Miscellaneous
Part XIX - Micsellaneous
Article
361 Protection of President and Governors and Rajpramukhs
(1)
The President, or the Governor or Rajpramukh of a State, shall not be
answerable to any court for the exercise and performance of the
powers and duties of his office or for any act done or purporting to
be done by him in the exercise and performance of those powers and
duties:
Provided that the conduct of the President may be
brought under review by any court, tribunal or body appointed or
designated by either House of Parliament for the investigation of a
charge under article 61:
Provided further that nothing in this
clause shall be construed as restricting the right of any person to
bring appropriate proceedings against the Government of India or the
Government of a State.
(2) No criminal proceedings whatsoever
shall be instituted or continued against the President, or the
Governor of a State, shall be instituted during his term of office in
any court in respect of any act done or purporting to be done by him
in his personal capacity, whether before or after he entered upon his
office as President, or as Governor of such State, until the
expiration of two months next after notice in writing has been
delivered to the President or the Governor, as the case may be, or
left at his office stating the nature of the proceedings, the cause
of action therefor, the name, description and place of residence of
the party by whom such proceedings are to be instituted and the
relief which he claims.
Article
361A Protection of publication of proceedings of Parliament and State
Legislatures
(1) No person shall be liable to any
proceedings, civil or criminal, in any court in respect of the
publication in a newspaper of a substantially true report of any
proceedings of either House of Parliament or the Legislative
Assembly, or, as the case may be, either House of the Legislature, of
a State, unless the publication is proved to have been made with
malice:
Provided that nothing in this clause shall apply to the
publication of any report of the proceedings of a secret sitting of
either House of Parliament or the Legislative Assembly, or, as the
case may be, either House of the Legislature, of a State.
(2)
Clause (1) shall apply in relation to reports or matters broadcast by
means of wireless telegraphy as part of any programme or service
provided by means of a broadcasting station as it applies in relation
to reports or matters published in a newspaper.
Explanation: In
this article, "newspaper" includes a news agency report
containing material for publication in a newspaper.
Article
362 Rights and privileges of Rulers of Indian States
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Article
363 Bar to interference by courts in disputes arising out of certain
treaties, agreements, etc.
(1) Notwithstanding
anything in this Constitution but subject to the provisions of
article 143, neither the Supreme Court nor any other court shall have
jurisdiction in any dispute arising out of any provision of a treaty,
agreement, covenant, engagement, sanad or other similar instrument
which was entered into or executed before the commencement of this
Constitution by any Ruler of an Indian State and to which the
Government of the Dominion of India or any of its predecessor
Governments was a party and which has or has been continued in
operation after such commencement, or in any dispute in respect of
any right accruing under or any liability or obligation arising out
of any of the provisions of this Constitution relating to any such
treaty, agreement, covenant, engagement, sanad, or other similar
instrument.
(2) In this article -
(a) "Indian State"
means any territory recognised before the commencement of this
Constitution by His Majesty or the Government of the Dominion of
India as being such a State; and
(b) "Ruler" includes
the Prince, Chief or other person recognised before such commencement
by His Majesty or the Government of the Dominion of India as the
Ruler of any Indian State.
Article
363A Recognition granted to Rulers of Indian States to cease and
Privy purses to be abolished
Notwithstanding anything in
this Constitution or in any law for the time being in force -
(a)
the Prince, Chief or other person who, at any time before the
commencement of the Constitution (Twenty-sixth Amendment) Act, 1971,
was recognised by the President as the Ruler of an Indian State or
any person who, at any time before such commencement, was recognised
by the President as the successor of such Ruler shall, on and from
such commencement, cease to be recognised as such Ruler or the
successor of such Ruler;
(b) on and from the commencement of the
Constitution (Twenty-sixth Amendment) Act, 1971, privy purse is
abolished and all rights, liabilities and obligations in respect of
privy purse are extinguished and accordingly the Ruler or, as the
case may be, the successor of such Ruler, referred to in clause (a)
or any other person shall not be paid any sum as privy purse.
Article
364 Special provisions as to major ports and aerodromes
(1)
Notwithstanding anything in this Constitution, the President may by
public notification direct that as from such date as may be specified
in the notification -
(a) any law made by Parliament or by the
Legislature of a State shall not apply to any major port or aerodrome
or shall apply thereto subject to such exceptions or modifications as
may be specified in the notification, or
(b) any existing law
shall cease to have effect in any major port or aerodrome except as
respects things done or omitted to be done before the said date, or
shall in its application to such port or aerodrome have effect
subject to such exceptions or modifications as may be specified in
the notification.
(2) In this article -
(a) "major
port" means a port declared to be a major port by or under any
law made by Parliament or any existing law and includes all areas for
the time being included within the limits of such port;
(b)
"aerodrome" means aerodrome as defined for the purposes of
the enactments relating to airways, aircraft and air navigation.
Article
365 Effect of failure to comply with, or to give effect to,
directions given by the Union
Where any State has failed to
comply with, or to give effect to, any directions given in the
exercise of the executive power of the Union under any of the
provisions of this Constitution, it shall be lawful for the President
to hold that a situation has arisen in which the Government of the
State cannot be carried on in accordance with the provisions of this
Constitution.
Article
366 Definitions
In this Constitution, unless the context
otherwise requires, the following expressions have the meanings
hereby respectively assigned to them, that is to say -
(1)
"agriculture income" means agricultural income as defined
for the purposes of the enactments relating to Indian income-tax;
(2)
"an Anglo-Indian" means a person whose father or any of
whose other male progenitors in the male line is or was of European
descent but who is domiciled within the territory of India and is or
was born within such territory of parents habitually resident therein
and not established there for temporary purposes only;
(3)
"article" means an article of this Constitution;
(4)
"borrow" includes the raising of money by the grant of
annuities, and "loan" shall be construed accordingly;
(5)
"clause" means a clause of the article in which the
expression occurs;
(6) "corporation tax" means any tax
on income, so far as that tax is payable by the companies and is a
tax in the case of which the following conditions are fulfilled:
-
(a) that it is not chargeable in respect of agricultural
income;
(b) that no deduction in respect of the tax paid by the
companies is, by any enactments which may apply to the tax,
authorised to be made from dividends payable by the companies to
individuals;
(c) that no provision exists for taking the tax so
paid into account in computing for the purposes of Indian income-tax
the total income of individuals receiving such dividends, or in
computing the Indian income-tax payable by, or refundable to, such
individuals;
(7) "corresponding Province",
"corresponding Indian State" or "corresponding State"
means in cases of doubt such Province, Indian State or State as may
be determined by the President to be the corresponding Province, the
corresponding Indian State or the corresponding State, as the case
may be, for the particular purpose in question;
(8) "debt"
includes any liability in respect of any obligation to repay capital
sums by way of annuities and any liability under any guarantee, and
"debt charges" shall be construed accordingly;
(9)
"estate duty" means a duty to be assessed on or by
reference to the principal value, ascertained in accordance with such
rules as may be prescribed by or under laws made by Parliament or the
Legislature of a State relating to the duty, of all property passing
upon death or deemed, under the provisions of the said laws, so to
pass;
(10) "existing law" means any law, Ordinance,
order, bye-law, rule or regulation passed or made before the
commencement of this Constitution by any Legislature, authority or
person having power to make such a law, Ordinance, order, bye-law,
rule or regulation;
(11) "Federal Court" means the
Federal Court constituted under the Government of India Act,
1935;
(12) "goods" includes all materials,
commodities, and articles;
(13) "guarantee" includes
any obligation undertaken before the commencement of this
Constitution to make payments in the event of the profits of an
undertaking falling short of a specified amount;
(14) "High
Court" means any Court which is deemed for the purposes of this
Constitution to be a High Court for any State and includes -
(a)
any Court in the territory of India constituted or reconstituted
under this Constitution as a High Court, and
(b) any other Court
in the territory of India which may be declared by Parliament by law
to be a High Court for all or any of the purposes of this
Constitution;
(15) "Indian State" means any territory
which the Government of the Dominion of India recognised as such a
State;
(16) "Part" means a Part of this
Constitution;
(17) "pension" means a pension, whether
contributory or not, of any kind whatsoever payable to or in respect
of any person, and includes retired pay so payable, a gratuity so
payable and any sum or sums so payable by way of the return, with or
without interest thereon or any other addition thereto, of
subscriptions to a provident fund;
(18) "Proclamation of
Emergency" means a Proclamation issued under clause (1) of
article 352:
(19) "public notification" means a
notification in the Gazette of India, or, as the case may be, the
Official Gazette of a State;
(20) "railway" does not
include -
(a) a tramway wholly within a municipal area, or
(b)
any other line of communication wholly situate in one State and
declared by Parliament by law not to be a railway;
(21)
{...}
(22) "Ruler" means the Prince, Chief or other
person who, at any time before the commencement of the Constitution
(Twenty-sixth Amendment) Act, 1971, was recognised by the President
as the Ruler of an Indian State or any person who, at any time before
such commencement, was recognised by the President as the successor
of such Ruler;
(23) "Schedule" means a Schedule to
this Constitution;
(24) "Scheduled Castes" means such
castes, races or tribes or parts of or groups within such castes,
races or tribes as are deemed under article 341 to be Scheduled
Castes for the purposes of this Constitution;
(25) "Scheduled
Tribes" means such tribes or tribal communities or parts of or
groups within such tribes or tribal communities as are deemed under
article 342 to be Scheduled Tribes for the purposes of this
constitution;
(26) "securities" includes stock;
(27)
"sub-clause" means a sub-clause of the clause in which the
expression occurs;
(28) "taxation" includes the
imposition of any tax or impost, whether general or local or special,
and "tax" shall be construed accordingly;
(29) "tax
on income" includes a tax in the nature of an excess profits
tax;
(29A) "tax on the sale or purchase of goods"
includes -
(a) a tax on the transfer, otherwise than in
pursuance of a contract, of property in any goods for cash, deferred
payment or other valuable consideration;
(b) a tax on the
transfer of property in goods (whether as goods or in some other
form) involved in the execution of a works contract;
(c) a tax
on the delivery of goods on hire-purchase or any system of payment by
installments;
(d) a tax on the transfer of the right to use any
goods for any purpose (whether or not for a specified period) for
cash, deferred payment or other valuable consideration;
(e) a
tax on the supply of goods by any unincorporated association or body
of persons to a member thereof for cash, deferred payment or other
valuable consideration;
(f) a tax on the supply, by way of or as
part of any service or in any other manner whatsoever, of goods,
being food or any
other article for human consumption or any
drink (whether or not intoxicating), where such supply or service is
for cash, deferred payment or other valuable consideration,
and
such transfer, delivery or supply of any goods shall be deemed to be
a sale of those goods by the person making the transfer, delivery or
supply and a purchase of those goods by the person to whom such
transfer, delivery or supply is made;
(30) "Union
territory" means any Union territory specified in the First
Schedule and includes any other territory comprised within the
territory on India but not specified in that Schedule.
Article
367 Interpretation
(1) Unless the context otherwise
requires, the General Clauses Act, 1897, shall, subject to any
adaptations and modification that may be made therein under article
372, apply for the interpretation of this Constitution as it applies
for the interpretation of an Act of the Legislature of the Dominion
of India.
(2) Any reference in this Constitution to Acts or laws
of, or made by, Parliament, or to Acts or laws of, or made by, the
Legislature of a State, shall be construed as including a reference
to an Ordinance made by the President or, to an Ordinance made by a
Governor, as the case may be. (3) For the purposes of this
Constitution "foreign State" means any State other than
India:
Provided that, subject to the provisions of any law made
by Parliament, the President may be order declare any State not to be
a foreign State for such purposes as may be specified in the order.
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