PART XXI
TEMPORARY, TRANSITIONAL AND
SPECIAL PROVISIONS
369. Temporary power to Parliament to make laws with respect to
certain matters in the State List as if they were matters in the Concurrent
List.—Notwithstanding anything in this Constitution, Parliament shall, during
a period of five years from the commencement of this Constitution, have power
to make laws with respect to the following matters as if they were enumerated
in the Concurrent List, namely:—
(a) trade and commerce within a State in, and the production, supply
and distribution of, cotton and woollen textiles, raw cotton (including
ginned cotton and unginned cotton or kapas), cotton seed, paper
(including newsprint), food-stuffs (including edible oilseeds and oil),
cattle fodder (including oil-cakes and other concentrates), coal
(including coke and derivatives of coal), iron, steel and mica;
(b) offences against laws with respect to any of the matters
mentioned in clause (a), jurisdiction and powers of all courts except the
Supreme Court with respect to any of those matters, and fees in respect
of any of those matters but not including fees taken in any court;
but any law made by Parliament, which Parliament would not but for the
provisions of this article have been competent to make, shall, to the extent of the
incompetency, cease to have effect on the expiration of the said period, except as
respects things done or omitted to be done before the expiration thereof.
1
[370. Temporary provisions with respect to the State of Jammu
and Kashmir.—(1) Notwithstanding anything in this Constitution,—
(a) the provisions of article 238 shall not apply in relation to the State
of Jammu and Kashmir;
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1 In exercise of the powers conferred by this article the President, on the recommendation of the
Constituent Assembly of the State of Jammu and Kashmir, declared that, as from the 17th day of
November, 1952, the said art. 370 shall be operative with the modification that for the Explanation
in cl. (1) thereof, the following Explanation is substituted, namely:-
“Explanation – For the purposes of this article, the Government of the State means the person
for the time being recognised by the President on the recommendation of the Legislative
Assembly of the State as the *Sadar-I Riyasat of Jammu and Kashmir, acting on the advice of the
Council of Ministers of the State for the time being in office.”.
(Ministry of Law Order No. C.O. 44, dated the 15th November, 1952).
*Now “Governor”.
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(b) the power of Parliament to make laws for the said State shall be
limited to—
(i) those matters in the Union List and the Concurrent List
which, in consultation with the Government of the State, are
declared by the President to correspond to matters specified in the
Instrument of Accession governing the accession of the State to the
Dominion of India as the matters with respect to which the
Dominion Legislature may make laws for that State; and
(ii) such other matters in the said Lists as, with the concurrence
of the Government of the State, the President may by order specify.
Explanation.—For the purposes of this article, the
Government of the State means the person for the time being recognised
by the President as the Maharaja of Jammu and Kashmir acting on the
advice of the Council of Ministers for the time being in office under the
Maharaja’s Proclamation dated the fifth day of March, 1948;
(c) the provisions of article 1 and of this article shall apply in relation
to that State;
(d) such of the other provisions of this Constitution shall apply in
relation to that State subject to such exceptions and modifications as the
President may by order specify:
Provided that no such order which relates to the matters specified in the
Instrument of Accession of the State referred to in paragraph (i) of sub-clause
(b) shall be issued except in consultation with the Government of the State:
Provided further that no such order which relates to matters other than
those referred to in the last preceding proviso shall be issued except with the
concurrence of that Government.
(2) If the concurrence of the Government of the State referred to in
paragraph (ii) of sub-clause (b) of clause (1) or in the second proviso to sub-
clause (d) of that clause be given before the Constituent Assembly for the
purpose of framing the Constitution of the State is convened, it shall be placed
before such Assembly for such decision as it may take thereon.
(3) Notwithstanding anything in the foregoing provisions of this article,
the President may, by public notification, declare that this article shall cease to
be operative or shall be operative only with such exceptions and modifications
and from such date as he may specify:
201 THE CONSTITUTION OF INDIA
Provided that the recommendation of the Constituent Assembly of the
State referred to in clause (2) shall be necessary before the President issues
such a notification.
371. Special provision with respect to the States of Maharashtra and
Gujarat.— * * * * *
(2) Notwithstanding anything in this Constitution, the President may by
order made with respect to the State of Maharashtra or Gujarat, provide for any
special responsibility of the Governor for—
(a) the establishment of separate development boards for Vidarbha,
Marathwada, 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.
371A. Special provision with respect to the State of Nagaland.—(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 State of Nagaland for so long as in his
opinion internal disturbances occurring in the Naga Hills-Tuensang Area
immediately before the formation of that State continue therein or in any
part thereof and in the discharge of his functions in relation thereto the
Governor shall, after consulting the Council of Ministers, exercise his
individual judgment as to the action to be taken:
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Provided that if any question arises whether any matter is or is
not a matter as respects which the Governor is under this sub-clause
required to act in the exercise of his individual judgment, the decision of
the Governor in his discretion shall be final, and the validity of
anything done by the Governor shall not be called in question on the
ground that he ought or ought not to have acted in the exercise of his
individual judgment:
Provided further that if the President on receipt of a report from
the Governor or otherwise is satisfied that it is no longer necessary for
the Governor to have special responsibility with respect to law and order
in the State of Nagaland, he may by order direct that the Governor shall
cease to have such responsibility with effect from such date as may be
specified in the order;
(c) in making his recommendation with respect to any demand for a
grant, the Governor of Nagaland shall ensure that any money provided
by the Government of India out of the Consolidated Fund of India for
any specific service or purpose is included in the demand for a grant
relating to that service or purpose and not in any other demand;
(d) as from such date as the Governor of Nagaland may by public
notification in this behalf specify, there shall be established a regional
council for the Tuensang district consisting of thirty-five members and
the Governor shall in his discretion make rules providing for—
(i) the composition of the regional council and the manner in
which the members of the regional council shall be chosen:
Provided that the Deputy Commissioner of the Tuensang
district shall be the Chairman ex officio of the regional council and
the Vice-Chairman of the regional council shall be elected by the
members thereof from amongst themselves;
(ii) the qualifications for being chosen as, and for being,
members of the regional council;
(iii) the term of office of, and the salaries and allowances, if any,
to be paid to members of, the regional council;
(iv) the procedure and conduct of business of the regional council;
