Miscellaneous, Temporary, And Special Provisions
Special provisions for certain classes: In keeping with its objectives of securing social and economic justice to all and establishing economic democracy, the Constitution makes certain provisions to help the weaker sections of the society to come up to the level of the general body of citizens. Thus, the Scheduled Castes and Scheduled Tribes were provided special protection and seats in legislatures and positions in services were reserved for them. The Constitution does not define the Scheduled Castes or the Scheduled Tribes. These are to be identified by the notification by the President in consultation with the Governor of a State about that State. The President has made several orders specifying the Scheduled Castes and Scheduled Tribes in different States. Acts of Parliament has also amended these orders under powers given under articles 341-342.
Article 334 as amended from time to time provides for reservation of seats in the Lok Sabha and Legislative Assemblies of States for the Scheduled Castes and Scheduled Tribes and representation of the Anglo-Indian community. The number of reserved seats is to be based on the proportion of Scheduled Castes or Scheduled Tribes in the population. Not more than two members of the Anglo-Indian community may be nominated to Lok Sabha and one member to a State Assembly by the President or the Governor, as the case may be if it is found that community is not adequately represented in the House (article 331 and 334). While there are reserved constituencies, the electorate is the general public, i.e. all the voters in the constituency without any distinction of community or caste, etc. There are to be no separate electorates. Under article 335, the claims of the Scheduled Castes and Tribes are to be taken into consideration while making appointments to public services without sacrificing the efficiency of administration. Article 338 provides for the setting up of a national commission for Scheduled Castes and Scheduled Tribes. Article 340 empowers the President to appoint a Backward Classes Commission to investigate the conditions of the “socially and educationally backward classes” and to recommend removal of their difficulties and improvement in their conditions.
Miscellaneous Provisions
Article 361 seeks to protect the head of the Union (The President of India) and the heads of States (The Governors) from personal answerability before courts of law for any action in the discharge of his duties, the institution of any criminal proceedings while in office, issuance of any process for arrest from any court and institution of any civil proceedings claiming a relief, without giving at least two months notice in writing. The purpose behind the article is to maintain the high dignity and prestige of the Head of the Union or Heads of the States who represent the honour of the Union and the States. They are the guardians of the Constitution and symbols of authority. The remedy for wrongdoing at the level of the President is removed from office by a process of impeachment by Parliament under Article 61. The Governors of States hold office during the pleasure of the President.
Article 361A was inserted by the 44th Amendment to give protection to the publication of proceedings of Parliament and State Legislatures. Proceedings of Legislatures are privileged and cannot be published without the permission of the House concerned. Article 361A says that no person shall be liable to any proceedings in respect of the publication in good faith in a newspaper of a substantially true report of any legislative proceeding other than that of a secret sitting. The protection extends to radio broadcasts. Article 363 bars interference by courts in disputes arising out of treaties, agreements, etc. entered into between the Government of India or its predecessor with the rulers of the princely States. Article 363A gives constitutional recognition to the abolition of the privileges and privy purses of the princes. Article 364 provides that the President may by notification exclude major ports and aerodromes from the application of any law. Article 365 lays down that failure to comply with the directions of the Union may be enough justification for the President to hold that the Government of the State cannot be carried on following the Constitution, thereby inviting imposition of President’s rule under Article 356. (See under the chapter on ‘Emergency Provisions’ also). Article 366 is the definition clause and explains the meaning of several terms used in the Constitution. Article 367 is the interpretation clause and says that generally the General Clauses Act shall apply to the interpretation of the provisions of the Constitution, reference to Acts or laws shall cover ordinances issued by the President or the Governor of the State concerned, “foreign state” in the Constitution means any State other than India but the President may by order declare any State not to be a foreign State for particular purposes.
Temporary, Transitional And Special Provisions
Some of the temporary and transitional provisions were for a fixed period which has already expired. For example, Parliament’s power to make laws for matters in the State List under article 369 was for a period of five years only. Similarly, the power of the President in cases of Preventive Detention under article 373 was only for a year. The most important and politically perhaps the most controversial have been the “temporary provisions concerning the State of Jammu & Kashmir” in article 370. Under this article, the power of Parliament to make laws for the State of Jammu and Kashmir shall be limited to matters specified in the Instrument of Accession and may extend to any others only with the concurrence of the State. Articles 371 to 371 I contains special provisions in respect of the States of Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh and Goa. In each case, the idea is to satisfy the regional, tribal or other susceptibilities and protect the interests of the local people. Thus, for instance, Acts of Parliament affecting the religions or social practices, customary laws, ownership of land, etc. shall not apply to Nagaland, and the Governor of Nagaland shall have certain special responsibilities. Article 372 provides for the continuance in force of the existing laws and article 372A empowers the President to adopt the pre-Constitution laws to the provisions of the Constitution. Article 374 to 378A contain temporary provisions in respect of judges of the federal court and High Courts, pending proceedings, Comptroller and Auditor General and Public Service Commissions before the Constitution, duration of the Andhra Legislative Assembly, etc. 95 Article 392 empowers the President to remove any difficulties about the commencement of the operation of the Constitution.
Here are some notes on the Amendment Of The Constitution And Important Amendments.