Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29and Sch. (w.e.f. 1-11-1956).

Debate Summary

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 the following as Draft Article  211A:

 

“Application of provisions of Part VI to State in Part III of the First Schedule.

 211A. The provision 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 subject to the following modifications 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, be 'substituted.

(3) Articles 131, 132 and 134 shall be omitted.

(4) In article 135, -

(a) in clause (1), for the words, "be appointed" the word "becomes" shall be substituted;

(b) for clause (3). the following clause shall be substituted, namely 

"(3) The Rajpramukh shall be entitled without payment of rent to the use of his residences, and there shall be paid to the Rajpramukh 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 "senior-most judge of that court available" the words or in such other manner as may be prescribed in this behalf by the President' shall be inserted.

(6) In article 144, the Proviso to clause (1) 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 which shall consist 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 are specified in the Second Schedule" the as the Rajpramukh may determine" shall be substituted.

(9) In article 170 for the words "as were 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 clause (3) of article 177-

(a) 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;

(b) after sub-clause (c), the following sub- clause shall be inserted, namely: -

"(ee) 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 Travancere and Cochin for the formation of the United States of Travancore and Cochin;" 

(11) In article 183, for clause (2), the following clause shall be substituted, namely: - 

"(2) Until rules are made under clause (1) of this article, 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 this 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 191, for the word "Province" the words "Indian State' shall be substituted.

(13) For article 197, the following article shall be substituted, namely `salaries, etc., of Judges.

197.  The judges of each High Court shall be entitled to such salaries and allowances and to such rights 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, of absence or pension shall be varied to his disadvantage after his appointment.”

 

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.