Article 371D In English | Article 371D Of Indian Constitution In English | What Is Article 371D

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Article 371D Of Indian Constitution In English

Article 371D – 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 organise 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 organised;
(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 organised 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 favour 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) authorise 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 1 st 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.

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Article 371D In English

371D Article – Special provision with respect to the State of Andhra Pradesh
(1) The President may, by order made in relation to the State of Andhra Pradesh, provide for equal opportunities and facilities for the people belonging to different parts of the State, having regard to the needs of the State as a whole. In the case of public employment and education, and different provisions may be made for different parts of the State
(2) An order made under clause (1) shall, in particular,
(a) the State Government is required to hold any class or classes of posts in the civil service of the State or any class of civil post in the State and in accordance with the basic and procedure specified in the order of the persons holding such office may be allotted accordingly to the local cadres thus organized;
(b) specify any part or parts of the State which shall be deemed to be a local area
(i) for direct recruitment to posts in any local cadre under the State Government (whether conducted or otherwise constituted in pursuance of an order under this article);
(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 or to any other educational institution within the State which is under the control of the State Government;
(c) specify to what extent, in what manner and subject to the conditions that preference or reservation shall be or shall be
(i) in the case of direct recruitment to posts in any such cadre referred to in sub-section (b), as may be specified in this behalf in the order;
(ii) in the case of admission to any such university or other educational institution referred to in sub-section (b) as may be specified in favor of or in favor of candidates who have resided or studied for any period specified in this behalf . in respect of such cadre, university or other educational institution in the local area, 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 established at the commencement of the Constitution. (Thirty-Two Seconds Amendment) Act, 1973, to be enforced by any court (other than the Supreme Court) or any tribunal or other authority as may be specified in the order in respect of the following matters, ie:
(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 Authority, as may be specified in the order;
(b) the seniority of persons appointed, allotted or promoted to 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 the State within any local authority 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. may order
(4) An order made under clause (3) may be
(a) authorizes the Administrative Tribunal to receive representations for the redressal of grievances relating to any matter within its jurisdiction as the President may by order specify and to make such orders thereon as the Administrative Tribunal may deem fit. understand;
(b) include 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 self) as the President may deem necessary;
(c) provide for the transfer of the proceedings of such class of administrative tribunal as proceedings relating to matters within its jurisdiction and pending before any court (other than the Supreme Court) or tribunal or other authority, in such manner immediately before the commencement of the order, as may be specified in the order;
(d) such supplementary, incidental and consequential provisions (including provisions as to duty and limitation, subject to evidence or any exception or amendment to the application of any law) as the President may deem necessary.

(5) The order of the Administrative Tribunal finally disposing of any matter shall take effect on its confirmation by the State Government or on the expiry of three months from the date of making the order, whichever is earlier: Provided that the State Government may in writing may, by special order made in this behalf and for reasons to be specified therein, amend or cancel any order of the Administrative Tribunal before it has come into force and in such case, the order of the Administrative Tribunal shall have effect only in such modified form or There will be no effect, as the case may be.
(6) Every special order made by the State Government under the proviso to clause (5) shall, as soon as may be after it is made, be laid before both the Houses of the State Legislature.
(7) The High Court of the State shall have no power of superintendence over an administrative tribunal and no court (other than the Supreme Court) or tribunal shall exercise any jurisdiction, power or authority in respect of any matter under jurisdiction. The 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 may be necessary for the transfer and disposal of cases pending earlier. consider it appropriate. 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) before the 1st day of November, 1956, in any office under the Government of the State of Hyderabad or any local authority, as existed before that date; either
(ii) held before the commencement of the Constitution (Thirty-second Amendment) Act, 1973, to any office under the Government of the State of Andhra Pradesh, or any local or other authority; And
(b) nothing done or done by or before any person referred to in sub-section (a) shall be deemed to be illegal or void or shall never be illegal or void on the ground merely of the fact that the appointment, posting, promotion or The transfer of such person was not made in accordance with any law which provides for any requirement in respect of residence within the State of Hyderabad or in any part of the State of Andhra Pradesh, as the case may be. in respect of such appointment, posting, promotion or transfer.
(10) The provisions of this article and any order made by the President thereunder shall have effect for the time being in force in any other provision of this Constitution or any other law.

Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.

What Is Article 371D Of Indian Constitution?

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