-
Sections
Order - 1.
CONSTITUTION (REMOVAL OF DIFFICULTIES) ORDER NO. II
PREAMBLE
In exercise of the
powers conferred by clause (1) of article 392 of the Constitution of India, the
President is pleased to make the following Order, namely:
Order - 1.
(1) This Order may be called the
Constitution (Removal of Difficulties) Order No. II.
(2) It shall come into force at once.
Order - 2.
The Constitution of India shall,
(a) Until both Houses of Parliament
have been duly constituted and summoned to meet for the first session under the
provisions of that Constitution, have effect subject to the adaptations
directed to be made therein by Part I of the Schedule to this Order;
(b) until the House or Houses of the
Legislature of a State specified in Part A or Part B of the First Schedule to
that Constitution has or have been duly constituted and summoned to meet for
the first session under the provisions of the said Constitution, have effect in
relation to that State subject to the adaptations directed to be made therein
by Part II of the Schedule to this Order.
Order - 3.
Where the Schedule to this Order requires that in
any specified provision certain words shall be substituted for other words or
that certain words shall be omitted, that substitution or omission, as the case
maybe, shall, unless otherwise expressly provided, be made wherever the words
referred to appear in that provision.
|
Article |
Adaptations |
|
3 54 55 56 58 59 61 62 63 6465 6769 70 71 75 79 [1][85 86 87 88 8992 93 94 95 96 97 98 99 100 101 102-104 105 106 107 108-109 110 111 |
PART In the proviso, omit "either House of". In this article, before "The President shall
be elected" insert "Subject to the provisions of article 380" In clause (1), after "election of the
President" insert "under article 54". In clause (3), after
"election of the President" insert "under article 54". For this article, substitute; Resignation by removal of President. "56.
(1) The President may, by writing under his hand addressed to the Speaker of
Parliament, resign his office. (2) The President may, for violation of the
Constitution, be removed from office by impeachment in the manner provided
in article 61." In sub-clause (c) of clause (1), after
"qualified for election" insert "in the case of an election
under clause (2) of article 380, as a member of Parliament and in the case of
an election under article 54,". In clause (1), omit "either House of" ,
and for "that House" substitute "Parliament or that House, as
the case may be," In clause (1), omit "either House of". In clause (2), for "the House"
substitute "Parliament". In clause (3), for "by either House
of Parliament, the other House" substitute "Parliament". In clause (4), for "the House by which the
charge was investigated or caused to be investigated" substitute
"Parliament". Omit. To this article add "to be elected in the
manner provided in article 66 after both Houses of Parliament have been duly
constituted under the provisions of this Constitution". Omit. Omit. For "Chapter" substitute
"Constitution". Omit "or Vice-President". In clause (2), omit "as the case may
be,". In clause (3), for "the House of the
People" substitute "Parliament". In clause (5), omit "either House of". Before "There shall be a Parliament for the
Union" insert "Subject to the provisions of article 379," In
clause (1), for "each House of Parliament" substitute.
"Parliament or each House of Parliament, as the case may be." In clause (2), for "the Houses or either
House" substitute "Parliament" and omit sub-clause (b).] In clause (1), omit "either House of"
and "or both Houses assembled together,". In clause (2), omit "either House of"
and for "a House to which any message is so sent" substitute
"Parliament". In clause (1), omit "both Houses of"
and "assembled together". In clause (2), for "either House" 2 *
* * * substitute "Parliament". For "either House, any joint sitting of the
Houses, and any Committee of Parliament" substitute "Parliament and
any committee thereof". Omit. For this article, substitute: The Speaker and Deputy Speaker of Parliament
"93. So often as the office of Speaker or Deputy Speaker of Parliament
becomes vacant, Parliament. shall choose a member thereof to be its Speaker
or Deputy Speaker, as the case may be". For "the House of the People"
substitute "Parliament". In clause (c), for "members of the
House" substitute "member of Parliament". Omit the second proviso. For "the House of the People"
substitute "Parliament". In clause (2), for "the House"
substitute "Parliament". For "the House of the People"
substitute "Parliament". In clause (2), for "in the
House" substitute "in Parliament". Omit "to the Chairman and the Deputy
Chairman of the Council of States, and" , and for "the House of the
People" substitute "Parliament". In clause (1), omit "Each House of" and
the proviso. In clause (2), omit "either House of". In clause (3), for "the House of the People
or the Chairman of the Council of States, as the case may be," and for
"the House of the People or the Council of States" substitute
"Parliament". Omit "either House of". In clause (1), for "either House or joint
sitting of the Houses" substitute "Parliament" , and omit
"Chairman or". In clause (2), omit "Either House of". 3 [In clause (3), omit
"either House of" and for "of the House" substitute
"thereof". In clause (4), for "a House" and
"the House" substitute "Parliament". In clause (3), after "member" insert
"of the provisional Parliament or" and for "the Chairman or
the Speaker, as the case may be" substitute "the Speaker of the provisional
Parliament". In clause (4), omit "either House of"
and for "the House" substitute "Parliament". Omit "either House of". In clause (2), omit "either House of". In clause (3), omit "each House of" and
for "committees of each House" substitute "committees
thereof". In clause (4), omit "a House of". Omit "either House of". For this article, substitute: Provision as to pending Bills. "107. A Bill
pending in Parliament shall not lapse by reason of the prorogation of
Parliament." Omit. For "the House of the People"
substitute "Parliament". In clause (4), omit "when it is transmitted
to the Council of States under article 109, and". Omit "the Houses of" for "the
Houses" substitute "Parliament" and for "they will
reconsider" substitute "Parliament will reconsider". |
|
112 113 114 115 116 117 118 119 120 123 124. 151 158 [2][249 |
In clause (1), omit "both the Houses
of". In clause (3), for sub-clause (b) substitute : "(b) the salaries and allowances of the
Speaker and the Deputy Speaker of Parliament ;". In clause (1), omit "either House of". In clause (2), For "the House of the
People" substitute "Parliament". In clause (1), for "the House of the
People" substitute "Parliament". In clause (2), omit "either House of". In clause (1), omit "both the Houses
of" , and for "the House of the People" substitute "Parliament". In clause (1), for "the House of the
People" substitute "Parliament". In clause (1), omit "and a Bill making such
provision shall not be introduced in the Council of States". In clause (3), omit "either House of" ,
and for "that House" substitute "Parliament". In clause (1), omit "Each House of". In clause (2), for "the Chairman of the
Council of States* or the Speaker of the House of the People, as the easel
may be" substitute "the Speaker of Parliament". Omit clauses
(3) and (4). Omit "each House of" and "a House
of". In clause (1), for "the Chairman of the
Council of States or Speaker of the House of the People" substitute
"the Speaker of Parliament" and omit ", as the case may
be,". In clause (1), for "both Houses of
Parliament are in session" substitute "Parliament is in
session". In clause (2), omit "both Houses of" ,
and for "resolutions" , disapproving it are passed by both Houses,
upon the passing of the second of those resolutions substitute "a
resolution disapproving, it is passed by Parliament, upon the passing of that
resolution", and omit the Explanation. In clause (4), omit "each House of",
and for "that House" substitute "Parliament". In clause (1), omit "each House of". In clause (1), omit "either House of"
and for "that House" substitute "Parliament or that House, as
the case may be". In clause (1), for "the Council of
States" substitute "Parliament".] [3][* * * * *] |
|
274 281 312 320 323 329A (new) 338 340 348 352 354 356 357 359 361 368 Second Schedule Third Schedule |
In clause (1), omit "either House of". Omit "each House of". In clause- (1), omit "if the Council of
States has declared by resolution supported by not less than two-thirds of
the members present and voting that it is necessary or expedient in the
national interest so to do,". In clause (5), for "each House of
Parliament" and "both Houses of Parliament" substitute
"Parliament". In clause (1), omit "each House of". In Part XV, after article 329, insert : Certain provisions of this part not to apply to
provisional parliament and provisional legislatures. "329A. The provisions of article 325 shall
not apply in relation to the Legislatures of States functioning under article
382 or article 385 and the provisions of article 326 and clause (b) of
article 329 shall not apply in relation to the provisional Parliament
functioning under article 379 and such Legislatures of States." In clause (2), omit "each House of". In clause (3), omit "each House of". In sub-clause (b) of clause (1), for "either
House of Parliament" substitute "Parliament". In clause (2), omit "each House of" ,
for "resolutions of both Houses" substitute "a
resolution" and omit the proviso. In clause (2), omit "each House of". In clause (3), omit "each House of" ,
for "resolutions of both Houses" substitute "a resolution"
and omit the proviso. In clause (4), for "second of the
resolutions" substitute "resolution" , in the first proviso
omit "both Houses of" , and omit the second proviso. In clause (1), for "the House of the
People" substitute "Parliament". In clause (3), omit "each House of". In clause (1), omit "either House of". Omit "either House of" and "in
each House" ; and for "that House" substitute
"Parliament". In paragraph 7, for "the House of the
People" substitute "Parliament" omit "and the Chairman of
the Council of States" and "and to the Deputy Chairman of the
Council of States" and for "salaries" substitute
"salary". In Form III, for "the Council of States (or
the House of the People)" substitute "Parliaments the Council of
States" and "and to the Deputy Chairman of the |
Seventh In List I
Schedule For entry 73,substitute :
"73. Salaries and allowances
of the Speaker, the Deputy Speaker and members of Parliament."
In entry 74, for "each House of
Parliament" and "each House" substitute "Parliament".
PART II
168.In clause (1), for "For every State there
shall" substitute" Subject to the provisions of article 382, there
shall for every State".
172A.(new) After article 172,insert :
Certain provisions not to apply to provisions not
to apply to provisional Legis Latures of States.
"172A.The provisions of articles 169 to 172
(both inclusive) [4][clause(a)
of article 173 and sub-clause (d) of clause (1) of article 191 shall not apply
in relation] to the House or Houses of the Legislature of any State functioning
under article 382."
[5][174. In clause (2), omit
sub-clause (b).]
178. For this article, substitute :
The Speaker and Deputy Speaker of the Legislative
Assembly.
"178. So often as the office of Speaker or
Deputy Speaker of the Legislative Assembly of a State becomes vacant, the
Assembly shall choose a member thereof to be its Speaker or Deputy Speaker, as
the case may be."
179. Omit the second proviso.
182. For this article, substitute :
The Chairman and Deputy Chairman of the Legislative
Council
"182. So often as the office of Chairman or
Deputy Chairman of the Legislative Council of a State becomes vacant, the
Council shall choose a member thereof to be its Chairman or Deputy Chairman, as
the case may be."
[6][190 To clause (3), add :
In the application of this clause to a person who
is chosen a member of a House of the Legislature of a State at the first
elections held under this Constitution, the expression "the Speaker or
the Chairman, as the case may be" means the Speaker of the Legislative
Assembly or the Chairman of the Legislative Council, as the case may be, of
that State functioning under the provisions of Part XXI.'.]
238. For clause (6) substitute :
"(6) In article 164
(i) for the proviso to clause (1),
the following proviso shall be substituted, namely :
Provided that in the State of Madhya Bharat there
shall be a Minister in charge of tribal welfare who may in addition be in
charge of the welfare of the Scheduled Castes and backward classes or any other
work.' ;
(ii) the following clause shall be
added at the end, namely :
“(6)The provisions of clauses (2)
and (4) shall not apply in relation to a State having no House of the
Legislature.".
In clause (7), for "For every State there
shall" substitute "Subject to the provisions of article 385, there
shall for every State".
After clause (7), insert :
"(7a)In article 172A, for
the word and figure ' article 382' the word and figure' article 385' shall be
substituted."
[7][After clause (8), insert :
(8a)In sub-clause (b) of clause
(3) of article 190, after the words "as the case may be" , the words
"or, if there is no such officer, to the Rajpramukh," shall be
inserted.]
After clause (11), insert :
"(11A)After article 212, the
following shall be inserted, namely :
Special provisions for certain States.
Certain provisions not to apply to States having no
House of the Legislature.
212A.(1) The provisions of articles [8][175] to
189 (both inclusive), 193to 199 (both inclusive), the first proviso to article
200, the proviso to article '201, clauses (1) and (2) and sub-clause (b) of
clause (3) 01 article202 '[articles 203 to 207 (both inclusive) and articles
209 to 212 (both inclusive)] shall not apply to any State which has no House of
the Legislature but clauses (2) and (3) shall apply in relation to such States
in place of the said provisions.
(2)The Rajpramukh or other authority exercising the
legislative powers in any such State as aforesaid under article 385 shall
prepare such Bills as may be deemed necessary, and the Rajpramukh shall declare
as respects any Bill so prepared either that he assents to the Bill or that he
withholds assent there from or that he reserves it for the consideration of the
President.
(3)Any expenditure from the Consolidated Fund of
any such State incurred after the31st day of March, 1950. whether expenditure
charged by this Constitution on such Fund or not, shall be deemed to have been
duly authorized if it is included in an Appropriation Act made under clause (2)
providing for the appropriation out of the Consolidated Fund of the State of
all moneys required to meet such expenditure.
(4)Any reference in this Constitution to Acts or
laws of, or made by, the Legislature of a. State shall be construed as
including a reference to Acts made under this article.'
(11B)To article 213, the following clause shall be
added, namely :
(4)The provisions of this article shall not apply
in relation to a State haying no House of the Legislature.'
238A.(new) In Part VII, after article 238, insert :
Certain provisions not to apply to States having on
House of the Legislature.
"238A.Any provisions of this Constitution
which relate to the laying of any regulation, report or other paper before,
the Legislature of a State specified in Part B of the First Schedule shall not
apply in relation to any such, State having no House of the Legislature."
267.In clause (2), add at the end
"or by law made under article 212A".
333A(new) After article 333, insert :
Certain provisions not to apply to States having on
House of the Legislature.
"333A.The provisions of articles 332 and 333
shall not apply in relation to the Legislatures of States. functioning under
article 382 or article 385."