INDIA LAW LOOK

Tuesday, July 30, 2024

THE CONSTITUTION INDIA,ARTICAL:345-347

THE CONSTITUTION INDIA, ARTICAL:345-347

REGIONAL LANGUAGES (OFFICIAL LANGUAGE)

ARTICAL:345-347

OFFICIAL LANGUAGE OR LANGUAGES OF A STATE

Subject to the provisions of articles 346 and 347, the Legislature of a State may by law adopt any one or more of the languages in use in the State or Hindi as the language or languages to be used for all or any of the official purposes of that State:

Provided that, until the Legislature of the State otherwise provides by law, the English language shall continue to be used for those official purposes within the State for which it was being used immediately before the commencement of this Constitution

THE CONSTITUTION INDIA, ARTICLE: 393-395

SHORT TITLE COMMENCEMENT AUTHORITATIVE TEXT IN HINDI AND REPEALS

ARTICLE: 393-395

SHORT TITLE.

This Constitution may be called the Constitution of India

COMMENCEMENT

This article and articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 shall come into force at once, and the remaining provisions of this Constitution shall come into force on the twenty-sixth day of January, 1950, which day is referred to in this Constitution as the commencement of this Constitution.

THE CONSTITUTION INDIA, ARTICAL:348-349

LANGUAGE OF THE SUPREME COURT, HIGH COURTS, ETC (OFFICIAL LANG UAGE)

ARTICAL:348-349

LANGUAGE TO BE USED IN THE SUPREME COURT AND IN THE HIGH COURTS AND FOR ACTS, BILLS, RTC

(1) Notwithstanding anything in the foregoing provisions of this Part, until Parliament by law otherwise provides—

(a) all proceedings in the Supreme Court and in every High Court,

(b) the authoritative texts—

THE CONSTITUTION INDIA, ARTICLE: 350-351

SPECIAL DIRECTIVES (OFFICIAL LANGUAGE)

ARTICLE: 350-351

LANGUAGE TO BE USED IN REPRESENTATIONS FOR REDRESS OF GRIEVANCES

Every person shall be entitled to submit a representation for the redress of any grievance to any officer or authority of the Union or a State in any of the languages used in the Union or in the State, as the case may be

1[FACILITIES FOR INSTRUCTION IN MOTHER-TONGUE A PRIMARYSTAGE]

It shall be the endeavour of every State and of every local authority within the State to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to

THE CONSTITUTION INDIA, ARTICAL:352-360

EMERGENCY PROVISISONS

ARTICAL:352-360

PROCLAMATION OF EMERGENCY

(1) If the President is satisfied that a grave emergency exists whereby the security of India or of any part of the territory thereof is threatened, whether by war or external aggression or 1[armed

rebellion], he may, by Proclamation, make a declaration to that effect 2[in respect of the whole of India or of such part of the territory thereof as may be specified in the Proclamation.]

THE CONSTITUTION INDIA, ARTICAL:361-367

MISCELLANEOUS

ARTICAL:361-367

PROTECTION OF PRESIDENT AND GOVERNORS AND REJPRAMUGHS

(1) The President, or the Governor or Rajpramukh of a State, shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties:

Provided that the conduct of the President may be brought under review by any court, tribunal or body appointed or designated by either House of Parliament for the investigation of a charge under article 61:

Provided further that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the

THE CONSTITUTION INDIA, ARTICAL:369-392

TEMPORARY, TRANSITIONAL, AND SPECIAL PROVISIONS

ARTICAL:369-392

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:—

THE CONSTITUTION OF INDIA, TOTAL ARTICAL: 52-78

THE UNION - THE EXECUTIVE.

TOTAL ARTICAL: 52-78

THE PRESIDENT OF INDIA

There shall be a President of India.

EXECUTIVE POWER OF THE UNION

(1) The executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.

(2) Without prejudice to the generality of the foregoing provision, the supreme command of the Defence Forces of the Union shall be vested in the

President and the exercise thereof shall be regulated by law.

(3) Nothing in this article shall-

(a) be deemed to transfer to the President any functions conferred by any existing law on the Government of any State or other authority

(b) prevent Parliament from conferring by law functions on authorities other than the President.

THE CONSTITUTION OF INDIA, ARTICAL:148-151

THE UNION COMPTROLLER AND AUDITOR-GENERAL OF INDIA

ARTICAL:148-151

COMPTROLLER AND AUDITOR-GENERAL OF INDIA

(1) There shall be a Comptroller and Auditor-General of India who shall be appointed by the

President by warrant under his hand and seal and shall only be removed from office in like manner and on the like grounds as a Judge of the Supreme Court.

(2) Every person appointed to be the Comptroller and Auditor-General of India shall, before he enters upon his office, make and subscribe before the

President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.

AMENDMENTS SECTION OF: 1-4

THE CONSTITUTION (SIXTY-SEVENTH AMENDMENT) ACT, 1990

SECTION OF: 1-4

SIXTY-SEVENTH AMENDMENT

Statement of Objects and Reasons appended to the Constitution(Seventy-sixth Amendment) Bill, 1990 (Bill No. 158 of 1990) which wasenacted as THE CONSTITUTION (Sixty-seventh Amendment) Act, 1990

FAT COUPON

STATEMENT OF OBJECT AND REASONS

Under clause (4) of article 356 of the Constitution, no Proclamationissued under that article and approved by both the Houses ofParliament shall remain in force for more than three years. However,under clause (5) of the said article, a resolution approving thecontinuance in force of a Proclamation issued under clause (1) of thatarticle beyond a period of one year cannot be passed by either Houseof Parliament unless the two conditions relating to a Proclamation ofEmergency being in operation in the whole or any part of the State andthe certificate by the Election Commission that the continuation ofthe Proclamation issued under clause (1) is necessary on account ofdifficulties in holding general elections to the Legislative Assemblyof the State as specified in that clause are met. The three yearperiod in the case of Proclamation issued on 11th May, 1987 withrespect to the State of Punjab was extended to three years and sixmonths by the Constitution (Sixty-fourth Amendment) Act, 1990 andclause (5) of article 356 was also suitably amended by that Act in theexpectation that it would be possible to hold elections to theLegislative Assembly of that State. The prevailing circumstances inthe State, however, still do not hold out prospects for free andpeaceful elections to the State Legislative Assembly. Clause (4) ofarticle 356 of the Constitution is, therefore, proposed to be amendedso as to facilitate the extension of the said Proclamation up to atotal period of four years in relation to the State of Punjab.

2. The Bill seeks to achieve the above objects.

TOP COUPON CODES

NEW DELHI; MUFTI MOHAMMED SAYEED

The 1st October, 1990.

THE CONSTITUTION (SIXTY-SEVENTH AMENDMENT) ACT, 1990

[4th October, 1990.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Forty-first Year of the Republic ofIndia as follows:-

1. Short title.- This Act may be called the Constitution(Sixty-seventh Amendment) Act, 1990.

2. Amendment of article 356.-In article 356 of the Constitution, inclause (4), in the third proviso, for the words "three years and sixmonths", the words "four years" shall be substituted.

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FAQ

What is the first category of amendments?

The first category of amendments are those which fall under Articles 4(2), 169, 239A(2), 239AA(7b), 243M(4b), 243ZC(3), 244A(4), 312(4), para 7(2) of Schedule V and para 21(2) of Schedule VI. These amendments can be made by Parliament by a simple majority, as is required to pass any ordinary law.

What are the amendments to the Constitution?

1. Dy. By section of the Constitution (Seventh Amendment) Act, 1956. 17, for the heading "States in Part C of the First Schedule" (w.e.f. 1-11-1956). 2. Sub. As above, for Art. 239 and 240. 3. In. By section of the Constitution (Fourteenth Amendment) Act, 1962. 4 (from 28-12-1962) 4.

What are the amendments in Article 150 of the Constitution?

Amendment of Article 150.- In Article 150 of the Constitution, for the words "after consultation", the words "on the advice of" will be substituted. 23. Amendment of Article 166-Clause (4) of Article 166 of the Constitution shall be deleted. 24. Amendment of Article 172.-

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