Indexed passage in the Constitution of India

(c) any of the Lists in the Seventh Schedule, or (d) the representation of States in Parliament, or (e) the provisions of this article, the amendment shall also require to be ratified by the Legislatures of not less than one-half of the States 5*** by resolutions to that effect passed by those Legislatures 2401[Power of Parliament toamend theConstitution andproceduretherefor.] 1Subs. by the Constitution (Twenty-fourth Amendment) Act, 1971, s. 3, for “Procedure for the amendment of the Constitution”. 2Ins. by s. 3, ibid. 3Art. 368 renumbered as cl. (2) thereof by s. 3, ibid. 4Subs. by s. 3, ibid., for “it shall be presented to the President for his assent and upon such assent being given to the Bill,”. 5The words and letters “specified in Parts A and B of the First Schedule” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. before the Bill making provision for such amendment is presented to the President for assent. 1[(3) Nothing in article 13 shall apply to any amendment made under this article.] 2[(4) No amendment of this Constitution (including the provisions of Part III) made or purporting to havebeen made under this article [whether before or after thecommencement of section 55 of the Constitution (Forty-second Amendment) Act, 1976] shall be called in questionin any court on any ground. (5) For the removal of doubts, it is hereby declared that there shall be no limitation whatever on theconstituent power of Parliament to amend by way ofaddition, variation or repeal the provisions of thisConstitution under this article.] 1Ins. by the Constitution (Twenty-fourth Amendment) Act, 1971, s. 3. 2Cls. (4) and (5) were ins. in article 368 by s. 55 of the Constitution (Forty-second Amendment) Act, 1976. This section has been declared invalid by the Supreme Court inMinerva Mills Ltd. and Others Vs. Union of India and Others (1980) 2 S.C.C. 591.THE CONSTITUTION OF INDIA (Part XX. —Amendment of the Constitution .—Art. 368.)241 PART XXI 1[TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS] 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 asif 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 takenin any court; but any law made by Parliament, which Parliament would not but for the provisions of this article havebeen competent to make, shall, to the extent of the incompetency, cease to have ef fect on the expiration of the said period, except as respects things done or omitted to be done before the expiration thereof. 242Temporary power to Parliament tomake laws withrespect to certainmatters in the StateList as if they werematters in theConcurrent List. 1Subs. by the Constitution (Thirteenth Amendment) Act, 1962, s. 2, for “TEMPORARY AND TRANSITIONAL PROVISIONS” (w.e.f. 1-12-1963). 1[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 theGovernment of the State, are declared by thePresident to correspond to matters specified inthe Instrument of Accession governing theaccession of the State to the Dominion of India asthe matters with respect to which the DominionLegislature 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 timebeing recognised by the President as the Maharaja ofJammu and Kashmir acting on the advice of the Councilof Ministers for the time being in office under theMaharaja’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 suchTemporaryprovisions withrespect to the Stateof Jammu andKashmir. 1In 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 the17th 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 theLegislative 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”.THE CONSTITUTION OF INDIA (Part XXI. —Temporary, Transitional and Special Provisions .—Art. 370.)243 exceptions and modifications as the President may by order1 specify: Provided that no such order which relates to the matters specified in the Instrument of Accession ofthe 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, itshall 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 beoperative 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 benecessary before the President issues such a notification. 2[371. 3* * * * (2) Notwithstanding anything in this Constitution, the President may by order made with respect to 5[the 1See the Constitution (Application to Jammu and Kashmir) Order, 1954 (C.O. 48) as amended from time to time, in Appendix I. 2Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 22, for art. 371. 3Cl. (1) omitted by the Constitution (Thirty-second Amendment) Act, 1973, s. 2, (w.e.f. 1-7-1974). 4The words “Andhra Pradesh,” omitted by s. 2, ibid. (w.e.f. 1-7-1974). 5Subs. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 85, for “the State of Bombay” (w.e.f. 1-5-1960).THE CONSTITUTION OF INDIA (Part XXI. —Temporary, Transitional and Special Provisions .—Arts. 370-371.)244 Special provision with respect tothe States of 4*** Maharashtra andGujarat. State of Maharashtra or Gujarat], provide for any special responsibility of the Governor for— (a) the establishment of separate development boards for Vidarbha, Marathwada, 1[and the rest of Maharashtra or, as the case may be,] Saurashtra,Kutch and the rest of Gujarat with the provision thata report on the working of each of these boards willbe 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 vocationaltraining, and adequate opportunities for employment in services under the control of the State Government, in respect of all the said areas, subject to therequirements of the State as a whole.] 2[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 customarylaw, (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 theSpecial provision with respect to theState of Nagaland. 1Subs. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 85, for “the rest of Maharashtra,” (w.e.f. 1-5-1960). 2Ins. by the Constitution (Thirteenth Amendment) Act, 1962, s. 2 (w.e.f. 1-12-1963).THE CONSTITUTION OF INDIA (Part XXI. —Temporary, Transitional and Special Provisions .—Arts. 371-371 A.)245 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 Statecontinue therein or in any part thereof and in thedischarge of his functions in relation thereto theGovernor shall, after consulting the Council ofMinisters, exercise his individual judgment as to theaction to be taken: Provided that if any question arises whether any matter is or is not a matter as respects which theGovernor is under this sub-clause required to act inthe exercise of his individual judgment, the decisionof the Governor in his discretion shall be final, andthe validity of anything done by the Governor shallnot be called in question on the ground that he oughtor ought not to have acted in the exercise of hisindividual judgment: Provided further that if the President on receipt of a report from the Governor or otherwise is satisfiedthat it is no longer necessary for the Governor tohave special responsibility with respect to law andorder in the State of Nagaland, he may by orderdirect that the Governor shall cease to have suchresponsibility with effect from such date as may bespecified in the order; (c) in making his recommendation with respect to any demand for a grant, the Governor of Nagalandshall ensure that any money provided by theGovernment of India out of the Consolidated Fund ofIndia for any specific service or purpose is includedin the demand for a grant relating to that service orpurpose and not in any other demand; (d) as from such date as the Governor of Nagaland may by public notification in this behalfspecify, there shall be established a regional councilfor the Tuensang district consisting of thirty-fivemembers and the Governor shall in his discretionmake rules providing for— (i) the composition of the regional council and the manner in which the members of the regional council shall be chosen:THE CONSTITUTION OF INDIA (Part XXI. —Temporary, Transitional and Special Provisions .—Art. 371A.)246 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 themembers 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, theregional 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 andproper functioning of the regional council. (2) Notwithstanding anything in this Constitution, for a period of ten years from the date of the formationof the State of Nagaland or for such further periodas the Governor may, on the recommendation of theregional 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 Nagalandto meet the requirements of the State of Nagalandas a whole, the Governor shall in his discretionarrange for an equitable allocation of that moneybetween the Tuensang district and the rest of the State;THE CONSTITUTION OF INDIA (Part XXI. —Temporary, Transitional and Special Provisions .—Art. 371A.)247 (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 givingsuch direction with respect to any such Act maydirect that the Act shall in its application to theTuensang district or any part thereof have effectsubject 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 retrospectiveeffect; (d) the Governor may make regulations for the peace, progress and good Government of theTuensang 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 forthe time being applicable to that district; (e) (i) one of the members representing the Tuensang district in the Legislative Assembly ofNagaland shall be appointed Minister for Tuensangaffairs by the Governor on the advice of the Chief Minister and the Chief Minister in tendering his advice shall act on the recommendation of themajority of the members as aforesaid 1; (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 heshall keep the Chief Minister informed about the same; 1Paragraph 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 followingProviso 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 arechosen in accordance with law to fill the seats allocated to the Tuensang district in theLegislative Assembly of Nagaland.”.THE CONSTITUTION OF INDIA (Part XXI. —Temporary, Transitional and Special Provisions .—Art. 371A.)248 (f) notwithstanding anything in the foregoing provisions of this clause, the final decision on allmatters relating to the Tuensang district shall bemade 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 LegislativeAssembly of a State or to each such member shallinclude references to the members or member of theLegislative Assembly of Nagaland elected by theregional 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 theword “sixty”, the word “forty-six” had beensubstituted; (ii) in the said clause, the reference to direct election from territorial constituencies in the Stateshall include election by the members of theregional council established under this article; (iii) in clauses (2) and (3), references to territorial constituencies shall mean references toterritorial constituencies in the Kohima andMokokchung districts. (3) If any difficulty arises in giving effect to any of the foregoing provisions of this article, the President mayby order do anything (including any adaptation ormodification of any other article) which appears to himto be necessary for the purpose of removing thatdifficulty: Provided that no such order shall be made after the expiration of three years from the date of the formationof the State of Nagaland. Explanation. —In this article, the Kohima, Mokokchung and Tuensang districts shall have the samemeanings as in the State of Nagaland Act, 1962.]THE CONSTITUTION OF INDIA (Part XXI. —Temporary, Transitional and Special Provisions .—Art. 371A.)249 1[371B. Notwithstanding anything in this Constitution, the President may, by order made withrespect 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 Assemblyelected from the tribal areas specified in 2[Part I] of the table appended to paragraph 20 of the Sixth Scheduleand such number of other members of that Assembly asmay 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 suchcommittee.] 3[371C. (1) Notwithstanding anything in this Constitution, the President may, by order made withrespect to the State of Manipur, provide for theconstitution and functions of a committee of theLegislative Assembly of the State consisting of membersof 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 theLegislative Assembly of the State and for any specialresponsibility of the Governor in order to secure theproper functioning of such committee. (2) The Governor shall annually, or whenever so required by the President, make a report to the Presidentregarding 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 tothe 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.]Special provision with respect tothe State ofAssam. Special provision with respect tothe State ofManipur. 1Ins. by the Constitution (Twenty-second Amendment) Act, 1969, s. 4. 2Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71, for “Part A” (w .e.f. 21-1-1972). 3Ins. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 5 (w.e.f. 15-2-1972).THE CONSTITUTION OF INDIA (Part XXI. —Temporary, Transitional and Special Provisions .—Arts. 371B-371C.)250 Special provisions with respect to theState of AndhraPradesh.1[371D. (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, forequitable opportunities and facilities for the peoplebelonging to different parts of the State, in the matterof 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 anyclass or classes of civil posts under, the State intodifferent local cadres for different parts of the State and allot in accordance with such principles and procedure as may be specified in the order thepersons holding such posts to the local cadres soorganised; (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 othereducational institution which is subject to thecontrol 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; 1 Ins. by the Constitution (Thirty-second Amendment) Act, 1973, s. 3 (w.e.f. 1-7-1974).THE CONSTITUTION OF INDIA (Part XXI. —Temporary, Transitional and Special Provisions .—Art. 371D.)251 (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 inrespect of such cadre, University or other educationalinstitution, as the case may be. (3) The President may, by order, provide for the constitution of an Administrative Tribunal for the State ofAndhra Pradesh to exercise such jurisdiction, powers and authority [including any jurisdiction, power and authority which immediately before the commencementof the Constitution (Thirty-second Amendment) Act, 1973,was exercisable by any court (other than the SupremeCourt) or by any tribunal or other authority] as may bespecified 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 underthe control of any local authority within the State, asmay be specified in the order; (b) seniority of persons appointed, allotted or promoted to such class or classes of posts in anycivil service of the State, or to such class or classesof civil posts under the State, or to such class orclasses 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 tosuch class or classes of civil posts under the State orto such class or classes of posts under the control ofany local authority within the State, as may be specified in the order.THE CONSTITUTION OF INDIA (Part XXI. —Temporary, Transitional and Special Provisions .—Art. 371D.)252 (4) An order made under clause (3) may— (a) authorise the Administrative Tribunal to receive representations for the redress of grievancesrelating to any matter within its jurisdiction as thePresident may specify in the order and to make suchorders thereon as the Administrative Tribunal deemsfit; (b) contain such provisions with respect to the powers and authorities and procedure of theAdministrative Tribunal (including provisions withrespect to the powers of the Administrative Tribunalto punish for contempt of itself) as the Presidentmay deem necessary; (c) provide for the transfer to the Administrative Tribunal of such classes of proceedings, beingproceedings relating to matters within its jurisdictionand pending before any court (other than theSupreme Court) or tribunal or other authorityimmediately before the commencement of such order,as may be specified in the order; (d) contain such supplemental, incidental and consequential provisions (including provisions as tofees and as to limitation, evidence or for theapplication of any law for the time being in forcesubject to any exceptions or modifications) as thePresident may deem necessary. 1(5) The Order of the Administrative Tribunal finally disposing of any case shall become effective upon itsconfirmation by the State Government or on the expiry ofthree 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 1In 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 beunconstitutional and void.THE CONSTITUTION OF INDIA (Part XXI. —Temporary, Transitional and Special Provisions .—Art. 371D.)253 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 effectonly in such modified form or be of no effect, as the casemay be. (6) Every special order made by the State Government under the proviso to clause (5) shall be laid, as soon asmay be after it is made, before both Houses of the StateLegislature. (7) The High Court for the State shall not have any powers of superintendence over the AdministrativeTribunal and no court (other than the Supreme Court) ortribunal shall exercise any jurisdiction, power or authorityin respect of any matter subject to the jurisdiction, poweror authority of, or in relation to, the AdministrativeTribunal. (8) If the President is satisfied that the continued existence of the Administrative T ribunal is not necessary, the President may by order abolish the AdministrativeTribunal and make such provisions in such order as hemay deem fit for the transfer and disposal of casespending before the Tribunal immediately before suchabolition. (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 localauthority within, the State of Hyderabad as itexisted before that date; or (ii) made before the commencement of the Constitution (Thirty-second Amendment) Act,1973, to any post under the Government of, orany local or other authority within, the State ofAndhra Pradesh; andTHE CONSTITUTION OF INDIA (Part XXI. —Temporary, Transitional and Special Provisions .—Art. 371D.)254 (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 theappointment, posting, promotion or transfer of such person was not made in accordance with any law, then in force, providing for any requirement as to residencewithin the State of Hyderabad or, as the case may be,within any part of the State of Andhra Pradesh, in respectof such appointment, posting, promotion or transfer. (10) The provisions of this article and of any order made by the President thereunder shall have effectnotwithstanding anything in any other provision of thisConstitution or in any other law for the time being in force. 371E. Parliament may by law provide for the establishment of a University in the State of Andhra Pradesh.] 1[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 appointedday)— (i) the Assembly for Sikkim formed as a result of the elections held in Sikkim in April, 1974 withthirty-two members elected in the said elections (hereinafter referred to as the sitting members) shall be deemed to be the Legislative Assemblyof the State of Sikkim duly constituted under thisConstitution;Establishment of Central Universityin Andhra Pradesh. Special provisions with respect to theState of Sikkim. 1Ins. by the Constitution (Thirty-sixth Amendment) Act, 1975, s. 3 (w.e.f. 26-4-1975).THE CONSTITUTION OF INDIA (Part XXI. —Temporary, Transitional and Special Provisions .—Arts. 371D—371 F.)255 (ii) the sitting members shall be deemed to be the members of the Legislative Assembly of theState of Sikkim duly elected under thisConstitution; and (iii) the said Legislative Assembly of the State of Sikkim shall exercise the powers and performthe functions of the Legislative Assembly of a Stateunder this Constitution; (c) in the case of the Assembly deemed to be the Legislative Assembly of the State of Sikkim underclause ( b), the references to the period of 1[five years], in clause (1) of article 172 shall be construed asreferences to a period of 2[four years] and the said period of 2[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 Sikkimone seat in the House of the People and the State ofSikkim shall form one parliamentary constituencyto be called the parliamentary constituency forSikkim; (e) the representative of the State of Sikkim in the House of the People in existence on the appointedday shall be elected by the members of the LegislativeAssembly of the State of Sikkim; (f) Parliament may, for the purpose of protecting the rights and interests of the different sections ofthe population of Sikkim make provision for thenumber of seats in the Legislative Assembly of theState of Sikkim which may be filled by candidatesbelonging to such sections and for the delimitationof the assembly constituencies from which candidates 1Subs. 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 theConstitution (Forty-second Amendment) Act, 1976, s. 56 (w.e.f. 3-1-1977). 2Subs. 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” bythe Constitution (Forty-second Amendment) Act, 1976, s. 56 (w.e.f. 3-1-1977).THE CONSTITUTION OF INDIA (Part XXI. —Temporary, Transitional and Special Provisions .—Art. 371F.)256 belonging to such sections alone may stand for election to the Legislative Assembly of the State ofSikkim; (g) the Governor of Sikkim shall have special responsibility for peace and for an equitablearrangement for ensuring the social and economic advancement of different sections of the population of Sikkim and in the discharge of his specialresponsibility 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 anyother 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 theHigh 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 territoryof 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 theState of Sikkim or any part thereof shall continue to be in force therein until amended or repealed by a competent Legislature or other competentauthority;THE CONSTITUTION OF INDIA (Part XXI. —Temporary, Transitional and Special Provisions .—Art. 371F.)257 (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 Sikkimand for the purpose of bringing the provisions ofany such law into accord with the provisions of thisConstitution, the President may, within two yearsfrom the appointed day, by order, make suchadaptations and modifications of the law, whetherby way of repeal or amendment, as may be necessaryor expedient, and thereupon, every such law shallhave effect subject to the adaptations andmodifications so made, and any such adaptation ormodification shall not be questioned in any court oflaw; (m) neither the Supreme Court nor any other court shall have jurisdiction in respect of any dispute orother matter arising out of any treaty, agreement,engagement or other similar instrument relating toSikkim which was entered into or executed beforethe appointed day and to which the Government ofIndia or any of its predecessor Governments was aparty, but nothing in this clause shall be construedto derogate from the provisions of article 143; (n) the President may, by public notification, extend with such restrictions or modifications as hethinks fit to the State of Sikkim any enactment whichis in force in a State in India at the date of thenotification; (o) if any difficulty arises in giving effect to any of the foregoing provisions of this article, the Presidentmay, by order 1, do anything (including any adaptation or modification of any other article) whichappears to him to be necessary for the purpose ofremoving that difficulty: Provided that no such order shall be made after the expiry of two years from the appointed day; 1See the Constitution (Removal of Difficulties) Order No. XI (C.O. 99).THE CONSTITUTION OF INDIA (Part XXI. —Temporary, Transitional and Special Provisions .—Art. 371F.)258 (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 commencingon the appointed day and ending immediately beforethe date on which the Constitution (Thirty-sixthAmendment) Act, 1975, receives the assent of thePresident 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 validlydone or taken under this Constitution as soamended.] 1[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 customarylaw, (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 ofMizoram immediately before the commencement ofthe Constitution (Fifty-third Amendment) Act, 1986; (b) the Legislative Assembly of the State of Mizoram shall consist of not less than forty members.] 2[371H. Notwithstanding anything in this Constitution,— (a) the Governor of Arunachal Pradesh shall have special responsibility with respect to law and orderSpecial provision with respect to theState of Mizoram. Special provision with respect to theState of ArunachalPradesh. 1Ins. by the Constitution (Fifty-third Amendment) Act, 1986, s. 2 (w.e.f. 20-2-1987). 2Ins. by the Constitution (Fifty-fifth Amendment) Act, 1986, s. 2 (w.e.f. 20-2-1987).THE CONSTITUTION OF INDIA (Part XXI. —Temporary, Transitional and Special Provisions .—Arts. 371F—371 H.)259 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 theexercise 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 notbe 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 tohave 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 havesuch 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.] 1[371-I. Notwithstanding anything in this Constitution, the Legislative Assembly of the State of Goa shall consist of not less than thirty members.] 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 immediatelybefore the commencement of this Constitution shall continue in force therein until altered or repealed or amended by a competent Legislature or other competentauthority. (2) For the purpose of brining the provisions of any law in force in the territory of India into accord with theSpecial provision with respect to theState of Goa. Continuance in force of existinglaws and theiradaptation. 1Ins. by the Constitution (Fifty-sixth Amendment) Act, 1987, s. 2 (w.e.f. 30-5-1987).THE CONSTITUTION OF INDIA (Part XXI. —Temporary, Transitional and Special Provisions .—Arts. 371H—372.)260 provisions of this Constitution, the President may by order1 make such adaptations and modifications of such law, whether by way of repeal or amendment, as may benecessary or expedient, and provide that the law shall, asfrom such date as may be specified in the order, haveeffect subject to the adaptations and modifications somade, 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 2[three years] from the commencement of this Constitution; or (b) to prevent any competent Legislature or other competent authority from repealing or amending anylaw 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 Legislatureor other competent authority in the territory of India beforethe 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 territoryof 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 suchadaptations and modifications as aforesaid, contiue to have such extra-territorial effect. 1See 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, PartII, Section 3, p. 287, Notification No. S.R.O. 1140B, dated 2nd July, 1952, Gazette of India,Extraordinary, 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. 2Subs. by the Constitution (First Amendment) Act, 1951, s. 12, for “two years”.THE CONSTITUTION OF INDIA (Part XXI. —Temporary, Transitional and Special Provisions .—Art. 372.)261 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 onwhich it would have expired if this Constitution had notcome into force. Explanation IV. —An Ordinance promulgated by the Governor of a Province under section 88 of theGovernment of India Act, 1935, and in force immediately before the commencement of this Constitution shall, unless withdrawn by the Governor of the corresponding Stateearlier, cease to operate at the expiration of six weeksfrom the first meeting after such commencement of theLegislative Assembly of that State functioning underclause (1) of article 382, and nothing in this article shall be construed as continuing any such Ordinance in force beyond the said period. 1[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 theConstitution (Seventh Amendment) Act, 1956, into accord with the provisions of this Constitution as amended by that Act, the President may by order 2 made before the first day of November, 1957, make such adaptations andmodifications of the law, whether by way of repeal oramendment, as may be necessary or expedient, andprovide 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 suchadaptation or modification shall not be questioned inany 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.] 373. Until provision is made by Parliament under clause (7) of article 22, or until the expiration of one yearfrom the commencement of this Constitution, whicheveris earlier, the said article shall have effect as if for any reference to Parliament in clauses (4) and (7) thereof therePower of the President to adapt laws. 1Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 23. 2See the Adaptation of Laws Orders of 1956 and 1957.Power of President to make order inrespect of personsunder preventivedetention in certaincases.THE CONSTITUTION OF INDIA (Part XXI. —Temporary, Transitional and Special Provisions .—Arts. 372—373.)262 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 bythe President. 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 theSupreme Court and shall thereupon be entitled to suchsalaries and allowances and to such rights in respectof 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 thecommencement of this Constitution shall stand removedto 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 ormade before the commencement of this Constitution shallhave the same force and effect as if they had beendelivered 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 inrespect of, any judgment, decree or order of any courtwithin the territory of India in so far as the exercise ofsuch jurisdiction is authorised by law, and any order ofHis 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 orderor decree made by the Supreme Court in the exercise ofthe jurisdiction conferred on such Court by thisConstitution. (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 theProvisions as to Judges of theFederal Court andproceedingspending in theFederal Court orbefore His Majestyin Council.THE CONSTITUTION OF INDIA (Part XXI. —Temporary, Transitional and Special Provisions .—Art. 373-374.)263 First Schedule to entertain and dispose of appeals and petitions from or in respect of any judgment, decree ororder of any court within that State shall cease, and allappeals and other proceedings pending before the saidauthority 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. 375. All courts of civil, criminal and revenue jurisdiction, all authorities and all officers, judicial,executive and ministerial, throughout the territory ofIndia, shall continue to exercise their respective functionssubject to the provisions of this Constitution. 376. (1) Notwithstanding anything in clause (2) of article 217, the Judges of a High Court in any Provinceholding office immediately before the commencement ofthis Constitution shall, unless they have elected otherwise,become on such commencement the Judges of the HighCourt in the corresponding State, and shall thereupon beentitled to such salaries and allowances and to suchrights in respect of leave of absence and pension as areprovided for under article 221 in respect of the Judges ofsuch High Court. 1[Any such Judge shall, notwithstanding that he is not a citizen of India, be eligible for appointmentas Chief Justice of such High Court, or as Chief Justice orother 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 FirstSchedule holding office immediately before thecommencement of this Constitution shall, unless theyhave elected otherwise, become on such commencementthe Judges of the High Court in the State so specifiedand 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 expirationof such period as the President may by order determine.Courts, authoritiesand officers tocontinue tofunction subject tothe provisions ofthe Constitution. Provisions as to Judges of HighCourts. 1Added by the by the Constitution (First Amendment) Act, 1951, s. 13.THE CONSTITUTION OF INDIA (Part XXI. —Temporary, Transitional and Special Provisions .—Arts. 374—376.)264 (3) In this article, the expression “Judge” does not include an acting Judge or an additional Judge. 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 ofabsence 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 tohold office until the expiration of his term of office as determined under the provisions which were applicable to him immediately before such commencement. 378. (1) The members of the Public Service Commission for the Dominion of India holding office immediately before the commencement of thisConstitution 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