रजिस्ट्री सं ० डी ० 221
REGISTERED NO . D. 221.
भारत का राजपत्र
The Gazette of India
असाधारण
EXTRAORDINARY
भ.ग II खण्ड 1
PART II-Section 1
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 48]
नई दिल्ली, सोमवार, प्रा.स्त 28 , 1972/भाव्र 6, 1894
No. 48]
NEW DELHI, MONDAY , AUGUST 28 , 1972 / BHADRA 6, 1894
इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके ।
Separate paging is given to this Part In order that it may be filed as a separate compilation .
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi , the 28th August , 1972/ Bhadra 6 , 1894 ( Saka )
The following Act of Parliament received the Assent of the President on the 27th August, 1972 , and is hereby published for general informa- tion:-
THE CONSTITUTION ( TWENTY- EIGHTH AMENDMENT)
ACT, 1972
[27th August , 1972 ]
An Act further to amend the Constitution of India .
BR it enacted by Parliament in the Twenty- third Year of the Republic of India as follows:-
1. (1) This Act may be called the Constitution ( Twenty -eighth Amendment) Act, 1972 .
Short title and commen- cement .
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette , appoint .
2. After article 312 of the Constitution, the following article shall be Insertion inserted , namely: --
of new article 312A .
" 312A . ( 1 ) Parliament may by law-
( a) vary or revoke , whether prospectively or retrospectively , the conditions of service as respects remuneration , leave and
( 673 )
Power of Parlia- ment to vary or conditions revoke of service of officers of certain services.
THE GAZETTE OF INDIA EXTRAORDINARY
[PART 11- 674
pension and the rights as respects disciplinary matters of persons who, having been appointed by the Secretary of State or Secretary ofState in Council to a civil service of the Crown in India before the commencement of this Constitution , continue on and after the commencement of the Constitution (Twenty-eighth Amendment) Act , 1972, to serve under the Government of India or of a State in any service or post ;
(b) vary or revoke , whether prospectively or retrospectively , the conditions of service as respects pension of persons who , having been appointed by the Secretary of State or Secretary of State in Council to a civil service of the Crown in India before the commencement of this Constitution , retired or otherwise ceased to be in service at any time before the commencement of the Constitution ( Twenty- eighth Amendment ) Act , 1972:
Provided that in the case of any such person who is holding or has held the office of the Chief Justice or other Judge of the Supreme Court or a High Court, the Comptroller and Auditor - General of India, the Chairman or other member of the Union or a State Public Service Commission or the Chief Election Commissioner , nothing in sub- clause (a) or sub - clause (b) shall be construed as empowering Parliament to vary or revoke, after his appointment to such post, the conditions of his service to his disadvantage except in so far as such conditions of service are applicable to him by reason of his being a person appointed by the Secretary of State or Secretary of State in Council to a civil service of the Crown in India.
(2) Except to the extent provided for by Parliament by law under this article, nothing in this article shall affect the power of any legislature or other authority under any other provision of this Constitution to regulate the conditions of service of persons referred to in clause (1) .
(3) Neither the Supreme Court nor any other court shall have jurisdiction in-
(a) any dispute arising out of any provision of, or any endorsement on , any covenant , agreement or other similar instrument which was entered into or executed by any person referred to in clause ( 1 ) , or arising out of any letter issued to such person , in relation to his appointment to any civil service of the Crown in India or his continuance in service under the Government of the Dominion of India or a Province thereof;
(b ) any dispute in respect of any right , liability or obligation under article 314 as originally enacted.
(4) The provisions of this article shall have effect notwithstand- ing anything in article 314 as originally enacted or in any other provision of this Constitution." .
SEC. 1 ]
THE GAZETTE OF INDIA EXTRAORDINARY
675
3. Article 314 of the Constitution shall be omitted .
Omission of article 314.
The above Bill has been passed by the Houses of Parliament in ac- cordance with the provisions of article 368 of the Constitution and has also been ratified by the Legislatures of not less than one-half of the States by resolutions to that effect as required under the proviso to clause (2) of the said article.
K. K. SUNDARAM, Joint Secy. to the Govt. of India .
PRINTED BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI, 1972