367. Interpretation.—
(1) Unless the context otherwise requires, the
General Clauses Act, 1897, shall, subject to any adaptations and modifications
that may be made therein under article 372, apply for the interpretation of this
Constitution as it applies for the interpretation of an Act of the Legislature of
the Dominion of India.
(2) Any reference in this Constitution to Acts or laws of, or made by,
Parliament, or to Acts or laws of, or made by, the Legislature of a State 2***,
shall be construed as including a reference to an Ordinance made by the
President or, to an Ordinance made by a Governor 3***, as the case may be.
(3) For the purposes of this Constitution “foreign State” means any State
other than India:
Provided that , subject to the provisions of any law made by Parliament,
the President may by order4 declare any State not to be a foreign State for such
purposes as may be specified in the order.
5
[
(4) * * * *]
______________________________________________
1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. for cl.
(30)
(w.e.f. 1-11-1956).
2. The words and letters "specified in Part A or Part B of the First Schedule" omitted by
s. 29 and Sch., ibid. (w.e.f. 1-11-1956).
3. The words "or Rajpramukh" omitted by s. 29 and Sch., ibid. (w.e.f. 1-11-1956).
4. See the Constitution (Declaration as to Foreign States) Order, 1950 (C.O. 2).
5. Added by the Constitution (Application to Jammu and Kashmir) Order, 2019
(C.O. 272) (w.e.f. 5-8-2019), for the text of this C.O., see Appendix II.
PART XX
AMENDMENT OF THE CONSTITUTION
368. 1[Power of Parliament to amend the Constitution and
procedure therefor].— 2[
(1) Notwithstanding anything in this Constitution,
Parliament may in exercise of its constituent power amend by way of addition,
variation or repeal any provision of this Constitution in accordance with the
procedure laid down in this article.]
3
[
(2)] An amendment of this Constitution may be initiated only by the
introduction of a Bill for the purpose in either House of Parliament, and when
the Bill is passed in each House by a majority of the total membership of that
House and by a majority of not less than two-thirds of the members of that
House present and voting, 4[it shall be presented to the President who shall give
his assent to the Bill and thereupon] the Constitution shall stand amended in
accordance with the terms of the Bill:
Provided that if such amendment seeks to make any change in—
(a) article 54, article 55, article 73, 5[ article 162, article 241 or
article 279A]; or
(b) Chapter IV of Part V, Chapter V of Part VI, or Chapter I of Part XI; or
(c) any of the Lists in the Seventh Schedule; or
(d) the representation of States in Parliament; or
(e) the provisions of this article,
______________________________________________
1. Subs. by the Constitution (Twenty-fourth Amendment) Act, 1971, s. 3, for "Procedure
for amendment of the Constitution" (w.e.f. 5-11-1971).
2. Ins. by s. 3, ibid. (w.e.f. 5-11-1971).
3. Art. 368 re-numbered as cl.
(2) thereof by s. 3, ibid. (w.e.f. 5-11-1971).
4. Subs. by s. 3, ibid., (w.e.f. 5-11-1971).
5. Subs. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 15, for the
words and figures "article 162 or article 241" (w.e.f. 16-9-2016).
228
229 THE CONSTITUTION OF INDIA
(Part XX.—Amendment of the Constitution)
the amendment shall also require to be ratified by the Legislatures of not less
than one-half of the States 1*** by resolutions to that effect passed by those
Legislatures before the Bill making provision for such amendment is presented
to the President for assent.
2
[
(3) Nothing in article 13 shall apply to any amendment made under this
article.]
3
[
(4) No amendment of this Constitution (including the provisions of
Part III) made or purporting to have been made under this article [whether before
or after the commencement of section 55 of the Constitution (Forty-second
Amendment) Act, 1976] shall be called in question in any court on any ground.
(5) For the removal of doubts, it is hereby declared that there shall be no
limitation whatever on the constituent power of Parliament to amend by way of
addition, variation or repeal the provisions of this Constitution under this article.]
______________________________________________
1. The words and letters "specified in Part A and Part B of the First Schedule" omitted by
the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
2. Ins. by the Constitution (Twenty-fourth Amendment) Act, 1971, s. 3 (w.e.f. 5-11-1971).
3. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 55 (w.e.f. 3-1-1977).
This section has been declared invalid by the Supreme Court in Minerva Mills Ltd.
and Others Vs. Union of India and Others AIR 1980 SC 1789.
PART XXI
1
[TEMPORARY, TRANSITIONAL AND
SPECIAL PROVISIONS]
369. Temporary power to Parliament to make laws with respect to
certain matters in the State List as if they were matters in the Concurrent
List.—Notwithstanding anything in this Constitution, Parliament shall, during
a period of five years from the commencement of this Constitution, have power
to make laws with respect to the following matters as if they were enumerated
in the Concurrent List, namely:—
(a) trade and commerce within a State in, and the production, supply
and distribution of, cotton and woollen textiles, raw cotton (including
ginned cotton and unginned cotton or kapas), cotton seed, paper
(including newsprint), food-stuffs (including edible oilseeds and oil),
cattle fodder (including oil-cakes and other concentrates), coal
(including coke and derivatives of coal), iron, steel and mica;
(b) offences against laws with respect to any of the matters mentioned
in clause
(a), jurisdiction and powers of all courts except the Supreme
Court with respect to any of those matters, and fees in respect of any of
those matters but not including fees taken in any court,
but any law made by Parliament, which Parliament would not but for the
provisions of this article have been competent to make, shall, to the extent of the
incompetency, cease to have effect on the expiration of the said period, except as
respects things done or omitted to be done before the expiration thereof.
______________________________________________
1. Subs. by the Constitution (Thirteenth Amendment) Act, 1962, s. 2, for "TEMPORARY
AND TRANSITIONAL PROVISIONS" (w.e.f. 1-12-1963).
230
231 THE CONSTITUTION OF INDIA
(Part XXI.—Temporary, Transitional and Special Provisions)
1
[370. Temporary provisions with respect to the State of Jammu
and Kashmir.—
(1) Notwithstanding anything in this Constitution,—
(a) the provisions of article 238 shall not apply in relation to the State
of Jammu and Kashmir;
(b) the power of Parliament to make laws for the said State shall be
limited to—
(i) those matters in the Union List and the Concurrent List
which, in consultation with the Government of the State, are declared
by the President to correspond to matters specified in the Instrument
of Accession governing the accession of the State to the Dominion of
India as the matters with respect to which the Dominion Legislature
may make laws for that State; and
______________________________________________
In exercise of the powers conferred by clause
(3) of article 370 read with clause
(1) of
article 370 of the Constitution of India, the President, on the recommendation of
Parliament, is pleased to declare that, as from the 6 th August, 2019 all clauses of said
article 370 shall cease to be operative except the following which shall read as under,
namely:—
“370. All provisions of this Constitution, as amended from time to time,
without any modifications or exceptions, shall apply to the State of Jammu and
Kashmir notwithstanding anything contrary contained in article 152 or article 308 or
any other article of this Constitution or any other provision of the Constitution of
Jammu and Kashmir or any law, document, judgment, ordinance, order, by-law, rule,
regulation, notification, custom or usage having the force of law in the territory of
India, or any other instrument, treaty or agreement as envisaged under article 363 or
otherwise.”.
(See Appendix III) (C.O. 273).
1. In exercise of the powers conferred by clause
(3) of the Constitution of India, 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.”.
(C.O. 44, dated the 15th November, 1952).
*Now “Governor”.
232 THE CONSTITUTION OF INDIA
(Part XXI.—Temporary, Transitional and Special Provisions)
(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 1[clause
(2) of Legislative
Assembly of the State] shall be necessary before the President issues such a
notification.
______________________________________________
See Appendix II.
1. Subs. by C.O. 272, dated the 5-8-2019, s.2. for “Constituent Assembly of the State
referred to in clause
(2)” (w.e.f. 5-8-2019).
233 THE CONSTITUTION OF INDIA
(Part XXI.—Temporary, Transitional and Special Provisions)
1
[371. Special provision with respect to the States of 2***
Maharashtra and Gujarat.—3[
(1)* * * * *]
(2) Notwithstanding anything in this Constitution, the President may by
order made with respect to 4[the State of Maharashtra or Gujarat], provide for
any special responsibility of the Governor for—
(a) the establishment of separate development boards for Vidarbha,
Marathwada, 5[and the rest of Maharashtra or, as the case may be],
Saurashtra, Kutch and the rest of Gujarat with the provision that a report
on the working of each of 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.]
6
[371A. Special provision with respect to the State of Nagaland.—
(1)
Notwithstanding anything in this Constitution,—
(a) no Act of Parliament in respect of—
(i) religious or social practices of the Nagas;
(ii) Naga customary law and procedure;
(iii) administration of civil and criminal justice involving
decisions according to Naga customary law;
(iv) ownership and transfer of land and its resources,
shall apply to the State of Nagaland unless the Legislative Assembly of
Nagaland by a resolution so decides;
______________________________________________
1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 22, for art. 371
(w.e.f. 1-11-1956).
2. The words "Andhra Pradesh", omitted by the Constitution (Thirty-second Amendment)
Act, 1973, s. 2 (w.e.f. 1-7-1974).
3. Cl.
(1) omitted by s. 2, ibid. (w.e.f. 1-7-1974).
4. Subs. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 85, for "the State of
Bombay" (w.e.f. 1-5-1960).
5. Subs. by s. 85, ibid., for "the rest of Maharashtra" (w.e.f. 1-5-1960).
6. Art. 371A ins. by the Constitution (Thirteenth Amendment) Act, 1962, s. 2
(w.e.f. 1-12-1963).
234 THE CONSTITUTION OF INDIA
(Part XXI.—Temporary, Transitional and Special Provisions)
(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;
235 THE CONSTITUTION OF INDIA
(Part XXI.—Temporary, Transitional and Special Provisions)
(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 aforesaid1;
______________________________________________
1. 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.".
236 THE CONSTITUTION OF INDIA
(Part XXI.—Temporary, Transitional and Special Provisions)
(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.]
1
[371B. Special provision with respect to the State of Assam.—
Notwithstanding anything in this Constitution, the President may, by order
made with respect to the State of Assam, provide for the constitution and
functions of a committee of the Legislative Assembly of the State consisting of
______________________________________________
1. Ins. by the Constitution (Twenty-second Amendment) Act, 1969, s. 4 (w.e.f. 25-9-1969).
237 THE CONSTITUTION OF INDIA
(Part XXI.—Temporary, Transitional and Special Provisions)
members of that Assembly elected from the tribal areas specified in 1[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.]
2
[371C. Special provision with respect to the State of Manipur.—
(1)
Notwithstanding anything in this Constitution, the President may, by order made
with respect to the State of Manipur, provide for the constitution and functions of
a committee of the Legislative Assembly of the State consisting of members of
that Assembly elected from the Hill Areas of that State, for the modifications to
be made in the rules of business of the Government and in the rules of procedure
of the Legislative Assembly of the State and for any special responsibility of the
Governor in order to secure the proper functioning of such committee.
(2) The Governor shall annually, or whenever so required by the President,
make a report to the President regarding the administration of the Hill Areas in
the State of Manipur and the executive power of the Union shall extend to the
giving of directions to the State as to the administration of the said areas.
Explanation.—In this article, the expression “Hill Areas” means such
areas as the President may, by order, declare to be Hill areas.]
3
[371D. Special provisions with respect to 4[the State of Andhra
Pradesh or the State of Telangana].—5[
(1) 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.]
______________________________________________
1. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71, for
"Part A" (w.e.f. 21-1-1972).
2. Art 371C ins. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 5
(w.e.f. 15-2-1972).
3. Art 371D and Art 371E ins. by the Constitution (Thirty-second Amendment) Act,
1973, s. 3 (w.e.f. 1-7-1974).
4. Subs. by the Andhra Pradesh Reorganisation Act, 2014, (6 of 2014), s. 97, for “the
State of Andhra Pradesh” (w.e.f. 2-6-2014).
5. Subs. by s. 97, ibid, for cl.
(1) (w.e.f. 2-6-2014).
238 THE CONSTITUTION OF INDIA
(Part XXI.—Temporary, Transitional and Special Provisions)
(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 1[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:—
______________________________________________
1. Subs. by the Andhra Pradesh Reorganisation Act, 2014, (6 of 2014), s. 97, for “the
State of Andhra Pradesh” (w.e.f. 2-6-2014).
239 THE CONSTITUTION OF INDIA
(Part XXI.—Temporary, Transitional and Special Provisions)
(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 Admin
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