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ARTICLE 371D, 371E OF CONSTITUTION OF INDIA 1949

What are the Special provisions with respect to the state of Andhra Pradesh? What are the provisions for Establishment of Central University in Andhra Pradesh? Article 371D and 371E of Constitution of India, 1949

Special provisions with respect to the state of Andhra Pradesh and Establishment of Central University in Andhra Pradesh are defined under Article 371D and 371E of Constitution of India 1949. Provisions under this Articles are:

Article 371D of Constitution of India "Special provisions with respect to the state of Andhra Pradesh"

(1) The president may by order made with respect to the state of Andhra Pradesh provide, having regard to the requirements of the state as a whole, for equitable opportunities and facilities for the people belonging to different parts of state, in the matter of public employment and in the matter of education, and different provisions may be made for various parts of the state.

(2) An order made under clause (1) may, in particular,-

(a) require the state Government to organize any class or classes of posts in a civil service of, or any classes of civil post of state and allot in accordance with such principal and procedure as may be specified in the order the persons holding such post to the local cadres so organized;

 

(b) specify any part or parts of the state which shall be regarded as the local area-

(i) for direct recruitment to posts in any local cadre (whether organized in pursuance of an order under this article or constituted otherwise) under the State Government;

(ii) for direct recruitment to posts in any cadre under any local authority within the State; and

(iii) for the purposes of admission to any University within the State or to any other educational institution which is subject to the control of the State Government;

(c) specify the extent to which, the manner in which and the conditions subject to which, preference or reservation shall be given or made-

(i) in the matter of direct recruitment to posts in any such cadre referred to in sub- clause (b) as may be specified in this behalf in the order;

(ii) in the matter of admission to any such University or other educational institution referred to in sub-clause (b) as may be specified in this behalf in the order, to or in favor of candidates who have resided or studied for any period specified in the order in the local area in respect of such cadre, University or other educational institution, as the case may be.

(3) The President may, by order, provide for the constitution of an Administrative Tribunal for the State of Andhra Pradesh to exercise such jurisdiction, powers and authority including any jurisdiction, power and authority which immediately before the commencement of the constitution (Thirty-second Amendment) Act, 1973, was exercisable by any court (other than the Supreme Court) or by any tribunal or other authority as may be specified in the order with respect to the following matters, namely:-

(a) appointment, allotment or promotion to such class or classes of posts in any civil service of the State, or to such class or classes of civil posts under the State, or to such class or classes of posts under the control of any local authority within the State, as may be specified in the order;

(b) seniority of persons appointed, allotted or promoted to such class or classes of posts in any civil service of the State, or to such class or classes of civil posts under the State, or to such class or classes of posts under the control of any local authority within the State, as may be specified in the order;

(c) such other conditions of service of persons appointed, allotted or promoted to such class or classes of civil posts under the State or to such class or classes of posts under the control of any local authority within the State, as may be specified in the order.

(4) An order made under clause (3) may-

(a) authorize the Administrative Tribunal to receive representations for the redress of grievances relating to any matter within its jurisdiction as the President may specify in the order and to make such orders thereon as the Administrative Tribunal deems fit;

(b) contain such provisions with respect to the powers and authorities and procedure of the Administrative Tribunal (including provisions with respect to the powers of the Administrative Tribunal to punish for contempt of itself) as the President may deem necessary;

(c) provide for the transfer of the Administrative Tribunal of such classes of proceedings, being proceedings relating to matters within its jurisdiction and pending before any court (other than the Supreme Court) or tribunal or other authority immediately before the commencement of such order, as may be specified in the order;

(d) contain such supplemental, incidental and consequential provisions (including provisions as to fees and as to limitation, evidence or for the application of any law for the time being in force subject to any exceptions or modifications) as the President may deem necessary.

(5) The order of the Administrative Tribunal finally disposing of any case shall become effective upon its confirmation by the State Government or on the expiry of three months from the date on which the order is made, whichever is earlier:

Provided that the State Government may, by special order made in writing and for reasons to be specified therein, modify or annul any order of the Administrative Tribunal before it becomes effective and in such a case, the order of the Administrative Tribunal shall have effect only in such modified form or be of no effect, as the case may be.

(6) Every special order made by the State Government under the proviso to clause (5) shall be laid, as soon as may be after it is made, before both Houses of the State Legislature.

(7) The High Court for the State shall not have any powers of superintendence over the Administrative Tribunal and no court (other than the Supreme Court) or tribunal shall exercise any jurisdiction, power or authority in respect of any matter subject to the jurisdiction, power or authority of, or in relation to, the Administrative Tribunal.

(8) If the President is satisfied that the continued existence of the Administrative Tribunal is not necessary, the President may by order abolish the Administrative Tribunal and make such provisions in such order as he may deem fit for the transfer and disposal of cases pending before the Tribunal immediately before such abolition.

(9) Notwithstanding any judgment, decree or order of any court, tribunal or other authority,-

(a) no appointment, posting, promotion or transfer of any person-

(i) made before the 1st day of November, 1956, to any post under the Government of, or any local authority within, the State of Hyderabad as it existed before that date; or

(ii) made before the commencement of the Constitution (Thirty-second Amendment) Act, 1973, to any post under the Government of, or any local or other authority within, the State of Andhra Pradesh; and

(b) no action taken or thing done by or before any person referred to in sub-clause (a), shall be deemed to be illegal or void or ever to have become illegal or void merely on the ground that the appointment, posting, promotion or transfer of such person was not made in accordance with any law, then in force, providing for any requirement as to residence within the State of Hyderabad or, as the case may be, within any part of the State of Andhra Pradesh, in respect of such appointment, posting, promotion or transfer.

(10) The provisions of this article and of any order made by the President thereunder shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force.

Article 371E of Constitution of India "Establishment of Central University in Andhra Pradesh"

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

Constitution of India 1949

What is Protection of President and Governors and Rajpramukhs? What is Protection of publication of proceedings of Parliament and State Legislature? Article 361 and 361A of Constitution of India, 1949

What is Bar to interference by courts in disputes arising out of certain treaties, agreements, etc? What is Recognition granted to Rulers of Indian States to cease and privy purses to be abolished? Article 363 and 363A of Constitution of India, 1949

What are the Special provisions as to major ports and aerodromes? What is the Effect of failure to comply with, or to give effect to, directions given by the Union? Article 364 and 365 of Constitution of India, 1949

What are the Definitions? What is Interpretation? Article 366 and 367 of Constitution of India, 1949

What is the Power of Parliament to amend the Constitution and procedure therefor? What is Temporary power to Parliament to make laws matters in the State Concurrent List? Article 368 and 369 of Constitution of India, 1949

What are the Temporary provisions with respect to the State of Jammu and Kashmir? Article 370 of Constitution of India, 1949

What are the Special provision with respect to the States of Maharashtra and Gujarat? Article 371 of Constitution of India, 1949

What are the Special provision with respect to the States of Nagaland? Article 371A of Constitution of India, 1949

What are the Special provision with respect to the States of Assam and Manipur? Article 371B and 371C of Constitution of India, 1949

What are the Special provisions with respect to the state of Andhra Pradesh? What are the provisions for Establishment of Central University in Andhra Pradesh? Article 371D and 371E of Constitution of India, 1949

What are the Special provisions with respect to the State of Sikkim? Article 371F of Constitution of India, 1949

What are the Special provision with respect to the State of Mizoram, Arunachal Pradesh and Goa? Article 371G, 371H and 371I of Constitution of India, 1949

What is the Continuance in force of existing laws and their adaptation? What is Power of the President to adapt laws? Article 372 and 372A of Constitution of India, 1949


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