21Part XXI (A:369-392): 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
369.
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
*[370. (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** 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.
--------------------
* 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 art. 370 shall
be operative with the modification that for the Explanation in cl. (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-Riyasat
of Jammu and Kashmir, acting on the advice of the Council of Ministers of the
State for the time being in office.". (Ministry of Law Order No. C.O. 44,
dated the 15th November, 1952).
@Now "Governor"
** 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
[371.
**
(2) Notwithstanding anything in this Constitution, the President may by order
made with respect to [the State of Maharashtra or Gujarat]***, provide for any
special responsibility of the Governor for-
(a) the establishment of separate development boards for Vidarbha, Marathwada,
[and the rest of Maharashtra or, as the case may be,]**** Saurashtra, Kutch and
the rest of Gujarat with the provision that a report on the working of each of
these boards will be placed each year before the State Legislative Assembly;
(b) the equitable allocation of funds for developmental expenditure over the
said areas, subject to the requirements of the State as a whole; and
(c) an equitable arrangement providing adequate facilities for technical
education and vocational training, and adequate opportunities for employment in
services under the control of the State Government, in respect of all the said
areas, subject to the requirements of the State as a whole.]*
--------------------
* Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 22, for art. 371.
** Cl. (1) omitted by the Constitution (Thirty-second Amendment) Act, 1973, s.
2, (w.e.f. 1-7-1974)
*** Subs. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 85, for
"the State of Bombay" (w.e.f. 1-5-1960)
****Subs. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 85, for
"the rest of Maharashtra," (w.e.f. 1-5-1960)
· Article 371A :
Special provision with respect to the State of Nagaland
[371A. (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 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 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**;
(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 word "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.]*
--------------------
* Ins. by the Constitution (Thirteenth Amendment) Act, 1962, s. 2 (w.e.f.
1-12-1963)
** 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."
· Article 371B :
Special provision with respect to the State of Assam
[371B.
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.]*
--------------------
* Ins. by the Constitution (Twenty-second Amendment) Act, 1969, s. 4
** Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s.
71, for "Part A" (w.e.f. 21-1-1972)
· Article 371C :
Special provision with respect to the State of Manipur
[371C. (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.]*
--------------------
* Ins. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 5 (w.e.f.
15-2-1972)
· Article 371D :
Special provisions with respect to the State of Andhra Pradesh or the State of
Telangana
[371D. [The
President may by order made with respect to the State of Andhra Pradesh or the
State of Telangana, provide, having regard to
the requirement of each State, for equitable opportunities and facilities for
the people belonging to different parts of such State, in
the matter of public employment and in the matter of education, and different
provisions may be made for various parts of the States.]***
(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 and for the
State of Telangana]**** 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
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.
--------------------
* Ins. by the Constitution (Thirty-second Amendment) Act, 1973, s. 3 (w.e.f.
1-7-1974)
** In P. Sambamurthy and others vs. State of Andhara Pradesh and another (1987)
1 SCC, p. 362, the Supreme Court declared cl. (5) of art. 371D along with the
proviso to be unconstitutional and void.
*** Subs. by Andhra Pradesh Reorganisation Act, 2014, s. 98(1)(a) (w.e.f.
2-6-2014)
**** Subs. by Andhra Pradesh Reorganisation Act, 2014, s. 98(1)(b) (w.e.f.
2-6-2014)
· Article 371E :
Establishment of Central University in Andhra Pradesh
371E.
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
[371F.
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 [five
years]**, in clause (1) of article 172 shall be construed as references to a
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**** , 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.]*
--------------------
* Ins. by the Constitution (Thirty-sixth Amendment) Act, 1975, s. 3 (w.e.f.
26-4-1975)
** Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 43, for
"six years" (w.e.f. 6-9-1979). The words "six years" were
subs. for the original words "five years" by the Constitution
(Forty-second Amendment) Act, 1976, s. 56 (w.e.f. 3-1-1977)
*** Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 43, for
"five years" (w.e.f. 6-9-1979). The words "five years" were
subs. for the original words "four years" by the Constitution
(Forty-second Amendment) Act, 1976, s. 56 (w.e.f. 3-1-1977)
**** See the Constitution (Removal of Difficulties) Order No. XI (C.O. 99)
· Article 371G :
Special provision with respect to the State of Mizoram
[371G.
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.]*
--------------------
* Ins. by the Constitution (Fifty-third Amendment) Act, 1986, s. 2 (w.e.f.
20-2-1987)
· Article 371H :
Special provision with respect to the State of Arunachal Pradesh
[371H.
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.]*
--------------------
* Ins. by the Constitution (Fifty-fifth Amendment) Act, 1986, s. 2 (w.e.f.
20-2-1987)
· Article 371I :
Special provision with respect to the State of Goa
[371-I.
Notwithstanding anything in this Constitution, the Legislative Assembly of the
State of Goa shall consist of not less than thirty members.]*
--------------------
* Ins. by the Constitution (Fifty-sixth Amendment) Act, 1987, s. 2 (w.e.f.
30-5-1987)
· Article 371J :
Special provisions with respect to State of Karnataka.
[371J. (1) The
President may, by order made with respect to the State of Karnataka, provide
for any special responsibility of the Governor for
(a) establishment of a separate development board for Hyderabad-Karnataka
region with the provision that a report on the working of the board will be placed
each year before the State Legislative Assembly;
(b) equitable allocation of funds for developmental expenditure over the said
region, subject to the requirements of the State as a whole; and
(c) equitable opportunities and facilities for the people belonging to the said
region, in matters of public employment, education and vocational training,
subject to the requirements of the State as a whole.
(2) An order made under sub-clause (c) of clause (1) may provide for
(a) reservation of a proportion of seats in educational and vocational training
institutions in the Hyderabad-Karnataka region for students who belong to that
region by birth or by domicile; and
(b) identification of posts or classes of posts under the State Government and
in any body or organisation under the control of the State Government in the
Hyderabad-Karnataka region and reservation of a proportion of such posts for
persons who belong to that region by birth or by domicile and for appointment
thereto by direct recruitment or by promotion or in any other manner as may be
specified in the order.]*
--------------------
* Ins. by the Constitution (Ninety-eighth Amendment) Act, 2012, s. 2
· Article 372 :
Continuance in force of existing laws and their adaptation
372. (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 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 brining the provisions of any law in force in the
territory of India into accord with the provisions of this Constitution, the
President may by order* make such adaptations and modifications of such law,
whether by way of repeal or amendment, as may be necessary or expedient, and
provide that the law shall, as from such date as may be specified in the order,
have effect subject to the adaptations and modifications so made, and any such
adaptation or modification shall not be questioned in any court of law.
(3) Nothing in clause (2) shall be deemed-
(a) to empower the President to make any adaptation or modification of any law
after the expiration of [three years]** from the commencement of this
Constitution; or
(b) to prevent any competent Legislature or other competent authority from
repealing or amending any law adapted or modified by the President under the
said clause.
Explanation I:- The expression "law in force" in this article shall
include a law passed or made by a Legislature or other competent authority in
the territory of India before the commencement of this Constitution and not
previously repealed, notwithstanding that it or parts of it may not be then in
operation either at all or in particular areas.
Explanation II:- Any law passed or made by a Legislature or other competent
authority in the territory of India which immediately before the commencement
of this Constitution had extra-territorial effect as well as effect in the
territory of India shall, subject to any such adaptations and modifications as
aforesaid, contiue 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.
--------------------
* See the Adaptation of Laws Order, 1950, dated the 26th January, 1950, Gazette
of India, Extraordinary, p. 449, as amended by Notification No. S.R.O. 115,
dated the 5th June, 1950, Gazette of India, Extraordinary, Part II, Section 3,
p. 51, Notification No. S.R.O. 870, dated the 4th November, 1950, Gazette of
India, Extraordinary, Part II, Section 3, p. 903, Notification No. S.R.O. 508,
dated the 4th April, 1951, Gazette of India, Extraordinary, Part II, Section 3,
p. 287, Notification No. S.R.O. 1140B, dated 2nd July, 1952, Gazette of India,
xtraordinary, Part II, Section 3, p. 616/I; and the Adaptation of the
Travancore-Cochin Land Acquisition Laws Order, 1952, dated the 20th November,
1952, Gazette of India, Extraordinary, Part II, Section 3, p. 923
** Subs. by the Constitution (First Amendment) Act, 1951, s. 12, for "two
years"
· Article 372A :
Power of the President to adapt laws
[372A. (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.]*
--------------------
* Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 23
** See the 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
373. 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
374. (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
375. 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
376. (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.
--------------------
* Added by the by the Constitution (First Amendment) Act, 1951, s. 13
· Article 377 :
Provisions as to Comptroller and Auditor-General of India
377. 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 Service Commissions
378. (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 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.
· Article 378A :
Special provision as to duration of Andhra Pradesh Legislative Assembly
[378A.
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.]*
--------------------
* Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 24
· Article 379 to
391 : [Repealed.]
379.—391.
Rep. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
· Article 392 :
Power of the President to remove difficulties
392. (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.