Application of provisions of Part VI to States in Part B of the First Schedule
Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
Article 238, Constitution of India 1950
The provisions of Part VI shall apply in relation to the States specified in Part B of the First Schedule as they apply in relation to the States specified in Part A of that Schedule subject to the following modifications and omissions, namely:—
(1) For the word “Governor” wherever it occurs in the said Part VI, except where it occurs for the second time in clause (b) of article 232, the word “Rajpramukh” shall be substituted.
(2) In article 152, for the word and letter “Part A” the word and letter “Part B” shall be substituted.
(3) Articles 155, 156 and 157 shall be omitted.
(4) In article 158,—
(i) in clause (1), for the words “be appointed” the word “becomes” shall be substituted;
(ii) for clause (3), the following clause shall be substituted, namely:—
“(3) The Rajpramukh shall, unless he has his own residence in the principal seat of Government of the State, be entitled without payment of rent to the use of an official residence and shall be also entitled to such allowances and privileges as the President may, by general or special order, determine.”;
(iii) in clause (4), the words “emoluments and” shall be omitted.
(5) In article 159, after the words “seniormost Judge of that Court available” the words “or in such other manner as may be prescribed in that behalf by the President” shall be inserted.
(6) In article 164, for the proviso to clause (1) the following proviso shall be substituted, namely:—
“Provided that in the State of Madhya Bharat there shall be a Minister in charge of tribal welfare who may in addition be in charge of the welfare of the Scheduled Castes and backward classes or any other work.”
(7) In article 168, for clause (1) the following clause shall be substituted, namely:—
“(1) For every State there shall be a Legislature which shall consist of the Rajpramukh and—
(a) in the State of Mysore, two Houses;
(b) in other States, one House.”
(8) In article 186, for the words “as are specified in the Second Schedule” the words “as the Rajpramukh may determine” shall be substituted.
(9) In article 195, for the words “as were immediately before the commencement of this Constitution applicable in the case of members of the Legislative Assembly of the corresponding Province” the words “as the Rajpramukh may determine” shall be substituted.
(10) In clause (3) of article 202—
(i) for sub-clause (a), the following sub-clause shall be substituted, namely:—
“(a) the allowances of the Rajpramukh and other expenditure relating to his office as determined by the President by general or special order;”
(ii) for sub-clause (f) the following sub-clauses shall be substituted, namely:—
“(f) in the case of the State of Travancore-Cochin, a sum of fifty-one lakhs of rupees required to be paid annually to the Devaswom fund under the covenant entered into before the commencement of this Constitution by the Rulers of the Indian States of Travancore and Cochin for the formation of the United State of Travancore and Cochin;
(g) any other expenditure declared by this Constitution, or by the Legislature of the State by law, to be so charged.”
(11) In article 208, for clause (2), the following clause shall be substituted, namely:—
“(2) Until rules are made under clause (1), the rules of procedure and standing orders in force immediately before the commencement of this Constitution with respect to the Legislature for the State or, where no House of the Legislature for the State existed, the rules of procedure and standing orders in force immediately before such commencement with respect to the Legislative Assembly of such Province as may be specified in that behalf by the Rajpramukh of the State, shall have effect in relation to the Legislature of the State subject to such modifications and adaptations as 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 clause (2) of article 214, for the word “Province” the words “Indian State” shall be substituted.
(13) For article 221, the following article shall be substituted, namely:—
“221. (1) There shall be paid to the Judges of each High Court such salaries as may be determined by the President after consultation with the Rajpramukh.
(2) Every Judge shall be entitled to such allowances and to such rights in respect of leave of absence and pension as may from time to time be determined by or under law made by Parliament and, until so determined, to such allowances and rights as may be determined by the President after consultation with the Rajpramukh:
Provided that neither the allowances of a Judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment.”
Article 238 was not a part of the Draft Constitution of India 1948. On the 12 and 13 October, 1949, the Chairman of the Drafting Committee proposed to insert Draft Article 211A.
A few amendments were made to Draft Article 211A and it was adopted without any significant debate.
Article 238 was subsequently omitted from the Constitution by way of the Constitution (Seventh Amendment) Act, 1956.