INDIA LAW LOOK: AMENDMENTS SECTION OF: 1-7

Friday, September 29, 2023

AMENDMENTS SECTION OF: 1-7

THE CONSTITUTION (FORTY-SECOND AMENDMENT) ACT, 1976

SECTION OF: 1-7

FORTY-SECOND AMENDMENT

Statement of Objects and Reasons appended to the Constitution(Forty-fourth Amendment) Bill, 1976 (Bill No. 91 of 1976) which was enacted as THE CONSTITUTION (Forty-second Amendment) Act, 1976

STATEMENT OF OBJECTS AND REASON

A Constitution to be living must be growing. If the impediments tothe growth of the Constitution are not removed, the Constitution willsuffer a virtual atrophy. The question of amending the Constitutionfor removing the difficulties which have arisen in achieving theobjective of socio-economic revolution, which would end poverty andignorance and disease and inequality of opportunity, has been engagingthe active attention of Government and the public for some years now.

2. The democratic institutions provided in the Constitution arebasically sound and the path for progress does not lie in denigratingany of these institutions. However, there could be no denial thatthese institutions have been subjected to considerable stresses andstrains and that vested interests have been trying to promote theirselfish ends to the great detriment of public good.

3. It is, therefore, proposed to amend the Constitution to spell outexpressly the high ideals of socialism, secularism and the integrityof the nation, to make the directive principles more comprehensive andgive them precedence over those fundamental rights which have beenallowed to be relied upon to frustrate socio-economic reforms forimplementing the directive principles. It is also proposed to specifythe fundamental duties of the citizens and make special provisions fordealing with anti-national activities, whether by individuals orassociations.

4. Parliament and the State Legislatures embody the will of thepeople and the essence of democracy is that the will of the peopleshould prevail. Even though article 368 of the Constitution is clearand categoric with regard to the all inclusive nature of the amendingpower, it is considered necessary to put the matter beyond doubt. Itis proposed to strengthen the presumption in favour of the constitutionality of legislation enacted by Parliament and state legislatures by providing for a requirements as to the minimum numberof Judges for determining questions as to the constitutionality oflaws and for a special majority of not less than two-thirds fordeclaring any law to be constitutionally invalid. It is also proposedto take away the jurisdiction of High Courts with regard todetermination of Constitutional validity of Central laws and conferexclusive jurisdiction in this behalf on the Supreme Court so as toavoid multiplicity of proceedings with regard to validity of the sameCentral law in different High Courts and the consequent possibility ofthe Central law being valid in one State and invalid in another State.

5. To reduce the mounting arrears in High Courts and to secure the speedy disposal of service matters, revenue matters and certain other matters of special importance in the context of the socio-economic development and progress, it is considered expedient to provide for administrative and other tribunals for dealing with such matters while preserving the jurisdiction of the Supreme Court in regard to such matters under article 136 of the Constitution. It is also necessary to make certain modifications in the writ jurisdiction of the high courts under article 226.

6. It is proposed to avail of the present opportunity to make certain other amendments which have 7. The various amendments proposed in the Bill have been explained inthe notes on clauses.

8. The Bill seeks to achieve the above objects.

NEW DELHI; H. R. GOKHALE.

The 28th August, 1976

THE CONSTITUTION (FORTY-SECOND AMENDMENT) ACT, 1976 -------------- ARRANGEMENT OF SECTIONS ------------SECTIONS

1. Short title and commencement.

2. Amendment of the Preamble.

3. Insertion of new sub-heading after article 31.

4. Amendment of article 31C.

5. Insertion of new article 31D.

6. Insertion of new article 32A.

7. Amendment of article 39.

8. Insertion of new article 39A.

9. Insertion of new article 43A.

10. Insertion of new article 48A.

11. Insertion of new Part IVA.

12. Amendment of article 55.

13. Amendment of article 74.

14. Amendment of article 77.

15. Amendment of article 81.

16. Amendment of article 82.

17. Amendment of article 83.

18. Amendment of article 100.

19. Amendment of article 102.

20. Substitution of new article for article 103.

21. Amendment of article 105.

22. Amendment of article 118.

23. Insertion of new article 131A.

24. Insertion of new article 139A.

25. Insertion of new article 144A.

26. Amendment of article 145.

27. Substitution of new article for article 150.

28. Amendment of article 166.

29. Amendment of article 170.

30. Amendment of article 172.

31. Amendment of article 189.

32. Amendment of article 191.

33. Substitution of new article for article 192.

34. Amendment of article 194.

35. Amendment of article 208.

36. Amendment of article 217.

37. Amendment of article 225.

38. Substitution of new article for article 226.

39. Insertion of new article 226A.

40. Amendment of article 227.

41. Amendment of article 228.

42. Insertion of new article 228A.

43. Insertion of new article 257A.

44. Amendment of article 311.

45. Amendment of article 312.

46. Insertion of new Part XIVA.

47. Amendment of article 330.

48. Amendment of article 352.

49. Amendment of article 353.

50. Amendment of article 356.

51. Amendment of article 357.

52. Amendment of article 358.

53. Amendment of article 359.

54. Amendment of article 366.

55. Amendment of article 368.

56. Amendment of article 371F.

57. Amendment of the Seventh Schedule.

58. Special provisons as to pending petitions under article 226.

59. Power of the President to remove difficulties.

THE CONSTITUTION (FORTY-SECOND AMENDMENT) ACT, 1976

[18th December, 1976.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Twenty-seventh Year of the Republicof India as follows:-

1. Short title and commencement.- (1) This Act may be called theConstitution (Forty-second Amendment) Act, 1976.

(2) It shall come into force on such date as the Central Governmentmay, by notification in the Official Gazette, appoint and differentdates may be appointed for different provisions of this Act.

2. Amendment of the Preamble.- In the Preamble to the Constitution,-

(a) for the words "SOVEREIGN DEMOCRATIC REPUBLIC" the words "SOVEREIGNSOCIALIST SECULAR DEMOCRATIC REPUBLIC" shall be substituted; and

(b) for the words "unity of the Nation", the words "unity andintegrity of the Nation" shall be substituted.

3. Insertion of new sub-heading after article 31.-After article 31 ofthe Constitution, the following sub-heading shall be inserted,namely:---

"Saving of Certain Laws"

4. Amendment of article 31C.-In article 31C of the Constitution, forthe words, brackets, letters and figures "the principles specified inclause (b) or clause (c) of article 39", the words and figures "all orany of the principles laid down in Part IV" shall be substituted.

5. Insertion of new article 31D.-After article 31C of theConstitution and before the sub-heading "Right to ConstitutionalRemedies", the following article shall be inserted, namely:---

31D. Saving of laws in respect of anti-national activities.- (1)Notwithstanding anything contained in article 13, no law providing for-

(a) the prevention or prohibition of anti-national activities; or

(b) the prevention of formation of, or the prohibition of,anti-national associations,

shall be deemed to be void on the ground that it is inconsistent with,or takes away or abridges any of the rights conferred by, article14, article 19 or article 31.

(2) Notwithstanding anything in this Constitution, Parliament shallhave, and the Legislature of a State shall not have, power to makelaws with respect to any of the matters referred to in sub-clause (a)or sub-clause (b) of clause (1).

(3) Any law with respect to any matter referred to in sub-clause (a)or sub-clause (b) of clause (1) which is in force immediately beforethe commencement of section 5 of the Constitution (Forty-secondAmendment) Act, 1976, shall continue in force until altered orrepealed or amended by Parliament.

(4) In this article,-

(a) "association" means an association of persons;

(b) "anti-national activity", in relation to an individual orassociation, means any action taken by such individual orassociation-

(i) which is intended, or which supports any claim, to bring about, onany ground whatsoever, the cession of a part of the territory of Indiaor the secession of a part of the territory of India or which incitiesany individual or association to bring about such cession orsecession;

(ii) which disclaims, questions, threatens, disrupts or is intended tothreaten or disrupt the sovereignty and integrity of India or thesecurity of the State or the unity of the nation;

(iii) which is intended, or which is part of a scheme which isintended, to overthrow by force the Government as by law established;

(iv) which is intended, or which is part of a scheme which isintended, to create internal disturbance or the disruption of publicservices;

(v) which is intended, or which is part of a scheme which is intended,to threaten or disrupt harmony between different religious, racial,language or regional groups or castes or communities;

(i) which has for its object any anti-national activity;

(ii) which encourages or aids persons to undertake or engage in any anti-national activity;

(iii) the members whereof undertake or engage in any anti-nationalactivity.'.

6. Insertion of new article 32A.-After article 32 ofthe Constitution, the following article shall be inserted, namely:-

"32A. Constitutional validity of State laws not to be considered inproceedings under article 32.-Notwithstanding anything in article 32,the Supreme Court shall not consider the constitutional validity ofany State law in any proceedings under that article unless theconstitutional validity of any Central law is also in issue in suchproceedings.".

7. Amendment of article 39.-In article 39 of the Constitution, forclause (f), the following clause shall be substituted, namely:-

"(f) that children are given opportunities and facilities to developin a healthy manner and in conditions of freedom and dignity and thatchildhood and youth are protected against exploitation and againstmoral and material abandonment.".

8. Insertion of new article 39A.-After article 39 of theConstitution, the following article shall be inserted, namely:---

"39A. Equal justice and free legal aid.-The State shall secure thatthe operation of the legal system promotes justice, on a basis ofequal opportunity, and shall, in particular, provide free legal aid,by suitable legislation or schemes or in any other way, to ensure thatopportunities for securing justice are not denied to any citizen byreason of economic or other disabilities.".

9. Insertion of new article 43A.-After article 43 of theConstitution, the following article shall be inserted, namely:---

"43A. Participation of workers in management of industries.-The Stateshall take steps, by suitable legislation or in any other way, tosecure the participation of workers in the management of undertakings,establishments or other organisations engaged in any industry.".

10. Insertion of new article 48A.-After article 48 of theConstitution, the following article shall be inserted, namely:---

"48A. Protection and improvement of environment and safeguarding offorests and wild life.-The State shall endeavour to protect andimprove the environment and to safeguard the forests and wild life ofthe country.".

Insertion of new Part IVA.

11. Insertion of new Part IVA.-After Part IV of the Constitution, thefollowing Part shall be inserted, namely:-

"PART IVA (FUNDAMENTAL DUTIES)

51A. Fundamental duties.-It shall be the duty of every citizen of India---

(a) to abide by the Constitution and respect its ideals andinstitutions, the National Flag and the National Anthem;

(b) to cherish and follow the noble ideals which inspired our nationalstruggle for freedom;

(d) to defend the country and render national service when called uponto do so;

(e) to promote harmony and the sprit of common brotherhood amongst allthe people of India transcending religious, linguistic and regional orsectional diversities; to renounce practices derogatory to thedignity of women;

(f) to value and preserve the rich heritage of our composite culture;

(g) to protect and improve the natural environment including forests,lakes, rivers and wild life, and to have compassion for livingcreatures;

(h) to develop the scientific temper, humanism and the sprit ofinquiry and reform;

(i) to safeguard public property and to abjure violence;

(j) to strive towards excellence in all spheres of individual andcollective activity so that the nation constantly rises to higherlevels of endeavour and achievement.".

12. Amendment of article 55.-In article 55 of the Constitution, forthe Explanation, the following Explanation shall be substituted,namely:-

`Explanation.-In this article, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published:

Provided that the reference in this Explanation to the last precedingcensus of which the relevant figures have been published shall, untilthe relevant figures for the first census taken after the year 2000have been published, be construed as a reference to the 1971 census.'.

13. Amendment of article 74.-In article 74 of the Constitution, forclause (1), the following clause shall be substituted, namely:-

"(1) There shall be a Council of Ministers with the Prime Minister atthe head to aid and advise the President who shall, in the exercise ofhis functions, act in accordance with such advice.".

14. Amendment of article 77.-In article 77 of the Constitution, after clause (3), the following clause shall be inserted, namely:

"(4) No court or other authority shall be entitled to require the production of any rules made under clause (3) for the more convenient transaction of the business of the Government of India.".

15. Amendment of article 81.-In article 81 of the Constitution, to clause (3), the following proviso shall be added, namely:-

"Provided that the reference in this clause to the last precedingcensus of which the relevant figures have been published shall, untilthe relevant figures for the first census taken after the year 2000 have been published, be construed as a reference to the 1971 census.".

16. Amendment of article 82.-In article 82 of the Constitution, afterthe proviso, the following provisos shall be inserted, namely:---

"Provided further that such readjustment shall take effect from such date as the President may, by order, specify and until such readjustment takes effect, any election to the House may be held on the basis of the territorial constituencies existing before such readjustment:

[ Provided also that until the relevant figures for the first censustaken after the year 2000 have been published, it shall not be necessary to readjust the allocation of seats in the House of the People to the States and the division of each State into territorial constituencies under this article.".

17. Amendment of article 83.-(1) In article 83 of the Constitution,in clause (2), for the words "five years" in the two places where theyoccur, the words "six years" shall be substituted.

(2) The amendments made by sub-section (1) to clause (2) of article 83shall apply also to the House of the People in existence on the dateof coming into force of this section without prejudice to the power ofParliament with respect to the extension of the duration of that Houseunder the proviso to that clause

18. Amendment of article 100.-In article 100 of the Constitution,clauses (3) and (4) shall be omitted.

19. Amendment of article 102.-In article 102 of the Constitution, forsub-clause (a) of clause (1), the following sub-clause shall be substituted, namely:-

"(a) if he holds any such office of profit under the Government ofIndia or the Government of any State as is declared by Parliament bylaw to disqualify its holder;".

20. Substitution of new article for article 103.-For article 103 ofthe Constitution, the following article shall be substituted,namely:-

"103. Decision on questions as to disqualification.-(1) Ifany question arises-

(a) as to whether a member of either House of Parliament has becomesubject to any of the disqualifications mentioned in clause (1) ofarticle 102, or

(b) as to whether a person, found guilty of a corrupt practice at anelection to a House of Parliament under any law made by Parliament,shall be disqualified for being chosen as, and for being, a member ofeither House of Parliament, or of a House of the Legislature of a state, or as to the period for which he shall be so disqualified, or as to the removal of, or the reduction of the period of, such disqualification,

the question shall be referred for the decision of the President andhis decision shall be final.

(2) Before giving any decision on any such question, the Presidentshall consult the Election Commission and the Election Commission may,for this purpose, make such inquiry as it thinks fit.".

21. Amendment of article 105.-In article 105 of the Constitution, forclause (3), the following clause shall be substituted, namely:-

"(3) In other respects, the powers, privileges and immunities of eachHouse of Parliament, and of the members and the committees of eachHouse, shall be those of that House, and of its members andcommittees, at the commencement of section 21 of the Constitution(Forty-second Amendment) Act, 1976, and as may be evolved by suchHouse of Parliament from time to time.".

22. Amendment of article 118.-In article 118 of the Constitution, in clause (1), after the words "its procedure", the brackets and words"(including the quorum to constitute a meeting of the House)" shall be inserted.

23. Insertion of new article 131A.-After article 131 of theConstitution, the following article shall be inserted, namely:-

"131A. Exclusive jurisdiction of the Supreme Court in regard toquestions as to Constitutional validity of Central laws.- (1)Notwithstanding anything contained in any other provision of this Constitution, the Supreme Court shall, to the exclusion of any other court, have jurisdiction to determine all questions relating to the constitutional validity of any Central law.

(2) Where a High Court is satisfied-

(a) that a case pending before it or before a court subordinate to itinvolves questions as to the constitutional validity of any Centrallaw or, as the case may be, of both Central and State laws; and

(b) that the determination of such questions is necessary for thedisposal of the case,

the High Court shall refer the questions for the decision of the Supreme Court.

(3) Without prejudice to the provisions of clause (2), where, on anapplication made by the Attorney-General of India, the Supreme Courtis satisfied,-

(a) that a case pending before a High Court or before a courtsubordinate to a High Court involves questions as to theconstitutional validity of any Central law or, as the case may be, ofboth Central and State laws; and

(b) that the determination of such questions is necessary for thedisposal of the case,

the Supreme Court may require the High Court to refer the questions toit for its decision.

(4) When a reference is made under clause (2) or clause (3), the HighCourt shall stay all proceedings in respect of the case until theSupreme Court decides the questions so referred.

(5) The Supreme Court shall, after giving the parties an opportunityof being heard, decide the questions so referred, and may-

(a) either dispose of the case itself; or

(b) return the case to the High Court together with a copy of its judgment on such questions for disposal of the case in conformity with such judgment by the High Court or, as the case may be, the court subordinate to it.".

24. Insertion of new article 139A.-After article 139 of theConstitution, the following article shall be inserted, namely:-

"139A. Transfer of certain cases.-(1) If, on an application made bythe Attorney-General of India, the Supreme Court is satisfied thatcases involving the same or substantially the same questions of laware pending before it and one or more High Courts or before two ormore High Courts and that such questions are substantial questions ofgeneral importance, the Supreme Court may withdraw the case or casespending before the High Court or the High Courts and dispose of allthe cases itself.

(2) The Supreme Court may, if it deems it expedient so to do for the ends of justice, transfer any case, appeal or other proceedings pending before any High Court to any other High Court.".

25. Insertion of new article 144A.-After article 144 ofthe Constitution, the following article shall be inserted, namely:-

"144A. Special provisions as to disposal of questions relating toconstitutional validity of laws.-(1) The minimum number of Judges ofthe Supreme Court who shall sit for the purpose of determining anyquestion as to the constitutional validity of any Central law or Statelaw shall be seven.

(2) A Central law or a State law shall not be declared to beconstitutionally invalid by the Supreme Court unless a majority of notless than two-thirds of the Judges sitting for the purpose ofdetermining the question as to the constitutional validity of such lawhold it to be constitutionally invalid.".

26. Amendment of article 145.-In article 145 of the Constitution,-

(a) in clause (1), after sub-clause (c), the following sub-clauseshall be inserted, namely:-

"(cc) rules as to the proceedings in the Court under articles 131A and139A;";

(b) in clause (2), for the words, brackets and figure "provisions ofclause (3)" the words, figures, letter and brackets "provisions ofarticle 144A and of clause (3)" shall be substituted;

(c) in clause (3), for the words "The minimum number", the words,figures and letter "Subject to the provisions of article 144A, theminimum number" shall be substituted.

27. Substitution of new article for article 150.-For article 150 ofthe Constitution, the following article shall be substituted,namely:-

"150. Form of accounts of the Union and of the States.-The accountsof the Union and of the States shall be kept in such form as thePresident may, after consultation with the Comptroller andAutitor-General of India, prescribe.".

28. Amendment of article 166.-In article 166 of the Constitution,after clause (3), the following clause shall be inserted, namely:-

"(4) No court or other authority shall be entitled to require theproduction of any rules made under clause (3) for the more convenienttransaction of the business of the Government of the State.".

29. Amendment of article 170.-In article 170 of the Constitution,-

(a) in clause (2), for the Explanation, the following Explanation shall be substituted, namely:-

'Explanation.-In this clause, the expression "population" means the population as ascertained at the last preceding census of which relevant figures have been published:

(b) in clause (3), after the proviso, the following provisos shall beinserted, namely:-

"Provided further that such readjustment shall take effect from suchdate as the President may, by order, specify and until suchreadjustment takes effect, any election to the Legislative Assemblymay be held on the basis of the territorial constituencies existingbefore such readjustment:

Provided also that until the relevant figures for the first censustaken after the year 2000 have been published, it shall not be necessary to readjust the total number of seats in the legislative assembly of each State and the division of such State into territorial constituencies under this clause.".

30. Amendment of article 172.-(1) In article 172 of the Constitution,in clause (1), for the words "five years" in the two places where theyoccur, the words "six years" shall be substituted.

(2) The amendments made by sub-section (1) to clause (1) of article172 shall apply also to every Legislative Assembly (including theLegislative Assembly of the State of Kerala) in existence on the dateof coming in to force of this section without prejudice to the powerof Parliament with respect to the extension of the duration of suchAssembly under the proviso to that clause.

31. Amendment of article 189.-In article 189 of the Constitution,clauses (3) and (4) shall be omitted.

32. Amendment of article 191.-In article 191 of the Constitution, forsub-clause (a) of clause (1), the following sub-clause shall besubstituted, namely:-

"(a) if he holds any such office of profit under the Government ofIndia or the Government of any State specified in the First Scheduleas is declared by Parliament by law to disqualify its holder;".

33. Substitution of new article for article 192.-For article 192 ofthe Constitution, the following article shall be substituted,namely:-

192. Decision on questions as to disqualification.-(1) If anyquestion arises-

(a) as to whether a member of a House of the Legislature of a Statehas become subject to any of the disqualifications mentioned in clause(1) of article 191, or

(b) as to whether a person, found guilty of a corrupt practice at anelection to a House of the Legislature of a State under any law madeby Parliament, shall be disqualified for being chosen as, and forbeing a member of either House of Parliament or of a House of theLegislature of a State, or as to the period for which he shall be sodisqualified, or as to the removal of, or the reduction of the periodof, such disqualification,

the question shall be referred for the decision of the President andhis decision shall be final.

(2) Before giving any decision on any such question, the Presidentshall consult the Election Commission and the Election Commission may,for this purpose, make such inquiry as it thinks fit.".

34. Amendment of article 194.-In article 194 of the Constitution, forclause (3), the following clause shall be substituted, namely:-

"(3) In other respects, the powers, privileges and immunities of aHouse of the Legislature of a State, and of the members and thecommittees of a House of such Legislature, shall be those of thatHouse, and of its members and Committees, at the commencement ofsection 34 of THE CONSTITUTION (Forty-second Amendment) Act, 1976, andas may be evolved by such House of the Legislature of a State, so faras may be, in accordance with those of the House of the People, and ofits members and committees where such House is the LegislativeAssembly and in accordance with those of the Council of States, and ofits members and committees where such House is the LegislativeCouncil.".

35. Amendment of article 208.-In article 208 of the Constitution, inclause (1), after the words "its procedure", the brackets and words"(including the quorum to constitute a meeting of the House)" shall beinserted.

36. Amendment of article 217.-In article 217 of the Constitution, inclause (2),-

(a) in sub-clause (b), the word "or" shall be inserted at the end;

(b) after sub-clause (b), the following sub-clause shall be inserted,namely:-

"(c) is, in the opinion of the President, a distinguished jurist.";

(c) in the Explanation, in clause (a), for the words "has heldjudicial office", the words "has held judicial office or the office ofa member of a tribunal or any post, under the Union or a State,requiring special knowledge of law" shall be substituted.

: 37. Amendment of article 225.-In article 225 of the Constitution, theproviso shall be omitted.

38. Substitution of new article for article 226.-For article 226 ofthe Constitution, the following article shall be substituted, namely:-

"226. Power of High Courts to issue certain writs.- (1)Notwithstanding anything in article 32 but subject to the provisionsof article 131A and article 226A, every High Court shall have power,throughout the territories in relation to which it exercisesjurisdiction, to issue to any person or authority, including inappropriate cases, any Government, within those territoriesdirections, orders or writs, including writs in the nature of habeascorpus, mandamus, prohibition, quo warranto and certiorari, or any ofthem,-

(a) for the enforcement of any of the rights conferred by theprovisions of Part III; or

(b) for the redress of any injury of a substantial nature by reason ofthe contravention of any other provision of this Constitution or anyprovision of any enactment or Ordinance or any order, rule,regulation, bye-law or other instrument made thereunder; or

(c) for the redress of any injury by reason of any illegality in any proceedings by or before any authority under any provision referred to in sub-clause (b) where such illegality has resulted in substantial failure of justice.

(2) The power conferred by clause (1) to issue directions, orders orwrits to any Government, authority or person may also be exercised byany High Court exercising jurisdiction in relation to the territorieswithin which the cause of action, wholly or in part, arises for theexercise of such power, notwithstanding that the seat of suchGovernment or authority or the residence of such person is not withinthose territories.

(3) No petition for the redress of any injury referred to insub-clause (b) or sub-clause (c) of clause (1) shall be entertained ifany other remedy for such redress is provided for by or under anyother law for the time being in force.

(4) No interim order (whether by way of injunction or stay or in anyother manner) shall be made on, or in any proceedings relating to, apetition under clause (1) unless-

(a) copies of such petition and of all documents in support of theplea for such interim order are furnished to the party against whomsuch petition is filed or proposed to be filed; and

(b) opportunity is given to such party to be heard in the matter.

(5) The High Court may dispense with the requirements of sub-clauses(a) and (b) of clause (4) and make an interim order as an exceptionalmeasure if it is satisfied for reasons to be record in writing that itis necessary so to do for preventing any loss being caused to thepetitioner which cannot be adequately compensated in money but anysuch interim order shall, if it is not vacated earlier, cease to haveeffect on the expiry of a period of fourteen days from the date onwhich it is made unless the said requirements have been complied withbefore the expiry of that period and the High Court has continued theoperation of the interim order.

(6) Notwithstanding anything in clause (4) or clause (5), no interimorder (whether by way of injunction or stay or in any other manner)shall be made on, or in any proceedings relating to, a petition underclause (1) where such order will have the effect of delaying anyinquiry into a matter of public importance or any investigation orinquiry into an offence punishable with imprisonment or any action forthe execution of any work or project of public utility, or theacquisition of any property for such execution, by the Government orany corporation owned or controlled by the Government.

(7) The power conferred on a High Court by this article shall not bein derogation of the power conferred on the Supreme Court by clause(2) of article 32.".

39. Insertion of new article 226A.-After article 226 of theConstitution, the following article shall be inserted, namely:-

"226A. Constitutional validity of Central laws not to be consideredin proceedings under article 226.-Notwithstanding anything in article226, the High Court shall not consider the constitutional validity ofany Central law in any proceedings under that article.".

40. Amendment of article 227.-In article 227 of the constitution,-

(a) for clause (1), the following clause shall be substituted,namely:-

"(1) Every High Court shall have superintendence over all courts subject to its appellate jurisdiction.";

(b) after clause (4), the following clause shall be inserted,namely:---

"(5) Nothing in this article shall be construed as giving to a HighCourt any jurisdiction to question any judgment of any inferior courtwhich is not otherwise subject to appeal or revision.".

41. Amendment of article 228.-In article 228 of the Constitution, forthe words "it shall withdraw the case and may---", the words, figuresand letter "it shall withdraw the case and, subject to the provisionsof article 131A, may---" shall be substituted.

42. Insertion of new article 228A.- After article 228 ofthe Constitution, the following article shall be inserted, namely:-

"228A. Special provisions as to disposal of questions relating toconstitutional validity of State laws.-(1) No High Court shall havejurisdiction to declare any Central law to be constitutionally invalid.

(2) Subject to the provisions of article 131A, the High Courtmay determine all questions relating to the constitutional validity ofany State law.

(3) The minimum number of Judges who shall sit for the purpose ofdetermining any question as to the constitutional validity of anyState law shall be five:

Provided that where the High Court consists of less than five Judges,all the Judges of the High Court may sit and determine such question.

(4) A State law shall not be declared to be constitutionally invalidby the High Court unless-

(a) where the High Court consists of five Judges or more, not lessthan two-thirds of the Judges sitting for the purpose of determiningthe validity of such law, hold it to be constitutionally invalid; and

(b) where the High Court consists of less than five Judges, all theJudges of the High Court sitting for the purpose hold it to be constitutionally invalid.

(5) The provisions of this article shall have effect notwithstanding anything contained in this Part.

Explanation.---In computing the number of Judges of a High Court forthe purposes of this article, a Judge who is disqualified by reason ofpersonal or pecuniary bias shall be excluded.".

43. Insertion of new article 257A.- After article 257 ofthe Constitution, the following article shall be inserted, namely:-

"257A. Assistance to States by deployment of armed forces or otherforces of the Union.-(1) The Government of India may deploy any armedforce of the Union or any other force subject to the control of theUnion for dealing with any grave situation of law and order in anyState.

(2) Any armed force or other fore or any contingent or unit thereofdeployed under clause (1) in any State shall act in accordance withsuch directions as the Government of India may issue and shall not,save as otherwise provided in such directions, be subject to thesuperintendence or control of the State Government or any officer orauthority subordinate to the State Government.

(3) Parliament may, by law, specify the powers, functions, privilegesand liabilities of the members of any force or any contingent or unitthereof deployed under clause (1) during the period of suchdeployment.".

44. Amendment of article 311.- In article 311 of the Constitution, inclause (2),-

(a) the words "and where it is proposed, after such inquiry, to imposeon him any such penalty, until he has been given a reasonableopportunity of making representation on the penalty proposed, but onlyon the basis of the evidence adduced during such inquiry" shall beomitted;

(b) for the words "Provided that this clause shall not apply---", thefollowing shall be substituted, namely:-

"Provided that where it is proposed after such inquiry, to impose uponhim any such penalty, such penalty may be imposed on the basis of theevidence adduced during such inquiry and it shall not be necessary togive such person any opportunity of making representation on thepenalty proposed:

Provided further that this clause shall not apply---".

45. Amendment of article 312.-In article 312 of the Constitution,-

(a) in clause (1),-

(i) for the word and figures "Part XI", the words and figures "ChapterVI of Part VI or Part XI" shall be substituted;

(ii) after the words "all-India services", the brackets and words"(including an all-India judicial service)" shall be inserted;

(b) after clause (2), the following clauses shall be inserted,namely:-

"(3) The all-India judicial service referred to in clause (1) shallnot include any post inferior to that of a district judge as definedin article 236.

(4) The law providing for the creation of the all-India judicialservice aforesaid may contain such provisions for the amendment ofChapter VI of Part VI as may be necessary for giving effect to theprovisions of that law and no such law shall be deemed to be anamendment of this Constitution for the purposes of article 368.".

46. Insertion of new Part XIVA.-After Part XIV of the Constitution,the following Part shall be inserted, namely:-

PART XIVA (TRIBUNALS)

323A. Administrative tribunals.- (1) Parliament may, by law, providefor the adjudication or trial by administrative tribunals of disputesand complaints with respect to recruitment and conditions of serviceof persons appointed to public services and posts in connection withthe affairs of the Union or of any State or of any local or otherauthority within the territory of India or under the control of theGovernment of India or of any corporation owned or controlled by theGovernment.

(2) A law made under clause (1) may-

(a) provide for the establishment of an administrative tribunal forthe Union and a separate administrative tribunal for each State or fortwo or more States;

(b) specify the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by each of the said tribunals;

(c) provide for the procedure (including provisions as to limitationand rules of evidence) to be followed by the said tribunals;

(d) exclude the jurisdiction of all courts, except the jurisdiction ofthe Supreme Court under article 136, with respect to the disputes orcomplaints referred to in clause (1);

(e) provide for the transfer to each such administrative tribunal ofany cases pending before any court or other authority immediatelybefore the establishment of such tribunal as would have been withinthe jurisdiction of such tribunal if the causes of action on whichsuch suits or proceedings are based had arisen after suchestablishment;

(f) repeal or amend any order made by the President under clause (3)of article 371D;

(g) contain such supplemental, incidental and consequential provisions(including provisions as to fees) as Parliament may deem necessary forthe effective functioning of, and for the speedy disposal of cases by,and the enforcement of the orders of, such tribunals.

(3) The provisions of this article shall have effect notwithstandinganything in any other provision of this Constitution or in any otherlaw for the time being force.

323B. Tribunals for other matters.- (1) The appropriate Legislaturemay, by law, provide for the adjudication or trial by tribunals of anydisputes, complaints, or offences with respect to all or any of thematters specified in clause (2) with respect to which such Legislaturehas power to make laws.

(2) The matters referred to in clause (1) are the following,namely:-

(a) levy, assessment, collection and enforcement of any tax;

(b) foreign exchange, import and export across customs frontiers;

(d) land reforms by way of acquisition by the State of any estate asdefined in article 31A or of any rights therein or the extinguishmentor modification of any such rights or by way of ceiling onagricultural land or in any other way;

(e) ceiling on urban property;

: (f) elections to either House of Parliament or the House or eitherHouse of the Legislature of a State, but excluding the mattersreferred to in article 329 and article 329A;

(g) production, procurement, supply and distribution of foodstuffs,(including edible oilseeds and oils) and such other goods as thePresident may, by public notification, declare to be essential goodsfor the purpose of this article and control of prices of such goods;

(h) offences against laws with respect to any of the matters specifiedin sub-clauses (a) to (g) and fees in respect of any of those matters;

(i) any matter incidental to any of the matters specified in sub-clauses (a) to (h).

(3) A law made under clause (1) may-

(a) provide for the establishment of a hierarchy of tribunals;

(b) specify the jurisdiction, powers (including the power to punishfor contempt) and authority which may be exercised by each of the saidtribunals;

(c) provide for the procedure (including provisions as to limitationand rules of evidence) to be followed by the said tribunals;

(d) exclude the jurisdiction of all courts, except the jurisdiction ofthe Supreme Court under article 136, with respect to all or any of thematters falling within the jurisdiction of the said tribunals;

(e) provide for the transfer to each such tribunal of any casespending before any court or any other authority immediately before theestablishment of such tribunal as would have been within thejurisdiction of such tribunal if the causes of action on which suchsuits or proceedings are based had arisen after such establishment;

(f) contain such supplemental, incidental and consequentialprovisions, (including provisions as to fees) as the appropriateLegislature may deem necessary for the effective functioning of, andfor the speedy disposal of cases by, and the enforcement of the ordersof, such tribunals.

(4) The provisions of this article shall have effect notwithstandinganything in any other provision of this Constitution or in any otherlaw for the time being in force.

Explanation.-In this article, "appropriate Legislature", in relationto any matter, means Parliament or, as the case may be, a StateLegislature competent to make laws with respect to such matter inaccordance with the provisions of Part XI.'

47. Amendment of article 330.-In article 330 of the Constitution, thefollowing Explanation shall be inserted at the end, namely:-

`Explanation.-In this article and in article 332, the expression"population" means the population as ascertained at the last precedingcensus of which the relevant figures have been published:

Provided that the reference in this Explanation to the last precedingcensus of which the relevant figures have ben published shall, untilthe relevant figures for the first census taken after the year 2000have been published, be construed as a reference to the 1971-census.'.

48. Amendment of article 352.-In article 352 of the Constitution,-

(a) in clause (1), after the words "make a declaration to thateffect", the following shall be inserted, namely:-

"in respect of the whole of India or of such part of the territorythereof as may be specified in the Proclamation";

(b) in clause (2), in sub-clause (a), after the word "revoked", thewords "or varied" shall be inserted;

"(2A) Where a Proclamation issued under clause (1) is varied by asubsequent Proclamation, the provisions of clause (2) shall, so far asmay be, apply in relation to such subsequent Proclamation as theyapply in relation to a Proclamation issued under clause (1).".

49. Amendment of article 353.- To article 353 of the Constitution,the following proviso shall be added, namely:-

"Provided that where a Proclamation of Emergency is in operation onlyin any part of the territory of India,-

(i) the executive power of the Union to give directions under clause(a), and

(ii) the power of Parliament to make laws under clause (b), shall alsoextend to any State other than a State in which or in any part ofwhich the Proclamation of Emergency is in operation if and in so faras the security of India or any part of the territory thereof isthreatened by activities in or in relation to the part of theterritory of India in which the Proclamation of Emergency is inoperation.".

50. Amendment of article 356.- In article 356 of the Constitution, inclause (4), for the words "six months", wherever they occur, the words"one year" shall be substituted.

51. Amendment of article 357.- (1) In article 357 of theConstitution, for clause (2), the following clause shall besubstituted, namely:-

"(2) Any law made in exercise of the power of the Legislature of theState by Parliament or the President or other authority referred to insub-clause (a) of clause (1) which Parliament or the President or suchother authority would not, but for the issue of a Proclamation underarticle 356, have been competent to make shall, after the Proclamationhas ceased to operate, continue in force until altered or repealed oramended by a competent Legislature or other authority.".

(2) The amendment made by sub-section (1) shall apply also to any lawreferred to in clause (2) of article 357 of the Constitution which isin force immediately before the coming into force of this section.

52. Amendment of article 358.- To article 358 of the Constitution,the following proviso shall be added, namely:-

"Provided that where a Proclamation of Emergency is in operation onlyin any part of the territory of India, any such law may be made, orany such executive action may be taken, under this article in relationto or in any State or Union territory in which or in any part of whichthe Proclamation of Emergency is not in operation, if and in so far asthe security of India or any part of the territory thereof isthreatened by activities in or in relation to the part of theterritory of India in which the Proclamation of Emergency is inoperation.".

53. Amendment of article 359.- In article 359 of the Constitution,-

(a) to clause (1A), the following proviso shall be added, namely:-

(b) to clause (2), the following proviso shall be added, namely:-

"Provided that where a Proclamation of Emergency is in operation onlyin a part of the territory of India, any such order shall not extendto any other part of the territory of India unless the President,being satisfied that the security of India or any part of theterritory thereof is threatened by activities in or in relation to thepart of the territory of India in which the Proclamation of Emergencyis in operation, considers such extension to be necessary.".

54. Amendment of article 366.- In article 366 of the Constitution,-

(a) after clause (4), the following clause shall be inserted,namely:-

made under article 368;';

(b) after clause (26), the following clause shall be inserted,namely:-

(a) a State Act or an Act of the Legislature of a Union territory;

(b) an Ordinance promulgated by the Governor of a State under article213 or by the administrator of a Union terrirory under article 239B;

(c) any provision with respect to a matter in the State List in aCentral Act made before the commencement of this Constitution;

(d) any provision with respect to a matter in the State List or theConcurrent List in a Provincial Act;

(e) any notification, order, scheme, rule, regulation or bye-law orany other instrument having the force of law made under any Act,Ordinance or provisions referred to in sub-clause (a), sub-clause (b),sub-clause (c) or sub-clause (d);

(f) any notification, order, scheme, rule, regulation or bye-law orany other instrument having the force of law, not falling undersub-clause (e), and made by a State Government or the administrator ofa Union territory or an officer or authority subordinate to suchGovernment or administrator; and

(g) any other law (including any usage or custom having the force oflaw) with respect to a matter in the State List.'.

55. Amendment of article 368.- In article 368 of the Constitution,after clause (3), the following clauses shall be inserted, namely:-

: "(4) No amendment of this Constitution (including the provisions ofPart III) made or purporting to have been made under this articlewhether before or after the commencement of section 55 of theConstitution (Forty-second Amendment) Act, 1976] shall be called inquestion in any court on any ground.

(5) For the removal of doubts, it is hereby declared that there shallbe no limitation whatever on the constituent power of Parliament toamend by way of addition, variation or repeal the provisions of thisConstitution under this article.".

56. Amendment of article 371F.- In article 371F of the Constitution,in clause (c), for the words "five years", the words "six years" shallbe substituted and for the words "four years" in the two places wherethey occur, the words "five years" shall be substituted.

57. Amendment of the Seventh Schedule.-In the Seventh Scheduleto the Constitution,-

(a) in List I.-Union List, after entry 2, the following entry shall beinserted, namely:-

"2A. Deployment of any armed force of the Union or any other forcesubject to the control of the Union or any contingent or unit thereofin any State in aid of the civil power; powers, jurisdiction,privileges and liabilities of the members of such forces while on suchdeployment.";

[8:35 am, 29/09/2023] shreematangeepress: (b) in List II.-State List,-

[8:35 am, 29/09/2023] shreematangeepress: (i) in entry 1, for the words "the use of naval, military or airforces or any other armed forces of the Union", the words "the use ofany naval, military or air force or any other armed force of the Unionor of any other force subject to the control of the Union or of anycontingent or unit thereof" shall be substituted;

(ii) for entry 2, the following entry shall be substituted, namely:-

[8:36 am, 29/09/2023] shreematangeepress: "2. Police (including railway and village police) subject to theprovisions of entry 2A of List I.";

(iii) in entry 3, the words "Administration of justice; constitutionand organisation of all courts, except the Supreme Court and the HighCourt;" shall be omitted;

(iv) entries 11, 19, 20 and 29 shall be omitted;

(v) in entry 55, the words "and advertisements broadcast by radio ortelevision" shall be inserted at the end;

(i) after entry 11, the following entry shall be inserted, namely:-

"11A. Administration of justice; constitution and organization ofall courts, except the Supreme Court and the High Courts.;

(ii) after entry 17, the following entries shall be inserted,namely:-

"17A. Forests.

17B. Protection of wild animals and birds.";

(iii) after entry 20, the following entry shall be inserted,namely:-

"20A. Population control and family planning.";

(iv) for entry 25, the following entry shall be substituted,namely:-

"25. Education, including technical education, medical education anduniversities, subject to the provisions of entries 63, 64, 65 and 66of List I; vocational and technical training of labour.";

(v) after entry 33, the following entry shall be inserted, namely:-

"33A. Weights and measures except establishment of standards.".

58. Special provisions as to pending petitions under article 226.-(1) Notwithstanding anything contained in the Constitution, everypetition made under article 226 of the Constitution before theappointed day and pending before any High Court immediately beforethat day (such petition being referred to in this section as a pendingpetition) and any interim order (whether by way of injunction or stayor in any other manner) made on, or in any proceedings relating to,such petition before that day shall be dealt with in accordance withthe provisions of article 226 as substituted by section 38.

(2) In particular, and without prejudice to the generality of theprovisions of sub-section (1), every pending petition before a HighCourt which would not have been admitted by the High Court under theprovisions of article 226 as substituted by section 38 if suchpetition had been made after the appointed day, shall abate and anyinterim order (whether by way of injunction or stay or in any othermanner) made on, or in any proceedings relating to, such petitionshall stand vacated:

Provided that nothing contained in this sub-section shall affect theright of the petitioner to seek relief under any other law for thetime being in force in respect of the matters to which such petitionrelates and in computing the period of limitation, if any, for seekingsuch relief, the period during which the proceedings relating to suchpetition were pending in the High Court shall be excluded.

(3) Every interim order (whether by way of injunction or stay or inany other manner) which was made before the appointed day, on, or inany proceedings relating to, a pending petition [not being a pendingpetition which has abated under sub-section (2)], and which is inforce on that day, shall, unless before the appointed day copies ofsuch pending petition and of documents in support of the plea for suchinterim order had been furnished to the party against whom suchinterim order was made and an opportunity had been given to such partyto be heard in the matter, cease to have effect (if not vacatedearlier),-

(a) on the expiry of a period of one month from the appointed day, ifthe copies of such pending petition and the documents in support ofthe plea for the interim order are not furnished to such party beforethe expiry of the said period of one month; or

b) on the expiry of a period of four months from the appointed day,if the copies referred to in clause (a) have been furnished to suchparty within the period of one month referred to in that clause butsuch party has not been given an opportunity to be heard in the matterbefore the expiry of the said period of four months.

4) Notwithstanding anything contained in sub-section (3), everyinterim order (whether by way of injunction or stay or in any othermanner) which was made before the appointed day, on, or in anyproceedings relating to, a pending petition [not being a pendingpetition which has abated under sub-section (2)], and which is inforce on that day, shall, if such order has the effect of delaying anyinquiry into a matter of public importance or any investigation orinquiry into an offence punishable with imprisonment or any action forthe execution of any work or project of public utility, or theacquisition of any property for such execution, by the Government orany corporation owned or controlled by the Government, stand vacated.

Explanation.-In this section, "appointed day" means the date on whichsection 38 comes into force.

9. Power of the President to remove difficulties.-(1) If anydifficulty arises in giving effect to the provisions of theConstitution as amended by this Act (including any difficulty inrelation to the transition from the provisions of the Constitution asthey stood immediately before the date of the President's assent tothis Act to the provisions of the Constitution as amended by thisAct), the President may, by order, make such provisions, including anyadaptation or modification of any provision of the Constitution, asappear to him to be necessary or expedient for the purpose of removingthe difficulty:

Provided that no such order shall be made after the expiry of twoyears from the date of such assent.

(2) Every order made under sub-section (1) shall, as soon as may beafter it is made, be laid before each House of Parliament.

(i) Sections 2 to 5, 7 to 17, 20, 28, 29, 30, 33, 36, 43 to 53, 55, 56, 57 and 59. 3-1-1977

(ii) Sections 6, 23 to 26, 37 to 42, 54 and 58. 1-2-1977

(iii) Section 27 1-4-1977 [GSR 2(E), dated 3-1-1977].