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Indian Constitution- Miscellaneous [Part 2]

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 PART XIX MISCELLANEOUS 363. Bar to interference by courts in disputes arising out of certain treaties, agreements, etc.— (1) Notwithstanding anything in this Constitution but subject to the provisions of article 143, neither the Supreme Court nor any other court shall have jurisdiction in any dispute arising out of any provision of a treaty, agreement, covenant, engagement, sanad or other similar instrument which was entered into or executed before the commencement of this Constitution by any Ruler of an Indian State and to which the Government of the Dominion of India or any of its predecessor Governments was a party and which has or has been continued in operation after such commencement, or in any dispute in respect of any right accruing under or any liability or obligation arising out of any of the provisions of this Constitution relating to any such treaty, agreement, covenant, engagement, sanad or other similar instrument. (2) In this article—      (a) “Indi...

Indian Constitution- Miscellaneous [Part 1]

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 PART XIX MISCELLANEOUS 361. Protection of President and Governors and Rajpramukhs.— (1) The President, or the Governor or Rajpramukh of a State, shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties: Provided that the conduct of the President may be brought under review by any court, tribunal or body appointed or designated by either House of Parliament for the investigation of a charge under article 61: Provided further that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the Government of India or the Government of a State. (2) No criminal proceedings whatsoever shall be instituted or continued against the President, or the Governor of a State, in any court during his term of office. (3) No process for the arrest or imprisonment of the Preside...

Indian Constitution- Emergency Provisions [Part 4]

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 PART XVIII EMERGENCY PROVISIONS 359. Suspension of the enforcement of the rights conferred by Part III during emergencies.— (1) Where a Proclamation of Emergency is in operation, the President may by order declare that the right to move any court for the enforcement of such of the rights conferred by Part III (except articles 20 and 21) as may be mentioned in the order and all proceedings pending in any court for the enforcement of the rights so mentioned shall remain suspended for the period during which the Proclamation is in force or for such shorter period as may be specified in the order. (1A) While an order made under clause (1) mentioning any of the rights conferred by Part III (except articles 20 and 21) is in operation, nothing in that Part conferring those rights shall restrict the power of the State as defined in the said Part to make any law or to take any executive action which the State would but for the provisions contained in that Part be competent to make or to ta...

Indian Constitution- Emergency Provisions [Part 3]

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PART XVIII EMERGENCY PROVISIONS  356. Provisions in case of failure of constitutional machinery in States.— (1) If the President, on receipt of a report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation—      (a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor 1 *** or any body or authority in the State other than the Legislature of the State;      (b) declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament;      (c) make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for sus...

Indian Constitution- Emergency Provisions [Part 2]

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 PART XVIII EMERGENCY PROVISIONS 353. Effect of Proclamation of Emergency.— While a Proclamation of Emergency is in operation, then—      (a) notwithstanding anything in this Constitution, the executive power of the Union shall extend to the giving of directions to any State as to the manner in which the executive power thereof is to be exercised;      (b) the power of Parliament to make laws with respect to any matter shall include power to make laws conferring powers and imposing duties, or authorising the conferring of powers and the imposition of duties, upon the Union or officers and authorities of the Union as respects that matter, notwithstanding that it is one which is not enumerated in the Union List: Provided that where a Proclamation of Emergency is in operation only in any part of the territory of India,—      (i) the executive power of the Union to give directions under clause (a), and      (ii) the power of P...

Indian Constitution- Emergency Provisions [Part1]

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 PART XVIII  EMERGENCY PROVISIONS 352. Proclamation of Emergency.— (1) If the President is satisfied that a grave emergency exists whereby the security of India or of any part of the territory thereof is threatened, whether by war or external aggression or armed rebellion, he may, by Proclamation, make a declaration to that effect in respect of the whole of India or of such part of the territory thereof as may be specified in the Proclamation. Explanation.— A Proclamation of Emergency declaring that the security of India or any part of the territory thereof is threatened by war or by external aggression or by armed rebellion may be made before the actual occurrence of war or of any such aggression or rebellion, if the President is satisfied that there is imminent danger thereof. (2) A Proclamation issued under clause (1) may be varied or revoked by a subsequent Proclamation. (3) The President shall not issue a Proclamation under clause (1) or a Proclamation varying such Procla...

Indian Constitution- Special Directives

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 PART XVII OFFICIAL LANGUAGE CHAPTER IV.- SPECIAL DIRECTIVES 350. Language to be used in representations for redress of grievances.— Every person shall be entitled to submit a representation for the redress of any grievance to any officer or authority of the Union or a State in any of the languages used in the Union or in the State, as the case may be. 350A. Facilities for instruction in mother-tongue at primary stage.— It shall be the endeavour of every State and of every local authority within the State to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups; and the President may issue such directions to any State as he considers necessary or proper for securing the provision of such facilities. 350B. Special Officer for linguistic minorities.— (1) There shall be a Special Officer for linguistic minorities to be appointed by the President. (2) It shall be the duty of the Special Off...