 corrigendato             iollj (forty-fifth lj'-1endhent)                                          bill,                                                1978the constitut               1                  •(to be/as          introduced                       in                          10k sabha)1page19,line6,-for"supp , scr 11) iireadiistlpp scr 1)page21,lines 8- and 9,-2for"sub-clause(2) "read"clause(2) "3page23,line18 from bot tom i;for"prov~sion"read"provisions"4page25,1 8,-_llle5for"a centralgovernment iiread"thecbntral_go vernm---page28, line5,-for"article311read"article13"-6page28,line-) frot:: bottom, _i7foriiqustioniireadiique stlon ii-page32,line8,-for"cased ii~liceased"-8page,'inthemarginalheadingtoarticlo)'+,239b, -' for"0rdidinances "~"0rdin anc e s ii-9page35,line5 from bottom,_10for"or de r iiread"ordersii-page38,line23,-11for"hereby"read"wnere by ii--page39,line14 from bottom, _forlip] ace s "readilplace"--12page 40,inthemarginalhe adarig toartic le 359,-for''tneen ro rcerne nt"read"theenforcement"13p3l·age + , _lne2,-/new delhi;nay10,·1978 arrangement 0' ·clauses clausu1 short title and commencament 2 amendment of article 19 3 amendment of article 22 4 amendment of article 30 5 omission of sub-heading after arti<!ie 30  6 omission of article 31 7 amendment of article 3la 8 amendment of article 31c 9 amendment of 8irticle 38 ,,-; '10 substitution of new article for article 71 11 amendment of article 74 12 amendment of article 77 13 amendment of article 83 14 substitution of new article for article 108 15 amendment of article 105 18 amendment of article 123 17 amendment of article 132 18 amendment of article 133 19 amendment of article 134 20 insertion o;f new article lma 21 amendment of article 139a 22 amendment of article 150 23 amendment of article 168 24 amendment of article 172 25 substitution of new article for article 192 28 amendment of article 194 27 amendment of article ~13 28 amendment of article 217 29 amendment of article 225 30 amnment of article 22ft  €lau 31 amadment of article 227 32 amendment of article 239b 33 omission of article 257a 34 insertion of new chapter iv in part xii 35 omission of part xiv a 38 amendment of article 329 37 omission of article 329a 38 amendment of article 352 39 amendment of article 358 40 amendment of article 358 41 amendment of article 359 42 amendment of article 360 43 imertion of new article 36ia 44 amendment of article 366 4& amendment of article 368 48 amendment of article 37if 4 __ ~ 47 amendment of the seventh schedule ---~-48 amendment of the ninth schedule 41 amendment of the constitution (forty-second amend~) act, 1976  !'he constitution (forty-fifth amendment) bill, 1978 billfurther to a~ the con~titutioft 0/ 'tacita be it enacted by parliament in the twenty-ninth year of the republic at india as follows:-1 (1) this act may be called the constitution (forty-fifth amend-sher& rnent) act, 1978 title add commencement (2) it lhall come into force 00 such date as the central government may by notification in the official gazette, appoint and cwrwent deta may, be appointed for different provisions of thill act z in article 19 of the constitution,-(0) in clause (1),-amend ment of article 1', to (i) in sub-clause (e), the word "and" shall be inserted at the end; (to aub-clause (/) shall be omitted; (b) in clause (5), for the words, brackets and letters "1ub<laute8 (d), (e) and (f) ", the words, brackets and letters "su~lauwi (d) and (e)" shall be substituted is 3 in article 22 of the conititution,-amead-clause shall be substituted, =~ (a) for clause (4), the following name1y:-- (4) no law providing for preventive dtention shall author»e the det,tioa of a pej'llon for a 10nter period thq two' months unless an advisory board constituted in accordance with the recommendations f the chief justice of the appfcipriate high court has reported before the expiration of the said perioo ,! two months that there is in its pinion sufficient cause foir such detention: provided that an advisory board shall consist of a chairman and not less than two other members, abd the chairman shall be a serving judge of the appropriate high court and the other members shall be serving or retired judges of any high court: provided further that nothing in this clause shall authorise 10 the detention of any person beyond the maximum period prescribed by any la n made by parliament under sub-clause" (a) of clause (7) explanatio'l1-in this clause, "appropriate high cout·  is (i) in the case of the detention of a person in pursuance of an order of detention made by the government of india or an officer or authority subordinate to that government, ~ ~' tne h~p court for the union territory of delhi; (ii) ~ the case of the detention of a person in pursuanc~ 20 , of an order'of detention made by the government' of any state (other than a union territory), the high court for that state; and (iii) in the case of the detention of a person in pursuance of an order  of detention made by the administrator of a 2; union territory or an officer or authority subordinate to such administrator, such high court as may be specifte by or under any law made by parliament in this behalf'; (b) in clause (7) ,- '~:' (i) sub-clause (a) shall be omitted; 30 (ii) sub-clause (b) shall be re-iettered as sub-clause (/1); and "yiii) sub-clause (c) shall be ~e-lettered as sub-clause (b) and in the sub-clal1se as so re-iettered, for the words, brackets, letter and figure "sub-clause (a) of clause (4)", the word, brack~ts and fig\lli'e- "clalase (4) , shall be substituted 35 4 in' arucle 30 of thecoostitution, after clause (1), the following t'}ause shall be inserted, namely:-amencl anent ot article so u(1a) in making a'ny law providing for the compulsory acquisi-twn qi::any rlpper~y of an education~ ~~titution established and , ,~dis_ed by a minority, referx:ed to in clause (1), ,the st4te ~n 40 ensure that the amount fixed by or de~rmined under~uch law for tile acquisition of such property is such as would not restrict or atj;ogate the right guarantt:ed under that clause", ,  o~n'" 5 'nle sub-beading "right to properly" occurring after articl~ 30 of of •• -:, 'thetodltitution shall be omitted,   45 '--beadinl aftii' arucleau ," "   ~ ~ , ,j'" "  ,  • articie 31 of the constitution shall be omitted omiuion of article 31 7 in ~ticle 31a of the constitution, in clause (l), for the werds and ftgures "article 14, article 19 or article 31", the words and figures "article 14 or article 19" shall be substituted amend ment of article 3la 8 in article 31c of the constitution,-5 amend ment of article 3lc (a) for the words and figures "all or any of the principles laid down in part iv", the words, brackets, letters and figures "the principles laid down in clause (b) or clause (c) of article 39" shall be substituted; 10 (b) for the words and figures "article 14, article 19 or article 31;", the words and figures "article 14 or article 19:" shall be substituted; (c) the words "and no law cgntaining a declaration that it is for giving effect to such po!icy shall be called in question in any court on the ground that it does not give effect to such policy:" shall be omitted amend· ment of article 38 9 article 38 of the constitution shall be renumbered as clause (1) thereof and after the clause as so renumbered, the following clause shall be inserted, namely:-"(2) the state shall, in particular, strive to minimise the 20 inequalities 'n income, and endeavour to eliminate inequalities in status, faellities and opportunities, 'not only amongst individuals but alsoamangst groups of people residing in different areas or enga:ged in different vocations" 10 for article 71 of the constitution, the following article shall be 25 substituted, namely:-substitu tion of new article for "' article 71 "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 8j1d decided by the supreme court 'y'hose decision shall be final 30 (2) if the e)(:ctlo;l of a person as presioent or vice-tjrcsident is declared void by the supreme court, acts done by him in the exercise and pertormance of the powers and duties of the office of president matters relating to, or connected with, the election of a president or vice· preoident 01' vice-president, as the case may be, on or befdre the date of the decision of the supreme court shall not be invalidated by reason of that declaration 35 (3) subject to thf! provisions of this constitution, parliament tnay by law regulate any matter relating to or connected with the election of a president or vice-president (4) the election of a person as president or vice·president shall not be called in question on the ground of the existence of any v~ancy for whatever rellson among the !tlembers of the electoral ','" eoljeee electing him" ', 1 11 in article 74 of the constitution, in clause (1), the followi~ froviso shall be inserted at the end, namely:-&nenel ment of article 74 "provided that the president may require the council of ministers to reconsider such advice, either generally or otherwise, and the president shall act in accordance witlfthe advice tendered after such s reconsideration"  12 in article 77 of the constitution, clause (4) shall be omitted amend mento! article '1'1 amend 13 (1) in 8ll'ticle 83 of the constitution, in clause (2), for the words iftent of "six yeal s" in both the places where they occur, the words "five years" article 83 ~hall be substituted 10 (2) the amendments made by sub-section (j) to clause (2) of article 83 shall apply also to the house of the people in existence on the date of coming into force of this section without prejudice to the power of parliament with respect to the extension of the duration of that house under the proviso to that clause 15 subatitu_ 14 for article 103 of the constltution, the follclwing article shall be tion o! substituted, namely:-new article for article 103 decision on questions uto disqualwlcations of members "103 (1) it any question arises as to whether a member ot either house of parliament has become subject to any of the c:lisquali· tications mentioned in clause (1) ci article 102, the question shall be 20 referred for the decision of the president and his decision shall be final -(2) before giving any decision on any such question, the presi· dent shall obtain the opinion of the election commission and shall act according to such opinion" 25 amend ment of article 105 15 in article 105 of the constitution, in clause (3), for the words "shall be those of the house of commons of the parliament of the united kingdom, and of its members aoo committees, at the commencement of this constitution", the words, figures and brackets "shall be those of that h'juse and of its members and committees immediately hefore the coming 30 into force of section 15 of the constitution (forty-fifth amendment) act, 1978" shall be substituted 1& in article 123 of the constitution, 'clause (04) shall be amittecl 11 in article 132 of the constitution,-amend mento! article 123 amend lilent of m1c:1 sa (a) in clause (1), for the words "if the hip court certiftea", the 35 words, figures and letter "if the high court eertiftes under article 134a" shall be substituted; (h) clause (2) shall be omitted; (c) in clause (3), the words "or such leave is granted," and the words "mel, with the leave of the supreme court, on any other 40 eround" saall be omitted ~' _ 18 in article 133 of the constitution, in clause (1), tor the words "if t,tle high court certifies-it, the words, figures and letter "if the high court certiftes under article 134a-" shall be substitubed amend ment of article 133 19 in article 134 of the constitution, in sub-clause (c) of clause (1), s lor the word "certifies", the words, figures and letter "certifies under article 134a" shall be substituted amend ment ot urticle 13 •• 28 after article 134 of the constitution, the following artic1e shall be inserted, namely:-if) 1t134a every high court, passing or making a judgment, decree, final order, or sentence, referred to in claus£' (1) of article 132 or clause (1) of article 133, or clause (1) of ali'ticle 134,-(a) may, if it deems fit so to' do on its own motion; anc: insertion ot new article 134a certificate tor appeal to the supreme court (b) shall, if an oral application is made, by or on behalf of the party aggrieved, immedi~telv il fter the passin'g or making of such judgment, decree, final order or sentence, 20 determine, as soon as may be after such passing or making, the question whether a certiflcnte of the nature ilieferred to in clause "(1) of article 132, or clause (1) of article 133 or, as the case may be, subclause (c) of clause (1) of article 134, may be given in respect of that case" ~ in article 139a of the constitution for clause (1), the fodowing dause shall be substituted, namely:-amendment of iu't1c1 13m it (1) where cases involvinl! the sa moe or ~bstantirllv' the same questions of law are pendine: before the supreme court and m'le or ~5 more high courts 01' before two or mo!,,(, hir{h courts and the supreme court is satisfied on its own m:-rtion or on an apl'lication made by the attorney-general of tndia or bv ii partv to anv such e!lse that such questions are substantial questions of ileneral fmportance, the supreme court mav withdr/lw the case or cases pendinr' 30 before the high court 01' the hi¢l courts and disposf! of all the cases itself" -21 tn ride 150 cyf the constitution, fot' the words "after consultation with", the words "with the concurrence of' shall be substituted ameadment 01 article 13 tn article 168 of the constitlltion c1rus«" (4) !'lnr11 be omitted 35 24 (1) ij;i article 172 of the constitution in elau!llp (1), for the word" "six years" in both the places where they occur th, "words "flve yean" ~  h~n be substituted \ 1io~ amend ment of article 188 amendment of article 172 (~) the amendments made by subofjecti~ (1) to clau!le '(1) of attiele t 72-40 (a) shall not apply to anv e1dsttn~ sta~ legislative assembly the -period of existence wh~?'foof r~ computed from the date appofnted for itt &'it meetiil, fc the dati" i)f· comin~ ij'lto fo~ of this secttol\ (both dates inclusive) is more than four,years and eight montlls but every such assembly shall, unless sooner dissolved, stand dissolved on the expiry of-(i) a period of four months from the date of coming into force of this section; or 5 (ii) a period of six years from the date appoirted for ttl first: meeting, whichever period expires earlier; (b) shall apply to every other existing state legislative assembly without prejudice to the power of parliament with respect to the 10 e-<tension of durat' on of such assembly under the proviso to the said clause (1) explanation i-in its application to the legislative assembly of the state of sikkim referred to in clause (b) of article 371f of the constitution, this sub-section shall have effect as if-is (i) the date appointed for the first ~eeting' of that assembly were the 26th day of april, 1975; and (ii) the references in clause (a) of this sub-!3ection to "four years and eight months" and "six years" were references to "three years and eight months" and "five years" respectively 20 explanation ii-in this sub-section, "existing state legirlative assembly" means the legislative assembly of a state in existence on the date of coming into force of this section 25 for article 192 of the constitution the following article shall be substituted, namely:-25 subrtitu· tion of new article for al'ltic~ 192 "192 (1) if anv question arises as to whether a m~ber of 8 house of the legislature of a state has become subject to any of the disqualifications mentioned in clause (1) of artide 191 the c1uestion shall be referred for the decision of the governor and his decision shall be final 30 decision on question, as to disqualifi cationsof members (2) before ~ving any decision on any such question, the governor shall obtain the opiniotl of the election cnmmission and shah act according to such opinion" amend ment of al1ticle 194 • in article 194 of the constitution, in clause (3) for the words "shall be those of the house of commons of the parliaml"nt of the united 35 kithfd(\m and of its members and committees, at thecom:rnencf"'llent of this constitution",tne words figures  an(i brackets  "shal1be those of that house and of its members and committees immediatelv before the  ~ ""  , '" ('nminq; into force of seetion 26 of the constitution (forty-fifth amend· ment) act; 19'78" shall be substituted '   40 • in article 213 of ilie constitution clause (4) shall be omitte<l "  ~ '"    " , " • in article 217 of the constitution, in clause (2) ,-(a) in sub-clause (0), the word "or" occurring at the end shall be omitted; an\an4 men, of arucle 217 (d) sub-clause (c) shall be omitted; (c) in the explanation clause (a) shan be re-iettered as clause (aa) and before clause (cull as so re-iettered, the following clause shall be inserted, namely:-10 "(4) in computing the period during which a person has held judicial office in the territory of' india, there shall de included any period, after he has held any judicial office, during which the person has been an advocate of a high court or has held the office of a member of a tribunal or any post, under the union or a state, requiring special knowl~e of law;" is' 29 in article 225 of the constitution, the following proviso shall be knenciinserted at the end, namely:-ment of artic:le ??'!" ~-) '-"  20 "provided that any, restriction to which the exercise of ori8iba1 jurisdiction by any of the high courts with respect to any matter concerning the revenue or concerning any act ordered or done in the collection thereof was subject immediately before the commencement of this constitution shall no longer apply to the exercise of such jurisdiction" 30 in article 226 of the constitution,-amend-jili!irlof article 228 (a) in clause (1), for the portion beginning with the words "writs in the nature of habeas corpus, mandamus, prohibition, quo wartanto and ce?'tiotari, or any of them" and ending with the words "suclr illegality has resulted in substantial failure of justice", the following shall be substituted, namely:-"writs in the nature of habeas corpus, mandamus, prohibi-30 tion, quo wartanto and certiorari or any of them, for the enforcement of any of the rights conferred by part iii and for any other purpose"; (b) for clauses (3), (4), (5,) and (6), the following clause shall be substituted, namely:-35 "(3) where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, a petition under clause (1), without-(4) furnishing to such party copies of such petitioa and all documents in support of the plea for such interim order; and (b) giving such party an opportunity of being heard makes an application to the high court for the vacation of such order and furnishes a copy of such application to the party jn whose favour such order has been made or the counsel of iiuch pirty, the high court shall dispose of the applicatiorl within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the high court is closed on the last day of that period, before the expiry of the s next day afterwards on which the higb court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the said next day, stand vacated"; (c) dause (7) shall be renumbered as clause (4) 10 31 in article 227 of the constitution,-· amendment of article 22'7 (4) for clause (1), the following clause shall be substituted, namely:-"(1) every high court shall have superintendence ove,:' all courts and tribunals throughout the territories in relation to 15 whieh it exercises jurisdiction"; (b) clause (5) shall be omitted 32 in article 2i9b of the constitution, dause (4) shall hq omitted amendment of article 239b 33 article 257a of the constitution shall be omitted omis &ion of article '-5'1ao 34 in part xii of the constitution, after chapter iii, the following 20 chapter shall be inserted, namely:- "chaprer iv-right to propertyinsertion of new chapter ivln part xii 300a no person shall be deprived of his property save by authority of law!' person!! not to be deprived ~ pro--perty save by authority of law 35 part xiva of the constitution shall be omitted om1ss1on of part xlva 36 in article 329 of the constitution, in the opening portion, the words, figures and letter "but subject to the provisions of article 32qa" shall be omitted amendment of art1ele 329 37 article '329a of the constitution shall bt?l omitted 38 in article 352 of the constitution,-om1salon of article 329a amendment of art1cle 353 (4) in clause (1),-ii) for the words "internal disturbance", the words "armed rebellion" shall be substituted;  (iii) the following erplanation shall be inserted at the end, namely:-"explanation-a proclamation of emergency declaring that the security of india or any part of the territory thereof is threatened by war or by ext-nal aggression or by armed 'rebellion may be made before the actual occurrence of war or of any such aggression or rebellion, if the president i!t satisfie¥i that there is imminent danger thereof"; (b) for clauses (2), (2a) and (3), the following clauses shall be 10 lubstituted, namely:-"(2) a proclamation issued under clause (1) may be varied or revoked by a subsequent proclamation (3) the president shall not issue a proclamatioq un~ clause (1) or a proclamation varying such proclamatiqn unless is the decision of the union cabinet (that is to say, the council consisting of the prime minister and other ministers of cabinet rank appointed under article 75) that such a proclamation may be issued has been communicated to him in writing (4) every proclamation issued under this article shall be 20 laid before each house of parliament and shall, except where it is a proclamation revoking a previous proclamation, cease to operate at the expiration of one month unless before the expiration of that period it has been approved by resolutions of both houses of parliament: 25 provided that if any such proclamation (not being a proclamation revoking a previous proclamation) is issued at a time when the house of the people has been dissolved, or the dissolution of the house of the people takes place during the period of one month referred to in this clause, and if a resolution approv-30ing the proclamation has been passed by the council of states, but no r~olution with respect to such proclamation has been passed by the house of the people before the expiration of that period, the proclamation shall cease to operate at the expiration of thirty days from the date on which the house of the people 35 first sits after its reconstitution, unless before the expiration of the said period of thirty days a !'esolution approving the pr0-clamation has been also passed by the house of the people (5) a proclamation so approved shall, unless revoked cease to operate on the expiration of a period of six months from the 40 dat~ of the passing of the second of the resolutions approving the proclamation under clause (4): provided that if and so often as a resolution approving the continuance in force of such a proclamation is passed by both houses of parliament the proclamation shall, unless revoked,  , continue in force for a further period of six months from the date on which it would otherwise have ceased to operate under this c1ause:~' provided further that if the dissolution of the house of the p~e takes place during any such period of six months and a resolution approving the continuance in force of such proclamation has been passed by the council of states but no 'resolution with respect to the continuance in force of such proclamation has been passed by the housel of the people during the said period, the proclamation shall cease to operate at the expiration 5 of thirty days from the date on which the house of the people first sits afte; its reconstitution unless before the expiration of the said period of thirty days, a resolution approving the continuance in farce of the proclamation has been also passed by the house of the people 10 (6) for the purposes of clauses (4) and (5), a resolution may be passed by either house of parliament only by a majority of the total membership of that house and by a majority of not less than two-thirds of the members of that house present and voting 15 (7) notwithstanding anything contained in the foregoing clauses, the president shall revoke, a proclamation issued under elause (1) or a proclamation varying such proclamation if the house of the people passes a resolution disapproving, or, as the case may be, disapproving the continuance in force of, such 20 proclamation (8) where a notice in writing signed by not less than onetenth of the total number of members of the house of the" people has been given, of their intention to move a resolution for disapproving, or as the case may ~, for disapproving the 25 continuance in force of, a proclamation issued under clause (1) or a proclamation varying such proclamation,-'(a) to the speaker, if the house is in session; or (b) to the president, if the house is not in session, a special sitting of the house shall be held within fourteen days 30 from the date on which such notice is received by the speaker, or, as the case may be, by the president, for the purpose of considering such resolution"; (c) clause (4) shall be renumbered as clau!le (9) and in th~ elause as so renumbered, for the words "internal disturbance" in both 35 the places where they occur, the words "armed rebellion" shall be substituted; , (d) clause (5) shall be omitted,  31 in article 356 of the constitution,-'(a) in clause (4),-(f) for the words brackets and figure "one year from the date of the pal!lbing of the second of the resolutions approving the proclamation undet clause (3)", the words "six months from the date of issue of the proclamation" shall be substituted; (ii> in the first proviso, for the words "one year", the woj'ds 45 "six months" shall be substituted; (iii) in the second proviso, for the words "one year", the words "six months" shall be substitutedi , (b) for clause (5), the following clause shall be substituted, namely:-/ "(5) notwithstanding anything contained in clause (4), a resolution with respect to the continuance in force of a proc1ama-5 tion approved under clause (3) for any period beyond the ex pintion of one year from the date of issue of such proclamation shall not be passed by either house of parliament unless- (a) a proclamation of emergency is in operation, in the whole of india or, as the cue may be, in the whole or 10 any part of the state, at the time of the passing of such resolution, and (b) the election commission certifies that the continuance in force of the proclamation approvoeci under cllluse (3) during the period specified in such resolution is' neces-! 5 sary on account of difficulties in holding general elections to the legislative assembly of the state conceirn~"   artide 358 of the constitution shall be renumbered as clause (1) of that article, and-amendment of article 358 (a) in clause (1) lis so renumbered,-20 (i) in the opening portion, for the words "while a proclamation of emerg-ency is in operation", the wof'ds "whue a proclamation of emergency declaring that the security of india of any part of the territory thereof is threaten~ by war or by :external aggression is in operation" shall be subatituw; {ti) in the proviso, for the words "where a proclamation of emergency" the words "where such proclamation of !!meorgeney" shall be substituted; (b) after clause (1) as so renumbered, the following clause shall be inserted, namely:-30 "(2) nothing in clause (1) shall apply-(4) to any law which does not contain a rechal to the effect that such law is tn relation to the proclamation of emergency in operation when it is made; or "(b) to any executive action taken otherwise than under a law containing such a recital" 35 41 yn article 359 of the constftution,-aml\dment  , article ~9 (a) in clauses '(1) and (1a) for the words and figures "the rights conferred by part ur', the wordsfi~res and braekets "the rights conferred by part iii (except article 21)" shall be mbstftuted; (b) after clause (la), the following elauge shall be inserted namely:-,--,   "(lb) nothing in clause (la) shall apply-(a) to any law which does not contain a recital to the effect that such law is in relation to the proclamation of emergency in operation when it is made: or (b) to any executive action taken otherwise than under a law containing such a recital" 42 in article 360 of the constitution,-aruej;ldment 0' article 380 (4) for clause (2), the following clause shall be substituted, namely:-"(2) a proclamation issued under clause (1)-(4) may be revoked or varied by a subsequent p~clamatioo; - (0) shall be laid before each house of parliament; '(e) shall cease to operate at the expiration of two 10 months, unless before the expiration of that period it has been approved by' resolutions of both houses of parliament: provided that if any such proclamation is issued at a time when the house of the people has been disso1ved or the dissolution of the house of the people takes place during the period of 15 two months referred to in sub-clause (c), and if a resolution approving the proclamation has been passed qy the council of states, but no resolution with respect to such proclamation has been passed by the house of the :people before the expiration of that period, the plroclamation shall cease to operate at the expi- ~ ration of thirty days from the date on which the houseol the people first sits after its reconstitution, unless before the exptration of the said period of thirty days a resolution approving the proclamation has been also passed by the house of the people"; (b) clause (5) shall be omitted 43 after article 361 of the constitution, the following article shall be inserted namely:-'361a (1) no person shall be liable to any proceedings, civil or criminal, in any court in respect of the publication in a newspaper 30 of a substantially true report of any proceedings of either house of ! parliament or the legislative assembly, or, as the case may be, either house of the legislature, of a state unless the publication is preved to have been made with mallce: insertion of new article 3s1a protection of publi_ cation of proceedings of parliament and state le-,ialatur provided that nothing in this clau8e shall apply to the publica- 35 tion of any report of the proceedings of a secret sitting of either houle of parliament or the legislative assembly, or, as the caae may be, either house of the legislature, of a state (2) clause (1) shall apply in relation to reports or matters broadcast by means of wireless telegraphy as part of any programme 40 or service provided by means of a broadcasting station as it applies in relation to reports or matters published in a newspaper e~-in this article, "newspaper" includes - deft qency report containing material for iu~ucation in a newspaper' j  i « ahicle 366 of the constitution shall be !'ellumbered as clause (2) of that article, and before clause (2) as so renumbered, the following clause shall be inserted, namely:-an1endment of artiele 388 5 '(1) in the preamble to this constitution,-(1) the expression "republic", as qualified by the expreslion "secular", means a republic in which there is equal respect for all religions; and (~) the expression "republic", as qualified by the expression "socialist", means a republic in which there is freedom from all forms of exploitation, social, political and economic' 10 45 in article 368 of the constitution,-(4) in clause (2), after the proviso, the following proviso shall be inserted, namely:-amendment of article 381 "provided further that if such amendrnent-: is (a) seeks to make any change which, if made, would have the effect of-i' (i) impairing the secular or democratic character of this constitution; or 20 (ii) abridging or taking away the rights of citizens under part ill; or (iii) prejudicing or impeding free and fair elections to the house of the people or the legislative assemblies of states on the basis of adult suffrage; or (iv) compromising the independence of the judiciary; or (b) seeks to amend this proviso, the amendment shall also require to be approved by the peopl~ ot india at a referendum under clause (4)"; (b) for clauses (4) and (5), the following clauses shall be substituted, namely:-30 '  "(4) the referendum for the purpose of seeking the approval of the people of india for any amendment of the natla'e referred to in the second proviso to clause (2) shall be through· a poll, and-35 (i) all persons who are for the time being eligible to be voters under article 326 at elections to the hou~e of the people shall be entitled to vote at such poll; and (ii) any such amendment shall be deemed to have been approved by the people of india if such amendment is approved by a majority of the voters voting at such poll and the voters voting at such poll constitute not less than fifty-one per cent of the voters entitled to vote at such poll (5) the superintendence, direction and contnl of the preparation of the rolls of voters for, and the conduct of, every referendum under this article shall vest in the £lection commission and the result of such referendum as declared by the election commission shall not be called in question in any court '(8) subject to the provlslons of clauses (41) and (5), paflldment may from time to time by law make provision with respect to all matters relating to, or in connection with,!'eferenda under this article, including the preparation of the rolls of voters" amendment of article 371f 41 in article 371f of the constitution, in clause (e), for the words "six ') years", the words "five years" shall be substituted, and for the words "five years" in both the places where they occur, the words "four years" shall be substituted 47 in the ~enth schedule to the constitution,-to (4) in list i-union list entry 2a shall be omitted; ameftdment of the seventh (b) in list n-8tate list,-sehe~ clute ii} til mtry 1, for the words "the use of any naval, military or air force or any other armed force of the union or of any other force subject to the control of the union or of any contingent or unit thereof", the words "the use of naval, military or air forces 15 or any other armed forces of the union" shall be substituted; (ij) for entry 2, the following entry shall be substituted namely:-"2 police, including railway and village police"; (iii) after entry 10 the following entry shall be inserted 20 namely:-"11 education, including universities, subject to the provisions of t!ii1tries 63, 64, 65 and 66 of list i and entry 25 of list iii"; :(i,,) after entry 18, the following entry shall be inserted, 25 namely:-"19 forests"; (tli) in entry 41, for the words "state public services", the words, figures and letter "state public sejl'vices subject to the provisions of entry lib of list iii" shall be substituted; 30 (c) in list i11-concurrent list,-(i) after entry; 11a, the following entry shall be inserted, narnely:-"ilb adjudication or trial by tribtmals of disputes and complaints with respect to r~ruitment and conditions of ser- 35 vice of persons appointed to public services and posts in connection with the affairs of a state or of a local or other authority subject to the control of a state government"i :m entry 17a shall be omitted; (~) for entry 25, the following entry shall be substituted, 40 ~y:-u25 vocational anci technical trainina of labour  48 in the ninth schedule to the constitution, entries 87, 92 and 130 shall be omitted amendment of the ninth schedule 4t in the constitution (forty-second amendment) act, 1976, sections 18, 19, 21, 22, 31, 32, 34, 35, '58 and 59 shall be omitted amend ment of the constitution (fortysecond amend ment) act, 1978  statement of objects and reasonsrecent' experience has shown that the fundamental rights, including those of life and liberty, granted to citizens by the constitlltion are, capable of being taken away by a transient majority it is, therefore, necessary to provide adequate safeguards against the recurrence of such a contingency in the future and to ensure to the people themselves an effective voice in determining the foon of government under which they are to live this is one of the primary objects of this bill 2 it is, therefore, proposed to provide that certain changes in the constitution which would have the effect of impairing its secular or democratic character, abridg:ng or taking away fundamental rights, prejudicing or impeding free and fair elections on the basis of adult suffrage and compromising the independence of judiciary, can be made only if they are approved by the people of india by a majority of votes at a referendum in which at least fifty-one per cent of the electorate participate article 368 is being amended to ensure this 3 in view oof the special position sought to be given to fundamental rights, the right to property, which has been the occasion f<or more than one amendment of the constitution, would cease to be a fundamental right and become only a l'cgal right necessary amendments for this purpose are being made to article 19 and artcle 31 is being deleted it would, however, be ensured that the removal of property from the list of fundamental rights would not affect the right of minorities to establish and administer educational institutions of their choice 4 similarly, the right of persons holding land for personal cultivation and within the ceiling limit to receive compensation at the market value would not be affected 5 property, while ceasing to be a fundamental right, would, however, be given express recognition as a legal right, provision being made that no person shall be deprived of his property save in accordance with law 6 a proclamation of emergency under article 352 has virtually the effect of amending the constitution by converting it fctr the duration into that of a unitary state and enabling the' rights of the citizen to move the courts for the enforcement of fundamental rights-including the right to life and liberty-to be suspended, adequate safeguards are, therefore, necessary to ensure that this power is properly exercised and is not abused it is, therefore, proposed that a proclamation of emergency can be issued only when the security of india or any part of its territory is threatened by war or external aggression or by anned rebellion internal disturbance not amounting to anned rebellion would not be a ground for the issue of a proclamation 7, further, in order to ensure that a proclamation is issued only after due consideration, it is sought 'to be provided that an emergency can be proclaimed only on the basis of written advice tendered to the president by the cabinet in addition, as a proclamation of emergency virtually has the effect of amending the 'constitution, it is being provided that the proclamation would have to be approved by the two houses of parliament by the same majority which is necessary to amend the constitution and such approval would have to be given within a period of one month any such proclamation would 'be in force only foor a period of six months and can be continued only by further resolutions passed by the same majority the proclamation would also cease to/be in operation if a res0-lution disapproving the continuance of the proclamation is passed by lok sabha ten per cent or more of the members of lok sabha can requisition a special meeting for considering a resolution for disapproving the proclamation 8 as a further check against the misuse of the emergency provisions and to put the right to life and· liberty on a secure footing, it would be provided that the power to suspend the right to move the court for the enforcement of a fundamental right cannot be exercised in respect of the fundametltal r;ght to life and liberty the right to liberty is further strengthened by the provision that a law for preventive detention cannot authorise, in any case, detention for a longer period than· two months, \j&o less an advisory board has reported that there is sufficient cause for 8u(,p detention an additional safeguard would be provided by the requirement that the chairman of an advisory board shall be a serving judge of the appropriate high court and that the board shall be constituted in accordance with the recommendations of the chief justice of that high court 9 a special provision is being made guaranteeing the right of the media to report freely and without censorship the proceedings in parliament and the state legislatures the provision with regard to the breakdown of the constitutional machinery ij;l the states is being amended so as to provide that a proclamation issued under article 356 would be in foil'ce only for a period otf six months in the first instance and that it cannot exceed one year ordinarily however, if a proclamation of emergency is in operation and the election commission certifies that the extension of the president's rule beyond a period of one year is necessary on account of difficulties in holding elections to the legislative assembly of the state concerned, the period of operation of the proclamation can be extended beyond one year this is subject to the existing limit of three years these changes would ensure that democratic rule is restored to a state after the minimum period which will be necessary for holding elections 10 with a view to avoiding delays, it is proposed to amend articles 132, 133 and 134 and insert a new alrticle 134a to prov:ide that a high court should consdder the question of granting a certificate for: appeal to supreme court immediately after the delivery of the judgment, decree, final order or sentence concerned on the basis of an oral application by a party or, if the high court deems fit so to do, on its own motion cases of special leave to appeal by supreme court will be left to be regulated exclusively by article 136 11 the other amendments proposed in the bill are mainly for removing or correcting the distortions which came into the constitution by reason of amendments enacted during the period of the internal emergency 12 the bill seeks to achieve the above objects the notes on clauses explain in detail the various provisions of the bill nzw dl:lhij shanti bhushan the 9th may, 1978 1 clauses 2, 4, 5 6, 7, rub-czause (b) of clause '8 and clause 34-1'be object of the amendme!nts proposed in these provisions is to take away the right to property from the category of fundamental rights and make the same a right which can be regulated by ordinary law clause 2(a) (ii) seeks to omit sub-clause (f) of clause (1) of article!! 19 which guarantees to citizens the right to acquire, hold and dispose of property clause 6 seeks to omit article '31 relating to the right to property the saf~m'd contained in article 31 relating to acquisition of property of an educational institution established and administered by a minority is sought to be incorporated in article 30 by the amendment to that article proposed in clause 4 clause 34 seeks to insert a new articlti 300a in part xii of the constitution to provide that no person shall be deprived of his property save by authority of law the amendments proposed in claus~ 2(8)(i), clause 2(b), clause 5, clause 7 and clause 8(b) are of a consequential nature 2 clause 3-this clause seeks to amend the provisions as to preventive detention contained in article 22-(a) for restricting the maximum period for which a person may be detained without obtaining the opinion of the advisory board from three months to two months; (b) for providing that an advisory board shall consist of a chairman and not less than two other members, that the comp06itibn of an advisory b08'l'd shall be in accordance with the recomm~dations of the chief julltice of the appropriate high court (that is to say, the high court for delhi in the case of detention orders 'made by the central government or officers subordinate to the central goverrunent; the high court for a sta~ in the case of detention orders made by a state government or officers subordinate to a state government; and such high court as may be specified by parliament by law in the case of ord~s of detention made by the administrator of a union territory or officers subordinate to him), and that the chairman of an advisory board shall be a sitting judge of the appropriate high court and the other members of an advisory board shall be sitting or retired judges of any high court; and (c) for abolishing the system of preventive detention without reference to an advisory board provided in sub-clause (8) of clause (7) of article 22 :i clause 4, 5, 6 and 7-see paragraph 1 above 4 clause s-the amendment proposed in su~lause (a) of this clause is for confining the protection afforded by article 31c only to laws giving eftect to the policy of the state towards securing the directive principles specified in clauses (b) and (c) of article 39 this would have the effect of restoring the article, to the form in which it stood before the amendment made to th~'article by the constitution (forty-second amendment)  act, 1976 came into force the amendment proposed in sub-clause (ii) is consequential to the omission of article 31 (see paragraph 1 above) the amendment proposed in sub-clause (c) 15 tor onuung tne portlon ft!!aung to declaration contained in article 31c which was struck down by tht! supreme court in kesavananda bharati vs the slate of kerala (!if/a supp ser h) 5 clause 9-this clause seeks to insert a new directive principle in article ~8 to the euect that the ::;tate ~hall stnve to mirumise mequal1ties in inco~e and endeavour to el!ininat~ 1nequalities in status, faclli1ies and opportunities not only amongst individuals but also amongst groups of people residing in di1ferent areas or engaged in different vocatlons 6 clause 1o-article 71 as original1y enacted gave jurisdiction to the supreme court to mql1;lfe into all doubts and dlsputes arlsmg out of of ill connection with the election ot a president or v ice~l'rf-!sldent, 'rhe consututlon flhirty-111illh amepdrnent) act, lif/a, substituted me article by a new article leaving it to parliament to determine the autnofity or body which may inqulre into such doubts and dlsputes ,this clause seeks to restore tne position as it obtained b,¥ore the l;onstltution (thirty-ninth amendment) act, 197:>, came into force 7 clause h-this clause seeks to amend clause (1) of article 74 of the constitution to provid«1 that the president may l'equire tbe (;ouncll of ministers to reconsider any advice tendered by tbem and that the president shail act in accordance with the advice tendered after such rcjconsidera tion s clauses 12 and 23-the constitution (forty-second amendment) act included a new clause (4) in article 77 and a new clause (4) in article 166 to take away the power of courts to compel production of rules relating to transaction of the busin~s of the government of india and the government of a state clause 12 seeks to omit the said clause (4) of article 77 while clause 23 seeks to omit the said clause (4) of article 166 9 clauses 13, 24 and 46-these clauses seek to amend articles 83, 172 and 371f respectively of the constitution to restore the term of the lok sabha and the state legislative assemblies to five years with n¥essary saving provisions 10 clauses 14 and 25-these clauses seek to substitute articles 103 ~d 192 (relating respectively to decisions on quebtidns as to disqualification of members of parliament and state legislatures) to provide that decisions on questions as to disqualifk:ation of members shall be in accordance with the opinion of the election commission and thqreby restore the position as it obtained prior to the constitution (forty-second amendment) act 11 clauses 15 and 26-these clauses seek to amend article 105 and article 194 (r~ating respectively to the privileges of houses of parliament and of state legislatures) the amenc:lioonts are for the purpose of omitting the references to the house of commons in these articles 12 clauses 16, 27 and 32-the constitution (thirty-eighth amendment) act, 1975, inserted a new clause (4) in article ·123, article 213 and article 239b (relat~g re~pectivel~ to  the powers of the ":president, governor of a state and administrator of a union territory to promulgate ordinances) to specify expressly that the satisfaction of the president, governor or administrator regarding the existence of the circumstances necessary for taking immediate action by promulgation of an ordinance shall be final and conclusive the said new clauses are proposed to be omitted 13 clausell rl, 18, 19 and 20-at present appeal lies under article 132 of the constitution to the supreme court in certain cases upon the high court granting· a certificate under that articlet where the high court has refused to give such a certificate, the supreme court may grant special leave under article 133, appeal lies to the supre,me court from any judgment, decree or final order in a civil proceeding of a high court 11 the high court grants a certificate under that article under article 134:(1)(c), an appeal lies to the supreme court from any judgment, final order or sentence in a criminal proceeding of a high court if the high court grants a certificate that the; case is a fit one for appeal to the supreme court it is proposed to amend articles 132, 133 and 134 and insert a new article l34a 'to provide that the high court should consider the questiln of granting of certificate immediately on the delivery of the judgment, decree, final order, or sente~e concerned on the basis of an oral application by a party or, if the high court deems it fit so to do, on its own motion it is also proposed to omit the provisions in article 132 relating to grant of special leave by supreme court in cases where the high court refuses to give a certificate cases of special leave to appeal by supreme court will thus be left to be regulated exclusively by article 136 of the constitution 14 clause 21-this relates to article 139a which was inserted by the constitution (forty-second amendment) act under clause (1) of this ,article, if the supreme court is sa:tisfied, on an application made by the , attomey-general of india, that cases involving the same or substantially the same questions of law are pending before it and one or more high courts or before two or more high courts and that such questions are substantial questions 0if general importance, the supreme court may withdraw the case or cases pending before the high court or the high courts and dispose of all the cases itself the suprem~ court can take action under this provision only if an application is made by the attorney-geperal clause (1) of article l39a is sought to be amended so as to enable a party to any such case also to make a similar application 1n the supreme court 15 czause 22-under article 150, as amended by the constitution (forty-seporid amendment) act, the form in which accounts of the union 'and the states shall be kept shall be such as may be pres£ribed by the president after consultation with the comptroller and auditor-general of india this clause seeks to ame,nd article 150 to provide that the form should be prescribed with the concurrence of the comptroller and auditor-general and not merely after consultation 16; clause 23;-see paragraph 8 above 17 qau8e 24-see paragraph 9 above 18 cia",e 21>-see paragraph 10 above 19 clauie 26-see paragraph 11 above  20 clause zt-see paragraph 12 above,21 clause 28-sub-clause (b) of this clause seeks to omit sub-clause (c) of clause (2) of article 217 of the constitution which was inserted by the constitution (forty-second amendment) act for making persons who, in the opinion of the president, are distinguished jurists, eligible for appointment as judge¥! of high courts the amendment proposed in sub-clause (a) of this clause is of & consequential and drafting nature sub-clause (c) of this clause seeks to amend the explanation to subclause (2) of article 217 for the purpose of removing an anomaly under clause (a) of the explanation as it exists now, any period during which a person has, after becoming an advocate, held judicial office or the office of the member of a tribunal or any post, under the union or a state, requiring special knowledge of law will b~ included in computing the period during which he has been an advocate for the purposes qf uetermining his eligibility for appointment as a judge of a high court there is no corresponding provision in the explanation in relation to a person who started as a judge without being an advocate and who subsequently became an advocate or a member of a tribunal or the holder of any post under the union or a state requiring special knowlt!)dge of law 22 clause 29-the proviso to article 225 of the constitution as originally enacted was intended to remove the bar that existed before the comm~ncement of the constitution in respect of the original jurisdiction of the high courts in r~venue matters the constitution (fortysecond amendment) act omitted this proviso this clause seeks to restore the said proviso 23 clause 30-subject to a modification, this clause seeks to restore, a·rticle 226 to th~ form in which it was prior to its amendment by the constitution (forty-second amendment) act the modification is for the purpose of providing that in cases in which an interim order is made, ex parte, on or in any proceedings relating to a petition under artic1e 226, the party against whom such order is made may make an application to the high court for the vacation of such order and furni<lh a copy of such application to the party in whose favour such order has been made or the counsel of such party it is also being provided that if the high court fails to dispose of the application within a period of two weeks from the d&t~ on which it is received by the high court or from the date on which the copy of such application is furnished to the party against whom it is made, whichever is later, the interim order shall, on the expiry of the said period, stand vacated where the high court is closed on the last day of the said period, the interim order will stand vacated only if the application is not disposed of before the expiry of the next day on which the high court is open 24 clause 31-this clause seeks to restore article 227 of the constitution (relating to power of superintendence of high court) tq the form in which it was prior to its am~ndment by the constitution (forty-second amendment) act 25 clause 32-see paragraph 12 above 26 clause 33-this clause seeks to omit article 257a of the constitution relating to deployment of armed forces or other forces of the union to states the said article was inserted in the constitution by the constftution (forty-second amendment) act  27 ctatlse 34-see paragraph 1 above28 clause 35-this clause seeks to omit part xiv a of the constitution 'relating to administrative tribunals and tribunals for other matters in place of high courts the said part xiv a was inserted by the constitution (forty-second amendment) act 29 clauses 36 and 37-clause 37 seeks to omit article 329a relating to special provisions as to elections to parliament in the case of prime minister and speaker the said article 329a was inserted by the constitution (thirty-ninth amendment) act, 1975 the amendment to article 329 proposed in clause 36 is of a consequential nature and is for the purpose of omitting the 'reference therein to a·rticle 329a 30 clause 38-this clause seeks to amend article 352 relating to proclamation of emergency to provide for various safeguards agaillrt abuse of powers under the article in the first place, the ~round of "internal disturbance" is being substituted by the ground of "armed rebellion" to exclude scope for proclamation of emergency in cases of internal disturbance not involving armed rebellion in the second place, it is being provided that the president shall not issue a proclamation of emergency unless the decision of the cabinet that such a proclamation may be issued has been communicated to him in writing in the third place, it is being provided that a proclamation of emergency would require to be approved within a period of one month (instead of two months as provided at present) by resolution of both the houses of parliament and that such re¥lolution should be by a majority of the total membership of each house and not less than two-thirds of the majority of the members present and voting in ea('h house ins~ad ryf a simple majority provided at present in th~ fourth place, it is being provided that for the continuance of the emergency, approval by resolution of both houses would be required evetry six months in the fifth place, provision is being made that a proclamation of eme,rgency would cease to be operative whenever a resolution to that effect is adopted by the lok sabha by a simple majority of the members of the house pr~nt and voting it is also being provided that not less than one-tenth of the total membership of the lok sabha may, by notice, requisition l'\ meeting of th~ lok sa·bha for the purpose of considering the continuance of a proclamation of emergency provision has also been made for the omission of clause (5) of article 352, which was inserted by the constitution (thirty-eighth amendment) act, 1975 and which makes the satisfaction of the president as to the existence of a grave emergency necessitating the issue o1i a proclamation of emergency final  31 clause 39-this clause seeks to amend article 356 of the constitution relating to the president's power to issue a proclamation in case of failure of constitutional machinery in a state the article is being amended to specify that such a proclamation will upon its being approved first by resolutions by both houses continue for six months fl['om tbp' aate of issue of proclamation and that upon its being approved likewise on a second occasion, it would continue for a fuj1ther period of six months the article is also being amended to specify that a resolution with respect to the continuance in force of a proclamation under the article for any period beyond the expiration of one year from the date of issue of such proclamation shall not be passed by either house of parliament unless a proclamation of emerge~ is in operation at the time of the passing o:fi such resolution and the election commission certifies that the continuance in force of the proclamation under the article during the period specified in such resolution is necessary on account of difficulties in holding elections to the legislative assembly of the state concerned 32 cja,use' 4o-this clause seeks to amend article 358 relating to the suspension of provisions of article 19 during emergencies by virtue of the amendments, the provisions of article 19 will become suspended only in the case of a proclamation of emergency issued on the ground of war or external aggression and not in the case 0: a proclamation of emergency issued on the ground of armed rebellion further, the suspension of article 19 under article 358 will not apply in relation to any ~w whkh does not contain a recital to the effect that such law is in relation to the proclamation of emergency in operation when it is made or to any executive action taken otherwi~e than under a law containing such a" t:'ecital 33 clause 41-this clause seeks to make two amendments to article 359 of the constitution relating to ·suspension of the enforcement oii the rights conferred by part iii during emergencies the first amendment is for providing that the enforcement of the right to life and personal liberty under article 21 cannot be suspended the second amendn)ent is for providing that the suspension of the enforcement of any right under the article will not apply in relation to any law which does not contain a recital to the effect that such law is in relation to the proclamation of emergency in operation when it is made or to any executive action taken otherwise than under a law containing such a recital 34 clause 42-this clause seeks to make two amendments in article 360 of the constitution the first amendment is of a drafting nature and is for the purpose of making the provision of clause (2) of article 360 self-contained at present the said clause (2) incorporates by reference the provisions of clause (2) of article 352 since clause (2) o~ article 352 is being amended, it has become necessary to make clause (2) of article 360 self-contained the second amendment is for omitting clau3e (5) of article 360 which was inserted by the constitution (thirtyeighth amendment) act and which makes the satisi>action of the president as to the arising of a situation· whereby the financial stability or credit of india or any part of the territory thereof is threatened, final and conclusive 35 clawe 43-this clause seeks to insert a new article 361a in the constitution the new article provides for constitutional protection in respect of publication of proceedings of parliament and of state legislatures the protection will not he available in respect of proceedinsl' of secret sittings 36 c141ue 44-this clause seeks to amend article 366 of the consti-tution to include therein provisions for explaining the significance of the expressions "secular" and "socialist" as used in the preamble 37 clause 45-this clause seeks to amend article 368 of the constitution relating to the power of parliament to amend the collstitution apart from omitting clauses (4) and (5) which were inserted in the article by the constitution (forty-second amendment) aet, 1976, for taking away the jurisdiction of the courts in respect of validity of constttulional amendments, this clause seeks to provide that amendments w!1ich would have the effect of-(a) impairing the secular or democratic character of the constitution; or (b) abridging or taking away the rights of citizens under part m;~ -(c) prejudicing 'or impeding free and fair elections to the house of the people or the legislative assemblies of the states on the basis of adult suffrage; or (d) compromising the independence of the judiciary, would require to be approved by the people of india at a referendum any amendment for modifying or omitting the requirement as to such referendum would also require to be approved at such a referendum in place of the existing clauses (4) and (5) of article 368, sub-clause (b) of clause 45 seeks to substitute three new clauses (4), (5) and (6) new clause (4) provides that every referendum will be through a poll all persons eligible to be voters at elections to lok sabha will be eligible to vote if fifty one per cent or more of the eligible voters vote at such a poll and a majority of the voters voting at such a poll approve an amendment, the amendment will be deemed to have been approved new clause (5) seeks to vest the superintendence, direction and control of referenda in the election commission the result of a referendum as declared by the election commission will be final new clause (6) seeks to empower parliament to provide by law for ma~ters relating to or in connection with referenda 38 clause 46-see paragraph 9 \ 39 clause 47  aa,d:t4t&e seeks to amend the seventh schedule to the constitution sub-clause (a) of this clause seeks to omit entry 2a at the union list relating to deployment of armed forces of the union to states the omission is consequential to the omission of article 257a (see paragraph 26 above) sub-clau8e (b) seeks to amend the state list the amendments proposed in items (i) and (ii) to entries 1 and 2 of the state list are consequential to the proposed omission of entry 2a of the union list the amendments proposed in items (iii) and (iv) are for including the entries ,relating to education and forest in the state list and for restoring the position as it obtained before the constitution (forty-second amendment) act  :i'he amendment in item (v) to entry 41 of the state list is consequential to the insertion of a new entry llb in the concurrent list under sub-clause (c) (i) sub-ctat£le (c)-item (i) of this sub-clause seeks to insert a new entry relating to adjudication or trial by tribunals of disputes and complaints with r~spect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of a state or of a local or other authority subject to the control o~ a state government the proposed entry and entry 70 of the union list win facilitate the creation 0: common tribunals for adjudication or trial of disputes and complaints with respect to reeruitment and conditions of service of persons appointed to public services and posts in connection with the a1fairs of a state or of a local or other authority subject to the control of a central government or a state government item (ii) of sub-clause (c) seeks to omit entry 17a of the concurrent list relating to forests and it is consequential to the inclusion of forests in the state list item (iii) of sub-clause (c) seeks to suibstitute a new entry for entry 25 of the concurrent list and it is consequential to the inclusion of education in the state list' j 40 clause 48-this clause seeks to amend the ninth schedule for omitting entries 87 [the representation of the people ae't, 1951, the representation of the people (amendment) act, 1974, and the election laws (amendment) act, 1975], 92 (the maintenance of internal security act, 1971) and 130 (the prevention of publication of objectionable matter act, 1976) 41 clause 49-sections 18, 19, 21, 22, 31, 32, 34 and 35 of the constitution (forty-second amendment) act, have not been brought into force in addition to omitting these sections, this clause seeks to omit section 58 (special provisions as to pending petitions under article 226) and section 59 (power of the president to remove difficulties) of the said act - - - - - 19 (1) all citizens shall have the right-- - - - ee) to reside and settle in any part 0£ the tenitory of india: (f) to acquire, hold and dispose of property; and - - - - - protectiod of certain rights regarciina freedom of speech, etc (5) nothing in sulh!lauses (d) (e) and (f) of the said clause shad affect the operation of any existing law in so far as it imposes, or prevent the state from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the interests of the general public or for the protection of the interests of any scheduled tribe - - - - - 12 (1) - - - - - (4) no law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless-protection agaimt arrest and detention in certain cabel (a) an advisory board consisting of persons who are, or have been, or are qualified to be appointed as, tudges of a hij!h court has reported befo're the expijratioqll of the said period of thr-ee months that there is in its opinion sufficient ('au~e for sucn detention: provided that nothing in this sllo-clau~e shan authorise the detention of any person beyond the maximum period prescribed by any law made by parliament under sub-clause (h) of clause (7); or (h) such person is detained in accordance with -the provisions of any law made by parliament under sub-clauses (a) and (0) of clause (7) - - - - -  (7) parliament may by law prescribe-(a) the circumstances under wmch, and the class or classes ot cases in which, a person may be det1\ined for a period lon~er tlian three months under any law providing for preventive detention without obtainin~ the opinion of an advisory board in accordance with the provisions of sub-clause (a) of clause (4); (b) the maximum period for which any person may in an:y class or classes of cases be detained under any law providing for preventive detention; and (e) the procedure to be fonowed by an advisory board in , inquiry under sub-clause (a) of clause (4) - - -  right to property 31 (1) no person shall be deprived of his property save by authority (if law ------- ,~ '11f1 compulsory acqulsltion of property (2) no property shall be compulsorily acquired' or requisitioned save for a public putrpose and save by authority of a law whi~h provides for acquisition or requisitioning of the property for an amount which may be fixed by such law or which may be determined in accordance with such principles and given in such manner as may be specified in such law; and no such law shall be called in question in any court on the ground that the amount so fixed or determined is not adequate or that the whole or any part of such amount is to be given otherwise than in casli: provided--fhat in making any law providing, for the compulsory acquisition of any property of an educational institution established and administered by a minority, referred to in clause (1) of ar~fcle 30, the state shall ensure that the amount fixed -bv or determined 'ur; :ler such law for the acqui'sition of such property is ~ch as would n,ol restrict or abrogate the rlpt guaranteed under that clause  (2a) where a law does not pro!vide for the transfer of, ,the ownership or right to possession of anv property to the state or to a corporation owned or controlled by the state, it shall not be deemed to provide for the compulsory acquisition or requisitioning of ptoperty, notwithstanding that it deprives any person of hi's property (2b) nothing in sub-clause (f) of clause (1) of article 19 shall affect any such law as is referred to in clause (2) (3) no su~ law as is referred to in clause (2) made by the legislature of a state shall have effect unless such law havine: been treserrved for the consideration of the president, has received his assent (4) if any bill pending- at the commencement of this constitution in the legislature of a state has, after it hac; been passed by sucd legislatnre, been reserved for the consideration rf the president and has received his assent, then, notwithstanding- anythinl! in this constitution, the law so assented to shall not be called in quesuon in any court on the 'ground that it contravenes the provisfrns of clause (2) (5) nothing in clause (2) shall affect~ (a) the provisions of any existing law other than a law to which the provisions of clause (6) apply, or (b) the provisions of any law which the state may hereafter make-(i) for the purpose of imposing or levying any tax or penalty, or (ii) for the promotion of public health or the prevention of danger to life or property, or (itt) in pursuance of any agreement en~red into between the gwernment of the dominion of india or the government of india and the government of any other country, or otherwise, with respect to property declared by law to be evacuee property (6) any law of the state enacted not more than ei~htet'n months before the commencement of this constitution may within three months from such commencement be submitted to the president for his certification; and thereupon, if the president by public notification so certifies, 1t shall not be called in question in any court on the ground that it co'iltravenes the provisions of clause (2) of this article or has contravened the provisions of sub-section (2) of section 299 of the government of india act, 1935 saving of laws providing for acquisition of -atates, etc saving of certain laws 3la (1) notwithstanding anylthing contained in article 3, no law providing for- (a) the acquisition by the state of any estate or of any rights therein or the extinguishment or modification of any such rights, or (b) the taking over of the management of any property by the state for a limited period either in tne public interest or in order to secure the proper management of the property, or (0) the amalgamation of two or more corporations either in the public interest or in order to secure the proper management of any of the corporatians, or (d) the extinguishment or modification of any rights of managing a'gents, secretaries and treasurers, managing directors, directors or managers of corporations, or of any' voting rights of shareholders thereof, or   savini of laws giving etrect to certain directive principles (e) the extinguishment or modification of any rights accruing by virtue of any a'~ement, lease or licence for the purpose of searching for, or winning, any mineral or mineral oil, or the premature termination or cancellation of any such agreement, lease or licence,  '  ~ " -~, •• 11 be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by article 14 article 19 or article 31: provided that where such law is a law made by tlie l~gjslature of a state, the provisions df this article shall not applv thereto unless such law, having been reserved for the consideratidn ~f the president, has received his assent: provided further that where any law makes any proviston fdr the requisition by the state of anv estate and where anv land comprised therein is held by a penc;on under his pel"sonal cultivation it shall not he lawful for the state to acquire any portion of such land as is within the ceiling limit applicable to him under any law for the tiln? being in force '01' any buildin~ or structure shndintf thereon or appurtenant thereto, unless the law relatin~ to the acquisition of such land buildinlir or structure, provides for payment of compensation at a rate which slla11 not be- less than the market value thereof - - - - 31c notwithstanding' anvthinst contained i~ ar'tirle 13 no law ¢ving effect to the policy of the state towards sec'unn~ au dr any of the principles laid down in part iv shall be deemed to be voin on the ground that it is inconsistent with or bikes awav or abridl!es any of the rights conferred by' article 14 article 19 or article 31: and no law containing a df'f'laration that it is for giving effect to such policy shall be called in qustion in any court on the ground that_ iii: does not give effect to such policy:, i - - provid~d that where such law is made by the le~slature of a state, the provisions of this article shall not !tpplv thereto unless !luch law, baving been reserved for the consideration of the president, has received his assent - - - - - 38 the state shall strive to promote the welfare of the people by securing and protecting as effectively as it maya social order in which justice, social, economic and political, shall inform all the insututions of the national life - - - -  71 (1) subject to the provlslons of this constitution, parliament may by jaw regulate any matter relating to or connected with the election of a president or vice-president, including the grounds on which buch election may be questioned: provided that the election of a person as president or vice-president shall not be called in question on the gtt'ound of the existence of any vacancy for whatever reason among the members of the electoral college electing h1di state to secure a special order for the promotion of welfare of the people matters relating to or con_ nected with the election of a president or vice-president (2) 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 such authority or body and in such manner as may be prwided for by or under any law referred to in clause (1)   (3) the validity of any such law as is referred to in clause (1) and the decision of any authority or body under such law shall not be called :n question in any court (4) if the election of a person as president or vice-president is declared void under, any such law as is refeiu'ed to in clause (1), acts done by himj 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 such declaration shall not be invalidated by reason of that declaration - - - - - 74 (1) there shall be a council of ministers with the prime minister at the head to aid and advise the president who shall, in the exen:ise of his functions, act in accordance with such advice - - - - - council of minis_ ters to aid and advise 'president conductot busineaa of the govern_ mentof india  77 (1)· - -  - - (4) no court or other authority shall be entitled to require the prroduction of any rules made under clause (3) for the more convenient transaction of the business of the government of india 83 (1) - - - - - -(2) the house of the people, unless sooner dissolved, shall continue for six years from the date appointed for its first meeting and no 10idget' and the expiration of the said period of six years shall operate as a dissolution of the house: provided that the said period may, while a proclamation of emergency is in operation, be extended by parliament by law for a period not exceeding one ye8ll" at a time and not extending in any case beyona - period of six months after the proclamation has ceased to -operate  183 (1) if any question arises-(ii) is to whether a member of either house of parliament has become subject to any of the disqualifications mentioned in clause ( 1) of article 102, or decision on questions as to disquali_ fication (b) as to whether a person, found guilty of a corrupt practice at an election to a house of padiament under any law made by parliament, shall be disqualified for being chosen as, and for being, a member of either house 'of parhament, or of a house of the legislature of a state, or as to the period for which he shall be so disqualified, or as to the removal of, or the reduction of the period of, such disqualification,  -the question shall be referred for the decision of the president and his dec;ision shall be final (2) before giving any decision on any such question, the president shall consult the election commission and the election commission may, forthis purpose, make such inquiry as it thinks fit  - - - - 185 (1) - - - - - (3) in other respects, the powers, privileges and immunities of each house· of parliament, and of the members and the committees of each house, shall be such as may from time to time be defined by parliament by law, and, until so' defined, shali be those of the house of commons of the parliament of the united kingdom, and of its members and committees, at the commencement of this constitution - - - - - powers, privileges, etc, of the houses of parlia_ ment and of the membe1'8 and ctmlmittees thereof 123 (1) - -   power of president to promul gate (4) notwithstanding anything in this constitution, the satisfaction of the president mentioned in clause (1) shall be final and conclusive and shall not be questioned in any cowrt on any 'ground - - - - - 132 (1) an appeal shall lie to the supreme comot from any judgment, det'rlee or final order of a high court in the territory of india, whether in a civil, criminal or other proceeding, if the high court certifies that the- case involves a substantial question of law as to the interpretation of ,this constitution o~nan­cesdurinl recess of parliament appella,te jurisdiction ot supreme court in appeals from (2), where the high court has refused to give such a certificate, the supreme court may, if it is satisfied that the case involves a substantial question of law as to the interpretaticn of this constitution, 'grant special leave to appeal from such judgment, decree or final order mah~ courti in certain cases (3) where such a certificate is given, or such leave is granted, any party in the case may appeal to th~ supreme court on the ground that any such question as aforesaid has been wrongly decided and, with the leave of the supreme court, on any other ground tzpianation-for the purposes of this article, the expression "final order" u:acludes an order deciding a~ issue which" if decided in favour of the appellant, would be sufficient for the final disposal of the case, , ~ (1) an appeal shall lie to the supreme court from any judgment, decree or final order in a civil proceeding of a high court in the territory of india if the high court certifies--(a) that the case involves a suijstantial question ot law of general importance; and (&) that in the opmion of the high court the said question needs to be decided by the supreme court appellate jurisdiction of supreme court in appeals from rich courts jnregard to civil matter  134 (1) an appeal shall lie to the supreme court from any judgment, ftnal order or sentence in a criminal proe~ing of a hilh court in' the territory of india if the high court-appellate jurisdic_ tion ot supreme court in regard to criminal matters (c) certifies that the case is a fit one for appeal to the supreme court: provided that an appeal under subclause (c) shall lie subject to such provisions as may be made in that behalf under clause (1) of article 145 and to sul:h conditions as the high court may establish or requjre transfer otcertaiu cases 139a (1) if, on an application made by the attorney-general of india, the supreme court is satisfied that cases involving the same or substantially the same questions of law are pending before it and one or more high courts or before two or mo'i'e high courts and that such queftions are substantial questions of general importance, the supreme court may withdraw the case or cases pending before the high court or the high courts and d1spose of all the cases itself formol account of the union and o! the state • 150 the accounts of the union and of the states shall be kept in such form as the president may, after consultation with the comptroller and auditor-general of india, prescribe i  (1) conduct ot ibuli-(4) no court or other authority shall be entitled to require the pro-~~:i;! ducti')d of any rules made under clause (3) for the more convenient vernment transaction of the business of the g<lrvemment of the state of - state, l)uration of state legislatures "! 172 (1) every legislative assembly of every' state, unless sooner dibblved, shall continue for six years trom the date appoin~for its first mee_ and no longer and the expiration of the said period'" of six year shall operate as a dissolution of the assembly: provided that the said period may, while a proclamation of emergency is in operation, be extended by parliament by law for a petri'od jlot'exceeding one year at a time and not ex~ding in any' case' :beyond a period of six monuls alter the proclamation h8$ cased to operate - -   1, ,~' 1~2 11) if ally question arises-decision on q-, la) as to w4ether a member of a house of tpe lejislature of a state has become subject to any of the disquawications mentioned in clause (1) of article 1~1, or ' tio~ uta disquali': ftcation ,(0) as to whether a person, found guilty of a corrupt factice at an election to a house 01 the leglsla~ure of a state under any law made by parliament, shall be disqualified for bejdi cjl~ as ,ad ,;f01: beidg, a membel' ot eltnec ~oube of :parliament or qf,a ijolise01 the legjs1ature ot a state, oc as to the period for wilicb~be ,a4all be so disqualified, or as 19 the removal 01, or the reductlon 01 the penod of, such disqualuicauun, the question &hall be referred for the decision 01 the president and ids aecision shall be final (2) before giving any decision on any such question, the president shllll conswt t1le l£!ection commimion and the l!;lection commuilsion may, for ttus purpose, make 8ucb inquiry as it thinks tit - - - - - 194 (1)   - '  (3) in other respects, the powers, privlleges and immunities of a house of the legislature of a state, and of the members and the comnuttee$ of a houie of such legi~lature, 8bajl be such as ma~ from, ~ totime be defined by the le~lature by ulw, and, until so dedd~;sha~t: be tjiiose of the house of commons of the parliamept" of the united, kidp~ and of ite members and committees, at ibe commencmnej)t of this ·c~tution - - - - - powers, privileges, etc, of the houses of le~~ latum and of the members and committees thereof 213 (1)  -  - - power of gover-' - - - - nor to (4) notwiths~ding anything in this constitution, the satisfaction promulof the governor mentioned in clause (1) shall be final and conchlsiveand gate: l shall not be questioned in any court on ariy ground ' : ordinaftces dur-ing reoess of leal  lature 217 (1)    - - - ,~ (2) a person shall not be qualified for appointment as a judge ~i a high court unless he is a citizen of india and-i, - - - - (b) has for at least ten years been an advocate of a high court' or of two or more such courts in succession; or appointment and conditions of the office of a judge of a high court (c) is, in the opinion of the president, a distinguished jurllt !~tanatiot&-for the purposes of this clause-'(g) in computing the period during which a person has been an adwcate of a high court, there shall be included any period ~uring which the pf!lrsen (has held judidal office or the office of ii member of a tribunal or any post, under the union or a state, requiring special jmowledge of law) after he became an advocate; (b) in comp\lting the period during which a pe~n has held j~dfclal office in the territory of india or been an advocate of a jurisdiction of existing high courts ,hig~ court, tjiere shall be included any period before the commencement of this constitution during which be has held judiclal office in any area which was comprised before the fifteenth day of august, 1947, within india as defined by the government of india act, 1935, or has been an advocate of any high court in any such area, as the case may be  - - - - is subject to the provisions of this constitution and to the provtsions of any law of the appropriate legislature made!! by virtue of powers conferred on that legislature by this constitution, the jurisdiction of, and the law administered in, any existing high court, and the respective powers of the!! judges thereof in relation to the administration' df justice in the court, including any power to make rules of court' and to regulate the sittings of the court and of members thereof sitting alarie or in division courts, shall be tbe\ sa-me as immediately before the commencement of this constitution  power o'fhigh courts to issue certain writ - , (1) notwithstanding anything in article 32 every high court shall have power, throughout the territorie!'; in relation to which it exercises jurisdiction, to issue to any person or authority including in appropriate duell, any government, within those territories directions, orders or wrlts, including writs in the nature of nabf'(lc: corpus, mandamus, prohibition, quo wa7tanto and certi<mrri, ot' any of them,-'(tj) for the enforcement of any of the rights conferred by the provisions of part iii; or '(b) for tie redress of any: injury of a substantial trature by reason of the contravention of any other provision of this constitution or any provision of any enactment or ordinance or any meier, rule, regulation, bye-law or other instrument made thereunder; or (c) for the redress of any injury by reason of any illegajity in any proceedings by or before any authority under any provision refen!ed to in sub-elause (b) where such il1egality has resulted in  subltanttal failure of justice - - - - - i, '  '-(3r'!4'o petition for the redress of any injury referred to in sub-clause (11) ot~sul)clau8e (e) of clause {1) shall be entertained if any other x $nedy for' web redreis is provided for by ()'[' under any other law, for , the time being in force (4) no interim order (whether by way of injunction 01 stay or in any other manner) shall be made on, or in any proceedings relating to, a petition undet clause '(1) unless--~  -  ~==::-:-~~ ~  --~----'_-(a) copies of such petition and of all docum~t9-in "sup-p;;;:t'"' ~f the plea for such interim order are fumishf'd to the party against whom such petition is flied or proposed to be filed;' and (b) opportunity is given to such party to be heard in the matter (5) the hip court may dispense with the requirements of sub-clauses (a) and (b) of clause "(4) and make an interim order as an exceptional measu'l'e if it is satisfied for reasons to be recorded in wrltin~ 'that it is necessary so to do for preventing any loss bedng caused to the petitioner which cannot be adequately compensated in money but any such interim order shall, if it is not vacated earlier cpase to have effect on the expiry of a period of fourteen days from the nate on which it is made unless the sam requirements have been complied with before the expiry of that period and the high court has continued the operation of the interim order (6) notwithstanding anythin~ in ('lause (4) or clause (5) no interim order (whether by way of injunction or stay or in any other mandf!lr) shall be made on, or in any proceedin~s relatinf! to, a petition under clause (1) where such order will havp- the effect of delayp,g any inquiry into a matter of public importance or any investigation or inquiry into an offence 'punishable with imprisonment or any action for the execution of any work or proiect of public utility, or th~ acq'uisition of any property for such execution, by the government or any corporation owned or controlled by the government - - - - - power ef superintendence over all courts by the hiah court 22'7 (1) every hi~h court shall have superintendence over all courts subject to its app~llj}te jurisdlction - - - - - • (5) nothing in this article shall be construed 88 giving to a high court any jurisdiction to question any judgment of any inferior court which is not othe!'wise subject to appeal or revision - - - - - 2398 (1) - - - - - (4) notwithstanding anything in this constitution, the satisfaction of th~ administrator mentioned in clause (1) shall be final and conclusive and shall not ~ questioned in any court on any ground - - - - ,m1a (1) the government of india may deploy any armed force of the union or any other force subject to the control of the udlon for deallng with any grave situation of law and order in any state (2) any anned force or other force or any contingent or unit thereof deployed under clause (1) in any state shall act in accordance withluch dlreetions as the government of india may issue and shall not, save u otherwileprovtded in such curectiona, be subject td the 8uperlnte~ • fofr~ : dion >~n\ power of adminutrator to pro m\11late ordicunances dul'iq recea of lelislature aulitallce to statel byc!eploymentot armed foreet grotht!r ~ or control of the or my ofticer or authority subordinate to the sta, o-iiiirlnmlent - - b~);i')\j (3) parliament ~1 "law, specify the powers, functions, privileges and liabilities of ;:jjjzbers of any force 0< any contingent or unit thereof deployed {:" ~ ,,~se (1) during the period of such deployment  part xlva tribunals32sa (1) trial by 1iiii"~ may by jaw, provide for the adju,dication or admin ',tribunals of disputes and complaints with respect trative  ditions of service of persons appointed to pubuc tribunals  cfonnection with the affairs of the union or of any to or other authority within the teqitory of india or under owned or ,f the government of india or of any corporation the government uhder clause (1) may-n j>r the establishment of an administrative tribunal ~ a separate administrative tribunal for each state more states; , ihe jurisdiction, powers (including the power to contempt) and authority which may be exercised by said tribunals; for the procedure (including provisions as to limirules of evidence) to be followed by the said tribunals; (d) the jurisdiction of all courts, except the jurisdiction of supreme court under article 136, with respect to the disputes or complaints referred to in clause (1); (e) provide for the transfer to each such administrative tribunal of any cases pending before any court or other authority immediately before the establishment of such tribunal as would have been within the jurisdiction of such tribunal jf the causes of action on which such suits or proceedings are based had arisen after such establishment; <f) repeal or amend any order made by the president under clause (3) of article 371d; (g) eontain such su-pplemental, incidental and consequential provisions (including provisions as to fees) as parliament may deem necessary for the effective functioning of, and for the speedy , disposal of eases by, and the enforce~ent of the order of,: such tribunals (3) the provisions of this prt;,::le shall have effect notwithstanding anything in any other provision of this constitution or in any other law for the time being force - (11 nu ~ote ~ lla  piovilio  tile adjudication or trial by tribunals of any disp ocmpiatu1ls, or ·offedces with respect to all or any of the matters spec~'ed in: clause (2) with respect to which such legislature has power to fdake laws (2) the matters referred to in clause (1) are ~e following namely:-(a) levy, assessment, collection and enltrcement of any tax; (b) mreign exchange, import and e~rt across customs frontiers; ( (e) industrial and labour disputes; state of any or the by way of (d) land reforms by way of acquisition by estate as defined in article 31a or of any,: '1ehts· extinguishment or modification of, any such righ~ ceiling on agricultural land or in any other w8y\ (e) ceiling on urban property; house or the mattel'b (f) elections to either house of parliament either house of the legislature of a state, but  referred to in article 329 and article 329a; (g) production, l)rocurement, supply and stuffs (including edible oilseeds and oils) and the president may, by public notification, goods for the purpose of this article and control goods; (h) offences against laws with specifted in sub-clauses (a) to (g) those matters; in sub-(i) any matter incidental to any of the matters clauses (a) to (h) (3) a law made under clause (1) may-(a) provide for the establishment of a hierarchy (b) specify the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by each of the said tribunals; (e) provide for the procedure (including provisions as to uiditation and rules of evidence) to be followed by the said tribunals; (d) exclude the jurisdiction of all courts, except the jurisdiction of the suprewle court under article ·138, with respect to all or any of the matters falling within the jurisdiction at the said tribunals; (e) provide for· the transfer to eaeh such tribunal of any cases pending before any 'court or any other authority immediately eefore the establishment of such tribunal as would have been witbih the jurisdiction of such tribunal if the causes of action 0l'1 which such suits or proceedings are based had arisen after such establishment;  (f) contain' such ljupplemental, incidental and 'comequential provislols (including provisions as to fees) 88 the appropriate legislature may deem necessary for the effective functtddin of; anel for the speedy disposal of cases by, and the enforcement of the ()ltgerl of, such tribunala (4) the provisions of this article shall have effect notwithstandin& mlythine in any other provision of this constitution or in any other law for the time being in force e:rplcnatioft-in this article, "appropriate legislature", in relation ~ any matter, means parliament or, as the case may be, a state legislatvre competent to make laws with respect to such matter in accordance with the provisions of part xi  - - - - - 329 notwithstanding anything in this constitution but subject to the provisions at article 329a-barto interference by courts in ejectoral matt~rs (a) the validity of any law relating to the delimitation of constituencies or the aliotment of, seats to such constituencies, made or purporting to be made under article 32'1 or article 32&, shall not be called in question in any court; (b) no election to either house of parliament or to the house or either house of the legislature of a state shall be called in question except by an election petition pres~ted to sucll authority and in such manner as may be provided for by or under any law made by' the appropriate legislature 329a (1) subject to the provisions of chjpter ii of part v [except sub-clause (e) of clause (1) of article 102], no e1ection-(a) to either house of parliament of a person who holds the office of prime minister ,at the time of such election or is appointed as prime minister after such election; (b) to the house of the people of a person who holds the office of speaker of that house at the time of such election or who is chosen as the speaker :£or that house after such election; special provision as to ejections to pkrliament in the case ot prime minister and speaker shall be called in question, except before such authority [not being any such authorit}1t _ is referred to in clause (b) of article 329] or body and in such manner as may be provided for by or under any law made by parliament and any such law may provide for all other matters xtiating to doubts and disputes in relation to such election including the grounds on which such election may be questioned (2) the validity of any such law as is referred to in clause (1) and the decision of any authority or body under such law shall not be called in question in any court (3) where any person is appointed as prime minister or, as the case may be, chosen to the office of the speaker of the house of the people, while an election petition referred to in clause (b r of article 329 in respect of his election to either house of parliament or, as the case may be, to the house of the people is pending, such election petition shall abate upon such person being a,ppointed as prime minister or, u the case may be, being chosen to the oftilce of the speaker of the houle of tbe people, but such election may be cillied in qu£5tion unaaf, any such law 18 is referred to in clause (l)w,,!,; (4) no law made by parliament before the commencement ot the constitution (thirty-ninth amendment) act, 1975; in so far as it relates tq el~tion petitions and matters connected therewithj shall apply or shall be deemed ever to have applied to or in relation to ut, election of any such person as is reterred to in clause (1) to either house of parliament and such election shall not be deemed to be void or ever to have become void on any ground em which such election c9uld be d:eclared to be void or has, bt!fore such commencement, been declared to be void under any such law and notwithstanding any order made by any court, before such commencement, declarina such election to be void,' sudl ~on shall continue to be valid in all respects and any such order and any finding on which such order is based shall be and shall be deemed always to have been void and of no effect (5) any appeal or cross appeal against any such order of any court as is referred to in clause (4) pending immediately before the commencement of the constitution (thirty-ninth amendment) act, 1975, before the supreme court shall be disposed of in conformity with the provisions of clause (4) ~,i _ mi:'::'-:i (6) the provisions of this article shall have effect notwithstanding anything contained in this constitution - - - - - proclama_ tion of emergency 352 (lj) if the president is satisfied that a grave emergency exists hereby the security of india or of any part of the territory thereof is threatened, whether by war or external aggression or internal disturbance, he may, by proclamation, make a declaration to that effect in respect of the whole of india or of such part of the territory thereof as may be specified in the proclamation (2) a proclamation issued under clause (1)-(a) may be revoked or varied by a subsequent proclamation; (b) shall be laid before each house of parliament; (c) shall cease to operate at the expiration of two months unless ,before the expiration of that period it has been approved by resolutions of both houses of parliament: provided th~t if any such proclamation is issued at a time when the house of the people has been dissolved or the dissolu tion of the house of the people takes place during the period of two months referred to in sub-ciause (c), and if a resolution approving the proclamation has been passed by the council of states, but no resolution with respect to such proclamation has been p3ssed by the house of the people before the expiration of that period, the proclamation shall cease to operate at the expiration of thirty· days from the date on which the house of the people flrbt sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the proclamatlbfl has been also passed by the house of the people (2a) where a proclamation issued under clause (1) is varied by a subsequent proclamation, the provisions of clause (2) shall, so far as may be, apply in relation to such subsequent proc18ma~ as they apply in relation to a proclamation issued under clause (1)/, (3) a proclamation of emergency declaring that the secuiity 'of india or ~ any part of the territory thereof is threatened by war or by external aggression or by internal disturbance may be made before the actual occurrence of war or of rny such aggresl!tion ot- disturbance if the· president is satisfied that there is imminent dather~f (4) the power conferred on the president by this article shall include the power to issue different proclamations on different· grounds, being war or external aggression or ~nternal disturbance or immin!!,nt danger of war or external aggression or internal disturbance whether or not there is a 'proclamation already issued by the president under clause (1) and such proclamation is in operation, (5) notwithstanding anything in this comtltution,-(4) the satisfaction of the president mentioned in claw''! (1) and clause (3) shall be final and conclusive and shall not be questioned in any court on any ground; fb) subj~t to the provisions o~ clause (2); nelthel' u'iesupreme court nor any other court shall have jurisdiction to entertain any question, on any grotmd, regarding the validity of-(0 a declaration made by proclamation by the president to the effect stated in clause (1); or  (ii) the continued operation of such proclamation  - - -  - 356 (1) - - - - - (4) a proclamation so approved shall, unless revoked, cease to· operate on the expiration of a period of one year from the date of the passing of the second of the resolutions· apprt>ving the proclamation under clause (3): provisiona in case o! failure of constitutional machinet'j' instates provided that if and 1':0 of-ten as a resolution approving the continuance in fol'ce of such a proclamation is passed by both houses of parliament, the proclamation shall unless revoked, continue in force for a furthet'period of one year from the date on which under this clause it would otherwise have ceased to operate, but no such proclamation 'shall in any case remain in force for more than three years: provided further that if the dissolution of the house of· the people takes places during any such period of one year and a resolution approving the continuance in force of such proclamation !as been '')a<;sed by tbe council of states, but no resolution with respect to the continuance in force of such proclamation ha!; been passed by the house of the people during the said period the proclamation shall cease to gperate at the expiration of thirty days from the date on which the house of the people first sits after its re~on9titutlon unle:si before the expiration of the said period of thirty days a resolution approving the continuance in force of the proclamation has been also passed by the house of the people (5) notwithstanding anything in this constitution the satisfaction 'if the president mentioned in clause u) shall be gral ard oondusive qnd shall not be questioned in any court on any ground   -   suspension of provisiqns of article 19 dur_ ing emerlencies 358 while a proclamation of emecgency is in operation, nothing tn article 19 shall restrid the power of the state ,as defined in part in to make any law or to take any exe!cutive action which the state would but for the provisions contained in that part be '!competent- ,to make or to take, but an!: la_ , made shall, to the extent of the incompetency, cease to have effect as soon as the proclamation ceases to operate, except as respects things done or omitted to be done before the law so ceases to have effect: , , provided that wnere a proclamation of emergency is in operation oilly in any )?art ot the territory of' india, any such law may be made, or any such' executive action may be taken, under this article in felation , to or in any state or union territory in which or in any ,part of which the proclamation of emergency is not in operation, if and in so far as the security of india or any part of the territory thereof is threatened by activities bl or i'n relation to the part of the territory of india in which the proclamation of emergency is in operation 359, (i) wliere , proclam~tion of ~ergency is in operation, the president may by' ordex: declare thajt the r1ght to move any court for the enforcement of such of the rights cc;mferred by part iii as may be mentioned in the order and all proceedings pending in any court for the enforcement of the rights so mentioned shall l'emafn suspended for tile period durin'g which the proclamation is in fome or for such shorter period as may be specified in the or4er suspension of tne enforcement of the right conferred by part 1li during emergencies (la) while an order made under clause (1) mentioning any of the rights conferred by part iii is in operation, nothin~ in that part conferrin~ those rights shan restrict the power of the state as defined in tlie said part to make any law or to take any executive action which the state would but for the provisions contained in that part be competent to make or to take, but anv law so made shall, to the extent of the incompetency, cease to have' effect as soon as the order aforesaid ceases to operate, except as respects things done or omitted to be done before th law so ceases to have effect: provided that' where a proclamatlon of emergency is in operation only in any part of the territory of india, anv such law may be made, or any such executive action may be taken under this article in relation to or in any state or union temtory in which or in any part of which the proclamation of emergency is not in operation, if and in 90 far as the ,c;ecurity of india dr any part of the territory thereof its threatened by activities in or in relation to the part of the territory of india in which the proclamation of emergency is in operation  - - - -  ' 360 (1) - - - - - provisions as to financial emergeney (2) the provisions of clause (2) of article 352 shall apply in relation to a proclamation issued under this article as they apply in relation to a proclamation of emergency issued under article 352  - - - - - (5) notwithstanding anything in this constitution,-(ta) ttie satisfaction of the president; mentioned  in clause (1) shall be final and conclusive and shall not be qu~io}\e'd in, court on any ground; , - (b) subject to the provisions 'of clause '(2), neither the supretrte court nor any other court shall have jurisdiction to entertain any question, on any ground, regarding the valieiity of-(i) a declaration' made fby: proclamation by the president to the effect stated in clause (1); or lii) the eontinued operation of such proclamation  - - ,  ,',  368 (1)               -                                                                           -                                                            -                                                                            power of parlia-ment to amend the con_ stitution and pro-cedure therefor     (2) an amendment of this constitution may be initiated oiily bf the introduction o1i a bill for the purpose in either house of parliament, and when the bill is pas~ed in each house by a majority cd the total membership of that house and by a majority of not less than two-thirds gf the members of that house present and voun&', it shall be presented ~ the president who shall :give his assent to the bill and thereupon the constitution shall stand amended in accordance with the terms of the bill: provided that if suen amendment seeks to make any change in-<a) article 54, article 55, article 73, article 162 or article 241, or      (b) chapter iv of part v, chapter v of part vi, or chapter i of part xi, or (c) ally' of the lists in the seventh schedule, or (d) the representatu)n 'of states' ih 'parliament, or (e) the provisions of this article the amendment shall also require to be ratified by the legislatures of not less than one-half of the states by resolutions to that effect passed by those legislatures before the bill making provision for such amend-ment is presented to the president ~or assent          -                         -                                        -                                                                       -    (4) no amendment of this constitution (including the provisions of patrt iii) made or purporting to have been made under this article [whether before or after \he ~omljloenqement of section 55 of the consti-tution (forty-second amendment) act, 1976] shall be called in question in any court on any ground                                        i     (5) for the removal of doubts, it is hereby declared that there shall be no limitation whatever on the c()llstitue~ pow~ o,f ,parliament to amend by way of addition, variation or repeal the ,provisions of this constitution under this article,          -                                -                                                     -                                                                          -                                                                                      -     371f notwithsta;nding anything in this constitution,-                                                                                                              ':>pecial -                       -                                              -                                                                     -                                                                                            -                                                                                                                                                                                                                       proviaiona with rm-peet to the state of sikkim       (c) in the case of the assembly deemed to be the legislative assembly of the state of sikkim under clause (1», the references to the period of six years in clause (1) of article 172 shall be construed 81 references to' a period of five years and the sa1d period of five years shau be deemed to commence from the appointed day;     -                 -                                       -                                                             -                                                                                   - [article 246] - -  list i-union list - • •2a deployment of any armed force of ~j union ·or 'any other feree subject to the control of the uniod or ,n~ contingent ar unit thereof in any state in aid of the civil power; powers, jurisdiction, privileges and liabilities of the members of such forces while on such deployment  - - - -   list i1-state list1 public order (blit not including tbeuse of any naval, military or sit force or an)" other armed force of the union or of any otha!' force subject tel the control of the 'union or of any contingent or unit thereof in aid gf the civil power) 2 police (including railway and village police) subject to the provi~ sions of entry 2a of lilt i - - - - - 41 state public services; state public service commission -   - - " ust di-coneurrent ust - - - - - 17 a forests - -  - - - - - 25 educatioo, including techni~al education, med~cal education and universities, subject to the provisions of entries 63, 64, 65 and 66 of list i; vocational and technical training of labour - -  ninth iciledvle [article 31b] •- - - - 87 the representation of the people aet, 1951 (central act 43 of 1951), the representation of the people (amendment) act, 1974 (central act 58 of 1974) and the election laws (amendment) act, 1975 (central act 40 of 1975) - - - - - 92 the maintenance of internal security act, 1971 (central act 26 of 1971) - - - •• - 130 the fteventior of publication of objectionable mat act, 1978 (central act· 27 of 1976) - - - - •   ' 18 in article 100 of the constituticn, clauses (3) and (4) shall be omitted amend_ ment of article 100 amend ment of artiel" 102 it~ i!1 article 102 of the constitution, for sub-clause (01) of clause (1), the following sub-claus,e shall be substituted, name!y:-' "(al i1! he aolds any such oflice of profit under the government of' india or tile government of any state as is declared byparliament by law to disqualify its holder;"  - - - 21 in article 105 of the constitution, for clause (3), the following clause shall be substituted, namely:--amend ment of article 105 "(3) in other respects, the powers, ,privi~ges ,~ ~ities of each house of pa·rliament, and of the members and the committees of each h0tuse, shall be those of that house, and of its members and committees, at the commencement of section 21 of the constitution (forty-second amendment) act, 1976, and as may be evolved by such house of parliament from time to time" amend ment 'of article 118 22 in article 118 of the constitution, in clause (1), eaer the words "its procedure", the brackets and words! "(incl~ing the quorum to constitute a meeting of the house)" shall bie inserted, - - -  - 31 in article 189 of the constitution, clauses (3) and (4) shau be omitted amend ment of article 189 32 in article 191 of the constitution, for sub-clause (4) of clauseu), the following suh-clause shall be substltuted, namely:-amend nlent of nrticl 191 "(g,) if be holds any such otlice of ,prwit under tbegqyerrunent of india or the government of any state specified in the first scheq\ue as is declared by parliament by law to di~uatify)ita,holderi"  - - - - - 34 in article 194 of the constitution, for clause (3), the following aimdi clause shall be substituted, namely: -ment of article "(3) in other respects, the powers, privile~s and immunities of 194 a house of the legislature of a state, and of the members and the committees oi a house of such legislature, shall be th~e of that house, and of its members and committees, at the commencement of ~ 34 of the constitution (foi'ty-seccmd amenpdilell1) act, 1916, and as may be evolved by sucli house of the legislature of a state, 10 far as may be, in accordance with those of the house of the  people, and of its members and committees where such house is the legislative assembly and in accordance with those of the cc;uncil of states, and of its members and conunittees wher, $ucp lj~se is the legislative council" amendment of article 201 3s in article 208 of the constitution, in ciause ,(1), after the words "its procedure", the brackets and words "(mcludmg the quorum to constitute a meeting of the house)" shall be inserted - - - - - special j:rovisiqna 01 to pending petitions under article 226  r/  "oil ~, ~:;, ! 58 (1) notwithstanding anything contained in the constitution, ev8(')' petition made under article 2~ti of the consbtut!on before the appointee day and pending befcre any high court immediatel)' before that day , ($uch petition being referred to in this section :as '11' pendfng~~t1tion) and any interim order (whether by way of injunctjon or stay or in any other  ·manner) made em, at in any proceedingji re~tlna w s~b ~tion before that day shall be daau with in accordance wit,b the ,prov~iq&s of article 226 as substituted by sectlon 3~ (2) in partcular, and without prejudice to the generality of the pro\'1-lions of sui>-sec\ion (1), every ~nding petition before ~ high court which would not have been admitted by the hlgh court under the ~ovisions ot article 226 as substituted by section 38 if such petition had been' made after the appointed day, shall abate and any interim order (whether by way 01 injunction or stay or in any other manner) made on, or in any proceed-'~lngs relating ~, such pettcon shall stand vacated: " c provided that· nutbing contained in this sub-section shall aftect the right of the petitioner to seek relief under any other law for the time being in fcrce in respect of the matters to which such petition relates and in com- putlng the period o~ limitation, if any, for seeking sddh relief, the perlod during which th€l proceedings relating to sucb ,petition  ,were pending in the high court shall be excluded, (3) every interim order (whether by way of injunction or stay or in any,other manner) which was made before the appomted day, on, or ill any proceedings relatmg to, a pending petition [not being a pendin, petition which has abated under sub-section (2)], and which is in 10rce on that day, shall, unless before the appointed day copies of such pending petition and of documents in support of the plea ~or such interim order had been furnished to the party ~gainst whom such interim order was made and an opportunity had been given to such party u)'be heard in the matter, cease to have effect (if not vacated eadiet)--- , 'i - (4) ~ ~ expiry of a period of one month from the appointed day, if the oopie's of suich pending petition and ·the· documents in support of the plea for the interim order are not furnished to suell party' before the expiry of the said period of one month; or "  ' i,' (b) o~ the expiry of a period of fouf months fro~ the appointed d:a~, if the copies referred to in clause (a) have been furnished to such party within the' period of one mc,nth refertred to in that clause but sucll party has not been given an opportunity to be heard in the matter before the expiry of' the said period of four months,  (4) 'notwithstanding anything contained in sub-iectwn (3) every  interim order (whether by way of injunction or stay or in any other ' tnanner) which was made before the appointed de, oil ql' in a:ny proceed-, ings relating to a pending petition [not being ii peading petippn which has abated under sub-seetion (2)] and which, is in force, ontha~ day,  ~hall if such order has the effect of delayipg any inquiry intq a matter at p~blic importance or an~ investigatlofl or inquiry into, ~an offence punishable with imprisonment or any action for the execution of any wljrk or project of public utility, or the acquisition of any property for such execution, by the government or any corporation owned or controlled by the government, stand vacated explanation-in this section, "appointed day" means the date on which sec-tion 38 comes into force -, st (1) if any difficulty arises in giving effect to the provisions of the ccnstitution as amended by this act (including any difficulty in relation power of the pres! dent to remove difficultiel lo the transition from the provisions of the ccnstitution as they stood immediately before the date of the president's assent to this act to the provisions of the constitution as amended by this act), the president may, by order, make such provisions, including any adaptation or modification of any provision of the constitution, as appear to him to be necessary or expedient for the purpose of removing the difficulty: prrvhied that 110 such cl'der !;hull be made after ttoc o'xpiry of t  0 yc:,r" from the date of such assent (2) every order made under sub-section (1) shall, as soon as may be after it is made, be laid before each house parliament j' 'j , :"t r' i , - ~ , '>', '1  ,  j  bill further to amend the constitution of india, (shri smnti bhushan, minister of law, 'justw;e and company affair,) 