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I REOD.

GOA -~
PClnaji, 7th January, 1977 (Pausa 17, 18981 SERIES I No. 41

OFFICIAL GAZETTE
GOVERNMENT ·Ol~ GOA, DAMAN AND DIU
EXTftl\O ftDJ N l\·ftV
Sections
GOVERNMENT OF GOA, DAMAN 24. Insertion of new article 139A.
AND DIU 25. Insertion of new article 144A.
26. Amendment of article 145.
27. Substitution of new article for article 150.
Law and Judiciary Department 28. Amendment of article 166.
29. Amendment. of article 170.
Notification 30. Amendment of artiCle· 172.
31. Amendment of article 189.
LD/Act of 76/77 32. Amendment of article 191.
The following Central Act, "The Constitution 33. Substitution of new article for article 192.
.34. . Amendment of article 194.
(Forty-Second Amendment) Act, 1976" which was
recently passed by the Parliament and assented to 35. Amendment of article 208:
36. Amendment of article 217.
by the President of India on 18-12-1976 and published 37. Amendment of article 225.
in the Gazette of India Part II, Section I dated 38. Substitution of new article for article 226.
18-12-76 is hereby republished for general informa- 39. Insertion of new article 226A.
tion of the public. 40. Amendment of article 227.
K. C. D. Gangwani, Law Secretary. 41. Amendment- of article 228.
42. ,Insertion of new article 228A.
Panaji,7th January, 1977. 43. Insertion of new article 257A.
44. Amendment of article 311.
The Conslitution (Forty·Second Amendment) Act, 1976 45. Amendment of article 312.
46. Insertion of new Part XIVA.
47. Amendment of article 330.
ARRANGEMENT OF SECTIONS 48. Amendment of article 352.
49. Amendment of article 353.
Sections 50. Amendment of article 356.
1. Short title and conimencement. 51. Amendment of article 357.
2. Amendment of fue Preamble. 52. Amendment of article 35S.
3. Insertion of new sub-headi~g after article 31. 53. Amendment of article 359.
4. Amendment of article SlC. 54. Amendment of article 366.
5. Insertion of new article 3lD. 55. Amendment of article 368.
6. Insertion of new article 32A. 56. Amendment of article 3710'.
7. Amendment of article 39. 57. Amendment of the Seventh Schedule.
8. Insertion of new article 39A. 58. Special provisions as to pending petitions under arti-
9. Insertion' of new article 43A. cle 226.
10. Insertion of new ar~cle 48A. 59. Power of the President to remove difficulties.
11. Insertion: of new Part IVA.
12. Amendment of article 55. The Constitution (Forty·Second Amendmentl Act, 1976
13. Amendment of article 74.
14. Amendm~nt of article 77.
AN
l~, AmendmEmt of article 81. ACT
16. Amen<Im;ent of article 82.
17. .h)nendm.'ent -'of article 83. further to amend the Constitution of India.
18; Aii.r-ndrrient of article. 100. Be it enacted by Parliament in the Twenty-seventh
19. Am~nd,!,ent of article 102. Year of the'Republic of India as follows:-
20. SubstitutiOl::' of new article for article 103.
1. Short titie and commencement. - (1) This Act
21. Amend~ent of\~rticle 105.
22;< Amendment of atticle 118.
may be called the Constitution (Forty-second
23: Insertion 6f' riew ~~cle l3lA. Amendment) Act, 1976.
442 SERIES I No. 41

(2) It shall come into force on such date as the individual or association to bring about such
Central Government may, by notification in the Offi- cession or secession;
cial Gazette, appoint and different dates may be (ii) which disclaims, questions, threatens,
appointed for different provisions of this Act. disrupts or is intended to threaten or disrupt
the sov.ereigntyandintegrity of ' India or the
2. Amendment of the Preamble.-In the Preamble security of'ihe State or the unity of the
to the Constitution, - llatiori;, '
(a) for the words "SOVEREIGN DEMOCRA- ..·.. . (iii)' whiclds intended, or which is part of
TIC REPUBLIC", the words "SOVEREIGN SO- a scheme whiCh is intended, to overthrow, by
CIALIST SECULAR DEMOCRATIC REPUBLIC" force the Government as by law established;
shall be substituted; and . (iv) which is intended, or which is part
(b) for the words "unity of the Nation", the. of .a scheme which is intended, to create in-
words "unity and integrity of the Nation" shall" terri~1 disturbance Or the disruption of public
be substituted. servl~es;

(v) which is intended, 'or which is part of


3. Inse1'tion of new sub-heading after article 31. ~ a .scheme which is intended, to threaten or
After article 31 of the Con~titiltion, the following ,disrupt harmony between different religious,
sub-heading shall be inserted, namely:- . raCial, language or regional groups or castes
or communities;
"Saving of Certain Laws"
·(e) "anti-national assoCiation" means an ass0-
4. Amendment of article 31C. - In article 31C of ciation- " .
the Constitution, for the words, brackets, letters and (i) which has for its object any anti-na-
figures ';the principles specified in clause (b) or tional activity;
clause (c) of article 3W', the words and figures "all
or any of the principles laid down in Part IV"shall (ii) which encourages or aids persons to
be substituted. undertake or engage in any anti-national
activ1ty;
5. Insertion of new article 31D.-After article 31C (iii) the niembers whereof undertake or
of the Constitution and before the sub-heading engage in any anti-national activity.'.
"Right to Constitutional Remedies", the following
article shall be inserted, namely:- 6. Insertion of new a1'ticle32A. - After article 32
of the COnstitution, the following article shaH be
'31D. Saving of laws in respect of anti-national inserted, namely: - .
activities. - (1) NotWithstanding anything con·
tained in article 13,no law providing for- "32A. Constitutional validity of State laws not
(a) the preventiou or Prohibition of anti- to be considered in '[Yl'OCeedings under article 32.-
-national activities; Notwithstanding anything in article 32, the Su-
or preme Court shall not consider .the constitutional
validity of any. State law in any proceedings
(b) the prevention of formation of, or the under that article unless the constitutional vali-
prohibition of, anti-national associations, dity of any Central law is also in issue in wch
shall be deemed to be void on the ground that proceedings.".
it is inconsistent with, or takes away or abridges
any of the rights conferred by, article 14, article 19 7. Amendment of a1'ticle 39. -In article 39 of
or article 31. ' . the COnstitution,for clause (f), the following clause
shall be substituted, namely: _ .
(2) Notwithstanding anything in this Consti-
tution, Parliament shall have, and the Legislature "(f) that children are given opportunities and
of a State shall not have, power to make laws with facilities to. develop in a 'healthy manner and in
respect to any of the matters referred to in sub- conditions of freedom and dignity and that child-
-clause (a) or sub-clause (b) of clause (1). hood and youth are-protected against exploitation
and against moral and material abandonment.".
(3) Any law with respect to any matter refer-
red to in snb-clanse (a) or sub-clause (b) of 8. Insertion of new article 39A. -After article 39
clause (1) which ·isinforce immediately before of the Constitution, the fullowing article shall be
the commencement of section 5 of the Constitu- inserted, namely: ~' .
tion (Forty-second Amendment) Act, 1976, shall
continue in force until altered or repealed or "39A. Equal juStice and free legal aid. -The
amended by Padiament. State shall secure ·that .the operation ·of the legal
system promotes justice, on a basis of equal
('I,) In this article, - opportunity, and shall, in' particular, provide free
(a) j/associationJ~means an association of legal aid, by suitable leg'is'lationor schemes or in
persons; any other way, to': ensure that opportnhity for
(b) "anti-national activity", in relation to an securing justice are· not denied to any citize'il by
individual or' association, means any action reason of economic or other disabilitiesl.".>
taken by such individual or association-
9. Insertion of new article 43A. - After articl:e 43
(i) which is intended, .or which supportS cf the Constitution, the following'arttcle shall be
any claim, to bring about, on any ground in&erted,namely: - .
whatsoever,; the cession of a part of the ter-
ritory of Iridia or the secession of a part of "43A·. Participation of 'Workers in· manpgentent
the. territory of Iwiia or which incites any of industries. - The Sta.te sha:1l take ste~,. by

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7TII JANUARY, 1977 (PAUSA 17, 1898) 443

. suitable legislation ori/l.any· o~er way,;to s.ecure 2000 have been published, be co~trued as a refe-
. the participation of workers in the. management rence to the 1971 census.' .
of undertakings, establishments or other organi-
sations engaged in any indusrtry.". 13, Amendment of article 74.- In article 74 of the·
Constitution, fOr clause (1), the following clause'shall
10. Insertion o/new article 48A. - After article 48 be SUbstituted, namely: - .
.of the Constitution, the following article Sthall be "(1) There shall be a Council of Ministers with
inserted, nmnely: ---.:: .
the Prime Mini.ster at the head 'to aid .and advise
"48A. Protection and improvement of- environ- the President who shall, in the exercise of his func-
ment and safeguarding 0/ forests a'nd wild life. - tions, act in accordance with such advice.",· .
'The State shall endeavour to protect and improve
the environirient and to safeguard the forests and 14, Amendment of article 77. - In article 77 of the'
wild life of· the country.". - COnstitution, after 'clause (3), .the following clause
shall be inserted, namely:-
11. Inserticn of. new Part IVA. -
After ,Part IV '''(4) No court or otherauthority shall be entitled
,(jfthe Constitution, the .following Part shall· be to require the production of llny rule~made under
ini;erted,naineIy: ~ . clause (3) for·themore convenient transaction of'
(<lPART IVA
the business of the. Government. of India." .

Fundamental Duties 15.. Amendment' of article 81 ..~ In article 81, of


the. Constitution'toclause (3), the follOwing proviso
51A. Fundamental duties. - It shall be the· duty shaH be added, namely: -
of every citizen of Inllia-
"Provided that the reference .in this clause to
(a) to abide by the COnstittitionand' respect ·the·last preceding censUS'of which the relevant fi-
its ideals and institutions,the National Flag gures' have been published shall, until the relevant
and the National A n t h e m ; ' .. . figures for the first census taken after the year
(b) to cherish and follow the noble ideals 2000lj!ive Peen pulll!she4,.beconstrued as,a refe-
'which:lmspired' our -national. struggle for rence '~'othe 1971' census.". " . . '. .
freedom; .
16. Amendment of article 82. '- In artiCle 82 of tile
(c) to uphold and protect the sovereignty, Constitution, after·the proviso, the following provisos
unity' and integrity cd' India; shall be inserted, namely:-
(d) to defend tlhe counrtryand 'render national
.. .
service when called upon to do so; "Provided further that such readjustment shall
take effect from such date as the President may,
(e). to promote harmony and the spirit df by order, specify a.nd until such readjustment takes
common brotherhood amongst all' the people effect, any election to the Housernay be held on
.of India transcending religious, linguistic and thi!'basls ()f the,teriitorial'c()nstituenCiesejtisting .
regional or Sl€iCtional diversities; to renounce before such readjustment:" ."
practices derogatory to the dignity of women;
Provided also that until the relevant figures for
(f) . to .value and preserve the rich heritage the first census .taken after the year 2000 have-
of our composite culture; been published, it shall not be necessary to readjust
: . (g) to protect and improve the natural envi- the allocation (jf seats in the House of the People to
. ronmeni including forests, lakes, rivers and the States and the division of each State into .terri-
wild life, and to' have compass[on for living torial constituencies under this article.".
creatures;
(h) to develop the scientific temper, huma- 17. Amendment 0/ article 83. -: (1) In article 83
nism and the spirit· of inquiry and refo!rlIl; of the COnstitution, in clauSe (2), for theworils."five
years" in the two places where they occur, the words
(i) to safeguard public property and to ab- "six years" shall be substituted.
jure violence;
(2) The amendments made by sub-section (1) to
(j)'·to strive towards excellence· in all spheres clause (2) of article 83 shall apply also to the House
of. individual and collective activity sa. that the of the People 'in existence on the date of coming into
nation constantly rises to higher levels of force of this section without prejudice to ·the power
endeavour and achievement.". of Parliament with respect to the extension of the
duration. of that House under· the proviso to that
1,2. Amendment of article 55. -In article 55 of the clause.
Donstitution, fOll" the Explanaticn, the following
Explanaticn shall be substituted, namely:-: 18. Amendment o/article 100. L- In articlelOO of
, ~ , j . :
the COnstitution, clauses (3) and. (4) shall be omit-
ted. . . .
'Explanation. ~ In this article, the expression
"population" means the population as ascertained
at the last preceding Gensus of which the relevant 19. Amendment of articlei02. ~. Iua~tic1e 102 of
figures have been published: the Constittiti()l1';for sub-clause (a) of cla.use (1), the
following sub-clause shall be substituted, namely: -
Provided tbat .the reference in this EXllkiriation ..'"c~" ~a); i~ hf'.h~ldSa~ys~W()fficecif profitunder
to the tast preceding census of which the relevant the Governnient'of 'IndIa" or the Government of
figures have: been published shall, until the relevant any State.as ls ' declared by Parliament bylaw
figtires for the first census tl!k!;n after,.:tI:)f' year to disqualify itsholder;~'" .
444 SERIES I No. 4:f

20. Substitution of new article for article 103.- (3) Without prejudice to the provisions of
For article 103 of the Constitution, the following ar- clause (2), where, on an application made by the'
ticle shall be substituted, namely: - Attorney-General of India, the Supreme Court if>
satisfied, -
"103. Decision on questions as to disqualifica-
tion. - (1) If any question arises_ (a) that a case pending before a High Court
or before a court subordinate to a High Court
(a) as to whether a member of either House of
involves questions as to the constitutional vali-
Parliament has become subject to any of the dis- dity of any Central law or,as the case may b",.
qualifications mentioned in clause (I) of arti- of both Central .and State laws; and
cle 102, or
, (b) that the determination of such questioIlS'
(b) as to whether a person, found guilty of a
corrupt practice at an election to a House of Par- . is n~essary for the disposal of the case,
liament under any law made by Parliament, shall. the Supreme Court may require the High Court
be disqualified for being chosen as, and for to refer the questions to it for its decision.
being, a member of either House of Parliament,
or of a House of the Legislature of a State, or as . .• (4) When a reference is made under clause (2)
to the period for which he shall be so disquali- or c~use. (3), the High Court shall stay all pro-
fied, or as to the removal of, or the reduction of ceedings i'n respect of the case until the Supreme
the period of, such disqualification, Court decides the questions so referred.
the question shall be referred for the decision (5,> The Supreme Court shall, after giving the
of the President and his decision shall be final. partIes an opPQ.rtunilty of being heard decide the
(2) Before giving any decision on any such ques-
questions so referred, and may _ '
tion, the President shall consult the Election Com- (a) eitiler dispose of the case dltsielf; or
mission and the Election Commission may, for this
purpose, make such inquiry as it thinks fit.". (b) return tile case to the High Court
together with a copy of its judgment on such
.questions for disposal of the case in conformity
21. Amendment of article 105. - In article 105 of
wiIth .such judgment by the High Court or, as
the Constitution, for clause (:l), the following clause
'the case may 00, the court subordinate to it." .
.shall be substituted, namely: -
"(3) In other respects, the powers, privileges and 24. Insertion of new article 139A.-Mter arti.,.
immunities of each House of Parliament. and of cle ~39 of the Constitution, the following article shall
the members and the committees of each House, be' lllsrerted, namely: _ .
shall be those of that House, and of its members
and committees, at the commencement of section 21 "1~9A: Transfer of oertain cases. - (1) If, on an
of the Constitution (Forty-second Amendment) applIcatIOn made by the Attorney-General of India
Act, 1976, and as may be evolved by such House of , the Supreme Court is satisfied that eases involvini
Parliament from time to time.". the same or substantially the same questions of
. law are pending before it and one or more High
22. Amendment oj article11S. i..:;,. In. article 118 of . '. Courts Or bef(){l'~ two or more High Courts and
the Constitution, in' clause (1); after' the words "its "thatsu,:h questions are .substantial questions of
procedure", the brackets and words "{including the general lmportance, the Supreme Court may with-
quorum to constitute a meeting of the 'Housel" shall draw the case ?r cases pending before the High
be inserted. . Court .or the HIgh Courts and dispose. of ali the
cases Itself.
23. Insertion of new article 131A. ~After article (2) . The Supreme Court may, if it deems rt
131 Of ti)e Constitution, ti).l)following article· shall b~ , expedIent so to do for the ends of justice, transfer
inserted, namel.y:
, .
-.:.... ,': ,'" .' " ' : .. ' .'. any case, a~peal or other proceedings pending
"131A. - ExclusivejUrisiliotion of the Supreme before any High Court to any other High Court.".,
Court in regard to que8tions as to. constitutional
validity .of Central, . laws. ...:..:. (~)'. Notwcitlmj:~nding 25. Insertion of new article 1.~4A. - Mter arti-
anything. contained ,in any other provision of this cle 144 of the Constitution, :the following article shall
Constitution, the Supreme 'Court shall,to·the ex- be inserted, nam€ly:-
clusion of any other court, have jurisdiction to de- . "144A. Speoial provisions as to disposal at
termine all questions relating to the constitutional questions relating to oonstitutional validity of
validity of any Central law. . laws. - (1) The minimum number of Judges of
(2) Where a High Court is satisfied- '. the Supreme Oourt who Shall sit for the purpose
(a) that a case pending before it or before a
of determining any' question as to the constitu-
court subordinate to it involves questions as to tional vali<iity of any Central law or State law'
shall be seven .
. the constitutioll!al validity of any Central law or,
. as the case may be, of both Central and state (2) A Central law or a State law shall not be
laws; and .. declared to be constitutionally invalid by the-
(b) that the. determination of such questibns Supreme Court unless a majonity of not less than
ti:s nec~ryfOr the disposal of the case, __ _ two-thirds of the Judges siltting for the purpose
of determining ,the question as to tile constitu-
the High COilrt'shall refer 'the questions for the ronal validity oflSUch law hold 'it.:to be Constitu-
decision of the Supreme Court. tionally invalid!'< . • .
,
!
7TH JANUARY, 1977 (PAUSA 17,1898-.-:)_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _44_5

26. Amendment of article 145. - In article 145 of 30. Amendment of article 172. - (1) In article 172'
"the Constitution,- of the Constitution, in clause (1), for the words
"five years" in the two places where they occur, the
(a) in clause (1), after sub-clause (a), the words "six years" shall be substituted.
following sub-clause shall be inserted, namely:-
"( aa) rules as to the proceedings in the Court
(2) The amendments made by sub-section (1) to
under articles 131A and '139A;"; clause· (1) of article 172 shall apply also to every
Legislative Assembly (including the Legislative
(b) in clause (2), for the words, brackets and AssembIy of the State of Kerala) in existence on
figure "provisions of clause (3)'~, the' words, the date of cOlrung into force of this section without
figures, letter and brackets "provisions of arti- prejudice to the power of Parliament with respect
de 144A and of clause (3)" shall be substituted; to thi:) extension of the duration of such Assembly
(c) in clause (3!), for the words, "The minimum under, the proviso to that clause.
number", the words, figures and letter "Subject
to the provisions of article 144A, the ntinimum 31. Amendment of article 189. - In article 189 of
number" shall be substituted. the Constitution, clauses (3) and (4) shall be
omitted.
27. Substitution of ne';; article for article 150.- 32. Amendment of article 19L - In article 191 of
For article 150 of the Consltitution, the following the Constitution, for sub-clause (a) of clause (1),
article shall be substituted namely:- the following sub-clause shall be substituted, na-
"150. Form of aCCf)unts of the Union and Of the mely: -
States.-The accounts of the Union and of the "(a) if he holds any such office of profit under
'States shall be kept ill "uch form as the President the Government of India or the Government of
may, after consultation with ComptroHer and any State specified in the First Schedule as is
Auditor-General of India, ,prescribe.". declared by Parliament by law to disqualify its
holder;".
28. Amendment of article 166. -: In ·article 166 of
the Constitution, after clause (3), the following 33. Substitution of new article for article 192.-
clause shall be inserted, namely:- For article 192 of the Constitution, the following
article shall be substituted, namely: -
"(4) No court or other authority shall be enti-
tled to require the 1lroduction of any rules made "192. Decision on questions as to disqualifica-
under clause (3) for' the more convenient tran- tion. - (1) If any question arises -
'saction of the business, of the Government olic the (a) as to whether a member of a House of the
State.". Legislature of a State has become subject to
any of the disqualIfications mentioned in clause
29. Amend'ment of article 170. - In article 170 '(1) of article 191, or
<)f the Constitution,- (b) as to whether a person, found guilty of a
(a) in clause (2), for the Explanation" the corrupt practice at an election to a House of the
follorwing Explanation shall be· substituted, na>- Legislature of a State under any law made by
, mely:- Parliament, shall be disqualified for being
,chosen as, and for being, a member of either
'Explanation. - In this clause, the expression House of Parliament or of a House of the Legis-
"population" ,means the population as ,ascer- lature of a State, or as to the period for which
tained as the last preceding census of which he shall be so disqualified, or as to the removal
the relevant figures have been published: of, or the reduction of the period of, such dis-
qualification,
Provided ,that the reference ·in this, ExPla-
nation to the last preceding census of which the question shall be referred for the 'decision of
thereJevant figures, have been published shall, the President and his decision shall be finaL
untH the relevant figures for the first ce·nsus (2) Before giving any decision on any such ques-
taken after the year 2000 have been ·published, tion, the President shall consult the Election Com-
be construed' as a re·rerence to the 1971 census..'; mission and the Election Commission may, for this
(b) in clause (3) , after, the proviso, the follow- purpose, make such inquiry as it thinks fit.".
jng provisos shall be inserted, namely:-
34. Amendment of article 194. - In article 194
"Provided further that such readiustment of the Constitution, for clause (3), the following
shaH take effect from such date as the Presi- clause shall be substituted, namely: -
dent may, by order, specify and until,such
, readjustment takes effect, any election to ,the "(3) In other respects, the powers, privileges
Legislative Assembly may be held on the basis and immunities of a House of the Legislature of'
of the territorial c()lllStituencies eXisting berore , a State, and of the members and the committees
such ",eadjustment: ' of a House of such, Legislature, shall be those of
that House, and of its members and committees,
Provided also, that until the relevant figures at the commencement of section 34 of the Consti-
for the first census taken after the year 2000 "tution(Forty-second Amendment) Act, 1976, and
have been .published, it shall not be necessary as may be evolved by such House of the Legisla-
to readjust the total. number of seats in the ture of a State, so far as may be, in accordance
Legislative Assembly of each State and the divi- with tltose of the House of the people, and of its
sion of such State into, territorial constituencies members and committees where such House is the
underthi8clause.". " , ' Legislative Assembly and' in 'accordance with

~~.--~--------------~~--~~~---~j
llic,,--_j,
446 SERIES I No. 4L

those of the Council of States, and of its members for such redress is provilded for by or under any
and committees where such House is the Legisla- other law for the time being in force.
tive Council.... '
(4) No .interim order (whether by way of in-
35. Amendment of article 208. - In article 20S of junction or stay or in any other manner) shall.
the Constitution, in clause (1), after the words "its be made on, or iin any proceedings relating to, a
procedure", the brackets and words "(including the petition under clause (1) unless-
quorum tp constitute a'meeting of the House)" shall (a) copies of such petition and of all docu-
be inserted. . .ments in support of the plea for such interim
order are furnished to the party against whom
36. Amendment of article 217.-In article 217 of such petition ,is med or proposed to be filed;
the Constitution, in clause (2),- and
(a) in sub-clause (b), the word ('or" shall be (b) opportunity is given to such pat1ty to be
inserted at the end; heard ih the matter.
(b) after sub-clame (b), the following sub- (5) The High Court may dispense with the
-clause shall be inserted, namely: - requirements of sub-clauses (a) and (b) of
"(c) is, in the opinion of the President, a clause (4) and make an interim order as an excep-
distinguished jurist."; tional measure if it is satisfied for reasons to be-
recorded in writing that it is necessary so to do
(c) in the Explanation, in clause (a), for the for preventing any loss being caused to the peti-
words "has held judicial office", the words "has tioner whlch ~annot be adequately compensated
held judicial office or the office of a member of a in money but any such interim order shall, if it
tribunal or any post, under the Union or a State, is not vacated earlier, cease to have effect on the·
requiring special knowledge of law" shall be subs- expiry of a peribd of fourteen days from the date
tituted. on which it is made unless the safd requirements
have been complied with before the expiry of that
37. Amendment of article 225. - In article 225 of period and the High Court has continued the
the Constitution, the proviso shall be omitted. operation of the' interim order.
3S. Substitution of new article for article 226.- (6) Notwithstanding anything in clause (4) or
For article 226 of the Constitution, the following clause (5), no interim order (whether by way
article shall be substituted, namely: - of injunctibn or stay or in any other manner)
shall be made on, or in any proceedings relating
"226. Power of High Courts to issue certain to, a petition under clause (1) where such order
writs. - (1) Notwithstanding anything in article will have ·the effect of delaying any inquilry into
32 but subject to the provisions of article 131A a matter- of public limportance or any investigation
and article 226A, every High Court shall have or inquilry into an offence punishable with im-
power, throughout the territories in relation to prisonment or any action for the execution of
which it exercises jurisdiction, tp issue to any any work or project of public utility, or the acqui-
person or authority, including in appropriate sition of any property for such execution, by the·
cases, any Government, within those territories Government or any corporation owned or con-
directions, orders or writs, including writs in the trolled by the Government.
nature of habeas corpus, mandamus, prohibition,
quo warranto and certiorari, or any of them, - (7) The power conferred on a High Court by
this at1ticle shall not be in derogation of the power
(a) for the enforcement of any of the rights conferred on the Supreme Court by clause (,2) of
conferred by the provisions of Part III; or article 32....
(b) for the redress of any injury of a subs-
tantial nature by reasqn of the contravention of 39. Insertion of new article 226A. - After article-
any other provision of'this Constitution or any 226 of the Constitution, the following article shan
provision of any enactment or Ordinance or any be inserted, namely:-
order, rule, regulation, bye-law or other instru-
ment made thereunder; or "226A. Constitutional validity of Central laws
not to be considered in proceedings under article'
(c) for the redress of any injury by reason 226. - Notwithstanding anything in article 226,
of any illegality in any proceedings by or before the High Court shall not consider the constitu-
any authority under any proVision referred to tional validity of any Central law in any procee-
in sub-cialLSie (b) where such iIIle~ty has re" dings under that article ....
suIted in substantial failure of justice.
(2) The power conferred by clause (1) to issue 40. Amendment of article 227. - In article 227 of'
directions, orders or writs to any Government, the Constitution,-
authorilty or person may also be exercised by (a) for clause (1), the following clause shall be-
any High Court exercising jut1i:sdiction in relation substituted, namely:-
to the territories within which the cause of action,
wholly or in part, arises for the exercise of such "(1) Every High Court shall have superin-
power, notwithstanding that the seat of such Go- tendence over all courts subject to its appellate
vernment or authority or the residence of such jurisdiction." ;
perso~ is not Wiithin those territories. (b) after clause (4), the follOWing clause shall
be inserted, namely: - ":I:
'0
(3) No petition for the redress of any ilJ.jury
referred to in Sub-clause (b) or sub-clause. (c) of "(5) Nothing in this articJeshaIlbe construed
"cIause (1) shall: be entertained if any other remedy as giving to a High Court any jurisdiction tOo

.....
7TH JANUARY, 1977 (PAUSA 17, 1898) 4.41

question any judgment or any inferior court of any force or any contingent or unit thereof
which is not otherwise subject to appeal or deployed under clause (1) during the period of
revision." . such deployment.".
41. Amendment of article 228. -In article 228 of 44. Amendment of article 311. - In article 311 of
the Constitution, for the words "it shall withdraw the Constitution, in clause (2) ,-
the case and may -", the words, figures and letter
"it shall withdraw the case and, subject to the pro- (a) the words "and where it is proposed, after
visions of article 131A, may -" shall be substituted. suclj'inquiry, to impose on him any such penalty,
until he haS been given a reasonable opportunity
42. Insertion of new article 228A. - After article of making representation on the penalty proposed,
228 of the Constitution, the following article shall be but only on the basis of the evidence adduced
inserted, namely:- during such inquiry" shall be omitted;
"228A. Special provisions as to disposal of ques- (b) for the words "Provided that this clause
tions relating to constitutional validity of State shall not apply -", the following shall be subs-
laws. - (1) No High Court shall have jurisdiction tituted, namely:-
to declare any Central law to be constitutionally "Provided that where it is proposed after such
invalid. inquiry, to impose UpOJl him any such penalty,
(2) Subject to, the provisions of article 131A, such penalty may be imposed on the basis of the
the High Court may determine all questions rela- evidence adduced during such inquiry and it
ting to the constitutional validity of any State law. shall not be necessary to give such person any
opportmiity of making representation on the
(3) The minimum number of Judges who shall penalty proposed:
sit for the purpose of determining any question as
to the costitutional validity of any State law shaH Provided further that this clause shall not
be five: apply-".
Provided that where the High Court consists of 45. Amendment of article 312. -In article 312
less than five Judges, all the Judges of the High of the, Constitution, -
Court may sit and determine such question.
(a) in clause (1) ,-
(4) A State law shall not be declared to be cons-
titutionally invalid by the High Court unless- (i) for the word and figures "Part XI", the
words and figures "Chapter VI of Part VI or
(a) where the High Court consists of five
Part XI" shall be substituted;
Judges 'or more, not less than two-thirds of the
Judges sitting for the purpose of determining (ii) after the words "all-India services", the
the validity of such law, hold it to be constitu- brackets and words "(including an all-India
tionally invalid; and judicial service)" shall be inserted:
(b) where the High Court consists of less (b) after clause (2), the following clauses shall
than five Judges, all the Judges of the High be inserted, namely: -
Court sitting for the purpose hold it to be cons- "(3) The all-India judicial service referred to
titutionally invalid. in clause (1) shall not include any post inferior
(5) The provisions of this article shall have ,to that of a district judge' as defined in ar-
effect notwithstanding anything contained in this ticle 236. " .
Part. (4) The law providing for the creation of the
Explanation. -- In computing the numb'er of all-India judicial service aforesaid may contain
Judges of a High Court for the purposes of this such provisions for the amendment of Chap-
article, a Judge who is disqualified by reason of ter VI of Part VI as may' be necessary for
personal or pecUniary bias shall be excluded.". . giving effect to the provisions of that law and
no such law shall be deemed to be an amend-
, 43. Insertion of new article 257A. - After arti- ment of this Constitution for the purposes of
cle 257 of the Constitution, the following article shall article 368.".
be inserted, namely:-
46. Insertion of new Part XIV A.-After,Part XIV
"257A. Assistance to States by deployment of of the Constitution, the following Part shall be in-
armed forces or other forces of the Union. - (1)
serted, namely: -
The Government of India may deploy any armed
force of the Union or any other force subject to 'PA:RT XliV'A
the control of the Union for dealing with any grave Tribunols
situation of Law and order in any State.
(2) Any armed force or other force or any con- 323A. Administrative tribunals. -(1) Parlia-
tingent or unit thereof deployed ,under clause (1), ment may, by law, provide for the adjudication
or trial by administrative tribunals of disputes
in any State shall act in accordance with such and complaints with respect to recruitment and
directions as the Government of India may issue conditions of service of .persons appointed to
and shall not, save as otherwise provided in such
directions, be subject to the superintendence or public services and posts in connection with the
affairs of the Union or of any State, or of any
control of the State Government or any officer or local or other authority within the territory of
authority subordinate to the State Government. India or under the control of the Government of
(3) Parliament may, by law, specify the powers, India or of any corporatibu owned or controlled
functions, privileges and liabilities of the members by the Government~
448 SERIES I No. 41

(2) A law made under clause (1) may- may, by public notification, declare to be essen-
(a) provide for the establishment of an admi- tial goods for the purpose of this article and
nistrative tribunal for the Union and a separate ' control of prices of such goods;
administrative tribunal for each State or for two (1z,) offences against laws with respect to
or more States; any of the matters specified in sub-clam~es (a)
(b) specify the jurisdiction, powers (includ- to (g) and fees in respect of any of those
ing the power to punish for contempt) and au- matters;
thority'which may be exercised by each of the (i) any matter incidental to any of the mat-
said tribunals; ters specified in sub-clauses '(a) to (h).
(c) provide for the procedure (including pro- (3) A law made under clause (i1) may-
visions as to limitation and rules of evidence)
(a) 'provide for the establisihment of a
to be followed by the said tribunals; ,
hieTarchyof tribunals; ,
(d) exclude th,e jurisdiction of all courts,
(b) ,specify the jurisdicti'on, powe!rs (includ-
except the jurisdiction of the Supreme Court
under article 136, with respect to the disputes illg the power to punish for contempt) and
or complaints referred to in clause (1); authority which may be exercised by each of
the said tribunals;
(e) provide for' the transfer to each such
(0) provide for the procedure (including pr0-
administrative tribunal of any cases pending
before any or other court or other authority visions as to limitation and rules of evidence)
immediately before the establishment of such , to be followed by the said tribunals;
tribunal as would have been within the juris- (d) exclude the jurisdiction of all courts',
diction of such tribunal if the causes of action except the jurisdiction of the Supreme Gourt
on which such suits or proceedings are based under article 136, with respect to all or any
had arisen after such establishment; of the matters failing within the jurisdiction
of the said tribunals; , ,
(f) repeal or amend any order made by the
President under clause (3) of article 371D; (e) provide for the transfer to each wen
(g) contain such supplemental, incidental and tribunal of any cases pending before any court
consequential provisions (including provisions or any other authority immediately before the
as to fees) as Parliament may deem necessary establishment of such tribunal as would have
for the effective functioning of, and for the been within the jurisdiction of such tribunal
speedy disposal of cases by, and the enforcement been wi'thin the jurisdiciton of SlUch tribunal
of the orders of, such tribunals. if the causes of action on which such suits or
proceedings are based had arisen after such
(3) The provisions of this article shall have , establishment; ,
effect notwithstanding anything in any other pro- (f) contain such supplemental, incidentai and
vision of this ,Constitution or iIn any other law consequential provisions (iIllCluding provisions
for the time being in fOrce. as to fees) as the appropriate Legislature may
323B. Tribunals, for other maters. - (1) The d€J€m necesSary for the effective functioning of,
appropriate Legislature may, by law, provide for and fo .. the speedy disposal of cases by, and
the adjudication or trial by tribunals of any dis- the enforcement of the orders of, such tri-
putes, complaints; or offences with respect to 'bunals.
all or any of the matters specified ill clause (2) (4) The provisiOns ofthls article shall have
with respect to which such Legislature has power eiffe'ct notwithstanding anything in any other pro-
to make laws. ' vision of this Constitution or in any other law for
(2) The matters referred to in clause (1) are the time being in force. ,
the following,r,tamely: - "
(a) levy, assessment, collection and enforce- Explanation. - In this article, "appropriate
ment of any tax; Legislature", in relation to any matter, means
Parliament or, 'as the case may be, a State Legis-
(b) foreign exchange, import and export lature competent to make laws with-respect to
across customs frontiers; such matter in accordance with the provisions of
(c) industrial and labour disputes; Part XI.'.
(d) land reforms by way of acquisition by
the State of any estate as defined in article 3lA 47. Amendment of article 330.-In article 330
of, ,the Coustitution, the following Explaria,tion shall
or of any rights therein or the extinguishment
or modification of any such rights or by way be inserted at the end,namely: ,--' '
of ceiling on agricultural land or in any other
Explanation. - In this article and in article 332,
way;
the expression ,"population" means the population
(e ) ceiling on urban property; as ,ascertained at the last preceding cenSThS of
(f)' elections to either House of Parliament which the relevant figures have been published:
or the House or eilther House of the Legislature Provided that the reference in this Explanation
of a 'State, but excluding the matters referred to the last preceding census of which the relevant
to i'll, article 329 and article 329A; fignreshave been published shall, until· the rele-
, ',' - "I
(g) producUon, procurement, supply and dis- vant figures' for the first census taken 'after the
tribution 9ffoo~-stuffs (including edible oilseeds year 2000 have been published, be construed as a
and oils) and.such other goods as the President reference to the 1971 census.'., .
. 7TH JANUARY, 1977 (PAUBA 17, 1898)

48. Amendment oj article 352. - In article 352 of " ritory of India, any such law, may be made, or
:;any suc.h executive action may be taken, under
the Constitution,-
this article in relation to or in any State or Union
'(a) in clause (1), after the words "make a territory an which or in any part of which the
declaration to that effect", the follow.ing shall be . Proclamation of Emergency is not in operation,
inserted, namely:- iff and in safar as the security of' India or any
"in respect of the whole of India or of ~1I:c.h part of the ,territory thereof is threatened by
part of the territory thereof as may be specifled ..activities· in or in relation to the part of the ter-
in the Proclamation"; . . ritoryof Indi'a in which the PrOclamation of Emer-
.gency is In operation.". . .
(b) In clause (2), in sub-clause (a), after the
word "revoked", the words "OII' varied" shall be 53. Amendment of article 359. - In article 359
inserted; Of the:Constitution,-
(c) after clause (2), the foJllowing c1auseSb.all
(a) to clause (IA), the following proviso shall
be inserted, namelY:- be added, namely:- .
. "(2A) Where a Proclamation issued :under "Provided .that where a Proclamation of
clause (1) is varied by a subsequent Procla- 'Einergency is in operation only in anly part of
mation, the provisions of clause (2) shall, so the territory of India, any such law may be
far as may be, apply in relation to such subse- made, or any' such executive action may be
quent Proclamation as they apply dn relation taken, under this article in relation to or in
to a ProClamation issued under clause (1).".
any State or Union territory an whit:h or' in
49. Amendment 0/ article 353.-To article 353 any part of which the Proclamation of Emer-
of the Constitution, the following proviso shall be gency is not in operation, if and in so far as
added, namely:- the security of India or any part: of the territory
thereof is threatened by activities in or in rela-
"Provided that where a Proclamation of Emer- tion to the part of the territory of India in which
gency is in operation only in any part of the the Proclamation of Emergency is in operation." ;
territory of Indi'a,- (b) to clause. (2),. the folloWing proV'isC> shall
(i) .the executive power of the Union to give ·be added, namely:-'-
directions under clause (a), and . "ProvidedJ;hat where a Proclamation of
(ii) the power of Parliament to make laws .Emergency is In operation onlY'in apart of
under clause (b), shall also extend to any State the territory of India, any 'such order shall not
other than a State in which or in' any part of extend to any part of the territory of. India
which the Proclamation of Emergency is, in unless the President, being satisfied that the
operation if and in so far as the security of securilty of India or any part of the. territory
India or any part of the territory. thereof' is thereof is threatened by activities in or inre-
threatened by activities in or in relation to the lation to the part of the territory of India in
part of the territory .of India in which the which the Proclamation of Emergency is in ope"
Proclamation of Emergency is in operation.". ration, considers such extension to be neces-
sary.".
50. Amendment of article 356. - In article 356 of
the Constitution, in clause (4), for the words "Sil!' 54. Amendment of article 366. - In article 366
months", wherever they occur, the ,vords "one year" of the Constitution, - . .
shall be substituted.
(a) after clause (4), the following clause shall
51. Amendment 0/ article 357. - In article 357
(1) be inserted,' namely:- '
of the Constitution, for clause (2), the following , (4A) "Central law" means any law other
clause shall be substituted, namely: - than a State law but· does not include any
"(2) Any law made ii\ exercise of the power of amendment of this Constitution made tinder
the Legislature of the State by Parliament or the article 368;'; ,
President or obher authority referred fu in sub- (b) after clause (26), the follo\vingclause shall
-clause (a) ·cf clause (1) which Parliament or the be inserted, namely:-
President or such other authority would not, but
for the issue of a Proclamation under article 356, '(,26A) "State- law" means-:
have been compe'tent to make shall, after the (aJ a 'State Act or an Act of the. Le-gisla-
Proclamation has ceased to operate, continue in ture of a Union territory;
force until altered or repealed or amended by a
competent Legislature or other authodty.". (b) an Ordinance promulgated by the Go-
Vlernor of a State' underarricle 213 or by the
(2) The amendment made by sub-section (1) administrator of a Union' territory uilder ar-
shall apply also to any law referred to <in clause (2) ticle 239B;
of article 357 of the Constitution which. lsin force
(e) any provision with respect to it matter
immediately before the coming into force df this
in the State List in a Central Act made before
section.
52. Amendment oj article 358.-To article 358
.
the commencement 'Of this Constiitution;
. .
(d) any provision with respoot to.a matter
of the Constituti6n, . the. following proVliso shall be ' .. in the State Listor the· Concurrent List in a
.~ , added, namely: --'- ' ,. . Provincial Act; .
'.
"Provided that where a Proclamation 'of 'Emerc • . (e) any~otif1iCaJti~n, 'Order,.scheme,rule,
gency is in. oper3ltiiononly in )any part of tJjeter~ reguIation or bye-law or any other instrument
"SERIES 1 No. 41

having .the focce of iaw made under any ACt, (iv) entries 11, 19, ,20 and 29 shall he omitted;
Ordinance or provWions referred tom sub. (v) in entry 55, the words "and advertise-
-.clause (a), sub.claure(b),sub-clause (e) or . .ments broadcast by radio or television" shall be
sub-clause (d); inserted,at the end;
(f) any natIDcation,' ordelr-, scheme, rule, (c) in List III - Concurrent List,-
regulation or bye-law or any OIther iinstrumwt
.' (i) after entry 11, the following entry shall be
having the furceof law, not falling under inserted, namely:-
sub-cktuse (e), and made by a StaJte GoV€ll'll-
menf or the administrator ofa Union terri- "l1A. Administration of justice ;constitu-
tocy or an ofJ5icer or 'aJlLthoritysubordinate tionand organisation of all courts, except the
to .such Government or administrator; and 'Supreme COurt and the High Courts.";
'.. (g) any other law (including any)lSlllg1e or (ii) , after entry 17, the following entrhis shaH
custom having the forCe of 1aw) with respect ... be .inserted; namely:-
to a"matter in the State List.'. . "17A. Forests.
. 55. Amendment oj article. 368.~:rn article 368 171B.Proteduolll of .wild animalS1. and birds.";
of the COnstitution, afte.. clause '(3), the following (iii) after "ntry 20, the following entry. shall
Clauses shall be inSerted, namely:-'- . be inserted, namely: - .
"20A. Population control and family plann-
"(4) No amendment of this COnstitution (inclu-
itig." ;
ding the provisions of Part III) made or purport-
ingto have been made under thls article [whether (iv).t:or ent,ry 25, the following entry shall be
before or after the commencement of section 55 substituted, namely:~. .
of the COtJlStitution (Forty-second Amendment) "25. Education,. including technical educa-
Act, 1976] shallbe.called in question in any court tion, medical education and universities, sub-
. on any ground. . . , . ject to .the provisions of entries 63, 64, 65 and
(5) FOr the removal of doubts, it is hereby 66 of List I; vocational and technical training
. declared that there shall be no limitation Whatever of labour."; ,
on the constituent power of Parliament to ame!lld (v) after entry 33, the folloWing entry shaH
by way of addition, variation or repeal the pro- be inserted, namely:-
visions of this ,COnstitution under this article.".
"33A~ Weights and measures except estab-
lishment of standards.".
56. Ame¢ment oj article 371F. -- In article 37!F
of the COnstitution, in clause (c), for the words '~flve­ 58. Special provisions as tQ pending petitions under
years", the words "six years" shall be substituted and article 226. - (1) Notwithstanding anything con-
for the words "four years" in the two places where tained in the COnstitution,everypetition made under
they occUr, the words "five years" shall be ·substi- artide226 of the Constitution before the appointed
tuted.· - day and pending before any High COurt inImediately
before that day (such petition being referred to in
57. Amendment oj the Seventh Scheduze~~In the this section as. a pending petition) and any interim
Seventh SChedule to the Constitution,- order -(whether by way of injunction Or stay or in
(il) in List I - Union List, afterentry2,the
any otherJllanner)inade on, or in any proceedings
following entry shall be inserted, namely: -- relating to, such petition before that day shall be
dealt with in accordance with the provisions of arti-
"2A. Deploymentofany armed fo~ of the cle 226 ~. ~ubstituted by section 38.
Union or any other force subject to the control
of- the Union or any contingent or Uhit thereof (2) In particular, and without prejudice to the ge-
in any State in aid of the civil power; powers, nerality of the provisions of sub-section (1), every
jurisdiction, privileges and liabilities of the pending petition before a High COurt which would
members of such forces while on such deploy- not have been admitted by the High COurt under the
. ment.~~; provisions of article 226 as substituted by section 38
if such petition had been made after the appointed
(b) in List II - State List, - day, shall abate and any interim order (whether by
(i) in entry 1, for the words "the use of naval, way of injunction or stay orin any other manner)
military or air forces or any other armed forces made on, or ill any proceedings relating to, such peti-
of the Union" ; the words "the use of any naval, tion shall stand. vacated;. '
military or air force or any other armed force j
of the Union or of any .other force subject to the Provided that nothing contained in this sub-sec-
control of the Union or of any contingent or unit tionshall affect the right of the petitioner' to seek
thereof" shall be substituted·; ~elief under any. other law for the time being in force
ill respect of the matters to which such petition rela-
(ii) for entry 2, the following entry shall be
substituted, namely:- tes and in comp'uting the period of limitation, if any,
for seeking such relief, the period during which the
'~2. Police: (including railway and village proceedings relating to such petition were pending
. police) subject to the provisions of entry 2A in the High COurt shall be excluded .
of List I.";
. (3).Everyinteri~order (whether by W~y of in-
(iii) in entry 3, the words "Administration of JunctIOn or stay or ill any other manner) which was
justice; constitution and organisation of all made before the appointed day, on, or in any. pro-
courts, except the Supreme COurt and the High ceedipgs rel~~gto:a'.pendingpetition [notheing a
Courl;" shiill-be omitted; pending petition WhiCh has abated Uhder sub-section

- M' "
__
._J i
7'1'H JANUARY, 1977 (PAUSA 17, 189.8) 451
.----
(2) .I, and which is in force on that day, shall, unless if such order has the effoot of delaying any inquiry
before the appointed day copies of such pending peti- into a matter of public importance 'Or any inVEl&-
tion and of documents in support of the plea for such tigation 'Or inquiry into an offenc& punishaMe with
interim order had been furnished to the party against imprisonment or any action for the execution of
whom such interim order was made and an oppor- any work 'Or project of public utility, 'Or the' aequi-
tunity had been given to such party to be heard in sition of any property for· SU<lh execution, by the
the matter, cease to have effect (if not vacated ear- Government or any C'Orporation 'Owned or contr'Olled
lier),--,- by the Government, stand vacated.
(a) on the expiry of a period of one month from
Explanation. ~ In this section, "appointed day"
the appointed day, if the copies of such pending means the date on which section 38 comes into f'Orce.
petition and the documents in support of the plea
for the interim order are not furnished to such 59. Power of the President to rem01Je difficulties.
party before the expiry of the said period of ·nne - (1) If any difficulty arises in giving effect to the
month; or provisions of the Constitution as amended by this
(b) on the expiry of a period of four months Act (including any difficulty in relation to the tran-
from the appointed day, if the copies referred to sition from the provisions of the Constitution as they
in clause (a) have been furnished to such party stood immediately before the date of the President's
within the period of one month referred to in that assent to this Act to the prOVisions of the Consti-
clause ·but such party has not been given an oppor- tution as amended by this Act), the President may,
tunity to be heard in the matter before the expiry by order, make such provisions, including any adap-
of the said period _of four months. tation or modification of any provision of the Cons-
titution, as appear to him to be necessary or expe-
(4) Notwithstanding anything contained in sub- dient for the purpose of removing the difficulty:
-section (3), every interim ord€<l' (whetheT by way
of injunction or stay or in any other manner) which Provided that no such order shall be made after
was made befnre the appointed day, 00, or in any the expiry of two years from the date of such assent.
proceedings relating to, a pending petiti'On [n'Ot being (2) Every order made under SUb-section (1) shall,.
a pending petiti'On which has abated under sub-sec- as soon as may be after it is made, be laid before
tion (2).1, and which is in force on that day, shall, each House of Parliament.

"

GOVT. PRINTING PRESS-GOA


(lmprensa' Nacional- Goa)
PRICE-RB. 1-201'8.

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