THE CONSTITUTION (AMENDMENT)

THE CONSTITUTION=20 (FORTY-FOURTH AMENDMENT)

Statement of = Objects and=20 Reasons appended to the =20 Constitution
(Forty-fifth Amendment) Bill, 1978 = (Bill=20 No. 88 of 1978) which was
= enacted as THE=20 CONSTITUTION (Forty-fourth Amendment) Act, 1978

          &nbs= p;       =20 STATEMENT OF OBJECTS AND REASONS

Recents = experience =20 has shown that the fundamental rights, including
those of = life=20 and liberty, granted to citizens by the Constitution = are
capable =20 of being taken away by a = transient=20 majority.   It is,
therefore, =20 necessary to provide adequate safeguards = =20 against the
recurrence of such a contingency = in the=20 future and to ensure to the
people themselves = an effective voice in determining the = form =20 of
government under which they are to live. This is = one of=20 the primary
objects of this Bill.

2.   It = is, therefore,=20 proposed to provide that certain changes in = the
Constitution =20 which would have the effect of impairing its secular =20 or
democratic character, abridging or taking=20 away fundamental rights
prejudicing or = impeding free=20 and fair elections on the basis of adult
suffrage and=20 compromising the independence of judiciary, can be =20 made
only if they are approved by the people = of India=20 by a majority of
votes at a referendum = in=20 which at least fifty-one per cent. of = the
electorate=20 participate. Article 368 is being amended to ensure = this.

3.   In = view of the=20 special position sought to be given to = fundamental
rights, =20 the right to property, which has been the occasion for = more
than one amendment of the =20 Constitution,   would cease to = be =20 a
fundamental right and become only a legal right. = Necessary=20 amendments
for this purpose are being made to article 19 = and=20 article 31 is being
deleted.   It would, however, be = ensured=20 that the removal of property
from the = list of=20 fundamental rights would not affect the right =20 of
minorities to establish and administer = educational =20 institutions of
their choice.

4.   = Similarly, =20 the right of persons holding = land =20 for personal
cultivation and within the = ceiling limit=20 to receive compensation at
the market value would not be=20 affected.

5. Property, = while ceasing=20 to be a fundamental right, would, however,
be given = express=20 recognition as a legal right, provision being = made
that =20 no person shall be deprived of his property save in =20 accordance
with law.

6.   = A =20 Proclamation of Emergency under article 352 has virtually =20 the
effect of amending the Constitution by converting it = for the=20 duration
into that of a Unitary State and enabling the rights = of the=20 citizen to
move the courts for the enforcement of = fundamental=20 rights---including
the right to life and liberty---to be=20 suspended. Adequate safeguards
are, = therefore, =20 necessary to ensure that this power is = =20 properly
exercised and is not = abused. It=20 is, therefore, proposed that = a
Proclamation =20 of Emergency can be issued only when the = security =20 of
India or any part of its territory is threatened = by war=20 or external
aggression or by armed rebellion. = Internal disturbance not amounting
to armed = rebellion =20 would not be a ground for the = issue of a
Proclamation.

7.   = Further, in=20 order to ensure that a Proclamation is issued = only
after=20 due consideration, it is sought to be provided that an=20 Emergency
can be proclaimed only on the basis of written = advice=20 tendered to the
President by the Cabinet. In addition, as = a=20 Proclamation of Emergency
virtually has the effect = of=20 amending the Constitution, it is = being
provided =20 that the Proclamation would have to be approved by the = two
Houses of Parliament by the same majority which is = necessary=20 to amend
the Constitution and such approval would = have to=20 be given within a
period of one month. Any = such=20 Proclamation would be in force only for
a period = of =20 six months and can be = continued =20 only by further
resolutions passed by the = same=20 majority. The Proclamation would also
cease to be = in=20 operation if a resolution disapproving the continuance
of the=20 Proclamation is passed by Lok Sabha. Ten per cent. or = more=20 of
the Members of Lok Sabha can=20 requisition a special meeting = for
considering=20 a resolution for disapproving the Proclamation.

8.   As a = further check=20 against the misuse of the Emergency provisions
and to put the = right to=20 life and liberty on a secure footing, it would
be = provided that=20 the power to suspend the right to move the court for
the =20 enforcement of a fundamental right cannot be exercised in = respect
of=20 the fundamental right to life and liberty. The right to = liberty=20 is
further strengthened by the = provision that=20 a law for preventive
detention cannot = authorise, in=20 any case, detention for a longer period
than two months, = unless=20 an Advisory Board has reported that there is
sufficient = cause for=20 such detention. An additional safeguard would = be
provided =20 by the requirement that the Chairman of an = Advisory =20 Board
shall be a serving Judge of the appropriate = High=20 Court and that the
Board shall be constituted in = accordance=20 with the recommendations of
the Chief Justice of that = High=20 Court.

9.   = A special=20 provision is being made guaranteeing the right of = the
media =20 to report freely and without censorship the = =20 proceedings in
Parliament and the State = Legislatures. =20 The provision with regard to
the breakdown of the=20 constitutional machinery in the States is = being
amended so=20 as to provide that a Proclamation issued under article = 356
would =20 be in force only for a period of six = months =20 in the first
instance and that it cannot exceed = one year=20 ordinarily. However, if a
Proclamation of Emergency = is in=20 operation and the Election Commission
certifies that the=20 extension of the President's rule beyond a = period
of =20 one year is necessary on account of =20 difficulties in holding
elections to = the =20 Legislative Assembly of the State concerned, =20 the
period of operation of the Proclamation can be=20 extended beyond one
year.   This is = subject=20 to the existing limit of three years.    = These
changes would=20 ensure that democratic rule is restored to a State after
the = minimum=20 period which will be necessary for holding elections.

10.   = With a view to=20 avoiding delays, it is proposed to amend articles
132, = 133 and=20 134 and insert a new article 134A to provide that a = High
Court =20 should consider the question of granting a = certificate for
appeal to Supreme = Court =20 immediately after the delivery of =20 the
judgment, decree, final order or sentence concerned on the = basis of=20 an
oral application by a party or, if the High Court = deems fit so=20 to do,
on its own motion. Cases of special leave to = appeal=20 by Supreme Court
will be left to be regulated exclusively by = article=20 136.

11. The other = amendments=20 proposed in the Bill are mainly for removing
or = correcting =20 the distortions which came into the Constitution = =20 by
reason of amendments enacted during=20 the period of the =20 Internal
Emergency.

12.   = The =20 Bill seeks to achieve the above objects.   = The =20 notes on
clauses explain in detail the various provisions = of the=20 Bill.

NEW DELHI;=20 =             &= nbsp;           &n= bsp;           &nb= sp;     =20 SHANTI BHUSHAN.

The 9th May,=20 1978.

          &nbs= p;   =20 THE CONSTITUTION (FORTY-FOURTH=20 = AMENDMENT)
          = ;            =        =20 ACT,=20 = 1978
           = ;            =      =20 -----------

          &nbs= p;           =20 ARRANGEMENT OF=20 = SECTIONS
          &= nbsp;           &n= bsp;    =20 -------------

SECTIONS

1. Short title and=20 commencement.
2. Amendment of article 19.
3. Amendment of = article=20 22.
4. Amendment of article 30.
5. Omission of sub-heading = after=20 article 30.
6. Omission of article 31.
7. Amendment of = article=20 31A.
8. Amendment of article 31C.
9. Amendment of article = 38.
10.=20 Substitution of new article for article 71.
11. Amendment of = article=20 74.
12. Amendment of article 77.
13. Amendment of article = 83.
14.=20 Substitution of new article for article 103.
15. Amendment of = article=20 105.
16. Amendment of article 123.
17. Amendment of article=20 132.
18. Amendment of article 133.
19. Amendment of article=20 134.
20. Insertion of new article 134A.
21. Amendment of = article=20 139A.
22. Amendment of article 150.
23. Amendment of article = 166.
24. Amendment of article 172.
25. Substitution of new = article=20 for article 192.
26. Amendment of article 194.
27. Amendment = of=20 article 213.
28. Amendment of article 217.
29. Amendment of = article=20 225.
30. Amendment of article 226.
31. Amendment of article=20 227.
32. Amendment of article 239B.
33. Omission of article=20 257A.
34. Insertion of new Chapter IV in Part XII.
35. = Amendment of=20 article 329.
36. Omission of article 329A.
37. Amendment of = article=20 352.
38. Amendment of article 356.
39. Amendment of article=20 358.
40. Amendment of article 359.
41. Amendment of article=20 360.
42. Insertion of new article 361A.
43. Amendment of = article=20 371F.
44. Amendment of the Ninth Schedule.
45. Amendment of = THE=20 CONSTITUTION (Forty-second Amendment) Act, 1976.

THE CONSTITUTION=20 (FORTY-FOURTH AMENDMENT) ACT, 1978

          &nbs= p;            = ;            =     =20 [30th April, 1979.]

          An = Act=20 further to amend the Constitution of India.

BE it enacted = by Parliament=20 in the Twenty-ninth Year of the Republic
of India as=20 follows:-

1.   = Short =20 title and commencement.- (1) This Act may be = called =20 the
Constitution (Forty-fourth Amendment) Act, 1978.

(2) It = shall come=20 into force on such date as the Central = Government
may, =20 by notification in the Official Gazette, appoint and =20 different
dates may be appointed for different provisions of = this=20 Act.

2. Amendment = of article=20 19.- In article 19 of the Constitution,-

(a) in clause = (1),-

(i) in sub-clause = (e), the word=20 "and" shall be inserted at the end;

(ii) sub-clause (f) = shall be=20 omitted;

(b) in = clause (5),=20 for the words, brackets and letters = "sub-clauses
(d), =20 (e) and (f)", the words, brackets and letters "sub-clauses = =20 (d)
and (e)" shall be substituted.

3. Amendment = of article=20 22.- In article 22 of the Constitution,-

(a) for = clause =20 (4), the following clause shall be =20 substituted,
namely:-

`(4) No law = providing for=20 preventive detention shall authorise the
detention = of =20 a person for a longer period than two months unless =20 an
Advisory Board constituted in accordance with the=20 recommendations of
the Chief Justice of the=20 appropriate High Court has reported before
the = expiration=20 of the said period of two months that there is in = its
opinion=20 sufficient cause for such detention:

Provided = that an=20 Advisory Board shall consist of a Chairman and not
less = than two=20 other members, and the Chairman shall be a serving = Judge
of the=20 appropriate High Court and the other members shall be = serving
or=20 retired Judges of any High Court:

Provided = further =20 that nothing in this clause shall = authorise =20 the
detention of any person beyond the maximum period = prescribed=20 by any
law made by Parliament under sub-clause (a) of clause=20 (7).

Explanation.-In = this clause,=20 "appropriate High Court" means,-

(i) in the = case of the=20 detention of a person in pursuance of an order
of = detention =20 made by the Government of India or = an =20 officer or
authority subordinate to that Government, the = High=20 Court for the Union
territory of Delhi;

(ii) in the case of = the detention=20 of a person in pursuance of an order
of detention made by = the=20 Government of any State (other than a Union
territory), = the High=20 Court for that State; and

(iii) = in the =20 case of the detention of a person in pursuance of =20 an
order of detention made by the administrator of a = Union=20 territory or
an officer or authority subordinate to = such=20 administrator, such High
Court as may be = specified by=20 or under any law made by Parliament in
this = behalf.';

(b) in clause = (7),-

(i) sub-clause (a) = shall be=20 omitted;

(ii) sub-clause (b) = shall be=20 re-lettered as sub-clause (a); and

(iii) sub-clause = (c) shall be=20 re-lettered as sub-clause (b) and in the
sub-clause = as =20 so re-lettered, for the words, brackets, letter = and
figure "sub-clause (a) of clause (4)", the=20 word,brackets and figure
"clause (4)" shall be=20 substituted.

4.   = Amendment of=20 article 30.-In article 30 of the Constitution, after
clause = (1), the=20 following clause shall be inserted, namely:-

"(1A) = In making any=20 law providing for the compulsory acquisition = of
any  =20 property   of an   educational = institution=20    established   and
administered by a = minority,=20 referred to in clause (1), the State shall
ensure that = the amount=20 fixed by or determined under such law for the
acquisition = of such=20 property is such as would not restrict or abrogate
the right = guaranteed=20 under that clause.".

5.   = Omission of=20 sub-heading after article 30.- The sub-heading "Right
to =20 Property" occurring after article 30 of the Constitution = shall =20 be
omitted.

6.   = Omission of=20 article 31.- Article 31 of the Constitution shall =20 be
omitted.

7.   = Amendment of=20 article 31A.-In article 31A of the Constitution, = in
clause =20 (1), for the words and figures "article 14, = article=20 19 or
article 31", the words and figures "article = 14 or=20 article 19" shall be
substituted.

8.   = Amendment of=20 article 31C.-In article 31C of the Constitution, for
the =20 words and figures "article 14, article 19 or article = =20 31", the
words and figures "article 14 or article 19" = shall be=20 substituted.

9.   = Amendment of=20 article 38.-Article 38 of the Constitution shall = be
renumbered =20 as clause (1) thereof and   = after =20 the clause as so
renumbered, the following = clause=20 shall be inserted, namely:-

"(2)   = The =20 State shall, in   particular, = strive =20 to minimise the
inequalities in income, = and=20 endeavour to eliminate inequalities in
status, = facilities=20 and opportunities, not only amongst individuals but
also = amongst=20 groups of people residing in different areas or = engaged
in=20 different vocations.".

10. = Substitution of new=20 article for article 71.-For article 71 of the
Constitution, the = following article shall be substituted, namely:-

"71.   = Matters =20 relating to, or connected with, the = election =20 of a
President or Vice-President.-(1) All doubts = and=20 disputes arising out
of or in connection with the election of a = President or Vice-President
shall be inquired into and decided = by the=20 Supreme Court whose decision
shall be final.

(2) If = the =20 election of a person as President or Vice-President =20 is
declared void by the Supreme Court, acts done by him = in=20 the exercise
and performance of the powers and duties of = the=20 office of President or
Vice-President, as the = case=20 may be, on or before the date of = the
decision =20 of the Supreme Court shall not be invalidated by = reason =20 of
that declaration.

(3) Subject = to the=20 provisions of this Constitution, Parliament may by
law = regulate=20 any matter relating to or connected with the election of
a = President or=20 Vice-President.

(4) The = election of a=20 person as President or Vice-President shall not
be = called =20 in question on the ground of the existence of any =20 vacancy
for whatever reason among the=20 members of the electoral = college
electing=20 him.".

11.   = Amendment =20 of article 74.-In article 74 of the Constitution, = in
clause =20 (1), the following proviso shall be = inserted at=20 the end,
namely:-

"Provided = that the=20 President may require the Council of Ministers =20 to
reconsider such advice, either =20 generally or otherwise, and =20 the
President shall act in accordance with the advice = tendered=20 after such
reconsideration.".

12.   = Amendment =20 of article 77.-In article 77 of the =20 Constitution,
clause (4) shall be omitted.

13.   = Amendment of=20 article 83.-(1) In article 83 of the Constitution,
in = clause (2),=20 for the words "six years" in both the places where they
occur, = the=20 words "five years" shall be substituted.

(2) The amendments = made by=20 sub-section (1) to clause (2) of article 83
shall apply = also to=20 the House of the People in existence on the date
of = coming into=20 force of this section without prejudice to the power = of
Parliament with=20 respect to the extension of the duration of that House
under = the=20 proviso to that clause.

14.   = Substitution of=20 new article for article 103.- For article 103 of
the = Constitution, the=20 following article shall be substituted, namely:-

"103.   = Decision on=20 questions as to disqualifications of = members.-(1)
If =20 any question arises as to whether a member of = either=20 House of
Parliament has become =20 subject to   any of the =20 disqualifications
mentioned in clause (1) of article 102, the = question=20 shall be referred
for the decision of the President and his = decision=20 shall be final.

(2) = Before giving any=20 decision on any such question, the = President
shall =20 obtain the opinion of the Election Commission = and shall=20 act
according to such opinion.".

15.   = Amendment of=20 article 105.-In article 105 of the Constitution, = in
clause (3),=20 for the words "shall be those of the House of Commons =20 of
the Parliament of the United =20 Kingdom, and of its members =20 and
committees, at the commencement of this=20 Constitution", the words,
figures and = brackets=20 "shall be those of that House and of its members
and = committees=20 immediately before the coming into force of section 15
of = the Constitution (Forty-fourth Amendment) Act, = 1978"=20 shall be
substituted.

16.   = Amendment =20 of article 123.-In article 123 of the = Constitution,
clause=20 (4) shall be omitted.

17. Amendment = of article=20 132.-In article 132 of the Constitution,-

(a) in = clause (1),=20 for the words "if the High Court certifies", = the
words, =20 figures and letter "if the High Court certifies under =20 article
134A" shall be substituted;

(b) clause (2) = shall be=20 omitted;

(c) in clause (3), = the words "or=20 such leave is granted," and the words
"and, with the = leave of the=20 Supreme Court, on any other ground" shall
be = omitted.

18.   = Amendment of=20 article 133.-In article 133 of the Constitution, = in
clause (1),=20 for the words "if the High Court certifies-", the =20 words,
figures and letter "if the High Court certifies = under=20 article 134A-"
shall be substituted.

19.   = Amendment of=20 article 134.-In article 134 of the Constitution, = in
sub-clause =20 (c) of clause (1), for the word "certifies", the = =20 words,
figures   and letter = "certifies =20 under   article 134A"   = shall  =20 be
substituted.

20.   = Insertion =20 of new article 134A.- After article = 134  =20 of the
Constitution, the following article shall be = inserted,=20 namely:-

"134A.  =20 Certificate for appeal to the Supreme = Court.- =20 Every High
Court, passing or making a judgment, decree, = final=20 order, or sentence,
referred to in clause (1) of article 132 or = clause=20 (1) of article 133,
or clause (1) of article 134,-

(a) may, if it = deems fit so to=20 do, on its own motion; and

(b) = shall, if =20 an oral application is made, by or on behalf of =20 the
party aggrieved, immediately after the = passing=20 or making of such
judgment, decree, final = order or=20 sentence,

determine, = as =20 soon as may be after such passing or = making, the
question whether a certificate of the nature = referred=20 to in clause (1)
of article 132, or clause (1) of = article=20 133 or, as the case may be
sub-clause (c) of clause = (1) of=20 article 134, may be given in respect
of that = case.".

21.   = Amendment of=20 article 139A.-In article 139A of the Constitution,
for = clause=20 (1), the following clause shall be substituted, = namely:-

"(1) = Where =20 cases involving the same or =20 substantially the same
questions of law are = pending=20 before the Supreme Court and one or more
High Courts or before = two or=20 more High Courts and the Supreme Court is
satisfied = on =20 its own motion or on an application = =20 made by the
Attorney-General of India = or by a=20 party to any such case that such
questions are = substantial=20 questions of general importance, the Supreme
Court may = withdraw=20 the case or cases pending before the High Court or
the High = Courts and=20 dispose of all the cases itself:

Provided = that =20 the Supreme Court may after = determining =20 the said
questions of law return any case so = withdrawn=20 together with a copy of
its judgment on such questions to = the=20 High Court from which the case
has been =20 withdrawn, and the High Court shall on receipt = =20 thereof,
proceed to dispose of the case in conformity with such = judgment.".

22. Amendment = of article=20 150.-In article 150 of the Constitution, for
the = words =20 "after consultation with", the words "on the = advice =20 of"
shall be substituted.

23.   = Amendment =20 of article 166.-In article 166 of the = Constitution,
clause=20 (4) shall be omitted.

24. Amendment = of article=20 172.-(1) In article 172 of the Constitution,
in clause (1), for = the=20 words "six years" in both the places where they
occur, the = words "five=20 years" shall be substituted.

(2) The = amendments=20 made by sub-section (1) to clause (1) of = article
172-

(a) = shall not apply=20 to any existing State Legislative Assembly = the
period =20 of existence whereof as computed from the date = appointed =20 for
its first meeting to the date of coming into = force=20 of this section
(both dates inclusive) = is more=20 than four years and eight months but
every such Assembly = shall,=20 unless sooner dissolved, stand dissolved on
the expiry = of-

(i) a period of = four months from=20 the date of coming into force of this
section; = or

(ii) a = period =20 of six years from the date appointed for its =20 first
meeting,

whichever period = expires=20 earlier;

(b) = shall apply to=20 every other existing State Legislative =20 Assembly
without prejudice to the power of = Parliament=20 with respect to the
extension of = duration of=20 such Assembly under the proviso to the said
clause=20 (1).

Explanation = I.-In its=20 application to the Legislative Assembly of = the
State =20 of Sikkim referred to in clause (b) of article =20 371F of the
Constitution, this sub-section shall = have=20 effect as if-

(i) the date = appointed for the=20 first meeting of that Assembly were the
26th day of April, = 1975; =20 and

(ii) the = references in=20 clause (a) of this sub-section to "four years
and = eight=20 months" and "six years" were references to "three years = and
eight=20 months" and "five years" respectively.

Explanation = II.-In =20 this sub-section, "existing State =20 Legislative
Assembly" means the Legislative = Assembly of a=20 State in existence on
the date of coming into force of = this=20 section.

25.   = Substitution of=20 new article for article 192.-For article 192 of
the = Constitution,=20 the following article shall be substituted, namely:-

"192.   = Decision on=20 questions as to disqualifications of = members.-(1)
If =20 any question arises as to whether a member of = a =20 House of the
Legislature   = of  =20 a State has become    subject = to =20 any   of   the
disqualifications =20 mentioned in clause (1) of article 191, the =20 ques-
tion shall be referred for the = decision=20 of the Governor and his
decision shall be=20 final.

(2) = Before =20 giving any decision on any such question, the =20 Governor
shall obtain the opinion of the = Election=20 Commission and shall act
according to such=20 opinion.".

26.   = Amendment of=20 article 194.-In article 194 of the Constitution, = in
clause (3),=20 for the words "shall be those of the House of Commons =20 of
the Parliament of the United =20 Kingdom, and of its members =20 and
committees, at the commencement of this=20 Constitution", the words,
figures and = brackets=20 "shall be those of that House and of its members
and = committees=20 immediately before the coming into force of section 26
of = the Constitution (Forty-fourth Amendment) Act, = 1978"=20 shall be
substituted.

27.   = Amendment =20 of article 213.-In article 213 of the = Constitution,
clause=20 (4) shall be omitted.

28.   = Amendment of=20 article 217.-In article 217 of the Constitution, in
clause=20 (2),-

(a) in = sub-clause=20 (b), the word "or" occurring at the end shall =20 be
omitted;

(b) sub-clause (c) = shall be=20 omitted;

(c) in the = Explanation, clause=20 (a) shall be re-lettered as clause (aa)
and before =20 clause (aa) as so re-lettered, the following =20 shall be
inserted, namely:-

"(a) in = computing the=20 period during which a person has held = judicial
office in=20 the territory of India, there shall be included any = period,
after =20 he has held any judicial office, during which the = person =20 has
been an advocate of a High Court or has held the office of = a member=20 of
a tribunal or any post, under the Union or a State, = requiring=20 special
knowledge of law;".

29. Amendment = of article=20 225.-In article 225 of the Constitution, the
following proviso = shall be=20 inserted at the end, namely:-

"Provided = that =20 any restriction to which the exercise of =20 original
jurisdiction by any of the High = Courts with=20 respect to any matter
concerning the = revenue=20 or concerning any act ordered or done in = the
collection =20 thereof was subject immediately before the commencement = of
this =20 Constitution shall no longer apply to the = exercise=20 of such
jurisdiction.".

30. Amendment = of article=20 226.-In article 226 of the Constitution,-

(a) in clause = (1), for the=20 portion beginning with the words "writs in
the nature of = habeas=20 corpus, mandamus, prohibition, quo warranto = and
certiorari, or=20 any of them" and ending with the words "such = illegality
has =20 resulted in substantial failure of justice.", the following = shall
be=20 substituted, namely:-

"writs = in the =20 nature of habeas corpus, mandamus, prohibition, =20 quo
warranto and certiorari, or any of them, for the = enforcement of any=20 of
the rights conferred by Part III and for any other=20 purpose.";

(b) for = clauses (3),=20 (4), (5) and (6), the following clause shall
be substituted,=20 namely:-

"(3) Where = any party=20 against whom an interim order, whether by way = of
injunction or=20 stay or in any other manner, is made on, or in any =20 way
proceedings relating to, a petition under clause (1),=20 without-

(a) furnishing to = such party=20 copies of such petition and all documents
in support of the = plea for=20 such interim order; and

(b) = giving such =20 party an opportunity of being =20 heard,

makes an = application to the=20 High Court for the vacation of such order
and furnishes a = copy of=20 such application to the party in whose favour
such order = has been=20 made or the counsel of such party, the High Court
shall dispose = of the=20 application within a period of two weeks from the
date = on =20 which it is received or from the date on which the = copy =20 of
such application is so furnished, whichever is = later,=20 or where the
High Court is closed on the last day = of that=20 period, before the expiry
of the next day = afterwards on=20 which the High Court is open; and if
the = application is not=20 so disposed of, the interim order shall, on the
expiry of = that=20 period, or, as the case may be, the expiry of the said
next = day, stand=20 vacated.";

(c) clause (7) = shall be=20 renumbered as clause (4).

31. Amendment = of article=20 227.- In article 227 of the Constitution,-

(a) for = clause =20 (1), the following clause shall be =20 substituted,
namely:-

"(1) Every = High Court shall=20 have superintendence over all courts and
tribunals = throughout the=20 territories in relation to which it=20 exercises
jurisdiction.";

(b) clause (5) = shall be=20 omitted.

32.   = Amendment of=20 article 239B.-In article 239B of the Constitution,
clause = (4)=20 shall be omitted.

33.   = Omission of=20 article 257A.-Article 257A of the Constitution shall
be=20 omitted.

34.   = Insertion =20 of new Chapter IV in Part XII.-In Part XII = of =20 the
Constitution, after Chapter III, = the=20 following Chapter shall be
inserted,=20 namely:-

          &nbs= p;    =20 "CHAPTER IV.-RIGHT TO PROPERTY

300A.   = Persons =20 not to be deprived of property save by authority =20 of
law.-No person shall be deprived of his property save = by=20 authority of
law.".

35.   = Amendment of=20 article 329.-In article 329 of the Constitution, in
the opening = portion, the words, figures and letter "but subject to = the
provisions=20 of article 329A" shall be omitted.

36.   = Omission of=20 article 329A.-Article 329A of the Constitution shall
be=20 omitted.

37. Amendment = of article=20 352.- In article 352 of the Constitution,-

(a) in clause = (1),-

(i) for the = words "internal=20 disturbance", the words "armed rebellion"
shall be=20 substituted;

(ii) the following = Explanation=20 shall be inserted at the end, namely:-

"Explanation.-A =20 Proclamation of Emergency declaring that the security
of = India or=20 any part of the territory thereof is threatened by war = or
by =20 external aggression or by armed rebellion may be made = before =20 the
actual occurrence of war or of any such = aggression or=20 rebellion, if
the President is satisfied that there is = imminent=20 danger thereof.";

(b) for = clauses =20 (2), (2A) and (3), the following clauses shall =20 be
substituted, namely:-

"(2) A = Proclamation issued=20 under clause (1) may be varied or revoked
by a subsequent = Proclamation.

(3) The President = shall not issue=20 a Proclamation under clause (1) or a
Proclamation = varying =20 such Proclamation unless the decision of =20 the
Union Cabinet (that is to say, the Council = consisting=20 of the Prime
Minister and other Ministers of = Cabinet=20 rank appointed under article
75) that such a=20 Proclamation may be issued has been communicated to
him = in=20 writing.

(4) Every = Proclamation issued=20 under this article shall be laid before
each House of = Parliament=20 and shall, except where it is a Proclamation
revoking a = previous=20 Proclamation, cease to operate at the expiration
of = one=20 month unless before the expiration of that period it has =20 been
approved by resolutions of both Houses of = Parliament:

Provided = that =20 if any such Proclamation (not being a =20 Proclamation
revoking a previous Proclamation) is issued = at a=20 time when the House
of the People has been = dissolved, or=20 the dissolution of the House of
the People takes = place=20 during the period of one month referred to in
this = clause,=20 and if a resolution approving the Proclamation has =20 been
passed by the Council of States, but no = resolution=20 with respect to
such Proclamation has = been=20 passed by the House of the People before
the expiration = of that=20 period, the Proclamation shall cease to operate
at the = expiration=20 of thirty days from the date on which the House = of
the =20 People first sits after its reconstitution, = unless =20 before the
expiration of the said period of = thirty=20 days a resolution approving
the Proclamation has been = also passed=20 by the House of the People.

(5) A Proclamation = so approved=20 shall, unless revoked, cease to operate
on the =20 expiration of a period of six months from the = date of=20 the
passing of the second of the resolutions = approving the Proclamation
under clause (4):

Provided = that =20 if and so often   as a =20 resolution approving the
continuance in force = of such=20 a Proclamation is passed by both Houses
of = Parliament =20 the Proclamation shall, unless revoked, continue = =20 in
force for a further period of six months from = the date=20 on which it
would otherwise have ceased to operate = under=20 this clause:

Provided = further that=20 if the dissolution of the House of the People
takes = place during any such period of six months and a = =20 resolution
approving the continuance in force = of=20 such Proclamation has been
passed by = the=20 Council of States but no resolution with respect to = the
continuance in=20 force of such Proclamation has been passed by the = House
of the=20 People during the said period, the Proclamation shall cease=20 to
operate at the expiration of thirty days from = the date=20 on which the
House of the People first sits after = its=20 reconstitution unless before
the expiration = of =20 the said period of thirty days, a =20 resolution
approving the continuance in force of the = Proclamation=20 has been also
passed by the House of the = People.

(6) For = the =20 purposes of clauses (4) and (5), a resolution = may =20 be
passed by either House of Parliament only by a = majority of=20 the total
membership of that House and by a majority of = not less=20 than two-thirds
of the members of that House present and=20 voting.

(7) = Notwithstanding=20 anything contained in the foregoing clauses, = the
President =20 shall revoke a Proclamation issued under clause (1) = or =20 a
Proclamation varying such Proclamation if = the House=20 of the People
passes a resolution disapproving, = or, as the=20 case may be, disapproving
the continuance in force of, such=20 Proclamation.

(8) Where a notice = in writing=20 signed by not less than one-tenth of the
total number of = members=20 of the House of the People has been given, of
their intention = to move a=20 resolution for disapproving, or, as the case
may be, for=20 disapproving the continuance in force of, a = Proclamation
issued=20 under clause (1) or a Proclamation varying such = Proclamation,-

(a) to the Speaker, = if the House=20 is in session; or

(b) to the = President, if the=20 House is not in session,

a special sitting = of the House=20 shall be held within fourteen days from
the date on which = such=20 notice is received by the Speaker, or, as the
case =20 may be, by the President, for the purpose of = considering =20 such
resolution.";

(c) clause = (4) shall be=20 renumbered as clause (9) and in the clause as
so renumbered, = for the=20 words "internal disturbance" in both the places
where they = occur, the=20 words "armed rebellion" shall be substituted;

(d) clause (5) = shall be=20 omitted.

38. Amendment = of article=20 356.-In article 356 of the Constitution,-

(a) in clause = (4),-

(i) for the = words, brackets=20 and figure "one year from the date of the
passing = of the=20 second of the resolutions approving the = Proclamation
under clause=20 (3)", the words "six months from the date of issue of = the
Proclamation"=20 shall be substituted;

(ii) in = the first=20 proviso, for the words "one year", the words "six
months" = shall=20 be substituted;

(iii) in the = second=20 proviso, for the words "one year", the words "six
months" shall = be=20 substituted;

(b) for = clause =20 (5), the following clause shall be =20 substituted,
namely:-

"(5) = Notwithstanding =20 anything contained in clause (4), a resolution
with = respect to the continuance in force of a Proclamation =20 approved
under clause (3) for any period beyond the expiration = of one=20 year from
the date of issue of such Proclamation shall = not be=20 passed by either
House of Parliament unless-

(a) a Proclamation = of Emergency=20 is in operation, in the whole of India
or, as the case = may be, in=20 the whole or any part of the State, at the
time of the passing = of such=20 resolution, and

(b) the Election = Commission=20 certifies that the continuance in force of
the Proclamation = approved=20 under clause (3) during the period specified
in such = resolution=20 is necessary on account of difficulties in = holding
general  =20 elections to the Legislative   = Assembly =20 of   the   State
concerned.".

39.   = Amendment of=20 article 358.-Article 358 of the Constitution shall
be = renumbered=20 as clause (1) of that article, and-

(a) in clause (1) = as so=20 renumbered,-

(i) in = the opening=20 portion, for the words "while a Proclamation =20 of
Emergency is in operation", the = words =20 "While a Proclamation of
Emergency =20 declaring that the security of India or any part = of=20 the
territory thereof is treatened by war or by = external=20 aggression is in
operation" shall be substituted;

(ii) in = the =20 proviso, for the    words "where = a =20 Proclamation of
Emergency", the words "where such=20 Proclamation of Emergency" shall be
substituted;

(b) after = clause (1) as so=20 renumbered, the following clause shall be
inserted,=20 namely:-

"(2) Nothing in = clause (1) shall=20 apply-

(a) to = any law which=20 does not contain a recital to the effect = that
such =20 law is in relation to the Proclamation of Emergency in = operation
when=20 it is made; or

(b) to = any =20 executive action taken otherwise = than =20 under a law
containing such a recital.".

40. Amendment = of article=20 359.-In article 359 of the Constitution,-

(a) in = clauses (1)=20 and (1A), for the words and figures "the =20 rights
conferred by Part III", the words, figures = and=20 brackets "the rights
conferred by Part = III (except articles   20 and =20 21)" shall be
substituted;

(b) = after =20 clause (1A), the following clause = shall =20 be inserted,
namely:-

"(1B) Nothing in = clause (1A)=20 shall apply-

(a) to = any law which=20 does not contain a recital to the effect = that
such =20 law is in relation to the Proclamation of Emergency in = operation
when=20 it is made; or

(b) to = any =20 executive action taken otherwise = than under=20 a law
containing such a recital.".

41. Amendment = of article=20 360.-In article 360 of the Constitution,-

(a) for = clause =20 (2), the following clause shall be =20 substituted,
namely:-

"(2) A Proclamation = issued under=20 clause (1)-

(a) may be revoked = or varied by a=20 subsequent Proclamation;

(b) shall be laid = before each=20 House of Parliament;

(c) = shall cease to=20 operate at the expiration of two months, =20 unless
before the expiration of = that =20 period it has been approved =20 by
resolutions of both Houses of Parliament:

Provided = that if any=20 such Proclamation is issued at a time when the
House of = the=20 People has been dissolved or the dissolution of the = House
of the=20 People takes place during the period of two months referred = to
in =20 sub-clause (c), and if a resolution approving the Proclamation=20 has
been passed by the Council of States, but no = resolution=20 with respect
to such Proclamation has been passed by the = House of=20 the People before
the expiration of that period, the = Proclamation shall=20 cease to operate
at the expiration of thirty days from = the date=20 on which the House of
the People first = sits=20 after its reconstitution unless before =20 the
expiration of the said period of thirty days a=20 resolution approving
the Proclamation has been also = passed by the=20 House of the People.";

(b) clause (5) = shall be=20 omitted.

42.   = Insertion =20 of new article    361A.-After = article =20 361 of the
Constitution, the following article = shall be=20 inserted, namely:-

`361A.  =20 Protection of publication of proceedings of = Parliament =20 and
State Legislatures.-(1) No person shall be liable to = any=20 proceedings,
civil or criminal, in any court in = respect of=20 the publication in a
newspaper of a = substantially=20 true report of any proceedings of either
House of = Parliament or=20 the Legislative Assembly, or, as the case may
be, =20 either House of the = Legislature,  =20 of a State, unless the
publication is = proved=20 to have been made with malice:

Provided that = nothing in this=20 clause shall apply to the publication of
any report of = the=20 proceedings of a secret sitting of either House = of
Parliament or=20 the Legislative Assembly, or, as the case may be, either
House = of the=20 Legislature, of a State.

(2) Clause (1) = shall apply in=20 relation to reports or matters broadcast
by means = of=20 wireless telegraphy as part of any programme or =20 service
provided by means of a broadcasting station as it = applies=20 in relation
to reports or matters published in a = newspaper.

Explanation.-In this =20 article, "newspaper" includes a news =20 agency
report containing material for publication in a=20 newspaper.'.

43.   = Amendment of=20 article 371F.-In article 371F of the Constitution,
in = clause (c),=20 for the words "six years", the words "five years" = shall
be =20 substituted, and for the words "five years" in both = =20 the places
where they occur, the words "four years" shall = be=20 substituted.

44.   = Amendment =20 of the Ninth Schedule.- In the Ninth Schedule to =20 the
Constitution, entries 87, 92 and 130 shall be = omitted.

45. = Amendment =20 of the Constitution (Forty-second = Amendment) =20 Act,
1976.- In the Constitution =20 (Forty-second Amendment) Act, 1976,
sections = 18, 19,=20 21, 22, 31, 32, 34, 35, 58 and 59 shall be=20 = omitted.