Page:Constitution of India (9 Sep 2020).pdf/162



(3) Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify:

Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification.]

[371. Special provision with respect to the States of *** Maharashtra and Gujarat.— (1)***

(2) Notwithstanding anything in this Constitution, the President may by order made with respect to [the State of Maharashtra or Gujarat], provide for any special responsibility of the Governor for—


 * (a) the establishment of separate development boards for Vidarbha, Marathwada, [and the rest of Maharashtra or, as the case may be], Saurashtra, Kutch and the rest of Gujarat with the provision that

a report on the working of each of these boards will be placed each year before the State Legislative Assembly; (b) the equitable allocation of funds for developmental expenditure over the said areas, subject to the requirements of the State as a whole; and (c) an equitable arrangement providing adequate facilities for technical education and vocational training, and adequate opportunities for employment in services under the control of the State Government, in respect of all the said areas, subject to the requirements of the State as a whole.]

['''371A. Special provision with respect to the State of Nagaland.'''—(1) Notwithstanding anything in this Constitution,—
 * (a) no Act of Parliament in respect of—
 * (i) religious or social practices of the Nagas,
 * (ii) Naga customary law and procedure,
 * (iii) administration of civil and criminal justice involving decisions according to Naga customary law,
 * (iv) ownership and transfer of land and its resources,

shall apply to the State of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides;
 * (b) the Governor of Nagaland shall have special responsibility with respect to law and order in the State of Nagaland for so long as in his opinion internal disturbances occurring in the Naga Hills-Tuensang Area immediately before the formation of that State continue therein or in any part thereof and in the discharge of his functions in relation thereto the Governor shall, after consulting the Council of Ministers, exercise his individual judgment as to the action to be taken:


 * Provided that if any question arises whether any matter is or is not a matter as respects which the Governor is under this sub-clause required to act in the exercise of his individual judgment, the decision

of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in the exercise of his individual judgment:


 * Provided further that if the President on receipt of a report from the Governor or otherwise is satisfied that it is no longer necessary for the Governor to have special responsibility with respect to