 arrangement of clauses clauses1 short title and commencement 2 amendment of the preamble 3 insertion of new sub-heading after article 31 4 amendment of article 31e 5 insertiqil of new article 31d 6 insertion of new article 32a 7 amendment of article 39 8 insertion of new article 39a 9 insertion of new article 43a 10 insertion of new article 48a 11 insertion of new part iva 12 amendment of article 55 13 amendment of article 74 14 amendment of article 77 15 amendment of article 81 16 amendment of article 82 17 amendment of article 83 18 amendment of article 100 19 amendment of article 102 20 substitution of new article for article 103 21 amendment of article 105 22 amendment of article 118 23 insertion of new article l31a 24 insertion of new article 139a 25 insertion of new article 144a 26 amendment of article 145 ~7 substitution of new article for article 150 28 amendment of article 166 29 amendment of article 170 30 amendment of article 172 31 amendment of article 189 32 amendment of article 191 33 substitution of new article for article 192 34 amendment of article 194 35 amendment of article 208 36 amendment of article 217 3'1 amendment of article 225  clauses38 substitution of new article for article 2:a8 :a9 insertion of new article 226a -40 amendment of article 227 • '~ ·ameadment of article 228 42 insertior -&£ new article~a 43 lasertiea of new article 257 a "' amendment of article -iu 45 amendment of article \h2 46 insertion of new part xiv a 47 amendment of article 330 48 amendment otf article 352 49 amendment of article 353 50 amendment of article 356 51 amendment of article 357 52 amendment of article 358 53 amendment of article 359 m amendment of article 366 56 amendment of article 368 56 amendment of article 371f 57 amendment of the seventh schedule 58 special provisions as to pending petitions under article 228 59 power of the president to remove difficulties  billfurther to amend the constitution of inelia be it enacted by parliament in the twenty-seventh year of the &public of india as follows:-1 (1) 'this act may be called the constitution (forty-fourth amendment) act, 1976 short title and commencement 5 (z) it shall come into force on such dte -as tiae 'c6iltral government may, by notification in the 0iitiel gazette, -appoint and cwferent dates may be appointed for dtftereht provisions of :this act z in the preamble to the constitution,-amendment of the preamble (a) for the wor4s "sovereign democratic republic", 10 the words "sovereign socialist secula-r democratic republic" shall be substituted; and (b) for the words "unity_ of the nation", the words "unity and integrity of the nation" shall be substituted 3 after article 31 of the constitution, the fallowfllg sub-heading shall 15 he inserted, n'p\~ly;-~'saving of -cmqi'l ~tv8", insertion ot new lub_ badin after article 3~ amendment of article 31c 4 in article 3lc of the constitution, for the words brackets, letters and figures "the j,lrinciples specified in clause (b) or clause (c) of article 39", the words and figures "all or any of the principles laid down in part iv" shall be substituted 5 after article 3lc of the constitution and before the heading "right s to constiturionnl remedies", the following article shall be inserted, namely:-insertion of new article 310 '3ld (1) notwithstanding anything contained in article 13, no law providing for-(a) the prevention or prohibition of anfl-national activities; 10 or saving of laws in respect of anti-national activities (b) the prevention of formation of, or the prohibition of, anti-national associations, shall be deemed to be void on the ground that it is inconmstent with, or takes away or abridges any of the rights conferred by, is article 14, article 19 or article 31 (2) notwithstanding anything in this constitut;ion, padiament shall have, and the legislature of a state shall not have, power to make laws with respect to any of the matters referred to in subc;lause (a) 9f sub-clause (b) of clause (1) 20 (3) any law with respect to any matter referrer1 to in subclause (a) or'sub-cliu5e (b) of clause(l) which is in force immediately before the commencement of section 5 of the constitution (forty-fourth amendment) act, 1976, shall continue in force until altered or repealed or amended by parliament 2s (4) in this article,-, (a) "association" means an association of persons; (b) "anti-national activity", in relation to an individual or association, means any action taken by such individual or associatiori- 30 (i) which is intended, or which supports any claim; to bring· about, on ~ny- ground whatsoever, the c~ssion of a part of the territor;y of india: or the s~ession qf a part of the territory of india or which incite3 any jj:)dividua:l or association to bring about such cession or secession;  35 (ii) which disclaims, questions, threatens, disrupts or is intended to threaten or disrupt the sovereignty and integrity of india or the security of the state or the unity of the nation; (iii) which is intended, or which is part of a scheme 40 which is infended, to overthrow by force the government as by law established: (iv) which is intended, or which is part of a scheme which is intended, to create internal disturbance or the disruption of public services; (v) which is intended 0: whjch i'8 part of a scheme which is intended, to threaten qr disrupt ha:rmqny between , ' different religious, racial, language or regional groups or castes or communities; (e) "ianti-national association" means an associ at jon-(i) which has for its object any anti-national activity; s (h) which encourages or aids persons to undertake or engage in any anti-national activity; (iii) the members whereof undertake or engage in any anti-national activity' 6 after article 32 of the constitution, the following article shall be lnser-10 inserted, namely:-tion of newarti-cle 32a "32a notwithstanding anything in article 32, the supreme colrt shall not conslider the constitutional validity of any state law in any proceedings under that article unless the constitutional validity of any central law is al'8o in issue in such proceedings" validity of state laws not to be considered in proceedidga under article 32 is 7 in article 39 of the constiturjon, for clause (1), the following clause shall be substituted, namely:-amend_ ment of article 39 "<f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral ann material abandonment" 8 after article 39 of the constitution, the following article shall be inserted, namely:-insertion of new article 39a equal justice and free legal aid "39a the state shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes orin any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities" 9 after article 43 of the constitution, the following article shall be 30 inserted, namely:-insertion of newartide 43a "43a the state shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry" participation of workers in manage_ ment of industrie •• 10 mter article 48 of the constitution, the following article shall be inserted, namely:-"4ba the state shall endeavour to protect and improve the environment and to aafeguard the rorests and wild life of the country" s inser· tion of newarticle 48a protection and improve· ment of environ_ ment and safeguarding of forests and wild life 11 after part iv of the constitution, the following part shall be inserted, namely:-i  tiod of new part iva  "part iva fundamental duties51a it shall be the duty of every citizen of india-10 fundamental duti  (4) to abide by the constitution and respect its ideals and institutions, the national flag and the national anthem; (b) to cherish and follow the noble ideals which inspired our national struggle for freedotn; (c) to uphold and protect the sovereignty, unity and integ- is rity of india; (d) to defend the country and render national service when calleod upon to do so; (e) to promote harmony and the spirit of common brotherhood amongst all the people of india transcending religious, ~ linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women; <f) to value and preserve the rich heritage of our composite culture; (g) to protect and improve the natural environm~t includ- 25 ing forests, lakes, rivel's and wild hie, and to have compassion for living creatures; (h) to develop the scientific temper, humanism and the spirit of inquiry and reform; (i) to safeguard public property and to abjure violence; 30 (j) to strive towards excellence in all spheres of individual and collective activity, so that the nation constantly rises to higher levels of endeavour and achievement" 12 in article 55of the constitution, for the explanltion, the following explanation shall be substituted, namely: -35 amendmentof article 5~ 'explanation-in this article, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published: ~ i provided that the reference in this explanatiofl to the last pre· ~eding census of which the relevant figures have been publishad shall, until the relevant figures for the first census taken after the year 2000 have been publisbed, be construed as a reference to the 3 1971 census', 1'3 in article '74 of the constitution, for clause (1), the following clause ~hal1 be substituted, namely:-amendment of article 74 ii (1) 1'here shall be a council of ministers with the prime minister at the head to aid and advise the president who shall, in the 10 exercise of his functions, act in accordance with such advice" 14 in article 77 of the constitution, after clause (3), the following amenciclause shall be inserted, namely:-ment of article '1'1 "() no court or other authority shall be entitled to require the production of any rules made under clause (3) for the more con-is venient transaction of the business of the government of india" 15 in article 81 i()f the constitution, to clause (3) the following proviso shall be added, namely: - amendment of article 81 "provided that the refoerence in this clause to the last preceding census of which the relevant figures have been published shall, until 20 the relevant figures for the first census taken after the year 2000 have been published, be construed as a reference to the 1971 census" 18 in article 82 of the constitution, after the proviso, the following amendprovia06 shall be inserted, namely: -ment of article 82 "provided further that such readjustment shall take effect from 25 such date as the presidedt may by ·order specify ana uatilsuch readjustmellt takes effect, any election to the house may be held on the basis of the territorial constituencies existing before such readjustment: provided also that until the relevant figures for the first census taken a£ter the year 2000 have been published it shall not be necessary to readjust the allocation of seats in th~ house of the people to the states and the division of each state mto territorial constituencies under this article" 17 (1) in· article 83 of the constitution, in clause (2), for" t~ word~ "6 " in the two places where they occur, the words six years 35 ve years  shall be substituted amend· ment ·01 article 83 th endments made by sub-section (1) shall apply to the (2) f ehamp pi l'n existence on the date of coming into force of ~ueeo te eo e thi seotion 18 in article 100 of the constitution, clauses (3) and (4) shall bl omitted 19 in article 102 of the constitution, for sub-clause (a) of clause (1) i the following sub-clause shall be substituted, namely:-amend_ ment of article 100 amend_ ment of article 102 "(a) if he holds any such office o£ profit under the government 5_ of india or the government of any state as is declared by parliament by law to disqualify its holder;" 20 for article 103 of the constitution, the following· article shall be substituted, namely:-"103 (1) if any question arises-substitution of newarticle for article 103 decision on questions as to disqualification (a) as to whether a member of either house of parliament has become subject to any of the disqualifications mentionea in clause (1) of article 102, or amendment of article 105 (b) as to whether a person, found guilty of a corrupt practice at an election to a house of parliament under any law made is by parliament, shall be disqualified for being chosen as, and for being, a member of either house of parliament 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 drsqualification, the question shall be referred for the decision of the president and his decision shall be final (2) before giving any decision on any such question, the president shall consult the election commission and the election commission may, for this purpose, make such inquiry as it thinks fit" 21 in article 105 of the constitution, for clause (3), the following dause shall be substituted namely:-"(3) in other respects, the powers, privileges and immunities of each house of parliament, and of the members and th~ committees of each house shall be such as may, from time to time, be evolved by 30 such house of parliament" 22 in article 118 of the constitution, in clause (1), after the words "its procedure", the brackets and words  (including the quorum to constitute a meeting of the house)" shall be inserted 23 after article 131 of the constitution, the following article shall be inserted, namely:-3s "13la (1) notwithstanding anything contained in any other provision 'of this constitution, the supreme court shall, to the exclusion of any other court, have jurisdiction to determine all questions relating to the constitutional validity of any central law 40 (2) where a high court is satisfied-(a) that a case pending before it or before a court subordinate to it involves questions as to the constitutional validity or any central law or, as the case may be ·of both central and state laws; and 4s amendment of article 118 inser_ tion of newarticle isla exclu8ive jurisdiction of the supreme court in regard to questions aa to validity at law  (b) that the determination of such questions is necessary for the disposal of the case, the high court shall refer the questions for the decision of the supreme court 5 (3) without prejudice to the provisions of· clause (2), where, on an application made by the attorney-general of india, the supreme court is satisfied,-(a) that a case pending before a high court or before a court 'subordinate to a high court involves questions as to the consti-10 tutional validity of any central law or, as the case may be, of both central and state· laws; and ('b) that the determination of such questions is necessary for the disposal of the case, the supreme court may require the high court to refer the ques-is tions to it for its decision (4) when a reference is made under clause (2) or clause (3), the high court shall stay all proceedings in respect of the case until the supreme court decides the questions so referred (5) the supreme court shall, after giving the parties an op-20 portunity of being heard, decide the questions so referred, and may-(a) either dispose of the case itself; or (b) return the case to the high court together with a copy of its judgment on such questions for disposal of the case in conformity with such judgment by the high court or, as the case 25 may be, the court subordinate to it" inser_ tion of newarticle 139a - transfer of certain calle8 35 24 after article 139 of the constitution, the following article shall be inlerted, namely:- "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 more high courts and that such questions 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 dispose of all the cases itself (2) the supreme court may, if it deems it expedient so to do for the ends of justice, transfer any case, appeal or other proceedings pending before any high court to any other high court" 25 afteor article 144 of the constitution, the following article shall be inserted, namely:-40 "144a (1) the minimum number of judges of the supreme court who shall sit for the purpose of determining any quest;on as to the constitutional validity of any central law or state law shall be seven (2) a central law or a state law shall not be declared ~ be constitutionally invalid by the supreme ~ourt unless a majority of ot less than tw('f-thirds of t"te judges !"itt'ng for the purpose of de-45 inser_ tion of newartic)e 1'raa special provisions al to dieposalof questions relat_ ing to vaudity of laws ~rmining th~ question as to the const1tuttonal validity of such law hold it to be cqnstit1ltiqnally fnvjllid"  26 in article 145 of the constitution,-(a) in clause (1), after sub-clause (c), the following sub-clause shall be inserted namely:-amendment of article 145 ii (cc) rules as to the proceedings in the court under articles 131a and 139a;"; s r (b) in clause (2), for the words, brackets and figure "provisions of clause (3) ", the words, figures, letter and brackets "provisions of article 144a and of clause (3)" shall be substituted; (c) in clause (3) for the words "the minimum number'" the words, figures and letter "subject to the provisions of article 144a 10 the minimum number" shall be substituted 27 for article 150 of the constitution, the following article shall be substituted, namely:-substitution qf newarticle for article 150 "150 the accounts of the union and of the states shall be kept in fuch fonn as the pi-esident may, after consultation with the comp-i, troller and auditor-general of india, prescribe" form of accounts of the union and of the states 28 in article 166 of the constitution after clause (3), the following clause shall be inserted, namely:-amendment of article 166 "(4) no court or other authority shall be entitled to require the production of any rules made under clause (3) for the more con- 20 venient transaction of the business of the government of the state"  29 in article 17~ of the constitution,-amendment of article 170 (a) for the explanation, the following explanation shale be substituted, namely:-'explanation-in this clause, the expression "population" 2s means the population as ascertained at the last preceding census of which the relevant figures have been published: provided that the reference in this explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken 30 --after the year 2000 have been published, be construed as a refer-'}  , , \ ence to the 1971 census'; , (b) in clause (3), after the proviso, the following provisos shall " be inserted, namely:-, \ "provided further that such readjustment shall take effecl 3s \ from such date as the president may, by order, specify and until such readjustment takes effect, any election to the legialativ8' assembly may be held on the basis of the teltitqrial' constituencies existing before such readjustment: provided also that until the relevant figures for the first census taken after the year 2000 have been published, it shall not be necessary to readjust the total number of seats in the legislative assembly of each state· and the division of such state into 5 territorial constituencies under this clause" 30 (1) in article 172 of the constitution, in clause (1), fur the words "five years" in the two places where they occur, the words "six years" shall be substituted amendment of article 172 (2) the amendments made by sub-section (1) shall apply to every 10 legislative assembly in existence on the date of coming into force ot this section 31 in article 189 oi the constitution, clauses (3) and (4), shall be omitted 32 in article 191 of the constitution, for sub-clause (a) of clause (1), 15 the following sub-clause shall be substituted, namely:-amendmentof article 189 amendmentol article 191 "(a) if he holds any such office of profit under the government of india or the government of any state specified in the first schedule as is declared by parliament by law to disqualify its holder;" 33 for article 192 of the constitution, the following article shall be 20 substituted, namely:-"192 (1) if any question arises-(a) as to whether a member of a house of the legislature of a state has become! subject to any of the disqualifications mentioned in clause (1) of article 191, or substitution 01 new article for article 192 decision on queationsas to di&-qualification 25 amendmentol article 194 (b) as to whether a person found guilty of a corrupt practice at an election to a house of the legislature of a state under any law made by parliament shall be disqualified for being chosen as, and for being, a member of either house of parliament 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 decision shall be final (2) before giving any decision on any such ~uestion, the president shall consult the election commission and the election com-3s mission may, for this purpose, make such inquiry as it thinks fit" m in article 194 of the constitution, for clause (3), the following clau§e shall be substituted, namely:-'c (3) in other respects, the powers, privileges and immunities of a house of the legislature of a state, and of the members and the 40 committees of a house of such legislature shall be such as may from time to time be evolved by such house" 35 in article 208 of the constitution, in clause (1), after the words "t ~roct!dure'" the brackets and words "(including the quorum to 45 c~:stitute a meeting of the house)" shall be inserted amendment of article 208 36 in article 217 cjf the constitution, in clause (2),-amendment of article 217 (a) in sub-clause (b), the word "or" shall be insertted at the enit; (b) after sub-clause (b), -the following sub-clause shall be in-:serted, namely:-"(c) is in the opinion 'of the president, a distinguished j j-urist "; i(c) in the expulnotion, in clause (a), for the -w~ds '~aa ~la judicial office" the words "has held judidal oirce or the :dl'ftce -of :ti ;member of a tribunal or any tpost, under 'the 'union or _ 'st • requiring special knowledge of law" shall be substitutri :l~ 37 ina~ticle 225 of the constituti0n, ihe provi~o shan ~ omitted ·amend; mental article 225 38 for article 226 of the 'constitution, the following article shall be substitu ted, tuuil'ei'~:  su~ stituuoil gfnew artklefot artk:le 226 power of high courts to issue certain writs ··2~ (1) notwithstanding anything in article 32 but subject to the provisions of article isla and article 226a, every hilb court j 5 shall have power throughout the territories in relation to which it exercises jurisdiction to issue to any person or authority, induding in appropriate cases, any government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, m4nci4mus, prohibition, quo warranto and ce'r'tiorari, or any of 2:> them,-(a) for the enforcement of any of the rights conferred by the provisions of part ill; or (b) for the redress of any injury of a substantial nature by reason of the contravention of any other provision of this 25 constitution or any provision of any enactment or ordinance or any order, rule, regulation, bye-law or other instrument made thereunder; or (c) for the redress of any injury by reason of any illegality in any proceedings by or before any authority under any provi- 30 sion referred to in sub-clause (b) where such illegality has resulted in substantial failure of justice (2) the power conferred by clause (1) to issue directions, orders or writs to any government, authority or person may also- be exercised by any high court exefcising jurisdiction in relation to the 35 territories within which the cause lof actio-n, wholly or in part, arises for the exe:rcise of such power, notwithstanding t1t«t the seat of such govemment or authority or the residenoe of stu!b person is not within those territories (3) no petition for the redress of ally injury re1erred to ia sub- 10 clause (b) or sub-clause (c) of clause (1) shall be eatertained if any other remedy for such redress is provided fm by or under any other law for the time being in force (4) no interim order (whether by way of injunction or tay or in any other manner) shall be made on, or in any proceedingl relating to, a petition under clause (1) unless-45 (a) copies ·of such petition and of all documents in iup-port of the plea for such interim order are furnished to the party against whom such petition is filed or proposed to be filed; and (b) opportunity is given to such party to be heard in the matter s 10 (5) the high court may dispense with the requirements of flub-clauses (a) and (b) of clause (4) and make an interim order is an exceptional measure if it is satisfied for reasons to be recorded in writing that it is necessary so to do for preventing any 1088 being caused to the petitioner which cannot be adequately compensated in money but any such interim order shall, if it is not vacated earlier, cease to have effect on the expiry of a period of fourteen days from the date on which it is made unless the said requirements have been complied with before the expiry of that period and the high court has continued the operation of the interim order  is 20 (6) notwithstanding anything in clause (4) or clause (5), no interim order (whether by way of injunction or stay or in any other manner) shall be made on, or in any proceedings relating to, a pet'ition under clause (1) where such order will have the effect of delaying 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 proj~ct of public utility, or the acquisiti,on of any property for such execution, by the government or any corporation owned or controlled by the government 2s (7) the power conferred on a high court by this article shall not be in derogation of the power conferred on the supreme court by clause (2) of article 32" at after article 2%6 of the constitution, the following article shall be inserted, namely:-inser· tion of new article 228a "226a notwithstanding anything in article 226, the high court shall not consider the constitutional validity of any central law in any proceedings under that- article" vall· dity of cen· tral lawl not to be consj· dered inproce· eding, under article 226 40 in article 227 of the constitution,-amendshall be substituted, ment el (a) for clause (1), the following clause namely:-artic 227  35  (1) every high court shall have saperintendence o\1er all courts subject to its appellate jurisdiction"; (b) after clause (4), the following clause shall be inserted, namely:-"(5) nothing in this' article shall ~e const~ed as giving to a high court any jurisdiction to questl?r any ~udgment of any inferior cow't which is not otherwise subject to appeal or revision" '1 in article 228 of the constitution, for the words "it shall with· draw the case and may-", the words, figures and letter "it shall withdraw the case and, subject to the provisions of article 131a, may-" shall be substituted amendment of article 228 42 after article 228 of the constitution, the following article shall be 5 inserted, namely:-"228a (1) no high court shall have jurisdiction to declare any central law to be constitutionally invalid (2) subject to the provisions of article 131a, the high court may determine questions as to the constitutional validity of state 10 laws (3) the minimum number c1f judges who shall sit f~ the purpose of detennining any question as to the constitutional validity of any state law shall be five: inaertion of new article 228a special provisions uto disposal of questions relatine to validity of laws provided that where the high court consists of less than five 15 judges, all the judges of the high court may sit and detennine such question   (4) a state law shall not be declared to be constitutionally invalid by the high court unless--(a) where the high court consists of five judges or more, 20 not less than two-thirds of the judges sitting for the purpose of detennining the validity of such law, hold it to be constitutionally invalid; and (b) where the high court c()!rl8ists of less than five judges, all the judges of the high court hold it to be constitutionally 25 invalid (5) the provisions of this article shall have effect notwithstanding anything contained in this part explanatlion-in computing the number of judges of a high court for the purposes of this article, a judge who is disqualified 30 by reason of personal or pecuniary bias shall be excluded" 43 after article 257 of the constitution, the following article shall be tnserted, namely:-insertion of new article 257a "257a (1) the government of india may deploy any anned force of the union or any other force 'subject to the control of the 35 union for dealing with any grave situation of law and order in any state (2) any armed force or other force or any contingent or unit thereof deploy~ under clause (1) in any state shall act in accordance with such directions as the government of india may issue and 40 shall not, save as otherwise provided in suc~ directions, be subject to the superintendence or control of the state government or any officer or authority subordinate to the state government aulatance to states by' deployment of armed forces or other forces of the j union (3) parliament may, by law, specify the powers, functions, privileges and liabilities of the members of any force or any con~ tingent or unit thereof deployed under clause (1) during the period of such deployment"  s 44 in article 311 of the constitution, in clause (2)-amendment ot article ·311 10 (a) the words "and where it is proposed, after such inquiry, to! impose on him any such penalty, until he has been given a rea, sonable opportunity of making representation on the penalty proposed, but only on the basis of the evidence adduced during such inquiry" shall be omitted; (b) for the words "provided that this clause shall not apply-", the following shall be substituted, namely:-"provided that where it is proposed after such inquiry, to impose upon him any such penalty, such penalty may be 1m-is posed on the basis of the evidence adduced during sucil inquiry and it shall not be necessary to give such person any opportunity of making representation on the penalty proposed: provided further that this clause shall not apply_no -45 in article 312 of the constitution,-(a) in clause (1) ,-amendmental article 312 (i) for the word and figures "part xi", the words and figures "chapter vi of part vi or part xi" shall be substituted; (ii) after the wo'rds "all-india services", the brackets and words ii (including an all-india judicial service)" shall be inserted: as (b) after clause (2), the following clauses shall be inserted, namely:-"(3) the all-india judicial service referred to in clause (1) shall not include any post inferior to that of a district judge as defined in article 236 30 (4) the law providing for the creation of the all-india judicial service aforesaid may contain such provisions for the amendment of chapter vi of part vi as may be necessary for giving effect to the provisions of that law and no such law shall be deemed to be an amendment of this constitution for the purposes 3s of article 368" j/ 46 after part xiv of the constitution, the following part shall be inser-v' inserted, namely: -tion of new part 'part xiv a xiva  trmunalsadministrative tribunals 323a (1) parliament may, by law, provide for the adjudication or trial by admini~trative tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the union or of any state or of any local or other authority within the tenitory of india or under the control of the gcmmunent of r ndie or of any corporation owned or controlled by the goverwnent (2) a law made under clause (i) may-(a) provide for the establishment of an administrative  tribunal for th~ union and a separate administrative tribunal s for each state or for two or more states; (b) specify the jurisdiction, powers (including the power to punish for contempt) "and authority which may be exercised by each of the said tribunals; (c) provide for the procedure (including provisions as to 10 limitation and rules of evidence) to be followed by the said tribunals; (d) exclude the jurjsdietion of all courts, except the jurisdiction of the supreme court under article 136, with respect to the disputes or complaints refened to in clause (1); is (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 if the ('auses of action on which such suits or proceedings are based had arisen 20 after such establishment; (1) repeal or amend any other order made by the president under clause (3) of article 3710; (g) contain such supplemental, ineidental and consequential provisions (inc1whng provisions as to fee;,;) as parliament may 15 deem necessary for the eft'ective functioning of, and for the speedy disposal of cases by, and the enforcement of the orders of, such tribunals (3) the provisions of this article shall have efteet notwithstanding anything in any other provision of this constitution or in any 30 other law for the time being in force 323b (1) the appropriate legislature may, by law, provide for the adjudication or trial by tribunals of any disputes, complaints, or offences with respect to all or any of the matters specified in clause (2) with respect to which such legislature has power to make laws 3s tribunals for other mattera (2) the matters referred to in clause (1) are t8e following, namely:-(a) levy, assessment, collection and enforcement of any tax; (b) foreign exchange, import and export across customs frontiers; 40 (e) industrial and labour disputes; (d) land reforms by way of acquisition by the state of any estate as defined in article 3la or of any rights th;rein 01" the extinguishment or modification of any; such rights or by way of ceiling on agricultural land or in any other way; ( e) ceiling otll urban property; s (f) elections to either house of parliament or the house or either house of the legislature of a state, but excluding the matters referred to in article 329 and article 329a; 10 (g) production, procurement, supply and distribution of foodstuffs (including edible oilseeds and oils) and such other goods as the president may, by public notification, declare to be essential goods for the pur~e of this article and control of prices ot such goods; (h) offences against laws with respect to any of the! matters specified in sub-clauses (a) to (g) and fees in respect of any of those matters; is (i) any matter incidental to any of the matters specified in sub-clauses (a) to (ii) (3) a law made under clause (1) may-(a) provide for the establishment of a hierarchy of tribunals; (b) specify the jurisdiction, powers (including the power to 20 punish for contempt) and authority which may be exercised by each of such tribunals; (c) provide for the procedure (including provisions as to limitation and rules of evidence) to be fotllowed by the said tribunals; (d) exclude the jurisdiction of all courts except the jurisdiction of the s'upreme court under article 136 with respect to all or any of the matters falling within the jurisdiction of the said tribunals; (e) provide for the transfer to any such tribunal of any cases pending before any court or any other authority immediately before the establishment of such tribunal as would have been within the jurisdiction of such tribunals if the causes of action on which such suits or proceedings are based had arisen after snch establishment; 85 (f) contain such supplemental, incidental and consequential provisions (including provisions as to! fees) as the appropriate legislature may deem necessary for the efl'ective functioning of and for the speedy disposal of cases by, and the enforcement of the orders by, such tribunals (4) the provisions of this article shall have effect notwithstanding anything in any other provisio,n of this constitution or in any other law for the time being in force expzanation-in this article, "appropriate legislature", in relation to any matter means parliament or as the case may be a state_ legislature competent to make laws with respect to such matter in accordance with the provisions"of part xi' amend-41 in article 330 of the constitution, the following explanation shall be ment of inserted at the end, namely:-article 330 'explanation-in this article and in article 332, the expression "population" means the population as ascertained at the last precedingcensus of which the relevant figures have been published: provided that the reference in this expzatwition to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2000 have been published, be construed as a reference to the 1971 census' a in article 352 of the constitution,-10 amendment of article 352 (0) in clause (1), after the w~ds "make a declaration to that effect", the following shall be inserted, namely:-"in respect of the whole of india or of such part of the territory thereof as may be specified in the proclamation"; (b) in clause (2), in sub-clause (a), after the word "revoked", is the words "or varied" shall be inserted; (e) after clause (2), the follo,wing clause shall be inserted, namely:-"(2a) where a proclamation issued under clause (1) is varied by a subsequent proclamation, the provisions of clause (2) shall, 20 so far as may be, apply in relation to such subsequent proclamation as they apply in relation to a proclamation issued under clause (1)" amendment of article 353 49 to article 353 of the constitution, the following proviso shall be added, namely: -25 "provided that where a proclamation of emergency is in operation only in any part of the territory of india,-(i) the executive power of the union to give directions under clause (a), and (ii) the power of parliament to make laws under clause (b), 30 shall also extend to any state other than a state in which qt' in any part of which the proclamation of emergency is in operation if and in so far as the security of india or any ~ of the territory thereof is threatened by activities in or in relation to the part of the territory ot india in which the proclamation of emergency is in ope!'ation" 3' 50, in article 356 of the constitution, in clause (4), for the words "six months" wherever they occur, the words "one year" shall be substftuted   51 (1) in article 357 of the constitution, for clause (2), the following clause shall be su6stituted, namely:-amendment of article 358 amend-!dent of article 357 "(2) any law made in exercise of the power of the legislature 40 of the state by parliament or the president or other authority referred to in sub-clause (a) of clause (1) which parliament or the president or such other authority would not, but for the issue of a proclamation under article 356, have been competent to make shall, after the proclamation has ceased to operate, continue in force until 45 altered or repealed or amended by a competent legislature or other authority" ' (2) the amendment made by sub-section (1) shall apply to any law referred to in clause (2) of article 357 of the constitution which is in force immediately before the coming into force of this section :;2 to article 358 of the constitution the following proviso shall be 5 added, namely:-amendment ot article 358, 10 "provided that where a pro,clamation of emergency is in operation only in any part of the territory of india, any such law' may be made or any s~ch executive action may be taken, under this article in relation to or in any state or union territory! specified in the first schedule 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 in or in relation to the part of the territ~ of india in which the proclamation of emergency is in operation" 53 in article 359 of the constitution,-15 amendment of artlehlu9 25 (a) to clause (la), the following proviso shall be added, namely:-"provided that where a proclamation of emergency is in operation only in any part of the territory of india, any 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 territory specified in the first schedule 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 in or in relation to the part of the territory of india in which the prqclamation of emergency is in operation"; (b) to clause (2) the following proviso shall be added, namely:-"provided that where a proclamation of emergency! is in 30 35 amendment of article 38t1 - o~ation only in a part of the territory off india, any such order shall not extend to any other part of the territory of india unless the president, being satisfied that the security of india or any part of the territory thereof is threatened by activities in or in relatiqn to the part of the territory of india in which the proclamation of emergency is in operation, considers such extension to be necessary" m in article 366 of the constitution,-(a) after clause (4), the following clause shall be inserted, namely:-, - (4a) "centrallaw" means any law other than a state law; ; (b) after clause (26), the following clause shall be inserted, namely:-'(26a) "state law" means-(a) a state act or an act of the legislature of a union territory; (b) an ordinance promulgated b! ,the governor of a state under article 213 or by the admimstrator of a umon territory under article 239~;  (c) any provision with respect to a matter in the sta~ list in a central act made before the commencement of this constitution;  (d) any provision with respect to a matter in the state list or the concurrent list in a provincial act; 10 (e), any notification, order, scheme, rule, regulation ot bye-law or any other instrwnent having the fqrce of law made under any act, ordinance or provisions referred to in subclause (a), sub-clause (b), sub-clause (c) or sub-clause (d); am s (f) any other law (including any usage or custom having the force of law) with respect to a matter in the state list: 55 in article 368 of the constitution, after clause (3), the following clause shall be inserted, namely:-"(4) no! amendment of this constitution (including the provisions amendment of article 388 of part nl) made or purporting to have ' been made under this article [whether before or after the commencement of section 55 of the constitution (forty-fourth aniendment) act, 1976] shall be called in question in any court eotcept upon the ground that it has nqt been made is in accordance with the procedure laid down by this article" amooment of article 8'11f 51 in article 371f of the constitution, in clause (c), for the words ufive years", the words "six years" shall be substituted and for the words "four years" in the two places where they occur, the words "five years'" jhall'be substituted 20 57 in the seventh schedule to the constitution,-(a) in list i-union list, after entry 2, the following entry shall be inserted, namely:-amendment of the seventh scj:tedule "2a deployment of any armed force of the unio\d or any other force subject to the control of the union or any contingent 2s ,or unit thereof in any state in aid of the civil power, pqwers, jurisdiction, privileges and liabilities of the members of such forces while on such deployment"; (b) in list ii-state list,-(i) in entry 1, for the words "the use of naval, military or air 30 forces or any other armed forces of the union", the words "the use of any naval, military or air force or any other armed forces of the union, or of any other force subject to the contrqi of the union or of any contingelrt or unit thereof' shall be substituted; (ii) for entry 2, the following entry shall be substituted, 3s namely:-"2 police (including railway and village police) subject to the provisions of entry 2a of list i"; (iji) in entry 3, the words "administration of justice; consti tution and organisation of all coiurts, except the supreme court 40 and the high court;" shall be omitted; (iv) entries 11, 19, 20 ,and 29 shall be omitted; (v) in entry 55, the words "and advertisements broadcast by radio or television" shall be inserted at the end; (c) in list iii-concurrent list,-s' (i) after entry 11, the following entry shall be inserted, 4 llamely:-"11a administration of justice; constitution and organisation of all courts, except the supreme court and the high courts"; (ii) after entry 17, the following entries shall be inser"tedt hamely:-"17a forests 17b protection of wild animals and birds:"; 5 (iii) after 'entry 20, the following entry shall be inserted, namely:-"20a population control and family planning"; (v) for entry 25, the following entry shall be substituted, namely:-10 "25 education, including technical education, medical education and universities, subject to the provisions of entries 63, 64, 65 and 66 of list i; vocational and technical training of labour "; (v) after entry 33, the following entry shall be inserted, is namely:-"33a weights and measures except establishm~nt of standards"  special proviaions as to pendin, petitiona under article 1l211 58 (1) notwithstanding anything contained in the constitution, every petition made under article 226 of the constitution before the appointed 20 day and pending before any high court immediately before that day (such petitipn being referred to in ihis section as a pending petition) and any interim order (whether by way of injunction or stay or in any other manner) made on or in any proceedings relating to, such petition before that day shall be dealt with'in accordance with the provisions of article 2s· 226 as substituted by section 38 (2)' in particular, and without prejudice to the generality of the provisions of sub-section (1), every pending petition belfore a high court which would not have been admitted by the high court under the provisions of article 226 as substituted by section 38 if such petition had been made after 30 the appointed day, shall abate and any interim order (whether by way of injunction or stay or in any other manner) made on or in any proceedings relating to, such petition shall stand vacated: provided that nothing contained in this sub-sectiqn shall affect the right of the petitioner 'to seek relief under any; other law for the time being in force in respect of the matters to which such petition relates and in com-35 puting the period of limitation, if any, for seeking such relief, the period during which the proceedings relating to such 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 appointed day, on or in 40 any proceedings relating to, a pending petition [not being a pending petition which has abated under sub-section (2)], and which is in force on that day, shall, unless before the appointed day copies of such pending petition and of, documents in support of the plea for such interim 5 order had been furnished to the party against whom such interim order 4 was made and an opportunity had been given to such party to be heard in the matter, cease to have effect (if not vacated earlier) ,-so (a) on the expiry of a period of one month from the appointed day, if the copies of such pending petition and the documents in support of the plea for the interim order are not furnished to such party before the expiry of the said period of one month; or (b) on the expiry ~ a period at four months from the appointed day, if the copies referred to in clause (a) have been fumished: to such party within the period of one month ~erred to in thst clause but such party has not been given an opportunity to be heard in the matter before the expiry of the said period of f~ur months (4) notwithstanding anything contained in sub-section (3),1 every interim order (whether by way of injunction jr stay or in any other " manner) which was made before the appointed day on or in any proceedings relating to a pending petition [not being a pending petition which has abated under sub-section (2)] and which is in force on that day, 10 shall, if such order has the effect of delaying 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 project of public utility, or the acquisition of any property for such execution, by the government or any corporation owned or con- 1$ trolled by the government, stand vacted explanatian-in this section, "appointed day" means the date on which section 38 comes into force  power of the prelldent to remove diftleu1 ties 59 (1) if any difficulty arises in giving effect to the provisions of the constitution as amended by this act (including any difficulty in relation 30 to the transition from the provisions of the constitution 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 ac't),the president may, by order, make such provisions including any adaptation or modification of any provision 01 the constitution, as appear to him to be necessary or ex- 2$ pedient for the purpose of removing the difficulty: provided that no such order shall be made after the expiry of two years 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 of parliament a constitution to be living must be growing if the impediments ~ the growth of the constitution are not removed, the constitution will suffer a virtual atrophy the question of amending the constitution for removing the difti~ulties which have arisen in achieving the objective of socio-economic revolution, which would end poverty and ignorance and disease and inequality of opportunity, has been engaging the active attention of government and the public for some years now 2 the democratic institutions provided in the constitution are basically sound and the path for progress does not lie in denigrating any of these institutions' however, there could be no denial that these institutions have been subjected to considerable stresses and strains and that vested interests have been trying to promote their selfish ends to the great detriment of public good 3 it is, therefore, proposed to amend the constitution to spell out expressly the high ideals of socialism, secularism and the integrity 01, ,the nation, to make the directive principles more comprehensive and give them precedence over those fundamental rights which have been allowed to be relied upon to frustrate socio-economic reforms for implementing the directive principles it is also proposed to specify the fundamental duties of the citizens and make special provisions for dealing with antinational activities, whether by individuals or associations 4 parliament and the state legislatures embody the will of the people and the essence of democracy is that the will of the people should prevail even though article 368 of the constitution is clear and categoric with regard to the all inclusive nature of the amending power, it is considered necessary to put the matter beyond doubt it is proposed to strengthen the presumption in favour of the constitutionality of legislation enacted by parliament and state legislatures by providing for a requirement as to the minimum number of judges for' determining questions as to the constitutionality of laws and for a special majority of not less than two-thirds for declaring any law to be constitutionally invalid it is also proposed to take away the jurisdiction of high courts with regard to determination of constitutional validity of central laws and confer exclusive jurisdiction in this behalf on the supreme court so a! to avoid multiplicity of proceedings with regard to validity of the same central law in dift'erent high courts and the consequent possibility o~ the central law being valid in one state and invalid in another state 5 to reduce the mounting arrears in high courts and to secure the speedy disposal of service matters, revenue matters and certain other matters of 9pecial importance in the context of the socio-economic development and progress, it is considered expedient to provide for administrative and other tribunals for dealing with such matters while preserving the jurisdiction of the supreme court in regard to such matt,ers under article 136 of the constitution it is also necessary to make certain modifications in the writ jurisdiction of the high courts under article 226 6 it is proposed to avail of the present opportunity to make certain other amendments which have become necessary in the light of the working of the constitution 7 the various amendments proposed in the bill have been explained in the notes on clauses 8 the bill seeks to achieve the above objects new delhi; h r gokhkle the 28th august, 1976 clause 2-the concepts of sacularism, socialism and integrity of the nation are implicit in the constitution these have been clearly spelt out in the amendments toi the preamble ' clause 4-article 31c, as presently worded, saves only laws giving effect to the directive principles specified in clause (b) and clause (c) of article 39 from attack on the ground of infringement of fundamental rights contained in articles 14, 19 and 31 the amendment seeks to widen the scope of the article so as to cover all the directive principles enumerated in part iv czause 5-this amendment provides for the making of a parliamentary law to prevent or prohibit anti-national activities and to prevent or prohibit the formation of anti-national associations the expressions 'anti-national activities' and 'anti-national associations' have been defined in detail the law made by virtue of this amendment shall not be deemed to be void on the ground that it takes away or abridges any of the fundamental rights conferred by articles 14, 191 and 31 clause 6-this clause seeks to insert a new article 32a to provide that the supreme court shall have no jurisdiction to decide the constitutional validity of a s'tate law in any proceedings under article 32 unless the validity of a central law is also in issue in such proceedings the high court will have no jurisdiction in such cases clauses 7 to 10·-article 39 is being amended to emphasize the constructive role of the state with regard to children new directives are being added in part iv to provide for-(1) free legal aid to economically backward classes; (2) participation of workers in the management of organisations engaged in any industry; (3) protection and improvement of environment and safeguarding of forests and wild life olause h-the constitution does not contain any provisions specifying the ·fundamental duties of the citizens new pari iv-a proposed in this clause enumerates these fundamental duties clause 13-the president acts on the advice of the council of ministers it is being made explicit by this amendment that he shall be bound by such advice i ctauses 14 and 28-artic1e 77 (3) provides for the framing of rules for the convenient transaction of government business which rules are treated by the government as confidential however, as courts have been found 10 summon these rules for production, it is considered that this should be prevented a new clause is, therefore, being added to provide that no court or authority shall compel their production a similar provisio\ll is being made in article 166 cl4uses 12, 15, 16, 29 and 47-ln the context of the intensiftca~ion of the femily planning programmes of the government, it is considered that not only the allocation of seats in the house of the people to the states and the total number of seats in legislative assemblies of the states but also the extent of parliamentary and assembly constituencies and the reservation of seats for scheduled castes and scheduled tribes as determined on the basis of the 1971 census, should be frozen till the year 2001 it is accordingly proposed to amend the relevant articles, namely, articles 81 and 82 relating to the lok sabha, article 170 relating to the legislative assemblies of states, article 55 relating to the manner of election of the president and articles 330 and 332 relating to reservation of seats for scheduled castes and scheduled tribes in the lok sabha and the legislative assemblies of states provision is also being made to the effect that whenever after a census, delimitation is undertaken, such delimitation is to take effect from the date to be specified by the president ll4uses 17, 30 and 56-lt is proposed to change the duration of the lok sabha and the state legislative assemblies from five to six years a consequential amendment is made in article 371f(c) relating to sikkim legislative assembly clauses 18, 22, 31 and 35-presently under article 100 the quorum for constituting a meeting of either house of parliament is one-tenth of the total number of members this provision can only be altered by a parliamentary law the relevant provisions are proposed to be omitted from article 100 and power is being taken to do it by means of rules under article 118 similar provisions are being made in relation to the state legislatures by amending articles 189 and 208 qlauses 19 and 32-sub-clause (a) of clauc!e (1) of article 102 provides that a person shall be disqualified for being chosen as, and for being, a member of either house of parliament if he holds an office of profit under the government of india or the government of any state, other than an office declared by parliament by law not to disqualify its holder the existing position has led to a great deal of uncertalntv the sub-clause is sought to be amended to provide that a person shall be so disquaufied if he holds any such office of proftt uncfer the government of india or the government of any state as is declared by parliament by law to disqualify its holder ' similar provision is being made in article 1tl (1) (a) retatin~ to state legislatures but the power to l'lpedfy the oftices will vest in parliameont instead of in the state legislature clauses 20 and 33-the amendment proposed in clause 20 enlar~es the scope of article 103· the question as t,o whether a member h  become subject to any disqualification mentioned in clause (1) of artic1e 102 as also the question whether a person is disqualified for being chosen as a member of either house of parliament, etc, on the ground of being found guilty of a corrupt practice, including the question as to the period qf disqualification or as to the removal or the reduction of the period of such disqualification, shall be decided by the president after consulting the election commission which is empowered to hold an inquiry in this behalf it is proposed to amend article 192 on similar lines clauses 21 and 34-this clause seeks to amend clause (3) of article 105 which provides that the powers, privileges and immunities of each house of parliament and of its members and committees thereof shall be those of the house of commons or of its members and committees until they are defined by a parliamentary law the amendment proposed is that the powers, privileges and immunities aforesaid of either house of parliament and of the members and the committees thereof shall be evolved by such house from time to time a similar modification is being made in clause (3) of article 194 which relates to state legislatures clauses 23, 24 and 25-presently, the constitutional validity of a central law can be questioned ei1 her before the supremt: court or the high court this scheme is being altered as it is felt that if a number of high courts give differing judgments as regards the validity of1 a central law, the impll!ltit'nultion r:f the central law will become difficult it is, therefore, proposed to invest the supreme court with exclusive jurisdiction as regards determination of the co,nstitutional validity of central laws where a case involves constitutional validity of both a central and a state law, the supreme court alone will have jurisdiction to determine the constitutional validity of such laws where cases involving the same or substantially the same questions of law of general importance are pending before the supreme court and one or more high courts or before two or more high courts the attorney-general can move the supreme court to withdraw the cases pending before the high court or high courts to itself and dispose of the same further, the supreme court is being empowered to transfer cases from one high court to another high court if it is expedient for the ends o,f justice so to do it is also being provided that the minimum number of judges of the supreme court who shall sit for determining any question as to the constitutional validity of a central law or of a central and a state law shall be not less than seven and that a central or state law shall not be declared to be constitutionally invalid unless not less than two-thirds of the judges hearing the case hold the same to be constitutional1y invalid clause 26-this amendment makes some consequential changes in article 145 following the insertion of new articles 131a, 139a and 144a clause 27-at present the comptroller and auditor-general has the power to! prescribe the form in which the accounts of the union and of the states shall be maintained consequent on the decisi0101 of government 'to separate the accounts from audit, this power is being given to the president, to be exercised after consultation with the comptroller by amending article 150 clause 36-this amendment relates to the qualifications to be fulfuled by a person for appointment as a high court judge sub-clause (b) of clause (2) of article 217 is be!ng amended to provide that a distinguished jurist is also qualified for appointment as a high court judge this amendment also provides that hereafter the period spent by a person, after he became an advocate, as a member of a tribunal or as the incumbent of any post, under the union or a state, requiring special knowledge in law shall be taken into account for the purpose of computing the period during which such person has been an advocate clause 37-this is a consequential amendment of article 225 following insertion of new article 323b which provides for the exclusion of the jurisdiction of the high courts and the supreme court (except the purisdiction under article 136) and for the setting up of tribunals, in re~ peet of certain specified matters including matters concerning the revenue clauses 38 and 58-clause 3'3 seeks to amend article 226 to a significant extent while the high courts continue to enjoy their power to enforce fundamental rights, they cannot hereafter exercise jurisdiction in every case where there is an invasion of a legal right which, so far, they have been doing by virtue of the jurrsdiction conferred by the expre5sion 'for any other purpose' which is being deleted now instead, the high courts are being vested with a restricted jurisdiction they can exercise jurisdiction in (a) cases where there is a contravention of a statutory provision causing substantial injury to the petitioner, and (b) cases' where there is an illegality resulting in substantial failure of justice in either case, the petitioner has to satisfy the court that he has no other remedy provision is being made under clause 38 that the high courts shall not issue an interim order ordinarily except upon notice to the other side and after giving the other side an opportunity to be heard an exception is made in cases where the loss or damage to the petitioner cannot be compensated in money notwithstanding this exception, the high courts shall have no power to grant an interim order in any case where the effect of such order is to delay 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 workl project of public utility, etc provision is also being made in clause 58 to cover petitions pending in the high courts clauses 39 and 42-these amendments seek to exclude from the jurisdiction of high courts questions as to constitutional validity of central laws and provide for the minimum number of judges of a high court who shall sit for rietermining any questions as to the constitutional validity of a state law the minimum number is fixed at five but where a high court consists of less than five judges, all the judges o~ the ~igh court sitting together can hear such questions any judge disqualified by reason of pecuniary or personal bias has to be excluded in computing the number of· judges of a high court where the number of judges hearing a question as to the constitutional validity is not less than five, the decision as to constitutional invalidity shall be by a majority of not less than two-thirds and where the number of judges is less than five, the law in issue cannot be declared to be constitutionally invalic1 unless all the judges hold it to be constitutionally invalid ::;lause 40-this clause seeks to amend article 227 to omit the reference to tribunals occurring in clause (1) of the article and make it clear that nothing in that article shall be construed as giving to a high court any jurisdiction to question any judgment of any inferior court which is not otherwise subject to appeal or revision clause 41-this amendment is consequential to the insertion of new article l3la clause 43-by this amendment a new article 257a is insertec\ to empower the union to send any armed force or other force of the union for dealing with any grave situation or law and order in any state such force shall act in accordance with the directions of the central government and shall not be subject to the control of the state government provision is also being made to empower parliament to define the powers, functions and the liabilities of the members of such force clause 44-this clause seeks to amend article 311 (2) denying the government servant the opportunity to make a representation at the second stage of the inquiry against the penalty proposed to be imposed on him , clause 45-this clause seeks to amend article 312 of the constitution relating to all·india services to provide for the cr·~ation of an all-india judicial service by a parliamentary law such service shall not include any post inferior to that of a district judge clause 46-this clause seeks to insert a new part xiv a, which consists of articles 323a and 323b the former provides for the setting up of administrative tribunals by a parliamentary law for detemtining disputes relating to the recruitment and conditions of service of union government servants and servants of the state inc1ucting the employees of any local or other authority within the territory of india or under the control of the government of india or of a corporation owned or controlled by the government such law will provide for the constitution of a tribunal for the union and for a separate tribunal for each state or for two or more states and define the jurisdiction and powers of such tribuna l s·1 new article 323b provides for the creation of tribunals for the determination of disputes, complaints and offences respecting the various matters specified therein clauses 46, 49, 52 and 53-at present, a proclamation of emergency cannot be made in respect of a part of the country the amendments proposed in these clauses are for enabling the president to make a proclamation of emergency in respect of a part of the country or, as the case may be, to restrict a proclamation of emergency made in respect of the country as a whole to a part of the country clauses 50 and 51-under the existing article 356, a proclamation approved by parliament ceases to be in operation after a period of six months unless revoked earlier and can be renewed for a period of six months at a time ·but in no case beyond a total periqd of three years the period of i>ix months is now being enlarged to one year clause (2) of article 357 is being substituted by a new clause to the effect that any law made by parliament or the president or any other authority in, exercise of the powers of the state legislature under article 356 shall continue in force until alte~ed, repealed or amended by the competent legislature or other authority clause 54-by this amendment, the expressions 'central law' and 'state law' are being defined this has become necessary because of the division of jurisdiction between the supreme court anc\ the high courts as regards the determination of the constitutional validity of central and state laws clause 55-this clause seeks to amend article 368 to clarify the true scope of th'lt article clause 57-the amendments made by this clause seek either to amend the existing entries in the lists of the seventh schedule or to transpose certain entries or subjects in certain entries from one list to another the entries or subjects which have been transposed from list ii to list iii are (1) administration of justice, constitution and organisation of all courts except the supreme court and the high courts (2) education (3) weights and measures (4) forests and (5) protection of wild animals and birc\s it is also proposeg that taxes on advertisements broadcast by radio or television should be excluded from the purview of tmtry 55 of the state lis't clause 59-this clause provides for the removal of difficulties  annexure extracts from the constitution of indiawe, the people of india, having solemnly resolved to consti-preamble tute india into a sovereign democratic republic and to secure to all its citizens: justice, social, economic and political; liberty of thought, expression, belief, fait~ and worship; equality of status and of opportunity; and to promote among them all fraternity assurin'g the dignity of the individual and the unity of the nation; in our constituent assembly this twenty-sixth day of november, 1949, do hereby adopt, enact and give to oursel-ves this constitution   - - - -  saving of laws living effect to certain directive principles 31c notwithstanding anything contained in article 13, no law giving effect to the policy of the state towards securing the principles specified in clause (b) or clause (c) of article 39 shall be deemed to be voici 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; and no law containing a declaration that it is for giving effect to such policy c;hall be called in questi'>n in any court on the ground that it does not give effect to such policy: provided that where such law is made by the legislature of a state, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the president, has receiveci his assent  - -  - - 39 the state shall, in particular, direct its policy towards securing--  - - - - certain principles of policy to be followed by the state  (f) that childhood and youth are protected against exploitation and against moral and material abandonment      55 (1) as far as practicable, there shall be uniformity in the scale of representation of the different states at the election of the president manner of election of president (2) for the purpose of securing such uniformity among the states i inter se as well as parity between the states as a whole and the union, the number of votes which each elected member of par!iament and of the legislative assembly of each state is entitled to cast at such election shall be detennined in the following manner:-(a) every electec\ member of the legislative assembly of a state shall have as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of the state by the total number of the elected members of the assembly; (b) if, after taking the said multiples of one thousand, the remainder is not less than five hundred, then the vote of each member referred to in suh-clause (a) shall be further increased by one; (c) each elected member of either house of parliament snail have such number of votes as may be obtained by dividing the total number of votes assigned to the members of the legislative assemblies of the states under sub-clauses (a) and (b) by the total number of the elected members of both houses of parliament, tractions exceeding one-half being counted as one and other fractions being disregarded (3) the election of the president shall be held in accordance with the system of proportional representation by mean<; of the single transferable vote and the voting at such election shall be by secret ballot explanation-in this article, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published       74 (1) there shall be a council of ministers with the prime minister at the head to aid and advise the president in the exercise of his functions    -  - council oiminilters to aid and advise president 81 (1)    -   (3) in this article, the expression "population" means the population as ascertained as the last preceding census of which the relevant figure<; have been published composition of the house of the people readjustment after each census 8% upon the completion of each census, the allocation of seats in the house of the people to the states and the division of each state into territorial constituencies shall be readjusted by such authority and in such manner as parliament may by law determine: provined that such readjustment shall not affect representation in the house of the people until the dissolution of the then existing house 83 (1)      duration of houses of parliament (2) the house of the people, unless sooner dissolved, shall continue for five years from the date appointed for its first meethl'g and no longer and the expiration of the said period of five years shall operate as a russolution 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 year at a time and not extending in any case beyond a period of six months after the proclamation has ceased to operate    -   - too (1) - - - - - -  (3) until parliament by law otherwise provides, the quorum to constitute a meeting of either house of parliament shall be one-tenth of the total number of members of the house  (4) if at any time during a meeting of a house there is no quorum, voting in houses, power of houses to act notwithstanding vacancies and quorum  l~ shall be the duty of the chairman or speaker, or person acting as such, elther to adjourn the house or to suspend the meetin'g until there is a quorum - - - - -  102 (1) a person 'shall be disqualified for being chosen as, and for belog, a member of either house of parliament-disquajifications for member ship decision on questions a8 to disqualifi cations of members powers, privileges, etc, of the houses of parliament and of the members and committees thereof rules of procedure (a) if he holds any office of profit under the government of india or the government of any state, other than an office declared by parliament by law not to disqualify its holder; - - - - - 103 (1) if any question arises as to whether a member of either house of parliament has become subject to any of the disqualifications mentioned in clause (1) of article 102, the question shall be reft:!rred for the decision of the presirlent and his decision shall be final (2) before giving any decision on any such question the president shall obtain the opinion of the election commission and shall act according to such opinion  -    - 105 (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, shall 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  -  - - 118 (1) each house of parliament may make rules for regulating, subject to the provisions of this constitution, its procedure and the conduct of its business - - - - - 140 (1) subject to the provlslons of any law made by parliament, rules of the supreme court may from time to time, with the approval of the pre-court, etc sident, make rules for regulating generally the practice and procedure of the court including--  ~--- -  (2) subject to the provisions of clause (3), rules made under this article may fix the minimum number of juliges who are to sit for any purpose and may provide for the powers of single judges and division courts ~- --• -  , (3) the minimum number of judges who are to sit for the purpose of deciding any case involving a substantial question of law as to the interpretation of this constitution or for the purpose of hearing any reference under article 143 shall be five: provided that, where the court hearin~ an appeal under any of the provisions of this chapter other than article 132 consists of less than five judges and in the course of the hearin~ of the appeal the court is satisfied that the appeal involves a substantial question of law as to the loterpretation of this constitution the determination of which is necessary for the disposal of the appeal such court shan refer the question for opinion to a court constituted as required by this clause for the purpose of decirling any case involving such a question and shall on receipt of the opinion dispose of the appeal in conformity with such opinion  -   - - 150 the accounts of the union and of the states shall be kept in such form as the comptroller and auditor-general of india may, with the approval w the president, prescribe - - - -  power of comptroller and auditor-general to give directions as to accounts composition of the legislative assemblies duration of state legislatures 170 (1) subject to the provisions of article 333, the legislative assembly of each state shall consist of not more than five hundred, and not less than sixty, members chosen by direct election from territorial constituencies in the state (2) for the purposes of clause (1) each state shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the state erplanation-in this clause, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published '(3) upon the completion of each census, the total number of seats in the legislative assembly of each state and the division of each state into territorial constituencies shall be readjusted by such authority and in such manner as parliament may by law determine: provided that such readjustment shall not affect representation in the legislative assembly until the dissolutioll'l of the then existing assembly - - - -  172 (1) every legislative assembly of every state, unless sooner dissolved, shall continue for five years from the daie appointed for its first meeting and no longer and the expiration of the said period of five years shall operate as a dissolution of the assembly: voting in houses, power of houses to act notwithstanding vacancies and quorum provided that the said period may, while a proclamation of emergency is in operation, be extended by parliameat by law fqj a period! bot exceedirg one year at a time and not extending in any case beyond a period of six months after the proiclamation has ceased to operate - - 189 (1) - - •  - - • - • (3) until the legislature of the state by law otherwise provides, the quorum to constitute a meeting of a house of the legislature of a state shall be ten members or one-tenth of the total number of members of the house, whichever is greater (4) if at any time during a meeting of the legislative assembly or the legislative council of a state there is no quorum, it shall be the duty of the speaker or chairman, or person acting as such, either to adjourn the hquse or to suspend the meeting until there is a quorum  - - - - ' disquailll  cations i-- tjc91 (1) a person shall be disqualified for being chosen as, and for pemg, a :member of the legislative assembly or legislative council of a state-, (a) if he holds any office of profit under the government of india for member:' ship or the government of any state specified in the first schedule, qther, than an office declared by the legislature of the state by law not to t:lisq~ify its holder; - - - - - 192 (1) if any qu~stion arises as to whether a member of a house of ihe legislature of a state has become subject to any of the disqualifiea: !ierls mentioned in clause (1) of article 191, the question shall be referred for the decision of the governor and his decision shall be final deci~on on questions as to disqualifications of members (2) before giving any decision on any such questiol", the governor shall obtain the opinion of the election cojmmission and shall act according to such opinion - - 1m (1) - - • - - - - • (3) in other respects, the powers, privileges and immunities of a house of the legislature of a state, and 0if the members and the committees of a house of such legislature, shall be such as may from time to time be defined by the legislature by law, and, until so defined, shall be those of the house of commons of the parliament of the united kingtiom, and of its members and committees, at the cojrrlmencement of this constitution - - - - - powers, privileges, etc, of the houses of lei,'islatures and of the members and committees thereof rules of procedure 208 (1) a house of the legislature of a state may make rules for regulating, !ubject to the provisions of this constitutiqil, its procedure and the conduct of its business - - - - - 217 (1) - - - - - (2) a person shall not be qualified for appointment as a judge of a high court unless he is a citizen of india and-appoint_ ment and conditions of the office of a judge of a high court (a) has for at least ten years held a judicial office in the territory at india; or (b) has for at least ten years been an advocate of a high court or of two or more such courts in succession explanation-for the purposes of this clause-, , (a) in computing the period during which a person has been an advocate of a high court, there shall be included any period during which the person has held judicial office after he became an advocate; (b) in computing the period during which a person has held judicial office in the territqry of india or been an advocate of a high court, there shall be included any' period before the commencement of this constitution during which he has held judicial 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 hi,gh cqurt in any :mch area, af: the case may be - - - - - jurisdic_ tion of z25 subject to the provisions of this constitution and to the provisions of any law of the appropriate legislature made by virtue of powers con-power of high court to issue certain writs , ,,:1 _ 1 ji  ferred qn 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 of justice in: the court, including any power to make rules of court and to regulatel the sittings of the court and qf members thereof sitting alone or iit di\>'ision courts, shall be the same as immediately before the commence';' ment of this constitution: provided that any restriction to which the exercise of original jurig diction 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 cdmmencement of this constitution shall no lqnger apply to the exercise of such jurisdiction 221 (1) notwithstanding anything in article 32, every high court sluill have power; throughout the territories in rel1ltion to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases any gqvernment, within those territories directions, orders or writs, including writs in, the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by part iii and for any other purpose (la) the power conferred by clause (1) to issue directions, orders or writs to any government, authority or person may also be exercised by any high court exercising jurisdiction in relation to the territories within which! the cause of action, wholly or in part, arises for the exercise of such power, nqtwithstanding that the seat of such government or authority or the residence of such person is not within those tenitories (2) the power conferred on a high court by clause (1) or clause (la) shall not be in derogation of the power conferred on the supreme court by clause (2) of article 32 227 (1) every high court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction - - - - - power of superintendence over all courts by the high court transfer of certain cases to high court 228 if the high court is satisfied that a case pending in a court sub-oii'dinate to it involves a substantial question of law as to the interpretation of this constitution the determination of which is necessary for the disposal of the case, it shall withdraw the case and may-(a) either dispose of the case itseu, or (b) determine the said question of law and return the case to the court' from which the case has been so withdrawn together with a copy af its judgment on such question, and the said court shall on receipt thereof, proceed to dispose of the case in comformity with such judgment - - - - - - 311 (1) - - - - - (2) no such person as aforesaid shall be dismis:aed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges and where it is proposed, after such inquiry, to impose on him any such penalty, until he has been given a dismissal, rernovalor reduction in rank ot persons employe! in civil capacities teasoriable opportunity of making representation on the penalty proposed, but only on the basis of the evidenc(' adduced during such inquiry: under the union or a state provided that this clause shall not apply-(4) where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criininal cliarge; or (b) where the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason to be recorded by that authority in writing, it is not rea'son;bly practicable to hold such inquiry; or (c) where the president or the governor, as the case may be, is satisfied that in the interest of the security of the state it is not expedient to hold such inquiry     - 312 (1) notwithstanding anything in part xi, if the council of all-india states has declared by resolution supported by not less than two-thirds service • o! the members present and voting that it is necessary or expedient in the national interest so to do, parliament may by law provide for the creation of one or more all-india services common to the union and the states, and, subject to the other provisions of this chapter, regulate the recruitment, and the conditions of service of persons appointed, to any such service      3ljo (1) seats shall be reserved in the house of the people for-(a) the scheduled castes; (b) the scheduled tribes except the scheduled tribes-(i) in the tribal areas of assam; (ii) in nagaland; (iii) in meghalaya; (iv) in arunachal pradesh; and (v) in mizoram; and reservation of seats for scheduled castes and scheduled tribes in the house of the people (c) the scheduled tribes in the autonomous districts of assam (2) the number of seats reserved in any state or union territory for the scheduled castes or the scheduled tribes under clause (1) shall bear as nearly as may be, the same proportion to the total number of sea~ allotted to that state or union territory in the house of the people as the population of the scheduled castes in the state or union territory or of the scheduled tribes in the state or union territory or part of the state or union territory, as the case may be, in respect of which seats are so reserved, bears to the total population of the state or union terri tory (3) notwithstancting anything contained in clause (2), the n~ber of seats reserved in the house of the people for the scheduled tribes  th autonomous districts of assam shall bear to the total number of :ats eallotted to that state a proportion not less than the population of the scheduled tribes in the said autonomous districts bears to the tot,n population of the suite  - - - - | ,         |     ||-----------|------|| proclama- |      || tion      | of   || emeraenq |      |352 (1) if the president is satisfied that" grave emergency exists whereby 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 (2) a proclamation issued under clause (1)-(a) may be revoked by a subsequent proclamation! iir - - provided that if any such proclamation is issued at a time when the mouse of the people has been dissolved or the dissolution of the house of the people takes place during the period of two months referred to in sub-clause (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 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 first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the proclamation has been also passed by the house of the people  - - - - - 353 while a proclamation of emergency is in operation, then-etjeet of proclamation of emergency (a) notwithstanding anything in this constitution, the executive power of the union shall extend to the giving of directions to any state as to the manner in' which the executive power thereof is to be exercised; (b) the power of parliament to make laws with r~t to any matter shall include power to make laws conferring powers and imposing duties, or authorising the conferring of powers and the imposition of duties, upon the union or officers and authorities of the union as respects that matter, notwithstanding that it is one which is not enumerated in the union list - - - - - 356 (1) - - - - - (4) a proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of six months from the date of the passing of the second of the resolutions approving the proclamation under clause (3): provisions in case of failure of constitutional machinery in states provided that if and so often as a resolution approving the continuance in force of such a proclamation i's 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 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 place during any such period of six months and a resolution exercise of legislative powers under proclamation issued under article 356 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 house of the people during the said period, the proclamation shall cease to operate at the expiration of thirty days from the date on which the house of the people first sits after its reconstitution unless 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  -  -   351 (1)  - - - - (2) any law made in exercise oif the power of the legislature of the state by parliament or the president or other authority referred to in su1rclause (a) of clause (1) which parliament or the president or such other authority would not, but for the issue of a proclamation under article 356, have been competent to make shall, to the extent of the incompetency, cease to have effect on the expiration of a period of one year after the proclamation has ceased to operate e"(cept as respects things done or omitted to be done before the expiration of the 'said period, unless the provisions which shall so cease to have effect are sooner repealed or re-enacted with or without modification by act of the appropriate legislature suspension of provisions of article 19 during emergencies 358 while a proclamation of emergency is in operation, nothing in article 19 shall restrict the power of the state as defined in part iii to make any law or to take any executive action which tile state would but for the provisions contained in that part be competent to make or to take, but any law so 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 359 (1) - - - - - (la) while an order made under clause (1) mentionin~ any of the rights conferred by part iii is in operation, nothing in that part conferring those rights shall restrict the power of the state as defined in the suspension of the enforce_ ment of the rights conferred by part in during emergen_ cies, ~aid 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 any 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 respect's things done or omitted to be done before the law so ceases to have effect (2) an order made as aforesaid may extend to the whole or any part of the territory of india -     371f notwithstanding anything in this consltitution,-- - - - - special provisions with respect 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 (b), the references to the period of five years in clause (1) of article 172 shan be construed as references to a period of four' years and the said period of four years shall be deemed to commence from the appointed day; - - - - - -  list i-union list •- -  list ii-state list - •1 public order (but not including the use of naval, military or air forces or any other armed forces of the union in aid of the civil power) 2 police, including railway and village police 3 administration of justice; constitution and organisation of all courts, except the supreme court and the high court; offtcers and servants of the high court; procedure in rent and revenue courts; fees taken in all courts except the supreme court - - - - - 11 education including universities, subject to the provisions of en· tries 63, 64, 65 and 66 of list i and entry 25 of list iii - - - - - 19 forests 20 protection of wild animals ann birds - - - - - 29 weights and measures except establishment of standards    - - 55 taxes on advertisements other than advertisements pubushed in the newspapers - -   - list ill-concurrent list - - - - - 25 vocational and technical training of labour  - - - - - a bill further to amend the consti~ution of india (shri h r gokhale, mmibter of law, ju8tice and company aff4its) 