LESSON 3255 Mon 27 Jan 2020
from
Dr B.R.Ambedkar thundered โMain Bharat Baudhmay karunga.โ (I will make India Buddhist)
All Aboriginal Awakened Societies Thunder โ Hum Prapanch Prabuddha Bharatmay karunge.โ (We will make world Prabuddha Prapanch)
THE
BUDDHA
AND
HIS DHAMMA
by Dr. B. R. Ambedkar
https://tenor.com/view/morning-gif-10344560
UNPUBLISHED PREFACE
April 6, 1956
[Text provided by Eleanor Zelliot, as prepared by Vasant
Moon]
A question is always asked to me: how I happen[ed] to take such [a]
high degree of education. Another question is being asked: why I am inclined
towards Buddhism. These questions are asked because I was born in a community
known in India as the “Untouchables.” This preface is not the place for
answering the first question. But this preface may be the place for answering
the second question.
The direct answer to this question is that I regard the Buddha’s Dhamma
to be the best. No religion can be compared to it. If a modern man who
knws science must have a religion, the only religion he can have is the
Religion of the Buddha. This conviction has grown in me after thirty-five
years of close study of all religions.
How I was led to study Buddhism is another story. It may be interesting
for the reader to know. This is how it happened.
My father was a military officer, but at the same time a very religious
person. He brought me up under a strict discipline. From my early age I
found certain contradictions in my father’s religious way of life. He was
a Kabirpanthi, though his father was Ramanandi. As such, he did not believe
in Murti Puja (Idol Worship), and yet he performed Ganapati Puja–of course
for our sake, but I did not like it. He read the books of his Panth. At
the same time, he compelled me and my elder brother to read every day before
going to bed a portion of [the] Mahabharata and Ramayana
to my sisters and other persons who assembled at my father’s house to hear
the Katha. This went on for a long number of years.
The year I passed the English Fourth Standard Examination, my community
people wanted to celebrate the occasion by holding a public meeting to
congratulate me. Compared to the state of education in other communities,
this was hardly an occasion for celebration. But it was felt by the organisers
that I was the first boy in my community to reach this stage; they thought
that I had reached a great height. They went to my father to ask for his
permission. My father flatly refused, saying that such a thing would inflate
the boy’s head; after all, he has only passed an examination and done nothing
more. Those who wanted to celebrate the event were greatly disappointed.
They, however, did not give way. They went to Dada Keluskar, a personal
friend of my father, and asked him to intervene. He agreed. After a little
argumentation, my father yielded, and the meeting was held. Dada Keluskar
presided. He was a literary person of his time. At the end of his address
he gave me as a gift a copy of his book on the life of the Buddha, which
he had written for the Baroda Sayajirao Oriental Series. I read the book
with great interest, and was greatly impressed and moved by it.
I began to ask why my father did not introduce us to the Buddhist literature.
After this, I was determined to ask my father this question. One day I
did. I asked my father why he insisted upon our reading the Mahabharata
and Ramayana, which recounted the greatness of the Brahmins and
the Kshatriyas and repeated the stories of the degradation of the Shudras
and the Untouchables. My father did not like the question. He merely said,
“You must not ask such silly questions. You are only boys; you must do
as you are told.” My father was a Roman Patriarch, and exercised most extensive
Patria Pretestas over his children. I alone could take a little liberty
with him, and that was because my mother had died in my childhood, leaving
me to the care of my auntie.
So after some time, I asked again the same question. This time my father
had evidently prepared himself for a reply. He said, “The reason why I
ask you to read the Mahabharata and Ramayana is this: we
belong to the Untouchables, and you are likely to develop an inferiority
complex, which is natural. The value of [the] Mahabharata and Ramayana
lies in removing this inferiority complex. See Drona and Karna–they were
small men, but to what heights they rose! Look at Valmiki–he was a Koli,
but he became the author of [the] Ramayana. It is for removing this
inferiority complex that I ask you to read the Mahabharata and Ramayana.”
I could see that there was some force in my father’s argument. But I
was not satisfied. I told my father that I did not like any of the figures
in [the] Mahabharata. I said, “I do not like Bhishma and Drona,
nor Krishna. Bhishma and Drona were hypocrites. They said one thing and
did quite the opposite. Krishna believed in fraud. His life is nothing
but a series of frauds. Equal dislike I have for Rama. Examine his conduct
in the Sarupnakha [=Shurpanakha] episode [and] in the Vali Sugriva
episode, and his beastly behaviour towards Sita.” My father was silent,
and made no reply. He knew that there was a revolt.
This is how I turned to the Buddha, with the help of the book given
to me by Dada Keluskar. It was not with an empty mind that I went to the
Buddha at that early age. I had a background, and in reading the Buddhist
Lore I could always compare and contrast. This is the origin of my interest
in the Buddha and His Dhamma.
The urge to write this book has a different origin. In 1951 the Editor
of the Mahabodhi Society’s Journal of Calcutta asked me to write an article
for the Vaishak Number. In that article I argued that the Buddha’s Religion
was the only religion which a society awakened by science could accept,
and without which it would perish. I also pointed out that for the modern
world Buddhism was the only religion which it must have to save itself.
That Buddhism makes [a] slow advance is due to the fact that its literature
is so vast that no one can read the whole of it. That it has no such thing
as a bible, as the Christians have, is its greatest handicap. On the publication
of this article, I received many calls, written and oral, to write such
a book. It is in response to these calls that I have undertaken the task.
To disarm all criticism I would like to make it clear that I claim no
originality for the book. It is a compilation and assembly plant. The material
has been gathered from various books. I would particularly like to mention
Ashvaghosha’s Buddhavita [=Buddhacharita], whose poetry no
one can excel. In the narrative of certain events I have even borrowed
his language.
The only originality that I can claim in [=is] the order of presentation
of the topics, in which I have tried to introduce simplicity and clarity.
There are certain matters which give headache[s] to the student of Buddhism.
I have dealt with them in the Introduction.
It remains for me to express my gratitude to those who have been helpful
to me. I am very grateful to Mr. Nanak Chand Rattua of Village Sakrulli
and Mr. Parkash Chand of Village Nangal Khurd in the district of Hoshiarpur
(Punjab) for the burden they have taken upon themselves to type out the
manuscript. They have done it several times. Shri Nanak Chand Rattu took
special pains and put in very hard labour in accomplishing this great task.
He did the whole work of typing etc. very willingly and without caring
for his health and [=or] any sort of remuneration. Both Mr. Nanak Chand
Rattu and Mr. Parkash Chand did their job as a token of their greatest
love and affection towards me. Their labours can hardly be repaid. I am
very much grateful to them.
When I took up the task of composing the book I was ill, and [I] am
still ill. During these five years there were many ups and downs in my
health. At some stages my condition had become so critical that doctors
talked of me as a dying flame. The successful rekindling of this dying
flame is due to the medical skill of my wife and Dr. Malvankar. They alone
have helped me to complete the work. I am also thankful to Mr. M. B. Chitnis,
who took [a] special interest in correcting [the] proof and to go [=in
going] through the whole book.
I may mention that this is one of the three books which will form a
set for the proper understanding of Buddhism. The other books are: (i)
Buddha
and Karl Marx; and (ii) Revolution and Counter-Revolution in Ancient
India. They are written out in parts. I hope to publish them soon.
B. R. Ambedkar
26 Alipur Road, Delhi
6-4-56
– main book index page
–
detailed book section-map — book
sources –
– Dr.
Ambedkar’s work — fwp’s
main page –
https://en.wikisource.org/wiki/The_Constitution_of_India_(Original_Calligraphed_and_Illuminated_Version)/Preamble
The Constitution of India (Original Calligraphed and Illuminated Version)/Preamble
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โ JUSTICE, social, economic and political;
โ LIBERTY of thought, expression, belief, faith and worship;
โ EQUALITY of status and of opportunity;
and to promote among them all
โ FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
โ IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
The Constitution of India (Original Calligraphed and Illuminated Version)/Part 5/Chapter 1
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Part V
The Union
Chapter I.โThe Executive
The President and Vice-President
52. There shall be a President of India.
53. (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.
โ (2) Without
prejudice to the generality of the foregoing provision, the supreme
command or the Defence Forces of the Union shall be vested in the
President and the exercise thereof shall be regulated by law.
โ (3) Nothing in this article shall โ
(a) be deemed to transfer to the President any functions
conferred by any existing law on the Government of any State or other
authority; or
(b) prevent Parliament from conferring by law functions on authorities other than the President.
54. The President shall be elected by the members of an electoral college consisting of โ
(a) the elected members of both Houses of Parliament; and
(b) the elected members of the Legislative Assemblies of the States.
55. (1) As far as practicable, there shall be uniformity in the
The President of India.
Executive power of the Union.
Election of President.
Manner of election of President.
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scale of representation of the different States at the election of the President.
โ (2) For the purpose of securing such uniformity among the States inter se
as well as parity between the States as a whole and the Union, the
number of votes which each elected member of Parliament and of the
Legislative Assembly of each State is entitled to cast at such election
shall be determined in the following manner:โ
(a) every elected member of the Legislative Assembly of a
State shall have as many votes as there are multiples of one thousand in
the quotient obtained by dividing the population of the State by the
total number of the elected members of the Assembly;
(b) if, after taking the said multiples of one thousand, the
remainder is not less than five hundred, then the vote of each member
referred to in sub-clause (a) shall be further increased by one;
(c) each elected member of either House of Parliament shall
have such number of votes as may be obtained by dividing the total
number of votes assigned to the members of the Legislative Assemblies of
the States under sub-clauses (a) and (b) by the total
number of the elected members of both Houses of Parliament, fractions
exceeding one-half being counted as one and other fractions being
disregarded.
โ (3) The
election of the President shall be held in accordance with the system of
proportional representation by means of the single transferable vote
and the voting at such election shall be by secret ballot.
โ Explanation.
โ In this article, the expression “population” means the population as
ascertained at the last preceding census of which the relevant figures
have been published.
56. (1) The President shall hold office for a term of five years from the date on which he enters upon his office:
โ Provided that โ
(a) the President may, by writing under his hand addressed to the Vice-President, resign his office;
Term of office of President.
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(b) the President may, for violation of the Constitution, be
removed from office by impeachment in the manner provided in article 61;
(c) the President shall, notwithstanding the expiration of his
term, continue to hold office until his successor enters upon his
office.
โ (2) Any resignation addressed to the Vice-President under clause (a) of the proviso to clause (1) shall forthwith be communicated by him to the Speaker of the House of the People.
57. A person who holds, or who has held, office as President shall,
subject to the other provisions of this Constitution, be eligible for
re-election to that office.
58. (1) No person shall be eligible for election as President unless he โ
(a) is a citizen of India,
(b) has completed the age of thirty-five years, and
(c) is qualified for election as a member of the House of the People.
โ (2) A person
shall not be eligible for election as President if he holds any office
of profit under the Government of India or the Government of any State
or under any local or other authority subject to the control of any of
the said Governments.
โ Explanation.
โ For the purposes of this article, a person shall not be deemed to
hold any office of profit by reason only that he is the President or
Vice-President of the Union or the Governor or Rajpramukh or
Uparajpramukh of any State or is a Minister either for the Union or for
any State.
59. (1) The President shall not be a member of either House of
Parliament or of a House of the Legislature of any State, and if a
member of either House of Parliament or of a House of the Legislature of
any State be elected President, he shall be deemed to have vacated his
seat in that House on the date on which he enters upon his office as
President.
โ (2) The President shall not hold any other office of profit.
โ (3) The President
shall be entitled without payment of rent to the use of his official
residences and shall be also entitled to such
Eligibility for re-election.
Qualifications for election as President.
Conditions of President’s office.
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emoluments, allowances and privileges as may be determined by
Parliament by law and, until provision in that behalf is so made, such
emoluments, allowances and privileges as are specified in the Second
Schedule.
โ (4) The emoluments and allowances of the President shall not be diminished during his term of office.
60. Every President and every person acting as President or discharging
the functions of the President shall, before entering upon his office,
make and subscribe in the presence of the Chief Justice of India or, in
his absence, the seniormost Judge of the Supreme Court available, an
oath or affirmation in the following form, that is to say โ
that I will faithfully execute the office of President (or discharge
the functions of the President) of India and will to the best of my
ability preserve, protect and defend the Constitution and the law and
that I will devote myself to the service and well-being of the people of
India.”
61. (1) When a President is to be impeached for violation of the
Constitution, the charge shall be preferred by either House of
Parliament.
โ (2) No such charge shall be preferred unless โ
(a) the proposal to prefer such change is contained in n
resolution which has been moved after at least fourteen days’ notice in
writing signed by not less than one-fourth of the total number of
members of the House has been given of their intention to move the
resolution, and
(b) such resolution has been passed by a majority of not less than two-thirds of the total membership of the House.
โ (3) When a
charge has been so preferred by either House of Parliament, the other
House shall investigate the charge or cause the charge to be
investigated and the President shall have the right to appear and to be
represented at such investigation.
โ (4) If as a result of the investigation a resolution is passed
Oath or affirmation by the President.
Procedure for impeachment of the President.
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by a majority of not less than two-thirds of the total membership of
the House by which the charge was investigated or caused to be
investigated, declaring that the charge preferred against the President
has been sustained, such resolution shall have the effect of removing
the President from his office as from the date on which the resolution
is so passed.
62. (1) An election to fill a vacancy caused by the expiration of the
term of office of President shall be completed before the expiration of
the term.
โ (2) An election
to fill a vacancy in the office of President occurring by reason of his
death, resignation or removal, or otherwise shall be held as soon as
possible after, and in no case later than six months from, the date of
occurrence of the vacancy; and the person elected to fill the vacancy
shall, subject to the provisions of article 56, be entitled to hold
office for the full term of five years from the date on which he enters
upon his office.
63. There shall be a Vice-President of India.
64. The Vice-President shall be ex-officio Chairman of the Council of States and shall not hold any other office of profit:
โ Provided that
during any period when the Vice-President acts as President or
discharges the functions of the President under article 65, he shall not
perform the duties of the office of Chairman of the Council of States
and shall not be entitled to any salary or allowance payable to the
Chairman of the Council of States under article 97.
65. (1) In the event of the occurrence of any vacancy in the office of
the President by reason of his death, resignation or removal, or
otherwise, the Vice-President shall act as President until the date on
which a new President elected in accordance with the provisions of this
Chapter to fill such vacancy enters upon his office.
โ (2) When the
President is unable to discharge his functions owing to absence, illness
or any other cause, the Vice-President shall discharge his functions
until the date on which the President resumes his duties.
โ (3) The Vice-President shall, during, and in respect of, the
Time of holding election to fill vacancy in the office of President
and the term of office of person elected to fill casual vacancy.
The Vice-President of India.
The Vice-President to be ex-officio Chairman of the Council of States.
The Vice-President to act as President or to discharge his functions
during casual vacancies in the office, or during the absence, of
President.
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period while he is so acting as, or discharging the functions of,
President, have all the powers and immunities of the President and be
entitled to such emoluments, allowances and privileges as may be
determined by Parliament by law and, until provision in that behalf is
so made, such emoluments, allowances and privileges as are specified in
the Second Schedule.
66. (1) The Vice-President shall be elected by the members of both
Houses of Parliament assembled at a joint meeting in accordance with the
system of proportional representation by means of the single
transferable vote and the voting at such election shall be by secret
ballot.
โ (2) The
Vice-President shall not be a member of either House of Parliament or of
a House of the Legislature of any State, and if a member of either
House of Parliament or of a House of the Legislature of any State be
elected Vice-President, he shall be deemed to have vacated his seat in
that House on the date on which he enters upon his office as
Vice-President.
โ (3) No person shall be eligible for election as Vice-President unless heโ
(a) is a citizen of India;
(b) has completed the age of thirty-five years; and
(c) is qualified for election as a member of the Council of States.
โ (4) A person
shall not be eligible for election as Vice-President if he holds any
office of profit under the Government of India or the Government of any
State or under any local or other authority subject to the control of
any of the said Governments.
โ Explanation.โFor
the purposes of this article, a person shall not be deemed to hold any
office of profit by reason only that he is the President or
Vice-President of the Union or the Governor or Rajpramukh or
Uparajpramukh of any State or is a Minister either for the Union or for
any State.
67. The Vice-President shall hold office for a term of five years from the date on which he enters upon his office:
Election of Vice-President.
Term of office of Vice-President.
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Provided thatโ
(a) a Vice-President may, by writing under his hand addressed to the President, resign his office;
(b) a Vice-President may be removed from his office by a
resolution of the Council of States passed by a majority of all the then
members of the Council and agreed to by the House of the People; but no
resolution for the purpose of this clause shall be moved unless at
least fourteen days’ notice has been given of the intention to move the
resolution;
(c) a Vice-President shall, notwithstanding the expiration of
his term, continue to hold office until his successor enters upon his
office.
68. (1) An election to fill a vacancy caused by the expiration of the
term of office of Vice-President shall be completed before the
expiration of the term.
โ (2) An election
to fill a vacancy in the office of Vice-President occurring by reason of
his death, resignation or removal, or otherwise shall be held as soon
as possible after the occurrence of the vacancy, and the person elected
to fill the vacancy shall, subject to the provisions of article 67, be
entitled to hold office for the full term of five years from the date on
which he enters upon his office.
69. Every Vice-President shall, before entering upon his office, make
and subscribe before the President, or some person appointed in that
behalf by him, an oath or affirmation in the following form, that is to
sayโ
that I will bear true faith and allegiance to the Constitution of India
as by law established and that I will faithfully discharge the duty
upon which I am about to enter.”
70. Parliament may make such provision as it thinks fit for the
discharge of the functions of the President in any contingency not
provided for in this Chapter.
71. (1) All doubts and disputes arising out of or in connection with the
election of a President or Vice-President shall be inquired into and
decided by the Supreme Court whose decision shall be final.
Time of holding election to fill vacancy in the office of
Vice-President and the term of office of person elected to fill casual
vacancy.
Oath or affirmation by the Vice-President.
Discharge of President’s functions in other contingencies.
Matters relating to or connected with the election of a President or Vice-President.
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โ (2) If the
election of a person as President or Vice-President is declared void by
the Supreme Court, acts done by him in the exercise and performance of
the powers and duties of the office of President or Vice-President, as
the case may be, on or before the date of the decision of the Supreme
Court shall not be invalidated by reason of that declaration.
โ (3) Subject to
the provisions of this Constitution, Parliament may by law regulate any
matter relating to or connected with the election of a President or
Vice-President.
72. (1) The President shall have the power to grant pardons,
reprieves, respites or remissions of punishment or to suspend, remit or
commute the sentence of any person convicted of any offenceโ
(a) in all cases where the punishment or sentence is by a Court Martial;
(b) in all cases where the punishment or sentence is for an
offence against any law relating to a matter to which the executive
power of the Union extends;
(c) in all cases where the sentence is a sentence of death.
โ (2) Nothing in sub-clause (a)
of clause (1) shall affect the power conferred by law on any officer of
the Armed Forces of the Union to suspend, remit or commute a sentence
passed by a Court Martial.
โ (3) Nothing in sub-clause (c)
of clause (1) shall affect the power to suspend, remit or commute a
sentence of death exercisable by the Governor or Rajpramukh of a State
under any law for the time being in force.
73. (1) Subject to the provisions of this Constitution, the executive power of the Union shall extendโ
(a) to the matters with respect to which Parliament has power to make laws; and
(b) to the exercise of such rights, authority and jurisdiction
as are exercisable by the Government of India by virtue of any treaty
or agreement:
โ Provided that the executive power referred to in sub-clause (a)
Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.
Extent of executive power of the Union.
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shall not, save as expressly provided in this Constitution or in any
law made by Parliament, extend in any State specified in Part A or Part B
of the First Schedule to matters with respect to which the Legislature
of the State has also power to make laws.
โ (2) Until
otherwise provided by Parliament, a State and any officer or authority
of a State may, notwithstanding anything in this article, continue to
exercise in matters with respect to which Parliament has power to make
laws for that State such executive power or functions as the State or
officer or authority thereof could exercise immediately before the
commencement of this Constitution.
Council of Ministers
74. (1) There shall be a Council of Ministers with the Prime Minister
at the head to aid and advise the President in the exercise of his
functions.
โ (2) The question
whether any, and if so what, advice was tendered by Ministers to the
President shall not be inquired into in any court.
75. (1) The Prime Minister shall be appointed by the President
and the other Ministers shall be appointed by the President on the
advice of the Prime Minister.
โ (2) The Ministers shall hold office during the pleasure of the President.
โ (3) The Council of Ministers shall be collectively responsible to the House of the People.
โ (4) Before a
Minister enters upon his office, the President shall administer to him
the oaths of office and of secrecy according to the forms set out for
the purpose in the Third Schedule.
โ (5) A Minister
who for any period of six consecutive months is not a member of either
House of Parliament shall at the expiration of that period cease to be a
Minister.
โ (6) The salaries and allowances of Ministers shall be such as Parliament may from time to time by law determine and, until
Council of Ministers to aid and advise President.
Other provisions as to Ministers.
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Parliament so determines, shall be as specified in the Second Schedule.
The Attorney-General for India
76. (1) The President shall appoint a person who is qualified to be
appointed a Judge of the Supreme Court to be Attorney-General for India.
โ (2) It shall be
the duty of the Attorney-General to give advice to the Government of
India upon such legal matters, and to perform such other duties of a
legal character, as may from time to time be referred or assigned to him
by the President, and to discharge the functions conferred on him by or
under this Constitution or any other law for the time being in force.
โ (3) In the performance of his duties the Attorney-General shall have right of audience in all courts in the territory of India.
โ (4) The
Attorney-General shall hold office during the pleasure of the President,
and shall receive such remuneration as the President may determine.
Conduct of Government Business
77. (1) All executive action of the Government of India shall be expressed to be taken in the name of the President.
โ (2) Orders and
other instruments made and executed in the name of the President shall
be authenticated in such manner as may be specified in rules to be made
by the President, and the validity of an order or instrument which is so
authenticated shall not be called in question on the ground that it is
not an order or instrument made or executed by the President.
โ (3) The President
shall make rules for the more convenient transaction of the business of
the Government of India, and for the allocation among Ministers of the
said business.
78. It shall be the duty of the Prime Ministerโ
(a) to communicate to the President all decisions of the
Council of Ministers relating to the administration of the affairs of
the Union and proposals for legislation;
(b) to furnish such information relating to the administration of
Attorney-General for India.
Conduct of business of the Government of India.
Duties of Prime Minister as respects the furnishing of Information to the President, etc.
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(c) if the President so requires, to submit for the
consideration of the Council of Ministers any matter on which a decision
has been taken by a Minister but which has not been considered by the
Council.
Chapter II.โParliament
General
79. There shall be a Parliament for the Union which shall consist of
the President and two Houses to be known respectively as the Council of
States and the House of the People.
80. (1) The Council of States shall consist ofโ
(a) twelve members to be nominated by the President in accordance with the provisions of clause (3); and
(b) not more than two hundred and thirty-eight representatives of the States.
โ (2) The
allocation of seats in the Council of States to be filled by
representatives of the States shall be in accordance with the provisions
in that behalf contained in the Fourth Schedule.
โ (3) The members
to be nominated by the President under sub-clause (a) of clause (1)
shall consist of persons having special knowledge or practical
experience in respect of such matters as the following, namely:โ
โ Literature, science, art and social service.
โ (4) The
representatives of each State specified in Part A or Part B of the First
Schedule in the Council of States shall be elected by the elected
members of the Legislative Assembly of the State in accordance with the
system of proportional representation by means of the single
transferable vote.
โ (5) The
representatives of the States specified in Part C of the First Schedule
in the Council of States shall be chosen in such manner as Parliament
may by law prescribe.
81. (1) (a) Subject to the provisions of clause (2) and of articles 82
Constitution of Parliament.
Composition of the Council of States.
Composition of the House of the People.
The Constitution of India (Original Calligraphed and Illuminated Version)/Part 8
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PART VIII
The States in Part C of the First Schedule
239. (1) Subject to the other provisions of this Part, a State
specified in Part C of the First Schedule shall be administered by the
President acting, to such extent as he thinks fit, through a Chief
Commissioner or a Lieutenant-Governor to be appointed by him or through
the Government of a neighbouring State:
โ Provided that the President shall not act through the Government of a neighbouring State save afterโ
(a) consulting the Government concerned; and
(b) ascertaining in such manner as the President considers most
appropriate the views of the people of the State to be so administered.
โ (2) In this article, references to a State shall include references to a part of a State.
240. (1) Parliament may by law create or continue for any State
specified in Part C of the First Schedule and administered through a
Chief Commissioner or Lieutenant-Governorโ
(a) a body, whether nominated, elected or partly nominated and partly elected, to function as a Legislature for the State; or
(b) a Council of Advisers or Ministers,
or both with such constitution, powers and functions, in each case, as may be specified in the law.
Administration of States in Part C of the First Schedule.
Creation or continuance of local Legislatures or Council of Advisers or Ministers.
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โ (2) Any such
law as is referred to in clause (1) shall not be deemed to be an
amendment of this Constitution for the purposes of article 368
notwithstanding that it contains any provision which amends or has the
effect of amending the Constitution.
241. (1) Parliament may by law constitute a High Court for a
State specified in Part C of the First Schedule or declare any court in
any such State to be a High Court for all or any of the purposes of this
Constitution.
โ (2) The
provisions of Chapter V of Part VI shall apply in relation to every High
Court referred to in clause (1) as they apply in relation to a High
Court referred to in article 214 subject to such modifications or
exceptions as Parliament may by law provide.
โ (3)
Subject to the provisions of this Constitution and to the provisions of
any law of the appropriate Legislature made by virtue of powers
conferred on that Legislature by or under this Constitution, every High
Court exercising jurisdiction immediately before the commencement of
this Constitution in relation to any State specified in Part C of the
First Schedule or any area included therein shall continue to exercise
such jurisdiction in relation to that State or area after such
commencement.
โ (4)
Nothing in this article derogates from the power of Parliament to extend
or exclude the jurisdiction of a High Court in any State specified in
Part A or Part B of the First Schedule to, or from, any State specified
in Part C of that Schedule or any area included within that State.
242. (1) Until Parliament by law otherwise provides, the
constitution, powers and functions of the Coorg Legislative Council
shall be the same as they were immediately before the commencement of
this Constitution.
โ (2) The
arrangements with respect to revenues collected in Coorg and expenses in
respect of Coorg shall, until other provision is made in that behalf by
the President by order, continue unchanged.
High Courts for States in Part C of the First Schedule.
Coorg.