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Article 238 Of Indian Constitution In English
Article 238 – Omitted by the Constitution 7 th Amendment Act, 1956 PART VIII THE UNION TERRITORIES
Article 238 In English
238 Article – 7th Amendment Act, 1956 Part Eight Union Territories omitted by the Constitution
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What Is Article 238 Of Indian Constitution?
Article 238 Debate Summary
Article 238 was not a part of the draft Constitution of India, 1948.
On 12 and 13 October 1949, the Chairman of the Drafting Committee proposed the inclusion of the following as draft Article 211A:
“To apply to the State the provisions of Part VI in Part III of the First Schedule.
211A – The provisions of Part VI of this Constitution shall apply in relation to the States for the time being specified in Part III of the First Schedule as they apply in relation to the States. For the time being specified in Part I of that Schedule, States are subject to the following amendments and omissions, namely:
(1) for the word “Governor”, wherever it occurs in the said Part VI, except when it occurs for the second time in clause (b) of article 209, the word “Rajpramukh” shall be substituted.
(2) in article 128, for the word and figure “Part I”, the word and figure “Part III” shall be substituted.
(3) Articles 131, 132 and 134 shall be omitted.
(4) In article 135,—
(a) in clause (1), for the words “to be appointed”, the words “becomes” shall be substituted;
(b) to clause (3). The following clause shall be substituted, namely:-
“(3) The Rajpramukh shall be entitled without payment of rent for the use of his residences, and the Rajpramukh shall be paid such allowances as the President may, by general or special order, determine.”;
(c) in clause (4), the words “emoluments and” shall be omitted.
(5) In article 136, after the words “the senior-most Judge of that Court available” or in such other manner as may be prescribed by the President in this behalf.
(6) In article 144, in clause (1), the proviso shall be omitted.
(7) in article 148, for clause (1), the following clause shall be substituted, namely:—
“(I) for every State there shall be a Legislature consisting of the Rajpramukh and—
(a) in the State of Mysore, two Houses;
(b) in other States, one House.”
(8) in article 163, for the words “as specified in the Second Schedule”, the words “as the Rajpramukh may determine” shall be substituted.
(9) in article 170, for the words “as was immediately before the date of commencement of this Constitution applicable in the case of members of the Provincial Legislative Assembly for that State”, the words “as the Rajpramukh may determine” shall be substituted.
(10) in article 177, in clause (3),—
(a) for sub-section (a), the following sub-section shall be substituted, namely:-
“(a) the allowances of the Rajpramukh and other expenditure relating to his office as may be determined by general or special order by the President;
(b) after sub-section (c), the following sub-section shall be inserted, namely:—
“(EE) in the case of the State of Travancore-Cochin, under a covenant made before the commencement of this Constitution by the rulers of India, fifty-one lakh rupees are required to be paid annually to the Devaswom Fund. For the formation of the United States of Travancore and Cochin State of Travansere and Cochin;”
(11) In article 183, for clause (2), the following clause shall be substituted, namely:—
“(2) Unless rules are made under clause (1) of this article, the rules of procedure and standing orders in relation to the Legislature of a State immediately before the commencement of this Constitution or where there is no House of the Legislature in the State existence in relation to the Legislative Assembly of such province, the rules of procedure and standing orders in force immediately before such commencement, as may be specified in this behalf by the Rajpramukh of the State, shall have effect in relation to the Legislature of the State with such modifications and adaptations. which may be made therein by the Speaker of the Legislative Assembly or the Chairman of the Legislative Council, as the case may be.”
(12) in article 191, in clause (2), for the word “province”, the words “Indian State” shall be substituted.
(13) for article 197, the following article shall be substituted, namely, the salaries of Judges, etc.
197- A Judge of every High Court shall be entitled to such salary and allowances and such powers in respect of leave of absence and pension as may from time to time be determined by the President after consultation with the Rajpramukh:
Provided that neither the salary of a Judge nor his rights in respect of leave, absence or pension shall be varied to his detriment after his appointment.”
Some amendments were made to the draft Article 211A and it was accepted without any significant debate. Later Article 238 was removed from the Constitution through the Constitution (Seventh Amendment) Act, 1956.
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