India is seventh in terms of area size and second in terms of population. The population of this country is approx 137,55,00,000 with 32,87,263 square kilometers area. India shares land borders with Pakistan, China, Nepal, Bhutan, Bangladesh and Myanmar, and sea borders with Sri Lanka and Maldives. In fact, more than 447 languages are spoken. At the national level, the national languages are Hindi and English. There are more recognized languages at the provincial level. About 79% Hindu, 14% Muslim, 2.3% Christian and 1.7% Sikh; India is constitutionally secular.

Indian constitution is one of the most ridiculous constitutions in the world. However, there are some articles that are commendable. Let's discuss the positives first.

Blacks were enslaved earlier in the United States of America. Then it ended with the Civil War led by Abraham Lincoln. Later on, blacks were kept separate from the mainstream of society. The situation in India was even worse. In India, everyone's skin color is naturally brown. But according to Hinduism, the followers of that religion are divided into four castes or classes. Brahmins, Kshatriyas, Vaishyas, Shudras. Among these four castes or classes, Brahmin is the "highest" caste or class, and Shudras is the "lowest" caste or class. To counter this discrimination, the Constitution of India declared, "Untouchability" is abolished and its practice in any form is forbidden. However, the situation did not improve in reality. Not visible in urban areas, but in rural areas, lower class people are forbidden to sit on chairs, to drink water, or to wear shoes in front of higher class people. Different restaurants have separate eating arrangements for higher and lower castes.

There are some other positive aspects along with the mentioned point. Now let's discuss the negative aspects.

Indian constitution is one of the largest constitutions in the world. The constitutions of Bolivia and Colombia are as big as those of India. Bolivia's constitution has 409 articles, India's 395, and Colombia's 380. However, the adding additional articles using A, B, C, D in the middle of other articles by amending the constitution is old practice. But the difference here is that, the constitutions of Bolivia and Colombia are big for adding essential provisions to guarantee the rights of citizens. And in the constitution of India it has gained a large shape for repeating the same topics again and again. The rules are almost the same in every states of India. A little bit change. But this mess happened only because the same provisions were slightly modified for each province to be incorporated into the Constitution separately.

Freedom of speech is recognized, but reasonable restrictions may be imposed. There is no explanation of what this "reasonable" means. That is, the ruling party is able to give any explanation from time to time. A person can be detained for a maximum of three months without any reason. All of the Indian military personnel have one uniform, and the Sikhs have another; The constitutional validity of which is mentioned in Article 25. Part IV of the Constitution are not any laws, but only "directives". So what is the point of mentioning these in the constitution?

The Constitution of India came into force in 1950, and till 2023 the Constitution has been amended 105 times. That is 105 times in 73 years. Whenever a political party comes to power, They modify it with a single snap. Constitution should generally be such that it cannot be easily changed. But in India the opposite is the reality. 


Constitution of India

 

Admirable Articles of India's Constitution

15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Part of it)

1. The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.

2. No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to-

a. access to shops, public restaurants, hotels and places of public entertainment; or

b. the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of general public.

 

16. Equality of opportunity in matters of public employment

1. There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

2. No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.

3. Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory prior to such employment or appointment.

5. Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination.

 

17. Abolition of Untouchability

"Untouchability" is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of "Untouchability" shall be an offence punishable in accordance with law.

 

25. Freedom of conscience and free profession, practice and propagation of religion (Part of it)

1. Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.

2. Nothing in this article shall affect the operation of any existing law or prevent the State from making any law

a. regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;

 

27. Freedom as to payment of taxes for promotion of any particular religion

No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.

 

28. Freedom as to attendance at religious instruction or religious worship in certain educational institutions (Part of it)

3. No person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto.

 

41. Right to work, to education and to public assistance in certain cases

The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.

 

43. Living wage, etc., for workers

The State shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas.

 

43A. Participation of workers in management of industries

The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisation engaged in any industry.

 

49. Protection of monuments and places and objects of national importance

It shall be the obligation of the State to protect every monument or place or object of artistic or historic interest, declared by or under law made by Parliament to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.

 

228. Transfer of certain cases to High Court

If the High Court is satisfied that a case pending in a court subordinate to it involves a substantial question of law as to the interpretation of this Constitution the determination of which is necessary for the disposal of the case, it shall withdraw the case and may-

a. either dispose of the case itself, or

b. determine the said question of law and return the case to the court from which the case has been so withdrawn together with a copy of its judgment on such question, and the said court shall on receipt thereof proceed to dispose of the case in conformity with such judgment.

 

267. Contingency Fund (Part of it)

1. Parliament may by law establish a Contingency Fund in the nature of an imprest to be entitled "the Contingency Fund of India" into which shall be paid from time to time such sums as may be determined by such law, and the said Fund shall be placed at the disposal of the President to enable advances to be made by him out of such Fund for the purposes of meeting unforeseen expenditure pending authorisation of such expenditure by Parliament by law under article 115 or article 116.

 

 

 

Facts of India's Constitution

15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Part of it)

3. Nothing in this article shall prevent the State from making any special provision for women and children.

4. Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

5. Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30.

 

16. Equality of opportunity in matters of public employment (Part of it)

4A. Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion, with consequential seniority, to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which in the opinion of the States, are not adequately represented in the services under the State.

 

19. Protection of certain rights regarding freedom of speech, etc (Part of it)

1. All citizens shall have the right-

a. to freedom of speech and expression;

b. to assemble peaceably and without arms;

c. to form associations or unions or co-operative societies;

d. to move freely throughout the territory of India;

e. to reside and settle in any part of the territory of India;

f. [omitted by s. 2, ibid., (w.e.f. 20-6-1979).]

g. to practise any profession, or to carry on any occupation, trade or business.

2. Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with Foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.

3. Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interest of the sovereignty and integrity of India or public order, reasonable restrictions on the exercise of the right conferred by the said sub-clause.

4. Nothing in sub-clause (c) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India or public order or morality, reasonable restrictions on the exercise of the right conferred by the said sub-clause.

5. Nothing in sub-clause (d) and (e) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the interests of the general public or for the protection of the interests of any Scheduled Tribe.

6. Nothing in sub-clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub-clause; and, in particular, nothing in the said sub-clause shall affect the operation of any existing law in so far as it relates to, or prevent the State from making any law relating to,-

 

22. Protection against arrest and detention in certain cases

1. No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.

2. Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.

3. Nothing in clauses (1) and (2) shall apply-

a. to any person who for the time being is an enemy alien; or

b. to any person who is arrested or detained under any law providing for preventive detention.

4. No law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless-

a. an Advisory Board consisting of persons who are, or have been, or are qualified to be appointed as, Judges of a High Court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention:

Provided that nothing in this sub-clause shall authorise the detention of any person beyond the maximum period prescribed by any law made by Parliament under sub-clause (b) of clause (7); or

b. such person is detained in accordance with the provisions of any law made by Parliament under sub-clauses (a) and (b) of clause (7).

5. When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order.

6. Nothing in clause (5) shall require the authority making any such order as is referred to in that clause to disclose facts which such authority considers to be against the public interest to disclose.

7. Parliament may by law prescribe-

a. the circumstances under which, and the class or classes of cases in which, a person may be detained for a period longer than three months under any law providing for preventive detention without obtaining the opinion of an Advisory Board in accordance with the provisions of sub-clause (a) of clause (4);

b. the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention; and

c. the procedure to be followed by an Advisory Board in an inquiry under sub-clause (a) of clause (4).

 

25. Freedom of conscience and free profession, practice and propagation of religion

1. Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.

2. Nothing in this article shall affect the operation of any existing law or prevent the State from making any law

a. regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;

b. providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.

Explanation I

The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.

Explanation II

In sub-clause (b) of clause (2), the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.

 

PART IV. DIRECTIVE PRINCIPLES OF STATE POLICY

36. Definition

In this Part, unless the context otherwise requires, "the State" has the same meaning as in Part III.

 

37. Application of the principles contained in this Part

The provisions contained in this Part shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.

 

46. Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections

The State shall promote with special care the educational and economic interests of the weaker sections of the people, and in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.

 

48. Organisation of agriculture and animal husbandry

The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle.

 

80. Composition of the Council of States

1. The Council of States shall consist of-

a. twelve members to be nominated by the President in accordance with the provisions of clause (3); and

b. not more than two hundred and thirty-eight representatives of the States and of the Union territories.

3. The members to be nominated by the President under sub-clause (a) of clause (1) shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely:-

Literature, science, art and social service.

 

168. Constitution of Legislatures in States

1. For every State there shall be a Legislature which shall consist of the Governor, and-

a. in the States of, Bihar, Maharashtra, Karnataka, and Uttar Pradesh, two Houses;

b. in other States, one House.

2. Where there are two Houses of the Legislature of a State, one shall be known as the Legislative Council and the other as the Legislative Assembly, and where there is only one House, it shall be known as the Legislative Assembly.

 

171. Composition of the Legislative Councils

1. The total number of members in the Legislative Council of a State having such a Council shall not exceed one-third of the total number of members in the Legislative Assembly of that State:

Provided that the total number of members in the Legislative Council of a State shall in no case be less than forty.

2. Until Parliament by law otherwise provides, the composition of the Legislative Council of a State shall be as provided in clause (3).

3. Of the total number of members of the Legislative Council of a State-

a. as nearly as may be, one-third shall be elected by electorates consisting of members of municipalities, district boards and such other local authorities in the State as Parliament may by law specify;

b. as nearly as may be, one-twelfth shall be elected by electorates consisting of persons residing in the State who have been for at least three years graduates of any university in the territory of India or have been for at least three years in possession of qualifications prescribed by or under any law made by Parliament as equivalent to that of a graduate of any such university;

c. as nearly as may be, one-twelfth shall be elected by electorates consisting of persons who have been for at least three years engaged in teaching in such educational institutions within the State, not lower in standard than that of a secondary school, as may be prescribed by or under any law made by Parliament;

d. as nearly as may be, one-third shall be elected by the members of the Legislative Assembly of the State from amongst persons who are not members of the Assembly;

e. the remainder shall be nominated by the Governor in accordance with the provisions of clause (5).

4. The members to be elected under sub-clauses (a), (b) and (c) of clause (3) shall be chosen in such territorial constituencies as may be prescribed by or under any law made by Parliament, and the elections under the said sub-clauses and under sub-clause (d) of the said clause shall be held in accordance with the system of proportional representation by means of the single transferable vote.

5. The members to be nominated by the Governor under sub-clause (c) of clause (3) shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely:-

Literature, science, art, co-operative movement and social service.

 

243D. Reservation of seats

1. Seats shall be reserved for-

a. the Scheduled Castes; and

b. the Scheduled Tribes,

in every Panchayat and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Panchayat as the population of the Scheduled Castes in that Panchayat area or of the Scheduled Tribes in that Panchayat area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Panchayat.

2. Not less than one-third of the total number of seats reserved under clause (1) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.

3. Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Panchayat shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Panchayat.

 

243T. Reservation of seats

1. Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every Municipality and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filed by direct election in that Municipality as the population of the Scheduled Castes in the Municipal area or of the Scheduled Tribes in the Municipal area bears to the total population in that area and such seats may be allotted by rotation to different constituencies in a municipality.

2. Not less than one-third of the total number of seats reserved under clause (1) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.

 

244. Administration of Scheduled Areas and Tribal Areas

1. The provisions of the Fifth Schedule shall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in any State other than the States of Assam , Meghalaya, Tripura and Mizoram.

2. The provisions of the Sixth Schedule shall apply to the administration of the tribal areas in the States of Assam , Meghalaya, Tripura and Mizoram.

 

244A. Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor

1. Notwithstanding anything in this Constitution, Parliament may, by law, form within the State of Assam an autonomous State comprising (whether wholly or in part) all or any of the tribal areas specified in Part I of the table appended to paragraph 20 of the Sixth Schedule and create therefor-

a. a body, whether elected or partly nominated and partly elected, to function as a Legislature for the autonomous State, or

b. a Council of Ministers,

or both with such constitution, powers and functions, in each case, as may be specified in the law.

 

290A. Annual payment to certain Devaswom Funds

A sum of forty-six lakhs and fifty thousand rupees shall be charged on, and paid out of the Consolidated Fund of the State of Kerala every year to the Travancore Devaswom Fund; and a sum of thirteen lakhs and fifty thousand rupees shall be charged on, and paid out of the Consolidated Fund of the State of Tamil Nadu, every year to the Devaswom Fund established in that State for the maintenance of Hindu temples and shrines in the territories transferred to that State on the 1st day of November, 1956, from the State of Travancore-Cochin.

 

315. Public Service Commissions for the Union and for the States

1. Subject to the provisions of this article, there shall be a Public Service Commission for the Union and a Public Service Commission for each State.

2. Two or more States may agree that there shall be one Public Service Commission for that group of States, and if a resolution to that effect is passed by the House or, where there are two Houses, by each House of the Legislature of each of those States, Parliament may by law provide for the appointment of a Joint State Public Service Commission (referred to in this Chapter as Joint Commission) to serve the needs of those States.

 

330. Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People

1. Seats shall be reserved in the House of the People for-

a. the Scheduled Castes;

b. the Scheduled Tribes except the Scheduled Tribes in the autonomous districts of Assam; and

c. the Scheduled Tribes in the autonomous districts of Assam.

 

331. Representation of the Anglo-Indian community in the House of the People

Notwithstanding anything in article 81, the President may, if he is of opinion that the Anglo-Indian community is not adequately represented in the House of the People, nominate not more than two members of that community to the House of the People.

 

332. Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States

1. Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes, except the Scheduled Tribes in the autonomous districts of Assam, in the Legislative Assembly of every State.

2. Seats shall be reserved also for the autonomous districts in the Legislative Assembly of the State of Assam.

3. The number of seats reserved for the Scheduled Castes or the Scheduled Tribes in the Legislative Assembly of any State under clause (1) shall bear, as nearly as may be, the same proportion to the total number of seats in the Assembly as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State or part of the State, as the case may be, in respect of which seats are so reserved, bears to the total population of the State.

3A. Notwithstanding anything contained in clause (3), until the taking effect, under article 170, of the re-adjustment, on the basis of the first census after the year 2026, of the number of seats in the Legislative Assemblies of the States of Arunachal Pradesh, Meghalaya, Mizoram and Nagaland, the seats which shall be reserved for the Scheduled Tribes in the Legislative Assembly of any such State shall be,-

a. if all the seats in the Legislative Assembly of such State in existence on the date of coming into force of the Constitution (Fifty-seventh Amendment) Act, 1987 (hereafter in this clause referred to as the existing Assembly) are held by member of the Scheduled Tribes, all the seats except one;

b. in any other case, such number of seats as bears to the total number of seats, a proportion not less than the number (as on the said date) of members belonging to the Scheduled Tribes in the existing Assembly bears to the total number of seats in the existing Assembly.

3B. Notwithstanding anything contained in clause (3), until the re-adjustment, under article 170, takes effect on the basis of the first census after the year 320.1 , of the number of seats in the Legislative Assembly of the State of Tripura, the seats which shall be reserved for the Scheduled Tribes in the Legislative Assembly shall be, such number of seats as bears to the total number of seats, a proportion not less than the number, as on the date of coming into force of the Constitution (Seventy-second Amendment) Act, 1992, of members belonging to the Scheduled Tribes in the Legislative Assembly in existence on the said date bears to the total number of seats in that Assembly.

4. The number of seats reserved for an autonomous district in the Legislative Assembly of the State of Assam shall bear to the total number of seats in that Assembly a proportion not less than the population of the district bears to the total population of the State.

5. The constituencies for the seats reserved for any autonomous district of Assam shall not comprise any area outside that district.

6. No person who is not a member of a Scheduled Tribe of any autonomous district of the State of Assam shall be eligible for election to the Legislative Assembly of the State from any constituency of that district.

Provided that for elections to the Legislative Assembly of the State of Assam, the representation of the Scheduled Tribes and non-Scheduled Tribes in the constituencies included in the Bodoland Territorial Areas District, so notified, and existing prior to the constitution of the Bodoland Territorial Areas District, shall be maintained.

 

333. Representation of the Anglo-Indian community in the Legislative Assemblies of the States

Notwithstanding anything in article 170, the Governor of a State may, if he is of opinion that the Anglo-Indian community needs representation in the Legislative Assembly of the State and is not adequately represented therein, nominate one member of that community to the Assembly.

 

334. Reservation of seats and special representation to cease after seventy years

Notwithstanding anything in the foregoing provisions of this Part, the provisions of this Constitution relating to-

a. the reservation of seats for the Scheduled Castes and the Scheduled Tribes in the House of the People and in the Legislative Assemblies of the States; and

b. the representation of the Anglo-Indian community in the House of the People and in the Legislative Assemblies of the States by nomination,

shall cease to have effect on the expiration of a period of seventy years from the commencement of this Constitution:

Provided that nothing in this article shall affect any representation in the House of the People or in the Legislative Assembly of a State until the dissolution of the then existing House or Assembly, as the case may be.

 

335. Claims of Scheduled Castes and Scheduled Tribes to services and posts

The claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State.

Provided that nothing in this article shall prevent in making of any provision in favour of the members of the Scheduled Castes and the Scheduled Tribes for relaxation in qualifying marks in any examination or lowering the standards of evaluation, for reservation in matters of promotion to any class or classes of services or posts in connection with the affairs of the Union or of a State.

 

336. Special provision for Anglo-Indian community in certain services

1. During the first two years after the commencement of this Constitution, appointments of members of the Anglo-Indian community to posts in the railway, customs, postal and telegraph services of the Union shall be made on the same basis as immediately before the fifteenth day of August, 1947.

During every succeeding period of two years, the number of posts reserved for the members of the said community in the said services shall, as nearly as possible, be less by ten per cent, than the numbers so reserved during the immediately preceding period of two years:

Provided that at the end of ten years from the commencement of this Constitution all such reservations shall cease.

2. Nothing in clause (1) shall bar the appointment of members of the Anglo-Indian community to posts other than, or in addition to, those reserved for the community under that clause if such members are found qualified for appointment on merit as compared with the members of other communities.

 

337. Special provision with respect to educational grants for the benefit of Anglo-Indian community

During the first three financial years after the commencement of this Constitution, the same grants, if any, shall be made by the Union and by each State for the benefit of the Anglo-Indian community in respect of education as were made in the financial year ending on the thirty-first day of March, 1948.

During every succeeding period of three years the grants may be less by ten per cent, than those for the immediately preceding period of three years:

Provided that at the end of ten years from the commencement of this Constitution such grants, to the extent to which they are a special concession to the Anglo-Indian community, shall cease:

Provided further that no educational institution shall be entitled to receive any grant under this article unless at least forty per cent, of the annual admissions therein are made available to members of communities other than the Anglo-Indian community.

 

341. Scheduled Castes

1. The President may with respect to any State or Union territory, and where it is a State, after consultation with the Governor thereof, by public notification, specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State or Union territory, as the case may be.

2. Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.

 

342. Scheduled Tribes

1. The President may with respect to any State or Union territory, and where it is a State, after consultation with the Governor thereof, by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes in relation to that State or Union territory, as the case may be.

2. Parliament may by law include in or exclude from the list of Scheduled Tribes specified in a notification issued under clause (1) any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.

 

371E. Establishment of Central University in Andhra Pradesh

Parliament may by law provide for the establishment of a University in the State of Andhra Pradesh.

 

PART A. PROVISIONS AS TO THE PRESIDENT AND THE GOVERNORS OF STATES

1. There shall be paid to the President and to the Governors of the States the following emoluments per mensem, that is to say:-

• The President - 10,000 rupees.

• The Governor of a State - 5,500 rupees.

 

PART D. PROVISIONS AS TO THE JUDGES OF THE SUPREME COURT AND OF THE HIGH COURTS

9. 1. There shall be paid to the Judges of the Supreme Court, in respect of time spent on actual service, salary at the following rates per mensem, that is to say:-

• The Chief Justice - 10,000 rupees.

• Any Other Judge - 9,000 rupees.

10. 1. There shall be paid to the Judges of High Courts, in respect of time spent on actual service, salary at the following rates per mensem, that is to say,-

• The Chief Justice - 9,000 rupees.

• Any other Judge - 8,000 rupees.

 

5. Law applicable to Scheduled Areas

1. Notwithstanding anything in this Constitution the Governor may by public notification direct that any particular Act of Parliament or of the Legislature of the State shall not apply to a Scheduled Area or any part thereof in the State or shall apply to a Scheduled Area or any part thereof in the State subject to such exceptions and modifications as he may specify in the notification and any direction given under this sub-paragraph may be given so as to have retrospective effect.

2. The Governor may make regulations for the peace and good government of any area in a State which is for the time being a Scheduled Area.

In particular and without prejudice to the generality of the foregoing power, such regulations may-

a. prohibit or restrict the transfer of land by or among members of the Scheduled Tribes in such area;

b. regulate the allotment of land to members of the Scheduled Tribes in such area;

c. regulate the carrying on of business as money-lender by persons who lend money to members of the Scheduled Tribes in such area.