Part XXI
Temporary, transitional and special provisions.
(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,
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 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;
(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 functioing
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_365;
(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.]
Part XXI
Temporary, transitional and special provisions.
Part XXI
Temporary, transitional and special provisions.
(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.
Explanation.- In this
article, the expression “Hill Areas” means such areas as the President may, by
order, declare to be Hill areas.-
Part XXI
Temporary, transitional and special provisions.
(1) The President may by
order made with respect to the State of Andhra Pradesh provide, having regard to the
requirements of the State as a whole, for equitable opportunities and facilities for the
people belonging to different parts of the State, in the matter of public employment and
in the matter of education, and different provisions may be made for various parts of the
State.
(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;
(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;
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 the State of Andhra
Pradesh 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.
_370(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.
(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.]
Part XXI
Temporary, transitional and special provisions.
Parliament may by law
provide for the establishment of a University in the State of Andhra Pradesh.
Part XXI
Temporary, transitional and special provisions.
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)-
(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;
(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;
(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;
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.
Part XXI
Temporary, transitional and special provisions.
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.]
Part XXI
Temporary, transitional and special provisions.
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.]
PART
XXI
Temporary, transitional and special provisions.
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.]
Part XXI Temporary, transitional and special provisions.
(1) Notwithstanding the
(2) For the purpose of
(3) Nothing in clause (2) (a) to empower the (b) to prevent any Explanation I.-The Explanation II.-Any law
Explanation III.-Nothing Explanation IV.-An |
Sarvajan (SC/ST/OBC/Minorities/Poor Upper castes) intellectuals,
research scholars, students, youths are practicing good precepts like kindness,
compassion, helping others, always speaking the truth, treating all
women with dignity, avoiding intoxicants etc., to shed their fear and are
always calm, quiet, alert, attentive, have equanimity mind with a
clear understanding that everything is changing as taught by The
Awakened On with awareness followed by the Father of the Constitution
Dr. BR Ambedkar, Manyawar Kanshiram and Ms Mayawati for the welfare,
happiness and peace of all societies through
Techno-Politico-Sociao-Transformation Movement to acquire the MASTER
KEY to unlock all doors of development. They practice Insight
Meditation in different postures of their bodies throughout their life -
Sitting, Standing, Lying, jogging, cycling, swimming, Kalari, Kungfu,
Karate, Marital arts for their self defense against dreaded beasts
including violent students. Apply for legal licensed arms for the
authorities concerned.
[As per the source, โThe software would also help recall the past
pattern of the writer to check the number of times he took a negative
or positive stand, his background, and preferences of websites and
areas of interest to judge whether they were aimed at fomenting
trouble or radicalization,โ]
http://trak.in/tags/business/2016/02/25/media-surveillance-negative-news-monitoring/
[Then why does it appear to have botched it up so badly? Why has it
sent police to the campus to arrest a popular student leader provoking
criticism of overreach from even some of its sympathetic opinion
makers? Why has it allowed lawyers to publicly beat up journalists,
provoking a media outcry? Why has it based the whole campaign on
assertions, video footage and evidence which has so easily been
demonstrated to be false? Why are its leaders making deliberately
ludicrous claims about nude dancing and condoms on the campus?
Observers in the media would like to believe that the government has
bungled or miscalculated, or that its extremist fringe is out of
control. And they may well be right. But there is another possible
interpretation โ that the heavy-handedness and loutish violence
marking the episode is deliberate, the crudity and outlandish claims
are considered, and above all, that the aim is not as one would think
so much to intimidate opponents, but primarily to shore up its own
support base.]
http://scroll.in/article/804084/jnu-crisis-has-the-centre-bungled-or-was-this-always-part-of-a-plan
[An aggrandising nationalism does not just constrict democracy and
freedom of expression, with, as we have seen, lynch mobs taking law
into their own hands, sedition laws being applied even to young
idealistic and sensitive students, and lies and misinformation being
liberally used to tarnish the innocent and discredit them in the
public eye. It inevitably generates reactions that are equally
extreme. Such an aggrandising nationalism, in short, sets up a
disastrous dialectic, of repression generating extreme reaction, which
in turn brings forth greater repression, causing even more extreme
reaction, and so on.
To believe that the โnation-buildingโ project in a Third World country
can survive this disastrous dialectic is a chimera. The Third World in
fact is full of so-called โfailed statesโ. Behind these โfailed
statesโ, no doubt, one can often see the hand of metropolitan powers;
but the modus operandi is invariably through the generation of
internal conflicts. This is precisely what an aggrandising nationalism
generates.]
http://www.thehindu.com/opinion/lead/jnu-row-what-it-means-to-be-national/article8286169.ece