powers conferred by Clauses (3) and (4) of
this Article. Article 371-D was inserted in the Constitution with effect
from July ... Court, or a High Court exercising
jurisdiction under Article 226 (prior to the enactment of Article 371-D ) ,
the Administrative Tribunal
maintenance of separate electoral roll-Whether violative of
Articles 15 and 325.
Article 371-F-Non-obstante clause-Scope and effect of.
Clause (f)-Whether ... Sangha Constituency contravenes Article 325 and reservation
of one seat for Sanghas contravenes Article 15(1). Article
371-F does not permit a departure from
Admissions) order 1974 (for short “the Presidential
Order”) issued under Article 371-D of the Constitution and G.O.P. No.646
dated 10th July ... Articles 229 and 235 of the Constitution. The Court
also opined that the public agitation which led to the enactment of Article
371
courses in 1988, by this application under Article 32 of the Constitution challenges the vires of Article 371 ... examination. The petitioner has also asked for a declaration that Article 371-D(2)(b)(iii) and (c)(ii) of the Constitution and the Andhra
Articles 14 , 15 and 16 of the
Constitution. Even if it is assumed that by virtue of the
non obstante clause in Article 371 ... case of Sikkim the power was not
exercised under Article 2 read with Article 371-F but under
Article 2-A read with the relevant
also basic structure
doctrine and declared unconstitutional.
HEADNOTE:
Article 371-D was introduced in the Constitution by the
Constitution (Thirty-Second Amendment) Act 1973, which ... apart from the Proviso. The main part of cl.
(5) of Article 371-D would, therefore, also have to be
declared unconstitutional and void. [890E
Administrative Tribunal Order itself was issued by the President under Article 371-D. The events leading to the enactment of Constitution (32nd Amendment ... created by parliamentary enactment as envisaged by Article 323-A itself and that too, after reconciling Article 371-D by an appropriate amendment
Article 16(2) of the Constitution of India. Article 16(3) of the Constitution, which makes an exception to the limitations under Article ... permissible, notwithstanding the prohibition under Article 16(2) , provided such a prescription has been made under Article 371-D or the Presidential Order made thereunder
High Court
or of subordinate judiciary-Scope of Articles 229 and 235.
HEADNOTE:
Article 371-D (3) inserted by the Constitution (Thirty-
Second Amendment ... powers
conferred by clause (3) and (4) of this Article. Article 371
was inserted in the Constitution with effect from July
Requirement as to Residence) Act, 1957 in pursuance of Article 16
(3) read with Article 371 (1) of the Constitution, making a special
provision ... passed by Parliament) was omitted and two new Articles viz.,
Article 371 D and 371 E were inserted. Simultaneously, the State of
Andhra Pradesh also
