Part XXI - Temporary, Transitional and Special Provisions
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),
food-stuffs (including edible oilseeds and oil), cattle fodder
(including oil-cakes and other concentrates), coal (including coke
and derivatives of coal), iron, steel and mica;
(b) offences
against laws with respect to any of the matters mentioned in clause
(a), jurisdiction and powers of all courts except the Supreme Court
with respect to any of those matters, and fees in respect of any of
those matters but not including fees taken in any court,
but any
law made by Parliament, which Parliament would not but for the
provisions of this article have been competent to make, shall, to the
extent of the incompetency, cease to have effect on the expiration of
the said period, except as respects things done or omitted to be done
before the expiration thereof.
Article
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 order (46) 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. {
ICL-Note: 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
Governor of Jammu and Kashmir, acting on the advice of the Council of
Ministers of the State for the time being in office." }
(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.
Article
371 Special provision with respect to the States of Maharashtra and
Gujarat
(1) {...}
(2) Notwithstanding anything in
this Constitution, the President may by order made with respect to
the State of Maharashtra or Gujarat, provided for any special
responsibility of the Governor for -
(a) the establishment of
separate development boards for Vidarbha, Marathwada, and the rest of
Maharashtra or, as the case may be, Saurashtra, Kutch and the rest of
Gujarat with the provision that a report on the working of each of
these boards will be placed each year before the State Legislative
Assembly;
(b) the equitable allocation of funds for
developmental expenditure over the said areas, subject to the
requirements of the State as a whole; and
(c) an equitable
arrangement providing adequate facilities for technical education and
vocational training, and adequate opportunities for employment in
services under the control of the State Government, in respect of all
the said areas, subject to the requirements of the State as a whole.
Article
371A Special provision with respect to the State of Nagaland
(1)
Notwithstanding anything in this Constitution, -
(a) no Act of
Parliament in respect of -
(i) religious or social practices of
the Nagas,
(ii) Naga customary law and procedure,
(iii)
administration of civil and criminal justice involving decisions
according to Naga customary law,
(iv) ownership and transfer of
land and its resources,
shall apply to the State of Nagaland
unless the Legislative Assembly of Nagaland by a resolution so
decides;
(b) the Governor of Nagaland shall have special
responsibility with respect to law and order in the State of Nagaland
for so long as in his opinion internal disturbances occurring in the
Naga Hills-Tuensang Area immediately before the formation of that
State continue therein or in any part thereof and in the discharge of
his functions in relation thereto the Governor shall, after
consulting the Council of Ministers, exercise his individual judgment
as to the action to be taken:
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-officion of the regional council
and the Vice-Chairman of the regional council shall be elected by the
members there of 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 or for such further period as the Governor may, on the
recommendation of the regional council, by public notification
specify in this behalf, -
(a) the administration of the Tuensang
district shall be carried on by the Governor;
(b) where any
money is provided by the Government of India to the Government of
Nagaland to meet the requirements of the State of Nagaland as a
whole, the Governor shall in his discretion arrange for an equitable
allocation of that money between the Tuensang district and the rest
of the State;
(c) no Act of the Legislature of Nagaland shall
apply to Tuensang district unless the Governor, on the recommendation
of the regional council, by public notification so directs and the
Governor in giving such direction with respect to any such Act may
direct that the Act shall in its application to the Tuensang district
or any part thereof have effect subject to such exceptions or
modifications as the Governor may specify on the recommendation of
the regional council:
Provided that any direction given under
this sub-clause may be given so as to have retrospective effect;
(d)
the Governor may make regulations for the peace, progress and good
government of the Tuensang district and any regulations so made may
repeal or amend with retrospective effect, if necessary, any Act of
Parliament or any other law which is for the time being applicable to
that district;
(e)(i) one of the members representing the
Tuensang district in
the Legislative Assembly of Nagaland shall
be appointed Minister for Tuensang affairs by the Governor on the
advice of the Chief Minister and the Chief Minister in tendering his
advice shall act on the recommendation of the majority of the members
as aforesaid; { ICL-Note: Paragraph 2 of the Constitution (Removal
of Difficulties) Order, No. X provides (w.e.f. 1-12-1963) that
article 371A 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." }
(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 members 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, 1962.
Article
371B Special provision with respect to the State of
Assam
Notwithstanding anything in this Constitution, the
President may, by order made with respect to the State of Assam,
provide for the constitution and functions of a committee of the
Legislative Assembly of the State consisting of members of that
Assembly elected from the tribal areas specified in Part I of the
table appended to paragraph 20 of the Sixth Schedule and such number
of other members of that Assembly as may be specified in the order
and for the modifications to be made in the rules of procedure of
that Assembly for the constitution and proper functioning of such
committee.
Article
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 the 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.
Article
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
principles and procedure as may be specified in the order the persons
holding such posts 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 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 to 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 from 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, inrelation 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.
Article
371E Establishment of Central University in Andhra Pradesh
Parliament
may by law provide for the establishment of a University in the State
of Andhra Pradesh.
Article
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 four years and the said
period of four years and the said period of four years shall be
deemed to commence from the appointed day;
(d) until other
provisions are made by Parliament by law, there shall be allotted to
the State of Sikkim one seat in the House of the People and the State
of Sikkim shall form one parliamentary constituency to be called the
parliamentary constituency for Sikkim;
(e) the representative of
the State of Sikkim in the House of the People in existence on the
appointed day shall be elected by the members of the legislative
Assembly of the State of Sikkim;
(f) Parliament may, for the
purpose of protecting the rights and interests of the different
sections of the population of Sikkim make provision for the number of
seats in the Legislative Assembly of the State of Sikkim which may be
filled by candidates belonging to such sections and for the
delimitation of the assembly constituencies from which candidates
belonging to such sections alone may stand for election to the
Legislative Assembly of the State of Sikkim;
(g) the Governor of
Sikkim shall have special responsibility for peace and for an
equitable arrangement for ensuring the social and economic
advancement of different sections of the population of Sikkim and in
the discharge of his special responsibility under this clause, the
Governor of Sikkim shall,
subject to such directions as the
President may, from time to time, deem fit to issue, act in his
discretion;
(h) all property and assets (whether within or
outside the territories comprised in the State of Sikkim) which
immediately before the appointed day were vested in the Government of
Sikkim or in any other authority or in any person for the purposes of
the Government of Sikkim shall, as from the appointed day, vest in
the Government of the State of Sikkim;
(i) the High Court
functioning as such immediately before the appointed day in the
territories comprised in the State of Sikkim shall, on and from the
appointed day, be deemed to be the High Court for the State of
Sikkim;
(j) all courts of civil, criminal and revenue
jurisdiction, all authorities and all officers judicial, executive
and ministerial, throughout the territory of the State of Sikkim
shall continue on and from the appointed day to exercise their
respective functions subject to the provisions of this
Constitution;
(k) all laws in force immediately before the
appointed day in the territories comprised in the State of Sikkim or
any part thereof shall continue to be in force therein until amended
or repealed by a competent Legislature or other competent
authority;
(l) for the purpose of facilitating the application
of any such law as is referred to in clause (k) in relation to the
administration of the State of Sikkim and for the purpose of bringing
the provisions of any such law into accord with the provisions of
this Constitution, the President may, within two years from the
appointed day, by order, make such adaptations and modifications of
the law, whether by way of repeal or amendment, as may be necessary
or expedient, and thereupon, every such law shall have effect subject
to the adaptations and modifications so made, and any such adaptation
or modification shall not be questioned in any court of law;
(m)
neither the Supreme Court nor any other court shall have jurisdiction
in respect of any dispute or other matter arising out of any treaty,
agreement, engagement or other similar instrument relating to Sikkim
which was entered into or executed before the appointed day and to
which the Government of India or any of its predecessor Governments
was a party, but nothing in this clause shall be construed to
derogate from the provisions of article 143;
(n) the President
may, by public notification, extend with such restrictions or
modifications as he thinks fit to the State of Sikkim any enactment
which is in force in a State in India at the date of the
notification;
(o) if any difficulty arises in giving effect to
any of the foregoing provisions of this article, the President may,
by order (62), do anything (including any adaptation or modification
of any other article) which appears to him to be necessary for the
purpose of removing that difficulty:
Provided that no such order
shall be made after the expiry of two years from the appointed
day;
(p) all things done and all actions taken in or in relation
to the State of Sikkim or the territories comprised therein during
the period commencing on the appointed day and ending immediately
before the date on which the Constitution (Thirty-sixth Amendment)
Act, 1975, receives the assent of the President shall, in so far as
they are in conformity with the provisions of this Constitution as
amended by the Constitution (Thirty-sixth Amendment) Act, 1975, be
deemed for all purposes to have been validly done or taken under this
Constitution as so amended.
Article
371G Special provision with respect to the State of
Mizoram
Notwithstanding anything in this Constitution, -
(a)
no Act of Parliament in respect of -
(i) religious or social
practices of the Mizos.
(ii) Mizo customary law and
procedure,
(iii) administration of civil and criminal justice
involving decisions according to Mizo customary law,
(iv)
ownership and transfer of land,
shall apply to the State of
Mizoram unless the Legislative Assembly of the State of Mizoram by a
resolution so decides:
Provided that nothing in this clause
shall apply to any Central Act in force in the Union territory of
Mizoram immediately before the commencement of the Constitution
(Fifty-third Amendment) Act, 1986;
(b) the Legislative Assembly
of the State of Mizoram shall consist of not less than forty members.
Article
371H Special provision with respect to the State of Arunachal
Pradesh
Notwithstanding anything in this Constitution, -
(a)
the governor of Arunachal Pradesh shall have special responsibility
with respect to law and order in the state of Arunachal pradesh and
in the discharge of his functions in relation thereto, the Governor
shall, after consulting the Council of Ministers, exercise his
individual judgment as to the action to be taken:
Provided that
if any question arises whether any matter is or is not a matter as
respects which the Governor is under this clause required to act in
the exercise of his individual judgment, the decision of the Governor
in his discretion shall be final, and the validity of anything done
by the Governor shall not be called in question on the ground that he
ought or ought not to have acted in the exercise of his individual
judgment:
Provided further that if the President on receipt of a
report from the Governor or otherwise is satisfied that it is no
longer necessary for the Governor to have special responsibility with
respect to law and order in the State of Arunachal Pradesh, he may by
order direct that the Governor shall cease to have such
responsibility with effect from such date as may be specified in the
order;
(b) the Legislative Assembly of the State of Arunachal
Pradesh shall consist of not less than thirty members.
Article
371I Special provision with respect to the State of
Goa
Notwithstanding anything in this Constitution, the
Legislative Assembly of the State of Goa shall consist of not less
than thirty members.
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 law in force in the territory if 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 order (66) make such adaptations
and modifications of such law, whether by way of repeal or amendment,
as may be necessary or expedient, and provide, that the law shall, as
from such date as may be specified in the order, have effect subject
to the adaptations and modifications so made, and any such adaptation
or modification shall not be questioned in any court of law.
(3)
Nothing in clause (2) shall be deemed -
(a) to empower the
President to make any adaptation or modification of any law after the
expiration of three years from the commencement of this Constitution;
or
(b) to prevent any competent Legislature or other competent
authority from repealing or amending any law adapted or
modified
by the President under the said clause.
Explanation I: The
expression "law in force" in this article include a law
passed or made by a Legislature or other competent authority in the
territory of India before the commencement of this Constitution and
not previously repealed, notwithstanding that it or parts of it may
not be then in operation either at all or in particular
areas.
Explanation II: Any law passed or made by a Legislature
or other competent authority in the territory of India which
immediately before the commencement of this Constitution had
extra-territorial effect as well as effect in the territory of India
shall, subject to any such adaptations and modifications as
aforesaid, continue to have such extra-territorial
effect.
Explanation III: Nothing in this article shall be
construed as continuing any temporary law in force beyond the date
fixed for its expiration or the date on which it would have expired
if this Constitution had not come into force.
Explanation IV: An
Ordinance promulgated by the Governor of a Province under section 88
of the Government of India Act, 1935, and in force immediately before
the commencement of this Constitution shall, unless withdrawn by the
Governor of the corresponding State earlier, cease to operate at the
expiration of six weeks from the first meeting after such
commencement of the Legislative Assembly of that State functioning
under clause (1) of article 382, and nothing in this article shall be
construed as continuing any such Ordinance in force beyond the said
period.
Article
372A Power of the President to adapt laws
(1) For the
purposes of bringing the provisions of any law in force in India or
in any part thereof, immediately before the commencement of the
Constitution (Seventh Amendment) Act, 1956, into accord with the
provisions of this Constitution as amended by that Act, the President
may by order made before the first day of November, 1957, make such
adaptations and modifications of the law, whether by way of repeal or
amendment, as may be necessary or expedient, and provide that the law
shall, as from such date as may be specified in the order, have
effect subject to the adaptations and modifications so made, and any
such adaptation or modification shall not be questioned in any court
of law.
(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.
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 i 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, shall continue to exercise their respective functions subject
to the provisions of this Constitution.
Article
376 Provisions as to Judges of High Courts
(1)
Notwithstanding anything in clause (2) of article 217, the Judges of
a High Court in any Province holding office immediately before the
commencement of this Constitution shall, unless they have elected
otherwise, become on such commencement the Judges of the High Court
in the corresponding State, and shall thereupon be entitled to such
salaries and allowances and to such rights in respect of leave of
absence and pension as are provided for under article 221 in respect
of the Judges of such High Court. Any such Judge shall,
notwithstanding that he is not a citizen of India, be eligible for
appointment 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.
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) of 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 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 clause (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 to the proviso of 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
Notwithstanding anything contained in article 172,
the Legislative Assembly of the State of Andhra Pradesh as
constituted under the provisions of sections 28 and 29 of the States
Reorganisation Act, 1956, shall, unless sooner dissolved, continue
for a period of five years from the date referred to in the said
section 29 and no longer and the expiration of the said period shall
operate as a dissolution of that Legislative Assembly.
Article
379 []
{ Articles 379 to 391 have been repealed in 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 way of modification, addition or
omission, as he may deem to be necessary or expedient:
Provided
that no such order shall be made after the first meeting of
Parliament duly constituted under Chapter II of Part V.
(2)
Every order made under clause (1) shall be laid before
Parliament.
(3) The powers conferred on the President by this
article, by article 324, by clause (3) of article 367 and by article
391 shall, before the commencement of this Constitution, be
exercisable by the Governor-General of the Dominion of India.
|