UPSC லேபிளுடன் இடுகைகளைக் காண்பிக்கிறது. அனைத்து இடுகைகளையும் காண்பி

Calling Attention Motion

Calling attention motion

What are Motion

  • A Motion refers to a formal proposal made by a member of Legislature to initiate discussion on a matter of general public importance. It can be Moved either by ministers or Private Members.
  • No Discussion can be made except for such motions that has consent of presiding officer.

Calling Attention Motion

  • A member may with the prior permission of the Speaker call the attention of a Minister to a matter of urgent public importance and request him to make a statement thereon. This is an Indian Innovation.

INC Sessions - TNPSC

Formation of INC:

First Session of Indian National Congress, 1885
1st Session of INC

        The Indian National Congress (INC) was formed in 1885, marking a significant milestone in India's struggle for independence from British rule. The foundation of INC was initiated by A.O.Hume, a retired British civil servant, who aimed to create a platform for civil and political dialogue among educated Indians.  

        The first session of the INC was held in Bombay (now Mumbai) and was attended by 72 delegates. The formation of the INC played a crucial role in unifying diverse regional and political groups, eventually leading to the broader national movement against British colonialism.

INC Sessions:

Year Place President
1st Session, 1885 Bombay Womesh Chandra Bonnerjee
2nd Session, 1886 Calcutta Dadabhai Naoroji
3rd Session, 1887 Madras Badruddin Tyabji
4th Session, 1888Allahabad George Yule
5td Session, 1889 Bombay Sir William Wedderburn
6th Session, 1890 Calcutta Pherozeshah Mehta
7th Session, 1891 Nagpur P.Ananda Charlu
8th Session, 1892 Allahabad Womesh Chandra Bonnerjee
9th Session, 1893 Lahore Dadabhai Naoroji
10th Session, 1894 Madras Alfred Webb
11th Session, 1895 Pune Surendranath Banerjee
12th Session, 1896 Calcutta Rahimatullah M Sayani
13th Session, 1897 Amraoti C Sankaran Nair
14th Session, 1898 Madras Ananda Mohan Bose
15th Session, 1899 Lucknow Romesh Chunder Dutt
16th Session, 1900 Lahore N G Chandavarkar
17th Session, 1901 Calcutta Dinshaw Eduljee Wacha
18th Session, 1902 Ahmedabad Surendranath Banerjee
19th Session, 1903 MadrasLal Mohan Ghosh
20th Session, 1904 Bombay Sir Henry Cotton
21st Session, 1905 Banaras Gopal Krishna Gokhale
22nd Session, 1906 Calcutta Dadabhai Naoroji
23rd Session, 1907 Surat (Susepended) Rash Behari Ghosh
23rd Session, 1908 Madras Rash Behari Ghosh
24rd Session, 1909 Lahore Madan Mohan Malaviya
25th Session, 1910 Allahabad Sir William Wedderburn
26th Session, 1911 CalcuttaBishan Narayan Dar
27th Session, 1912 Bankipore Raghunath Narasinha Mudholkar
28th Session, 1913 Karachi Nawab Syed Mohammed Bahadur
29th Session, 1914 Madras Bhupendra Nath Bose

VERTICAL FISCAL IMBALANCE (VFI)

 What is VFI?

The Union Government is endowed with more Tax powers than the states, while the states are assigned more expenditures responsibilities than Union government. This leads to VFI between states and union. The main responsibility of finance commission (A-280) is to correct this.

Understanding VFI:

An empirical measure of VFI is "VFI=1-Ratio of states own revenue to own expenditure". If VFI ratio is zero, then states have enough to meet their expenditure. 
A look over past 3 finance commissions shows there is an increase in trend. The ratio was 0.530 which means only 43% of states own revenue was financed by themselves.

Solution proposed by Experts:

  1. Reassigning tax powers between union and states: The union government has exclusive power to levy excise duty and states have exclusive power to levy excise duty, sales tax on liquor. All other commodities fall under GST. Experts propose that CGST and excise duty on petro products be assigned to states.
  2. Veto powers of union government should be removed. Then, the GST council truely will become a body by the states to settle tax issues among themselves, thereby union government as facilitator.

MODEL PRISON MANUAL, 2016 for UPSC Exams

WHAT IS MODEL PRISON MANUAL? 

Model Prison Manual, 2016 is a set of guidelines developed by Ministry of Home Affairs. It covers about prisoner classification and  privileges, disciplinary action and complaints procedures, sanitary and hygiene regulations, etc.,

Model Prison Manual, 2016


Related Articles:

  • Article 39 (a) Fair justice also deals with prisoners.
  • Article 14,19,20,21 and 22 deal with Rights of prisoners.
WHY TO READ?
  • The union Home ministry has asked the states of Union Territories who have not adopted Model Prison Manual so far, to bring in accordance with guidelines provided by Manual. 
  • Prison is a state subject.

Critically Endangered Species of India- The Gliding Frog | UPSC

 CRITICALLY ENDANGERED SPECIES

(C) REPTILES AND AMPHIBIANS:

4.The Gliding Frog (Rhacophorus pseudomalabaricus)

The Gliding Frog

The Gliding Frog (Rhacophorus pseudomalabaricus) is endemic to the Western Ghats. This species is confined to the rain forests of the Western Ghats and occurs at elevations of greater than 1000m. This species has been recently described in the year 2000.

CONSERVATION STATUS: Critically Endangered.

HABITAT: Rainforests above 1000m altitude.

DISTRIBUTION: Indira Gandhi National Park and surrounding areas of Anamalai hills, Tamil Nadu.

THREATS: Conversion of forested areas for timber and non-timber plantations, and timber extraction activities.

ALSO READ: Four-toed River Terrapin

Critically Endangered Species of India- Four-toed River Terrapin | UPSC

 CRITICALLY ENDANGERED SPECIES

(C) REPTILES AND AMPHIBIANS 

3. Four-toed River Terrapin or River Terrapin (Batagur baska)

Four-toed River Terrapin

Four-toed river terrapin or Northern River terrapin (Batagur baska) is a critically endangered turtle. The omnivorous diet of the river terrapin and other terrapin species, makes them an essential part of the effi cient clean-up systems of aquatic habitats.

CONSERVATION STATUS: Critically Endangered.

HABITAT: Freshwater rivers and lakes.

DISTRIBUTION: Bangladesh, Cambodia, India, Indonesia, Malaysia.

THREATS: Use of flesh for medicinal purposes, demand for eggs, which are considered a delicacy.

ALSO READ: Leatherback turtles.

Critically Endangered Species of India- Leatherback turtles | UPSC

 CRITICALLY ENDANGERED SPECIES

(C) REPTILES AND AMPHIBIANS:

2. Leatherback Turtles (Dermochelys coriacea)

Leatherback Turtles

Leatherback turtles (Dermochelys coriacea) are the largest of living sea turtles weighing as much as 900 kg. Adult leatherback turtles are excellent swimmers – they swim on an average of 45-65 km a day, travel upto 15,000 km per year and can dive as deep as 1200 m.

Jelly fish are their primary prey. The population spikes of leatherbacks coincide with abundance of
jelly fish, making them important top-predators in marine environments.

CONSERVATION STATUS: Critically Endangered

HABITAT: Tropical and subtropical oceans.

DISTRIBUTION: Found in tropical and temperate waters of the Atlantic, Pacific, and Indian Oceans.

THREATS: High sea fi shing operations, harvesting of eggs, destruction of nests by wild species
and domesticated species such as cats, dogs and pigs. Artifi cial lighting disorients hatchlings and
adult and causes them to migrate inland rather than back to the sea. Threats to habitat include
construction, mining and plantation of exotics.

ALSO READ: The Gharial

Critically Endangered Species of India- Gharial | UPSC

 CRITICALLY ENDANGERED SPECIES

(C) REPTILES AND MAMMALS:

1. The Gharial 

The Gharial (Gavialis gangeticus) is the most uniquely evolved crocodilian in the world, a specialized river-dwelling fish-eater.

The dire condition of the gharial reflects the tragedy of our rivers where we stand to not only lose other endangered taxa such as the Ganges river dolphin (Platanista gangetica) but also the use of their waters for human consumption and other needs.

CONSERVATION STATUS: Critically Endangered

HABITAT: Clean rivers with sand banks.

DISTRIBUTION: Only viable population in the National Chambal Sanctuary, spread across three States of Uttar Pradesh, Rajasthan and Madhya Pradesh in India. Small non-breeding populations exist in Son, Gandak, Hoogly and Ghagra rivers. Now extinct in Myanmar, Pakistan, Bhutan and Bangladesh.

THREATS: The combined effects of dams, barrages, artificial embankments, change in river course,
pollution, sand-mining, riparian agriculture and ingress of domestic and feral livestock caused
irreversible loss of riverine habitat and consequently of the gharial.

ALSO READ: The Pygmy hog

Critically Endangered Species of India- The Pygmy hog | UPSC

 CRITICALLY ENDANGERED SPECIES

(B) MAMMALS:

1. The Pygmy hog

The Pygmy hog

The Pygmy hog (Porcula salvania) is the world’s smallest wild pig, with adults weighing only 8 kg. This species constructs a nest throughout the year. It is one of the most useful indicators of management status of grassland habitats.

The grasslands where the pygmy hog resides are crucial for the survival of other endangered species such as Indian rhinoceros (Rhinoceros unicornis), swamp deer (Cervus duvauceli), wild buffalo
(Bubalus arnee), hispid hare (Caprolagus hispidus), Bengal florican (Eupodotis bengalensis) and swamp francolin (Francolinus gularis). In 1996, a captive-breeding programme of the species was initiated in Assam, and some hogs have been reintroduced in Sonai Rupai area also in 2009.

CONSERVATION STATUS: Endangered

HABITAT: Relatively undisturbed tall ‘terai’ grasslands.

DISTRIBUTION: Formerly, the species was more widely distributed along the southern Himalayan
foothills but now is restricted to only a single remnant population in Manas Wildlife Sanctuary
and its buffer reserves.

THREATS: The main threats are loss and degradation of grasslands, dry-season burning, livestock
grazing and afforestation of grasslands. Hunting is also a threat to the remnant populations.

Also Read: Bengal Florican

Critically Endangered Species of India- Bengal Florican (UPSC)

 CRITICALLY ENDANGERED SPECIES

(A) BIRDS:

5. BENGAL FLORICAN (Houbaropsis bengalensis)

Bengal Florican

Bengal Florican is a rare bustard species that is very well known for its mating dance. Among the tall grasslands, secretive males advertise their territories by springing from the ground and fl itting in the air to and fro.

CONSERVATION STATUS: Critically Endangered

HABITAT: Grasslands sometimes intersperesd with scrublands. 

DISTRIBUTION: Native to only 3 countries in the world - Cambodia, India and Nepal. In India, it occurs in 3 States namely Uttar Pradesh, Assam and Arunachal Pradesh.

THREATS: Ongoing conversion of the bird’s grassland habitat for various purposes including agriculture is mainly responsible for its population decline.

ALSO READ: Vultures

Critically Endangered Species of India- Vultures (UPSC)

 CRITICALLY ENDANGERED SPECIES

(A) BIRDS: 

4. VULTURES

Vultures


Out of nine species of vultures, population of three species ( White-backed Vulture Gyps bengalensis, Slender-billed Vulture Gyps tenuirostris and Long-billed Vulture Gyps indicus) have declined by 99%. Vultures keep the environment clean, by scavenging on animal carcasses.

The decline in vulture populations has associated disease risks including increased risk of spread of rabies and anthrax, besides adversely impacting the observance of last rites by the Parsis in the tower of silence.

  • Varying vultures have different conservation statuses. The three species (White-backed Vulture Gyps bengalensis, Slender-billed Vulture Gyps tenuirostris and Long-billed Vulture Gyps indicus) are now classified as critically endangered.

Slender-billed Vulture

Habitat: Forests, habitation, villages etc.

Distribution: Across India.

Threats: A major threat to vultures is the use of the painkiller diclofenac for veterinary purposes.
On consumption of carcasses, diclofenac gets into the system of vultures which they are unable
to metabolize. Accumulation of diclofenac results in gout-like symptoms such as neck-drooping
ultimately leading to death.

Critically Endangered Species of India- White-bellied Heron (UPSC)

 CRITICALLY ENDANGERED SPECIES

(A) BIRDS:

3. WHITE-BELLIED HERON (Ardea insignis)

White-bellied Heron

It is is an extremely rare bird found in five or six sites in Assam and Arunachal Pradesh, one or two sites in Bhutan, and a few in Myanmar. It is inherently rare, and populations have never been known to be very high.

The white-bellied heron is a large bird with a height of 127 cm. Its wingspan is estimated to be over 200 cm. The back and the long neck are dark grey in color. The belly plumage is whitish. The bill is large and black in color.

CONSERVATION STATUS: Critically Endangered

HABITAT: Rivers with sand or gravel bars or inland lakes.

DISTRIBUTION: Bhutan and north-east India to the hills of Bangladesh and north Myanmar.

THREATS: Loss and degradation of lowland forest and wetlands through direct exploitation and disturbance.

Also Read: The Forest Owlet

Critically Endangered Species of India- The Forest Owlet (UPSC)

 CRITICALLY ENDANGERED SPECIES

(A) BIRDS:

2. The Forest Owlet (Heteroglaux blewitti)

They are an exclusive species to India and can only be found there in tiny areas of forest. In the 1880s, the bird was first discovered. After then, nobody brought up these birds at all for almost a century. The cavity is used by the forest owlets to hide their prey. It is known as cashing.

When not sighted for decades, posters were printed and Salim Ali, the premier ornithologist of India made a public appeal to look for the bird. After 113 long years, in 1997, the owlet was rediscovered and reappeared on the list of Indian birds.

CONSERVATION STATUS: Endangered

Habitat: Dry decidous forest

Distribution: South Madhya Pradesh, in north-west Maharashtra and north-central Maharashtra.

Threats: Logging operations, burning and cutting of trees damage roosting and nesting trees of the Forest Owlet.

PART XXII- Short title, Commencement, Authoritative Text in Hindi and Repeals

 PART XXII

SHORT TITLE, COMMENCEMENT, AND AUTHORITATIVE TEXT IN HINDI AND REPEALS

393. Short title.—This Constitution may be called the Constitution of India.

394. 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.

394A. Authoritative text in the Hindi language.—

(1) The President shall cause to be published under his authority,—

     (a) the translation of this Constitution in the Hindi language, signed by the members of the Constituent Assembly, with such modifications as may be necessary to bring it in conformity with the language, style and terminology adopted in the authoritative texts of Central Acts in the Hindi language, and incorporating therein all the amendments of this Constitution made before such publication; and

     (b) the translation in the Hindi language of every amendment of this Constitution made in the English language.

(2) The translation of this Constitution and of every amendment thereof published under clause (1) shall be construed to have the same meaning as the original thereof and if any difficulty arises in so construing any part of such translation, the President shall cause the same to be revised suitably.

(3) The translation of this Constitution and of every amendment thereof published under this article shall be deemed to be, for all purposes, the authoritative text thereof in the Hindi language

395. Repeals.—The Indian Independence Act, 1947, and the Government of India Act, 1935, together with all enactments amending or supplementing the latter Act, but not including the Abolition of Privy Council Jurisdiction Act, 1949, are hereby repealed.

Indian Constitution- Temporary, Transitional and Special Provisions [Part 7]

 PART XXI

TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS 

377. Provisions as to Comptroller and Auditor-General of India.—The Auditor-General of India holding office immediately before the commencement of this Constitution shall, unless he has elected otherwise, become on such commencement the Comptroller and Auditor-General of India and shall thereupon be entitled to such salaries and to such rights in respect of leave of absence and pension as are provided for under clause (3) of article 148 in respect of the Comptroller and Auditor-General of India and be entitled to continue to hold office until the expiration of his term of office as determined under the provisions which were applicable to him immediately before such commencement.

378. Provisions as to Public Service Commissions.—

(1) The members of the Public Service Commission for the Dominion of India holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the members of the Public Service Commission for the Union and shall, notwithstanding anything in clauses (1) and (2) of article 316 but subject to the proviso to clause (2) of that article, continue to hold office until the expiration of their term of office as determined under the rules which were applicable immediately before such commencement to such members.

(2) The Members of a Public Service Commission of a Province or of a Public Service Commission serving the needs of a group of Provinces holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the members of the Public Service Commission for the corresponding State or the members of the Joint State Public Service Commission serving the needs of the corresponding States, as the case may be, and shall, notwithstanding anything in clauses (1) and (2) of article 316 but subject to the proviso to clause (2) of that article, continue to hold office until the expiration of their term of office as determined under the rules which were applicable immediately before such commencement to such members.

378A. Special provision as to duration of Andhra Pradesh Legislative Assembly.—Notwithstanding anything contained in article 172, the Legislative Assembly of the State of Andhra Pradesh as constituted under the provisions of sections 28 and 29 of the States Reorganisation Act, 1956, shall,
unless sooner dissolved, continue for a period of five years from the date referred to in the said section 29 and no longer and the expiration of the said period shall operate as a dissolution of that Legislative Assembly.

392. Power of the President to remove difficulties.—

(1) The President may, for the purpose of removing any difficulties, particularly in relation to the transition from the provisions of the Government of India Act, 1935, to the provisions of this Constitution, by order direct that this Constitution shall, during such period as may be specified in the order, have effect subject to such adaptations, whether by way of modification, addition or omission, as he may deem to be necessary or expedient:

Provided that no such order shall be made after the first meeting of Parliament duly constituted under Chapter II of Part V.

(2) Every order made under clause (1) shall be laid before Parliament.

(3) The powers conferred on the President by this article, by article 324, by clause (3) of article 367 and by article 391 shall, before the commencement of this Constitution, be exercisable by the Governor-General of the Dominion of India.

Indian Constitution- Temporary, Transitional and Special Provisions [Part 6]



 PART XXI

TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS

372A. Power of the President to adapt laws.—

(1) For the purposes of bringing the provisions of any law in force in India or in any part thereof, immediately before the commencement of the Constitution (Seventh Amendment) Act, 1956, into accord with the provisions of this Constitution as amended by that Act, the President may by order made before the first day of November, 1957, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and provide that the law shall, as from such date as may be specified in the order, have effect subject to the adaptations and modifications so made, and any such adaptation or modification shall not be questioned in any court of law.

(2) Nothing in clause (1) shall be deemed to prevent a competent Legislature or other competent authority from repealing or amending any law adapted or modified by the President under the said clause.

373. Power of President to make order in respect of persons under preventive detention in certain cases.—Until provision is made by Parliament under clause (7) of article 22, or until the expiration of one year from the commencement of this Constitution, whichever is earlier, the said article shall have effect as if for any reference to Parliament in clauses (4) and (7) thereof there were substituted a reference to the President and for any reference to any law made by Parliament in those clauses there were substituted a reference to an order made by the President.

374. Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council.—

(1) The Judges of the Federal Court holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the Judges of the Supreme Court and shall thereupon be entitled to such salaries and allowances and to such rights in respect of leave of absence and pension as are provided for under article 125 in respect of the Judges of the Supreme Court.

(2) All suits, appeals and proceedings, civil or criminal, pending in the Federal Court at the commencement of this Constitution shall stand removed to the Supreme Court, and the Supreme Court shall have jurisdiction to hear and determine the same, and the judgments and orders of the Federal Court delivered or made before the commencement of this Constitution shall have the same force
and effect as if they had been delivered or made by the Supreme Court.

(3) Nothing in this Constitution shall operate to invalidate the exercise of jurisdiction by His Majesty in Council to dispose of appeals and petitions from, or in respect of, any judgment, decree or order of any court within the territory of India in so far as the exercise of such jurisdiction is authorised by law, and
any order of His Majesty in Council made on any such appeal or petition after the commencement of this Constitution shall for all purposes have effect as if it were an order or decree made by the Supreme Court in the exercise of the jurisdiction conferred on such Court by this Constitution.

(4) On and from the commencement of this Constitution the jurisdiction of the authority functioning as the Privy Council in a State specified in Part B of the First Schedule to entertain and dispose of appeals and petitions from or in respect of any judgment, decree or order of any court within that State shall cease, and all appeals and other proceedings pending before the said authority at such commencement shall be transferred to, and disposed of by, the Supreme Court.

(5) Further provision may be made by Parliament by law to give effect to the provisions of this article.

375. Courts, authorities and officers to continue to function subject to the provisions of the Constitution.—All courts of civil, criminal and revenue jurisdiction, all authorities and all officers, judicial, executive and ministerial, throughout the territory of India, shall continue to exercise their respective functions subject to the provisions of this Constitution.

376. Provisions as to Judges of High Courts.—

(1) Notwithstanding anything in clause (2) of article 217, the Judges of a High Court in any Province holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the Judges of the High Court in the corresponding State, and shall thereupon be entitled to such salaries and allowances and to such rights in respect of leave of absence and pension as are provided for under article 221 in respect of the Judges of such High Court. Any such Judge shall, notwithstanding that he is not a citizen of India, be eligible for appointment as Chief Justice of such High Court, or as Chief Justice or other Judge of any other High Court.

(2) The Judges of a High Court in any Indian State corresponding to any State specified in Part B of the First Schedule holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the Judges of the High Court in the
State so specified and shall, notwithstanding anything in clauses (1) and (2) of article 217 but subject to the proviso to clause (1) of that article, continue to hold office until the expiration of such period as the President may by order determine.

(3) In this article, the expression “Judge” does not include an acting Judge or an additional Judge.

Indian Constitution- Temporary, Transitional and Special Provisions [Part 5]

 PART XXI

TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS

371G. Special provision with respect to the State of Mizoram.—

Notwithstanding anything in this Constitution,—

     (a) no Act of Parliament in respect of—

          (i) religious or social practices of the Mizos,

          (ii) Mizo customary law and procedure,

          (iii) administration of civil and criminal justice involving decisions according to Mizo customary law,

          (iv) ownership and transfer of land, shall apply to the State of Mizoram unless the Legislative Assembly of the State of Mizoram by a resolution so decides:

Provided that nothing in this clause shall apply to any Central Act in force in the Union territory of Mizoram immediately before the commencement of the Constitution (Fifty-third Amendment) Act, 1986;

     (b) the Legislative Assembly of the State of Mizoram shall consist of not less than forty members.

371H. Special provision with respect to the State of Arunachal Pradesh.—

Notwithstanding anything in this Constitution,—

     (a) the Governor of Arunachal Pradesh shall have special responsibility with respect to law and order in the State of Arunachal Pradesh and in the discharge of his functions in relation thereto, the Governor shall, after consulting the Council of Ministers, exercise his individual judgment as to the action to be taken:

Provided that if any question arises whether any matter is or is not a matter as respects which the Governor is under this clause required to act in the exercise of his individual judgment, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in the exercise of his individual judgment:

Provided further that if the President on receipt of a report from the Governor or otherwise is satisfied that it is no longer necessary for the Governor to have special responsibility with respect to law and order in the State of Arunachal Pradesh, he may by order direct that the Governor shall cease to have such responsibility with effect from such date as may be specified in the order;

     (b) the Legislative Assembly of the State of Arunachal Pradesh shall consist of not less than thirty members.

371-I. Special provision with respect to the State of Goa.— Notwithstanding anything in this Constitution, the Legislative Assembly of the State of Goa shall consist of not less than thirty members.

371J. Special provisions with respect to the State of Karnataka.—

(1) The President may, by order made with respect to the State of Karnataka, provide for any special responsibility of the Governor for—

     (a) establishment of a separate development board for Hyderabad-Karnataka region with the provision that a report on the working of the board will be placed each year before the State Legislative Assembly;

     (b) equitable allocation of funds for developmental expenditure over the said region, subject to the requirements of the State as a whole; and

     (c) equitable opportunities and facilities for the people belonging to the said region, in matters of public employment, education and vocational training, subject to the requirements of the State as a whole.

(2) An order made under sub- clause (c) of clause (1) may provide for—

     (a) reservation of a proportion of seats educational and vocational training institutions in the Hyderabad-Karnataka region for students who belong to that region by birth or by domicile; and

     (b) identification of posts or classes of posts under the State Government and in any body or organisation under the control of the State Government in the Hyderabad-Karnataka region and reservation of a proportion of such posts for persons who belong to that region by birth or by domicile and for appointment thereto by direct recruitment or by promotion or in any other manner as may be specified in the order.

372. Continuance in force of existing laws and their adaptation.—

(1) Notwithstanding the repeal by this Constitution of the enactments referred to in article 395 but subject to the other provisions of this Constitution, all the law in force in the territory of India immediately before the commencement of this Constitution shall continue in force therein until altered or repealed or amended by a competent Legislature or other competent authority.

(2) For the purpose of bringing the provisions of any law in force in the territory of India into accord with the provisions of this Constitution, the President may by order make such adaptations and modifications of such law, whether by way of repeal or amendment, as may be necessary or expedient, and provide that the law shall, as from such date as may be specified in the order, have effect subject to the adaptations and modifications so made, and any such adaptation or modification shall not be questioned in any court of law.

(3) Nothing in clause (2) shall be deemed—

     (a) to empower the President to make any adaptation or modification of any law after the expiration of three years from the commencement of this Constitution; or

     (b) to prevent any competent Legislature or other competent authority from repealing or amending any law adapted or modified by the President under the said clause.

Explanation I.—The expression “law in force” in this article shall include a law passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that it or parts of it may not be then in
operation either at all or in particular areas.

Explanation II.—Any law passed or made by a Legislature or other competent authority in the territory of India which immediately before the commencement of this Constitution had extra-territorial effect as well as effect in the territory of India shall, subject to any such adaptations and modifications as aforesaid, continue to have such extra-territorial effect.

Explanation III.—Nothing in this article shall be construed as continuing any temporary law in force beyond the date fixed for its expiration or the date on which it would have expired if this Constitution had not come into force.

Explanation IV.—An Ordinance promulgated by the Governor of a Province under section 88 of the Government of India Act, 1935, and in force immediately before the commencement of this Constitution shall, unless withdrawn by the Governor of the corresponding State earlier, cease to operate at the expiration of six weeks from the first meeting after such commencement of the Legislative Assembly of that State functioning under clause (1) of article 382, and nothing in this article shall be construed as continuing any such Ordinance in force beyond the said period.

Indian Constitution- Temporary, Transitional and Special Provisions [Part 4]

 PART XXI

TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS

371E. Establishment of Central University in Andhra Pradesh.— Parliament may by law provide for the establishment of a University in the State of Andhra Pradesh.

371F. Special provisions with respect to the State of Sikkim.—

Notwithstanding anything in this Constitution,—

     (a) the Legislative Assembly of the State of Sikkim shall consist of not less than thirty members;

     (b) as from the date of commencement of the Constitution (Thirty-sixth Amendment) Act, 1975 (hereafter in this article referred to as the appointed day)—

          (i) the Assembly for Sikkim formed as a result of the elections held in Sikkim in April, 1974 with thirty-two members elected in the said elections (hereinafter referred to as the sitting members) shall be deemed to be the Legislative Assembly of the State of Sikkim duly constituted under this Constitution;

          (ii) the sitting members shall be deemed to be the members of the Legislative Assembly of the State of Sikkim duly elected under this Constitution; and

          (iii) the said Legislative Assembly of the State of Sikkim shall exercise the powers and perform the functions of the Legislative Assembly of a State under this Constitution;

     (c) in the case of the Assembly deemed to be the Legislative Assembly of the State of Sikkim under clause (b), the references to the period of five years, in clause (1) of article 172 shall be construed as
references to a period of four years and the said period of four years shall be deemed to commence from the appointed day;

     (d) until other provisions are made by Parliament by law, there shall be allotted to the State of Sikkim one seat in the House of the People and the State of Sikkim shall form one parliamentary constituency to be called the parliamentary constituency for Sikkim;

     (e) the representative of the State of Sikkim in the House of the People in existence on the appointed day shall be elected by the members of the Legislative Assembly of the State of Sikkim;

     (f) Parliament may, for the purpose of protecting the rights and interests of the different sections of the population of Sikkim make provision for the number of seats in the Legislative Assembly of the State of Sikkim which may be filled by candidates belonging to such sections and for the delimitation of the assembly constituencies from which candidates belonging to such sections alone may stand for election to the Legislative Assembly of the State of Sikkim;

     (g) the Governor of Sikkim shall have special responsibility for peace and for an equitable arrangement for ensuring the social and economic advancement of different sections of the population of Sikkim and in the discharge of his special responsibility under this clause, the Governor of Sikkim shall, subject to such directions as the President may, from time to time, deem fit to issue, act in his discretion;

     (h) all property and assets (whether within or outside the territories comprised in the State of Sikkim) which immediately before the appointed day were vested in the Government of Sikkim or in any other authority or in any person for the purposes of the Government of Sikkim shall, as from the appointed day, vest in the Government of the State of Sikkim;

     (i) the High Court functioning as such immediately before the appointed day in the territories comprised in the State of Sikkim shall, on and from the appointed day, be deemed to be the High Court for the State of Sikkim;

     (j) all courts of civil, criminal and revenue jurisdiction, all authorities and all officers, judicial, executive and ministerial, throughout the territory of the State of Sikkim shall continue on and from the appointed day to exercise their respective functions subject to the provisions of this Constitution;

     (k) all laws in force immediately before the appointed day in the territories comprised in the State of Sikkim or any part thereof shall continue to be in force therein until amended or repealed by a competent Legislature or other competent authority;

     (l) for the purpose of facilitating the application of any such law as is referred to in clause (k) in relation to the administration of the State of Sikkim and for the purpose of bringing the provisions of any such law into accord with the provisions of this Constitution, the President may, within two years from the appointed day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon, every such law shall have effect subject to the adaptations and modifications so made, and any such adaptation or modification shall not be questioned in any court of law;

     (m) neither the Supreme Court nor any other court shall have jurisdiction in respect of any dispute or other matter arising out of any treaty, agreement, engagement or other similar instrument relating to
Sikkim which was entered into or executed before the appointed day and to which the Government of India or any of its predecessor Governments was a party, but nothing in this clause shall be construed to derogate from the provisions of article 143;

     (n) the President may, by public notification, extend with such restrictions or modifications as he thinks fit to the State of Sikkim any enactment which is in force in a State in India at the date of the notification;

     (o) if any difficulty arises in giving effect to any of the foregoing provisions of this article, the President may, by order, do anything (including any adaptation or modification of any other article) which appears to him to be necessary for the purpose of removing that difficulty:

Provided that no such order shall be made after the expiry of two years from the appointed day;

     (p) all things done and all actions taken in or in relation to the State of Sikkim or the territories comprised therein during the period commencing on the appointed day and ending immediately before the date on which the Constitution (Thirty-sixth Amendment) Act, 1975, receives the assent of the President shall, in so far as they are in conformity with the provisions of this Constitution as amended by the Constitution (Thirty-sixth Amendment) Act, 1975, be deemed for all purposes to have been validly done or taken under this Constitution as so amended.

Indian Constitution- Temporary, Transitional and Special Provisions [Part 3]

 

PART XXI

TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS

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 members of that Assembly elected from the tribal areas specified in Part I of the table appended to paragraph 20 of the Sixth Schedule and such number of other members of that Assembly as may be specified in the order and for the modifications to be made in the rules of procedure of that Assembly for the constitution and proper functioning of such committee.

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.

371D. Special provisions with respect to the State of Andhra Pradesh or the State of Telangana.—

(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.

(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:—

     (a) appointment, allotment or promotion to such class or classes of posts in any civil service of the State, or to such class or classes of civil posts under the State, or to such class or classes of posts under the control of any local authority within the State, as may be specified in the order;

     (b) seniority of persons appointed, allotted or promoted to such class or classes of posts in any civil service of the State, or to such class or classes of civil posts under the State, or to such class or classes of posts under the control of any local authority within the State, as may be specified in the order;

     (c) such other conditions of service of persons appointed, allotted or promoted to such class or classes of posts in any civil service of the State or to such class or classes of civil posts under the State or to such class or classes of posts under the control of any local authority within the State, as may be specified in the order.

(4) An order made under clause (3) may—

(a) authorise the Administrative Tribunal to receive representations for the redress of grievances relating to any matter within its jurisdiction as the President may specify in the order and to make such orders thereon as the Administrative Tribunal deems fit;

(b) contain such provisions with respect to the powers and authorities and procedure of the Administrative Tribunal (including provisions with respect to the powers of the Administrative Tribunal to punish for contempt of itself) as the President may deem necessary;

(c) provide for the transfer to the Administrative Tribunal of such classes of proceedings, being proceedings relating to matters within its jurisdiction and pending before any court (other than the Supreme Court) or tribunal or other authority immediately before the commencement of such order, as may be specified in the order;

(d) contain such supplemental, incidental and consequential provisions (including provisions as to fees and as to limitation, evidence or for the application of any law for the time being in force subject to any exceptions or modifications) as the President may deem necessary.

(5) The Order of the Administrative Tribunal finally disposing of any case shall become effective upon its confirmation by the State Government or on the expiry of three months from the date on which the order is made, whichever is earlier:

Provided that the State Government may, by special order made in writing and for reasons to be specified therein, modify or annul any order of the Administrative Tribunal before it becomes effective and in such a case, the order of the Administrative Tribunal shall have effect only in such modified
form or be of no effect, as the case may be.

(6) Every special order made by the State Government under the proviso to clause (5) shall be laid, as soon as may be after it is made, before both Houses of the State Legislature.

(7) The High Court for the State shall not have any powers of superintendence over the Administrative Tribunal and no court (other than the Supreme Court) or tribunal shall exercise any jurisdiction, power or authority in respect of any matter subject to the jurisdiction, power or authority of, or in relation to, the Administrative Tribunal.

(8) If the President is satisfied that the continued existence of the Administrative Tribunal is not necessary, the President may by order abolish the Administrative Tribunal and make such provisions in such order as he may deem fit for the transfer and disposal of cases pending before the Tribunal
immediately before such abolition.

(9) Notwithstanding any judgment, decree or order of any court, tribunal or other authority,—

     (a) no appointment, posting, promotion or transfer of any person—

          (i) made before the 1st day of November, 1956, to any post under the Government of, or any local authority within, the State of Hyderabad as it existed before that date; or

          (ii) made before the commencement of the Constitution (Thirty-second Amendment) Act, 1973, to any post under the Government of, or any local or other authority within, the State of Andhra Pradesh; and

     (b) no action taken or thing done by or before any person referred to in sub-clause (a),

shall be deemed to be illegal or void or ever to have become illegal or void merely on the ground that the appointment, posting, promotion or transfer of such person was not made in accordance with any law, then in force, providing for any requirement as to residence within the State of Hyderabad or, as the
case may be, within any part of the State of Andhra Pradesh, in respect of such appointment, posting, promotion or transfer.

(10) The provisions of this article and of any order made by the President thereunder shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force.

Indian Constitution- Temporary, Transitional and Special Provisions [Part 2]

 PART XXI

TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS

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;

     (b) the Governor of Nagaland shall have special responsibility with respect to law and order in the State of Nagaland for so long as in his opinion internal disturbances occurring in the Naga Hills-Tuensang Area immediately before the formation of that State continue therein or in any part thereof and in the discharge of his functions in relation thereto the Governor shall, after consulting the Council of Ministers, exercise his individual judgment as to the action to be taken:

Provided that if any question arises whether any matter is or is not a matter as respects which the Governor is under this sub-clause required to act in the exercise of his individual judgment, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in the exercise of his
individual judgment:

Provided further that if the President on receipt of a report from the Governor or otherwise is satisfied that it is no longer necessary for the Governor to have special responsibility with respect to law and order in the State of Nagaland, he may by order direct that the Governor shall cease to have such responsibility with effect from such date as may be specified in the order;

     (c) in making his recommendation with respect to any demand for a grant, the Governor of Nagaland shall ensure that any money provided by the Government of India out of the Consolidated Fund of India for any specific service or purpose is included in the demand for a grant relating to that service or purpose and not in any other demand;

     (d) as from such date as the Governor of Nagaland may by public notification in this behalf specify, there shall be established a regional council for the Tuensang district consisting of thirty-five members and the Governor shall in his discretion make rules providing for—

          (i) the composition of the regional council and the manner in which the members of the regional council shall be chosen:

Provided that the Deputy Commissioner of the Tuensang district shall be the Chairman ex officio of the regional council and the Vice-Chairman of the regional council shall be elected by the members thereof from amongst themselves;

          (ii) the qualifications for being chosen as, and for being, members of the regional council;

          (iii) the term of office of, and the salaries and allowances, if any, to be paid to members of, the regional council;

          (iv) the procedure and conduct of business of the regional council;

          (v) the appointment of officers and staff of the regional council and their conditions of services; and

          (vi) any other matter in respect of which it is necessary to make  rules for the constitution and proper functioning of the regional council.

(2) Notwithstanding anything in this Constitution, for a period of ten years from the date of the formation of the State of Nagaland or for such further period as the Governor may, on the recommendation of the regional council, by public notification specify in this behalf,—

     (a) the administration of the Tuensang district shall be carried on by the Governor;

     (b) where any money is provided by the Government of India to the Government of Nagaland to meet the requirements of the State of Nagaland as a whole, the Governor shall in his discretion arrange for an equitable allocation of that money between the Tuensang district and the rest of the State;

     (c) no Act of the Legislature of Nagaland shall apply to Tuensang district unless the Governor, on the recommendation of the regional council, by public notification so directs and the Governor in giving such direction with respect to any such Act may direct that the Act shall in its application to the Tuensang district or any part thereof have effect subject to such exceptions or modifications as the Governor may specify on the recommendation of the regional council:

Provided that any direction given under this sub-clause may be given so as to have retrospective effect;

     (d) the Governor may make regulations for the peace, progress and good government of the Tuensang district and any regulations so made may repeal or amend with retrospective effect, if necessary, any Act of Parliament or any other law which is for the time being applicable to that district;

     (e) (i) one of the members representing the Tuensang district in the Legislative Assembly of Nagaland shall be appointed Minister for Tuensang affairs by the Governor on the advice of the Chief Minister and the Chief Minister in tendering his advice shall act on the recommendation of the majority of the members as aforesaid 1 ;

          (ii) the Minister for Tuensang affairs shall deal with, and have direct access to the Governor on, all matters relating to the Tuensang district but 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.