371 అధికరణం

రాజ్యాంగం లోని 371 అధికరణం యథా తథా పాఠం ఇక్కడ అందుబాటులో...

[371.
3
* * * *
(2) Notwithstanding anything in this Constitution,
the President may by order made with respect to
5
[the
1
See the Constitution (Application to Jammu and Kashmir) Order, 1954 (C.O. 48) as
amended from time to time, in Appendix I.
2
Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 22, for art. 371.
3
Cl. (1) omitted by the Constitution (Thirty-second Amendment) Act, 1973, s. 2, (w.e.f.
Special provision
with respect to
the States of
4
***
Maharashtra and
Gujarat. 1-7-1974).
4
The words “Andhra Pradesh,” omitted by s. 2, ibid. (w.e.f. 1-7-1974).
5
Subs. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 85, for “the State of
Bombay” (w.e.f. 1-5-1960).
State of Maharashtra or Gujarat], provide for any special
responsibility of the Governor for—
(a) the establishment of separate development
boards for Vidarbha, Marathwada,
1
[and the rest of
Maharashtra or, as the case may be,] Saurashtra,
Kutch and the rest of Gujarat with the provision that
a report on the working of each of these boards will
be placed each year before the State Legislative
Assembly;
(b) the equitable allocation of funds for
developmental expenditure over the said areas,
subject to the requirements of the State as a whole;
and
(c) an equitable arrangement providing adequate
facilities for technical education and vocational
training, and adequate opportunities for employment
in services under the control of the State Government,
in respect of all the said areas, subject to the
requirements of the State as a whole.]
2
[371A. (1) Notwithstanding anything in this
Constitution,—
(a) no Act of Parliament in respect of—
(i) religious or social practices of the Nagas,
(ii) Naga customary law and procedure,
(iii) administration of civil and criminal justice
involving decisions according to Naga customary
law,
(iv) ownership and transfer of land and its
resources,
shall apply to the State of Nagaland unless the Legislative
Assembly of Nagaland by a resolution so decides;
(b) the Governor of Nagaland shall have special
responsibility with respect to law and order in the
Special provision
with respect to the
State of Nagaland.
1
Subs. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 85, for “the rest of
Maharashtra,” (w.e.f. 1-5-1960).
2
Ins. by the Constitution (Thirteenth Amendment) Act, 1962, s. 2 (w.e.f. 1-12-1963).
THE CONSTITUTION OF INDIA
(Part XXI.—Temporary, Transitional and Special
Provisions.—Arts. 371-371A.)
245
(c) an equitable arrangement providing adequate
facilities for technical education and vocational
training, and adequate opportunities for employment
in services under the control of the State Government,
in respect of all the said areas, subject to the
requirements of the State as a whole.]

1
[371D. (1) The President may by order made with
respect to the State of Andhra Pradesh provide, having
regard to the requirements of the State as a whole, for
equitable opportunities and facilities for the people
belonging to different parts of the State, in the matter
of public employment and in the matter of education, and
different provisions may be made for various parts of the
State.
(2) An order made under clause (1) may, in
particular,—
(a) require the State Government to organise any
class or classes of posts in a civil service of, or any
class or classes of civil posts under, the State into
different local cadres for different parts of the State
and allot in accordance with such principles and
procedure as may be specified in the order the
persons holding such posts to the local cadres so
organised;
(b) specify any part or parts of the State which
shall be regarded as the local area—(i) for direct recruitment to posts in any local
cadre (whether organised in pursuance of an order
under this article or constituted otherwise) under
the State Government;
(ii) for direct recruitment to posts in any cadre
under any local authority within the State; and
(iii) for the purposes of admission to anyUniversity within the State or to any other
educational institution which is subject to the
control of the State Government;
(c) specify the extent to which, the manner in which
and the conditions subject to which, preference or
reservation shall be given or made—
(i) in the matter of direct recruitment to posts in
any such cadre referred to in sub-clause (b) as may
be specified in this behalf in the order;
1
Ins. by the Constitution (Thirty-second Amendment) Act, 1973, s. 3 (w.e.f. 1-7-1974).
THE CONSTITUTION OF INDIA
(Part XXI.—Temporary, Transitional and Special
Provisions.—Art. 371D.)
251

(ii) in the matter of admission to any such
University or other educational institution referred
to in sub-clause (b) as may be specified in this
behalf in the order,
to or in favour of candidates who have resided or studied
for any period specified in the order in the local area in
respect of such cadre, University or other educational
institution, as the case may be.
(3) The President may, by order, provide for the
constitution of an Administrative Tribunal for the State of
Andhra Pradesh to exercise such jurisdiction, powers
and authority [including any jurisdiction, power and
authority which immediately before the commencement
of the Constitution (Thirty-second Amendment) Act, 1973,
was exercisable by any court (other than the Supreme
Court) or by any tribunal or other authority] as may be
specified in the order with respect to the following matters,
namely:—
(a) appointment, allotment or promotion to such
class or classes of posts in any civil service of the
State, or to such class or classes of civil posts under
the State, or to such class or classes of posts under
the control of any local authority within the State, as
may be specified in the order;
(b) seniority of persons appointed, allotted or
promoted to such class or classes of posts in any
civil service of the State, or to such class or classes
of civil posts under the State, or to such class or
classes of posts under the control of any local
authority within the State, as may be specified in the
order;
(c) such other conditions of service of persons
appointed, allotted or promoted to such class or
classes of posts in any civil service of the State or to
such class or classes of civil posts under the State or
to such class or classes of posts under the control of
any local authority within the State, as may be
specified in the order.
THE CONSTITUTION OF INDIA
(Part XXI.—Temporary, Transitional and Special
Provisions.—Art. 371D.)
252

(4) An order made under clause (3) may—
(a) authorise the Administrative Tribunal to
receive representations for the redress of grievances
relating to any matter within its jurisdiction as the
President may specify in the order and to make such
orders thereon as the Administrative Tribunal deems
fit;
(b) contain such provisions with respect to the
powers and authorities and procedure of the
Administrative Tribunal (including provisions with
respect to the powers of the Administrative Tribunal
to punish for contempt of itself) as the President
may deem necessary;
(c) provide for the transfer to the Administrative
Tribunal of such classes of proceedings, being
proceedings relating to matters within its jurisdiction
and pending before any court (other than the
Supreme Court) or tribunal or other authority
immediately before the commencement of such order,
as may be specified in the order;
(d) contain such supplemental, incidental and
consequential provisions (including provisions as to
fees and as to limitation, evidence or for the
application of any law for the time being in force
subject to any exceptions or modifications) as the
President may deem necessary.
1
(5) The Order of the Administrative Tribunal finally
disposing of any case shall become effective upon its
confirmation by the State Government or on the expiry of
three months from the date on which the order is made,
whichever is earlier:
Provided that the State Government may, by special
order made in writing and for reasons to be specified
1
In P. Sambamurthy and others vs. State of Andhara Pradesh and another (1987) 1 SCC,
p. 362, the Supreme Court declared cl. (5) of art. 371D along with the proviso to be
unconstitutional and void.
THE CONSTITUTION OF INDIA
(Part XXI.—Temporary, Transitional and Special
Provisions.—Art. 371D.)
253

therein, modify or annul any order of the Administrative
Tribunal before it becomes effective and in such a case,
the order of the Administrative Tribunal shall have effect
only in such modified form or be of no effect, as the case
may be.
(6) Every special order made by the State Government
under the proviso to clause (5) shall be laid, as soon as
may be after it is made, before both Houses of the State
Legislature.
(7) The High Court for the State shall not have any
powers of superintendence over the Administrative
Tribunal and no court (other than the Supreme Court) or
tribunal shall exercise any jurisdiction, power or authority
in respect of any matter subject to the jurisdiction, power
or authority of, or in relation to, the Administrative
Tribunal.
(8) If the President is satisfied that the continued
existence of the Administrative Tribunal is not necessary,
the President may by order abolish the Administrative
Tribunal and make such provisions in such order as he
may deem fit for the transfer and disposal of cases
pending before the Tribunal immediately before such
abolition.
(9) Notwithstanding any judgment, decree or order
of any court, tribunal or other authority,—
(a) no appointment, posting, promotion or transfer
of any person—
(i) made before the 1st day of November, 1956,
to any post under the Government of, or any local
authority within, the State of Hyderabad as it
existed before that date; or
(ii) made before the commencement of the
Constitution (Thirty-second Amendment) Act,
1973, to any post under the Government of, or
any local or other authority within, the State of
Andhra Pradesh; and
THE CONSTITUTION OF INDIA
(Part XXI.—Temporary, Transitional and Special
Provisions.—Art. 371D.)
254

(b) no action taken or thing done by or before any
person referred to in sub-clause (a),
shall be deemed to be illegal or void or ever to have
become illegal or void merely on the ground that the
appointment, posting, promotion or transfer of such
person was not made in accordance with any law, then
in force, providing for any requirement as to residence
within the State of Hyderabad or, as the case may be,
within any part of the State of Andhra Pradesh, in respect
of such appointment, posting, promotion or transfer.
(10) The provisions of this article and of any order
made by the President thereunder shall have effect
notwithstanding anything in any other provision of this
Constitution or in any other law for the time being in
force.