he may deem fit for the transfer and disposal of cases pending before the
Tribunal immediately before such abolition.
(9) Notwithstanding any judgment, decree or order of any
court, tribunal or other authority,--
(a) no appointment, posting, promotion or transfer of any
person--
(i) made before the 1st day of November, 1956, to any post
under the Government of, or any local authority within, the State of Hyderabad
as it existed before that date; or
(ii) made before the commencement of the Constitution
(Thirty-second Amendment) Act, 1973, to any post under the Government of, or
any local or other authority within, the State of Andhra Pradesh; and
(b) no action taken or thing done by or before any person
referred to in sub-clause (a), shall be deemed to be illegal or void or ever to
have become illegal or void merely on the ground that the appointment, posting,
promotion or transfer of such person was not made in accordance with any law,
then in force, providing for any requirement as to residence within the State
of Hyderabad or, as the case may be, within any part of the State of Andhra
Pradesh, in respect of such appointment, posting, promotion or transfer.
(10) The provisions of this Article and of any order made
by the President thereunder shall have effect notwithstanding anything in any
other provision of this Constitution or in any other law for the time being in
force.]
1. Inserted by the Constitution (Thirty-second Amendment)
Act, 1973, section 3 (w.e.f. 1-7-1974).
Article
371E - Establishment of Central
University
1
[ 371E . Establishment of Central
University
Parliament may by law provide for the establishment of a
University in the State of Andhra
Pradesh
1. Inserted by the Constitution (Thrity-second Amendment)
Act, 1973, section 3 w.e.f. 1-7-1974.
Article 371F - Special provisions with respect to the State of Sikkim
1 [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;
(b) as from the date of commencement of the Constitution
(Thirty-sixth 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 2 [five years] in clause (1) of Article 172 shall be
construed as references to a period of 3 [four years] and the said
period of 3 [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 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 direction;
(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 civic, criminal and revenue jurisdiction,
all authorities and all officers, judicial, executive and ministerial, throughout
the territory of the State of Sikkim shall continue on and from the appointed
day to exercise their respective functions subject to the provision 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;
(o) if any difficulty arises in giving effect to any of the
foregoing provisions of this Article, the President may, by order4 ,
do anything (including any adaptation or modification of any other Article)
which appears to him to be necessary for the purpose of removing the
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, received 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.]
1. Inserted by the Constitution (Thirty-sixth Amendment)
Act, 1975, section 3( w.e.f. 26-4-1975.)
2. Substituted by the Constitution (Forty-fourth
Amendment) Act, 1978, section 43, for "six years" (w.e.f. 6-9-1979).
The words "six years" were substituted for the original words
"five years" by the Constitution (Forty-second Amendment) Act, 1976,
section 56 (w.e.f. 3-1-1977).
3. Substituted by the Constitution (Forty-fourth
Amendment) Act, 1978, section 43, for "five years" (w.e.f. 6-9-1979).
The words "five years" were substituted for the original words
"four years" by the Constitution (Forty-second Amendment) Act, 1976,
section 56 (w.e.f. 3-1-1977).
4.See the Constitution
(Removal of Difficulties) Order XI (C.O. 99).
Article 371G - Special provision with respect to the State of Mizoram
1[ 371G . Special provision with respect to the
State of Mizoram
Notwithstanding 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
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
1. Inserted by the Constitution (Fifty-third Amendment)
Act, 1986, section 2 (w.e.f. 20-2-1987).
Article
371H - Special provision with respect to the State of Arunachal Pradesh
1[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
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 hi s individual judgment, the decision of the
Governor in hi s 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 hi s 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
1. Inserted by the Constitution (Fifty-fifth Amendment)
Act, 1986, section 2 (w.e.f. 20-2-1987).
Article 371I - Special provision with respect to the State of Goa
1[ 371-I . Special provision with respect to
the State of Goa
Notwithstanding anything in this Constitution, the
Legislative Assembly of the State of Goa
1. Inserted by the Constitution (Fifty-sixth Amendment)
Act, 1987, section 2 (w.e.f. 30-5-1987).
Article
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 laws in force in the territory of India immediately before the commencement
of this Constitution shall continue in force therein until altered or repealed
or amended 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 order1make 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.
( 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 of2[three years] from
the commencement of this Constitutions; 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 no! 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
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 Article 382 , and nothing in this Article shall
be construed as continuing any such Ordinance in force beyond the said period.
1.See the Adaptation of Laws Order, 1950, dated 26th
January, 1950, Gazette of India, Extra., p. 449 as amended by Notification
S.R.O. 115, dated the 5th June, 1950, Gazette of India, Extra., Part II,
section 3, p. 51, Notification S.R.O. 870, dated the 4th November, 1950,
Gazette of India, Extra., Pt. II, section 3, p. 903, Notification S.R.O. 508,
dated the 4th April, 1951, Gazette of India, Extra., Pt. II, section 3, p. 287
Notification S.R.O. 1140 B, dated 2 nd July, 1952, Gazette of India, Extra.,
Pt. II, section 3, p. 661/I; and the Adaptation of the Travancore-Cochin Land
Acquisition Laws Order, 1952, dated the 20th November, 1952, Gazette of India,
Extra., Pt. II, section 3, p. 923.
2. Substituted
by the Constitution (First Amendment) Act, 1951, section 12, for "two
years".
Article 372A - Power of the President to adapt laws
1[ 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 order2made 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.
( 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.]
1. Inserted by the Constitution (Seventh Amendment) Act,
1956, section 23.
2. Seethe
Adaptation of Laws Orders of 1956 and 1957.
Article
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.
Article 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 territory of India in so far as the exercise of such
jurisdiction is authorised by law, and 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 it 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 respect 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.
(5) Further provision may be made by Parliament by law to
give effect to the provisions of this Article.
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
Article 376 - Provisions as to Judges of High Courts
( 1 )
Notwithstanding anything in clause ( 2 ) of Article 217 , the Judges of 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 in
respect of leave of absence and pension as are provided for under Article 221
in respect of the Judges of such High Court.1[Any such Judge shall,
notwithstanding that he is not a citizen of India, be eligible for appointment
as 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 to hold office until the expiration of such period as
the President may by order determine.
(3) In this Article, the expression 'Judge' does not
include an acting Judge or an additional Judge.
1. Added by the Constitution (First Amendment) Act, 1951,
section 13.
Article
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 and pension as are provided for under clause (3) or
Article 148 in respect of the Comptroller and Auditor-General of India and be
entitled to continue to hold office until the expiration of his term of office
as determined under the provisions which were applicable to him immediately
before such commencement.
Article 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 that 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 they 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 Article 316 but subject lo
the proviso to clause (2) of that 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.
Article
378A - Special provisions as to duration of Andhra Pradesh Legislative Assembly
1[ 378A . Special provisions 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 section 28 and 29 of the State 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.]
1. Inserted by the Constitution (Seventh Amendment) Act,
1956, section 24.
Article
379 to 391 - Repealed
[Rep. by the
Constitution (Seventh Amendment) Act, 1956, sec, 29 and Schedule (w.e.f.
1-11-1956)].
Article 392 - Power of the President to remove difficulties
(1) The President
may, for the purpose of removing any difficulties, particularly in relation to
the 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 any 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 the Constitution, be exercisable by the Governor-General of
the Dominion of India.
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