Indian Government and Politics 2

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INDIAN GOVERNMENT

AND POLITICS

Vol. II

CONTENTS

Preface

1. The Constitution (Application to Jammuand Kashmir) Order, 1954 1

2. The Exceptions and Modifications to the Stateof Jammu and Kashmir 17

3. Extracts from the Constitution(Forty-fourth Amendment) Act, 1978 39

4. The Constitution (Eighty-sixth Amendment)Act, 2002 41

5. The Constitution (Eighty-eighth Amendment)Act, 2003 43

6. Consequential and Minor Amendments andRepeals in the Constitution 70

Bibliography 279

Index 283


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The Constitution (Application to Jammu and Kashmir)... 1

1

THE CONSTITUTION (APPLICATION

TO JAMMU AND KASHMIR) ORDER,

1954

C.O. 48

In exercise of the powers conferred by clause (1) of article 370of the Constitution, the President, with the concurrence of theGovernment of the State of Jammu and Kashmir, is pleased to

make the following Order:-1. (1) This Order may be called the Constitution (Application

to Jammu and Kashmir) Order, 1954.

(2) It shall come into force on the fourteenth day of May, 1954,and shall thereupon supersede the Constitution (Application to

Jammu and Kashmir) Order, 1950.

2. The provisions of the Constitution as in force on the 20thday of June, 1964 and as amended by the Constitution (Nineteenth

Amendment) Act, 1966, the Constitution (Twenty-firstAmendment) Act, 1967, section 5 of the Constitution (Twenty-third Amendment) Act, 1969, the Constitution (Twenty-fourthAmendment) Act, 1971, section 2 of the Constitution (Twenty-fifth Amendment) Act, 1971, the Constitution (Twenty-sixthAmendment) Act, 1971, the Constitution (Thirtieth Amendment)Act, 1972, section 2 of the Constitution (Thirty-first Amendment)Act, 1973, section 2 of the Constitution (Thirty-third Amendment)Act, 1974, sections 2, 5, 6 and 7 of the Constitution (Thirty-eighth

Amendment) Act, 1975, the Constitution (Thirty-ninthAmendment) Act, 1975, the Constitution (Fortieth Amendment)


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Indian Government and Politics38 Extracts from the Constitution (Forty-fourth Amendment) Act, 1978 39

(d) in paragraph 5, the words "or the Chairman or the DeputyChairman of the Legislative Council of a State or the Speaker orthe Deputy Speaker of the Legislative Assembly of a State" shall

be omitted;

(e) in sub-paragraph (2) of paragraph 6, the words and figures"or, as the case may be, proceedings in the Legislature of a Statewithin the meaning of article 212" shall be omitted;

(f) in sub-paragraph (3) of paragraph 8, the words and figures"or, as the case may be, article 194," shall be omitted.

3

EXTRACTS FROM THE

CONSTITUTION (FORTY-FOURTH

AMENDMENT) ACT, 1978

1. Short title and commencement.- (1)

(2) It shall come into force on such date as the CentralGovernment may, by notification in the Official Gazette, appointand different dates may be appointed for different provisions ofthis Act.

3. Amendment of article 22.- In article 22 of the Constitution,-

(a) for clause (4), the following clause shall be substituted,namely:-

'(4) No law providing for preventive detention shall authorisethe detention of a person for a longer period than two monthsunless an Advisory Board constituted in accordance with therecommendations of the Chief Justice of the appropriate HighCourt has reported before the expiration of the said period of two

months that there is in its opinion sufficient cause for suchdetention:

Provided that an Advisory Board shall consist of a Chairmanand not less than two other members, and the Chairman shall bea serving Judge of the appropriate High Court and the othermembers shall be serving or retired Judges of any High Court:

Provided further that nothing in this clause shall authorise thedetention of any person beyond the maximum period prescribed

by any law made by Parliament under sub-clause (a) of clause (7).


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Indian Government and Politics40 The Constitution (Eighty-sixth Amendment) Act, 2002 41

Explanation.- In this clause, "appropriate High Court" means,-

(i) in the case of the detention of a person in pursuance of an

order of detention made by the Government of India or an officeror authority subordinate to that Government, the High Court forthe Union territory of Delhi;

(ii) in the case of the detention of a person in pursuance ofan order of detention made by the Government of any State (otherthan a Union territory), the High Court for that State; and

(iii) in the case of the detention of a person in pursuance ofan order of detention made by the administrator of a Union

territory or an officer or authority subordinate to suchadministrator, such High Court as may be specified by or underany law made by Parliament in this behalf.';

(b) in clause (7),-

(i) sub-clause (a) shall be omitted;

(ii) sub-clause (b) shall be re-lettered as sub-clause (a); and

(iii) sub-clause (c) shall be re-lettered as sub-clause (b) and inthe sub-clause as so re-lettered, for the words, brackets, letter and

figure "sub-clause (a) of clause (4)" , the word, brackets and figure"clause (4)" shall be substituted.

4

THE CONSTITUTION (EIGHTY-SIXTH

AMENDMENT) ACT, 2002

[12th December, 2002]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Fifty-third year of the

Republic of India as follows:-

1. Short title and commencement.-

(1) This Act may be called the Constitution

(Eighty-sixth Amendment) Act, 2002.

(2) It shall come into force on such date* as the Central

Government may, by notification in the Official

Gazette, appoint.

2. Insertion of new article 21A.-After article 21 of the

Constitution, the following article shall be inserted,

namely:--

"21A. Right to education.-The State shall provide free and

compulsory education to all children of the age of six to

fourteen years in such manner as the State may, by law,

determine.".

3. Substitution of new article for article 45.-For article 45 of

the Constitution, the following article shall be substituted,

namely:-

"45. Provision for early childhood care and educationto children below the age of six years.-The State


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Indian Government and Politics42 The Constitution (Eighty-eighth Amendment) Act, 2003 43

shall endeavour to provide early childhood care and

education for all children until they complete the age of

six years.".

4. Amendment of article 51A.-In article 51A of theConstitution, after clause (j), the following clause shall beadded, namely:--

"(k) who is a parent or guardian to provide opportunitiesfor education to his child or, as the case may be, ward

between the ago of six and fourteen years.".

5

THE CONSTITUTION (EIGHTY-

EIGHTH AMENDMENT) ACT, 2003

[15th January, 2004.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Fifty-fourth Year of theRepublic of India as follows:--

1. Short title and Commencement.-(1) This Act may be calledthe Constitution (Eighty-eighth Amendment) Act, 2003.

(2) It shall come into force on such date* as the CentralGovernment may, by notification in the Official Gazette, appoint.

2. Insertion of new article 268A.-After article 268 of theConstitution, the following article shall be inserted, namely:--

"268A. Service tax levied by Union and collected andappropriated by the Union and the States.-(1) Taxes on servicesshall be levied by the Government of India and such tax shall becollected and appropriated by the Government of India and the

States in the manner provided in clause (2).

(2) The proceeds in any financial year of any such tax leviedin accordance with the provisions of clause (1) shall be-

(a) collected by the Government of India and the States;

(b) appropriated by the Government of India and the States,in accordance with such principles of collection and appropriationas may be formulated by Parliament by law.".

3. Amendment of article 270.-In article 270 of the Constitution,in clause (1), for the words and figures "articles 268 and 269", the


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Indian Government and Politics Consequential and Minor Amendments and Repeals in the Constitution150 151

2. Amendment of article 316.-In article 316 of the Constitution,in clause (2), for the words "sixty years", the words "sixty-twoyears" shall be substituted.

20. Substitution of new article for article 103.

21. Amendment of article 105.



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THE CONSTITUTION (FORTY-SECOND AMENDMENT)ACT, 1976

Statement of Objects and Reasons appended to the Constitution(Forty-fourth Amendment) Bill, 1976 (Bill No. 91 of 1976) whichwas enacted as THE CONSTITUTION (Forty-second Amendment)Act, 1976

ARRANGEMENT OF SECTIONS

SECTIONS

1. Short title and commencement.

2. Amendment of the Preamble.

3. Insertion of new sub-heading after article 31.

4. Amendment of article 31C.

5. Insertion of new article 31D.

6. Insertion of new article 32A.7. Amendment of article 39.

8. Insertion of new article 39A.



11. Insertion of new Part IVA.









. e d e t o a t c e 8.














36. Amendment of article 217.37. Amendment of article 225.









46. Insertion of new Part XIVA.





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Indian Government and Politics278 Bibliography 279

2. Amendment of article 15.-In article 15 of the Constitution,after clause (4), the following clause shall be inserted, namely:-

"(5) Nothing in this article or in sub-clause (g) of clause (1)of article 19 shall prevent the State from making any specialprovision, by law, for the advancement of any socially and

educationally backward classes of citizens or for the ScheduledCastes or the Scheduled Tribes in so far as such special provisionsrelate to their admission to educational institutions includingprivate educational institutions, whether aided or unaided by theState, other than the minority educational institutions referred toin clause (1) of article 30.".

BIBLIOGRAPHY

Adam, R.: Elements of Government, New York, Random House, 1960.

Ali, A.:Mandal Commission Controversy, Delhi, Ajanta Publications,1991.

A S A ti d I di E i D l t d S i l


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T. K. VISWANATHAN,

Secy. to the Govt. of India.

Amartya Sen: Action and India: Economic Development and SocialOpportunity, Delhi, Oxford University Press, 1999.

Ashton, S.R.: British Policy Towards the Indian States, 1905-1939,London, Curzon, 1982.

Austin, Granville: The Indian Constitution: Cornerstone of a Nation,Oxford, Clarendon Press, 1966.

Barber B.R.: Strong Democracy. Participatory Politics for a New Age.Berkeley, University of California Press, 1984.

Bell, D.: The Coming of Post-industrial Society. A venture in socialforecasting, New York, Basic Books, 1973.

Benefits Agency: One stop. Benefits Agency delivery, Leeds, BenefitsAgency, 1992.

Best M.: The New Competition. Institutions of Industrial Restructuring,Cambridge, Polity Press, 1990.

Blau, M.: Bureaucracy in Modern Society, New York, Random House,1956.

Brierly, L.: The Law of Nations, New York, Oxford University Press,1955.

Burns D. Hambleton, R and Hoggett, P.: The Politics ofDecentralisation, Basingstoke, MacMillan, 1994.

Chandra, R.:Judicial System in India, Lucknow, Print House (India),1992.

Charles Howard McIlwain: Constitutionalism: Ancient and Modern,N.Y., Cornell University Press, 1958.

Chitta, R.:Mixo Polity and Political Modernisation, New Delhi, VikasPublishing House PVT LTD, 1998.


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Indian Government and Politics288 Indian Government and Politics 289

S

Scheduled Castes, 44, 221, 222,

223, 224, 225, 226, 235,

236, 243, 246, 247, 256,

257, 262, 263, 269, 278.

Society, 254.Speaker, 6, 16, 22, 23, 38, 126,

141, 191, 209, 210, 211.Special Provisions, 88, 121, 133,

160, 166, 176, 227, 278.

State Legislature, 47, 65, 83, 124,

171.State Public Service Commission

T

Trade, 9, 27, 44, 45, 49, 53,54, 65, 85, 142, 196, 197,260, 267.

U

Union Public Service Commission,63.

Union territories, 55, 57, 58, 59,62, 63, 64, 72, 75, 86,87, 92, 228, 240, 250,260.

University, 122, 125.


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State Public Service Commission,

115.

Supreme Court, 10, 13, 14, 23,

28, 29, 34, 35, 61, 83,93, 115, 116, 117, 118,119, 123, 124, 135, 138,

139, 142, 154, 158, 159,

160, 165, 169, 170, 175,178, 183, 185, 212.

V

Vice-President, 86, 131, 140,183.Violence, 156.

W

Welfare, 222, 225, 243, 270.Workers, 146, 155.

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