Constitutional Provisions

For protecting the rights and for providing equal social status to the members of Scheduled Castes and Tribes, many provisions are made in the Constitution of India. This category tries to explore and bring them together. Though the list is not exhaustive, but it will try to cover everything needed for day to day happy living with dignity.

Special Cells for SC / ST in Universities

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Xth Plan profile of Higher Education in India under Para 10.B2 states as under:

“To ensure the effective implementation of the reservation policy in admission, recruitment, allotment of staff quarters, Hostels etc., SC/ST Cells are established in the Universities”.

The Commission is providing financial assistance to the Universities for the establishment of Special Cell for SC/STs.

Objectives

  1. To implement the reservation policy for SCs/STs in the Universities and Colleges.
  2. To collect data regarding the implementation of the policies in respect of admissions, appointments to teaching and non-teaching positions in the universities, and in the affiliaing colleges and analyse the data showing the trends and changes towards fulfilling the required quota.
  3. To take such follow up measures for achieving the objectives and targets laid down for the purpose by the Government of India and the UGC.
  4. To implement, monitor and evaluate continuously the reservation policy in universities and colleges and plan measures for ensuring effective implementation of the policy and programe of the Government of India.

Functions of the Special Cells

  1. To circulate Government of India and Commission’s decisions and to collect regularly, on an annual basis, information regarding course-wise admissions to candidates belonging to the Scheduled Castes and Scheduled Tribes in the Universities and Colleges for different courses, in forms prescribed, by a stipulated date, and to take follow up action, where required.
  2. To circulate Government of India orders and Commission’s decisions and to collect information in respect of appointment, training of these communities in teaching and non-teaching posts in the Universities and Colleges, in suitable forms by a stipulated date and take follow up action where required.
  3. To collect reports and information regarding the Government of India orders on the various aspects of education, training and employment of Scheduled Castes and Scheduled Tribes candidates, for evolving new policies or modifying existing policy of the Commission.
  4. To analyze the information collected above and prepare reports and digests for onward transmission to the Ministry of Human Resource Development/University Grants Commission and such other authorities as may be required.
  5. To deal with representations received from Scheduled Castes and Scheduled Tribes candidates regarding their admission, recruitment, promotion and other similar matters in Universities/Colleges.
  6. To monitor the working of the remedial coaching scheme, if approved in the affiliated colleges and university.
  7. To function as a Grievances Redressal Cell for the Grievances of SC/ST students and employees of the university and render them necessary help in solving their academic as well as administrative problems.
  8. To maintain a register for employment of SCs / STs in the University and Colleges for the candidates belonging to SC/ST communities for various posts in the university/colleges.
  9. Any other work assigned from time to time to promote higher education among these two communities suffering economic, social and education deprivations.
  10. The SC/ST Cell exclusively looks after the work related to SC/STs matters and no other work is assigned to the Cell.
  11. If the required data is not submitted by the given date, UGC reserves the right to withhold either plan or non-plan grant until the required information/data is received. Hence, the universities/colleges are advised to supply the necessary information as required.

Eligibility / Target Group

Financial assistance under the Scheme would be available to such Universities and Deemed Universities, which come within the purview of Section 2(f) and are fit to receive central assistance under section 12(B) of the UGC Act, 1956. The Scheme is meant for SC/ST only.

Nature of Financial Assistance Available Under the Scheme

  • For Setting up of New SC/ST Cells
  • For continuation of the Special Cells in the Xth Plan period for the Cells, which were established upto the end of IX Plan period.

Procedure for Applying for the Scheme

The Commission will invite proposals from Institutions in the beginning of the Plan as per the prescribed proforma (Annexure-I).

Procedure for Approval By the UGC

The proposal received from Universities and Deemed to be Universities will be scrutinized with the help of the Committee constituted for the purpose.

Procedure for Release of Grants by UGC

The Commission will communicate approval for setting up SC/ST Cells to the university and first instalment of Non-Recurring Grant will be released in respect of staff salary and contingency. The grants for the second year and subsequent years will be released only on the receipt of statement of expenditure (Annexure-IV) and utilization certificate (Annexure-V) along with the report of work undertaken for the grant paid during the last year. Audited statement of expenditure may be sent immediately after the audit is completed.

Fo claiming grant from the UGC for salary of the staff against the posts sanctioned for the scheme, the University should submit the following information to the UGC immediately after making the appointments:

  1. State Govt.’s or university’s own assurance to bear the liability towards the salary of the said post after the Commission’s assistance ceases.
  2. Name of the person appointed.
  3. Academic qualifications and experience.
  4. Post held by the incumbent prior to his/her appointment againts the said post and the name of the Institution where he/she was working.
  5. Date of joining the new post.
  6. Minutes of the Selection Committee.
  7. Details of the monthly pay offered including allowances in the scale of pay.
  8. Amount payable up to the end of the financial year.
  9. Number of increment, if any, to be given.
  10. Whether action been taken to fill the resultant vacancy, in case the person appointed belongs to the same university.
  11. A certificare to the effect that the appointment has been made in accordance with the procedure and norms prescribed as per University Rules (Annexure-VI).

Procedure for Monitoring the Progress of the Scheme

At the end of each academic year, the Coordinator / In-charge of the Special Cell, will submit an Appraisal report duly countersigned by the Liaison Officer through the Registrar, to the UGC, indicating a consolidated statement of the data, the progress achieved and the problems faced by the Cell. The action-taken by the Cell to implement the policy should be highlighted. The report on implementation of the reservation policy in the university should incdicate the percentage in admissions, appointments in teching and non-teaching staff, allotment of staff quarters, rooms in hostels, etc., together with the analysis of the report.

Advisory Committee at University Level

For effective implementation of policies and programmes of the reservation policy for the Scheduled Castes and Scheduled Tribes, University should appoint a liaison officer in the rank of Professor under whom the Cell may be placed, and a Standing Committee, with the Vice-Chancellor as a Chairman. The Committee will consist of Liaison Officer, 2 to 3 Heads of Departments, 2 to 3 faculty members (Professor, Reader and Lecturer level), 3 to 4 Principals of the under-graduate/post-graduate collge affiliated to the University and Co-ordinator of the SC/ST as a Member Secretary. Some of these members should belong to SC/ST categories. The Committee should meet twice a year to review the position and to solve the problems. The work relating to the implementation of the reservation policy may be monitored by the above stated Committee.

The Commission has constituted Standing Committee on SC/ST to over-see the implmementation of reservation policy in Universities and Deemed Universities. The Standing Committee on SC/ST will visit Universities to review and monitor the work of SC/ST Cells.

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Key provisions of Policy of Reservation for SCs, STs and OBCs

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Key provisions of Policy of Reservation for SCs, STs and OBCs:

1) SCs/STs get reservation in all groups of posts under the Government in case of direct recruitment and in case of promotions made by non-selection method. In case of promotions made by selection, reservation is available to them when promotions are made in Group B, C, D posts and from Group B to the lowest rung in Group ‘A’ posts.

2) SC/ST/OBC candidates appointed by direct recruitment and SC/ST candidates also promoted on their own merit are adjusted against reserved posts.

3) In promotion by selection to posts within Group ‘A’ which carry an ultimate salary of Rs.18,300.00 or less (pre-revised), there is no reservation, but the Scheduled Caste / Scheduled Tribe officers who are senior enough in the zone of consideration for promotion so as to be within the number of vacancies for which the select list is to be drawn up, would be included in that list provided they are not considered unfit for promotion.

4) There is general ban on de-reservation of posts in case of direct recruitment.

5) In case of direct recruitment various relaxations, like relaxations in age limit by 5 years; exemption from payment of examination / application fees; relaxation in qualification of experience at the discretion of UPSC/competent authority; relaxation in standard of suitability, etc. Are available to members of SCs and STs.

6) In case of promotion, zone of consideration is extended up-to five times the number of vacancies in case suitable candidates are not available within normal zone of consideration; minimum qualifying marks / standards of evaluation are relaxable; upper age limit is relaxable by five years where upper age limit for promotion is prescribed not more than 50 years.

7) There is a provision of appointment of liaison officers in all Ministries / Departments to ensure proper implementation of reservation policy.

Own merit candidate

A candidate belonging to SC/ST/OBC who is selected on the same standard as applied to general category candidates and who appears in the general merit list is treated as own merit candidate. Such candidate is adjusted against unreserved point of the reservation roster. Department of Personnel and Training O.M. No. 36011/1/98-Estt.(Res.) dated 1-7-1998 clarifies that only such SC/ST/OBC candidates who are selected on the same standard as applied to general candidates shall not be adjusted against reserved vacancies. In other words, when a relaxed standard is applied in selecting an SC/ST/OBC candidate, for example in the age limit, experience qualification, permitted number of chances in written examination, extended zone of consideration larger than what is provided for general category candidates, etc., the SC/ST/OBC candidates are to be counted against reserved vacancies. Such candidates would be deemed to be unavailable for consideration against unreserved vacancies.

Guidelines in case of migration of a reserved category person from one State to another State

When a person migrates from one portion of the State in respect of which his community is Scheduled to another part of the same State in respect of which his community is not scheduled, he will continue to be a member of the Scheduled Caste or the Scheduled Tribe or the Backward Class, as the case may be in relation to that State.

When a person who is a member of one State moves to another, he can claim to belong to a Scheduled Caste or a Scheduled Tribe only in relation to the State to which he originally belonged and not in respect of the State to which he has migrated.

Objective behind the issuance of caste certificates to Scheduled Castes and Scheduled Tribes

The main objective of issuance of caste certificate is to facilitate access of bonafide candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Class to the reserved posts and services under the State and other facilities provided by the State to them.

Guidelines in regard to scrutiny and verification of caste certificates in Government Service

The Government of India has issued instructions regarding scrutiny and verification of the caste certificates of the candidates at the time of initial appointment and at every important upturn of employee’s career. This Department re-iterated the instructions vide O.M. No.36011/3/2005-Estt. (Res.) dated 9th September 2005.

https://dopt.gov.in/sites/default/files/FAQ_SCST.pdf

National Commission for Scheduled Castes (NCSC)

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http://ncsc.nic.in/

The National Commission for Scheduled Castes is an Indian constitutional body established with a view to provide safeguards against the exploitation of Scheduled Castes and Anglo Indian communities to promote and protect their social, educational and cultural interests, special provisions were made in the Constitution, Article 338 of the India constitution deals with National Commission for Scheduled Castes. The functions of various wings of NCSC are:

Atrocities and Preotection of Civil Rights Wing (APCR)

Matter pertaining to atrocities caused on SCs. Cases relating to protection of Civil Rights Act, the Bonded Labour Act, the Minimum Wages Act etc.

Service Safeguards Wing (SSW)

To deal with individual representations on service safeguards. To review and monitor the implementation of reservation policy.

Economic & Social Development Wing (ESOW)

Development of SCs particularly implementation/monitoring of Plan Scheme of the Central / State Govt. To inquire into Specific Complaints with respect to the deprivation of rights of SCs in respect of land, education, allotment of Petrol Pump, Financial Assistance/Loan etc.

National Commission for Scheduled Tribes (NCST)

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https://ncst.nic.in

The National Commission for Scheduled Tribes (NCST) was established by amending Article 338 and inserting a new Article 338A in the Constitution through the Constitution (89th Amendment) Act, 2003. By this amendment, the erstwhile National Commission for Scheduled Castes and Scheduled Tribes was replaced by two separate Commissions namely- (i) the National Commission for Scheduled Castes (NCSC), and (ii) the National Commission for Scheduled Tribes (NCST) w.e.f. 19 February, 2004. Detailed background information about the historical evolution of the National Commission has been given in Chapter-1 of the first Report of the Commission for the year 2004-05 and 2005-06.

The term of office of Chairperson, Vice-Chairperson and each member is three years from the date of assumption of charge. The Chairperson has been given the rank of Union Cabinet Minister, and the Vice-Chairperson that of a Minister of State and other Members have the ranks of a Secretary to the Government of India.

Functions of the Commission

(Under Clause (5)of Art. 338A)

1. To investigate & Monitor matters relating to Safeguards provided for STs under the Constitution or under other laws or under Govt. Order, to evaluate the working of such Safeguards.

2. To inquire into specific complaints relating to Rights & Safeguards of STs;

3. To participate and Advise in the Planning Process relating to Socio-economic development of STs, and to Evaluate the progress of their development under the Union and any State;

4. To submit report to the President annually and  at such other times as the Commission may  deem  fit, upon/ working of Safeguards, Measures required for effective implementation of Programmers/ Schemes relating to Welfare and Socio-economic development of STs;

5. To discharge such other functions in relation to STs as the President may, subject to the provisions of any law made by Parliament, by rule specify;

6. The Commission would also discharge the following other functions in relation to the protection, welfare and development & advancement of the Scheduled Tribes, namely:-

(6) (i)  Measures that need to be taken over conferring ownership rights in respect of minor forest produce to the Scheduled Tribes living in forest areas.

(6) (ii) Measures to be taken to safeguard rights to the Tribal Communities over mineral resources, water resources etc. as per law.

(6) (iii) Measures to be taken for the development of tribals and to work for move viable livelihood strategies.

(6) (iv) Measures to be taken to improve the efficacy of relief and rehabilitation measures for tribal groups displaced by development projects.

(6) (v)  Measures to be taken to prevent alienation of tribal people from land and to effectively rehabilitate such people in whose case alienation has already taken place.

(6) (vi) Measures to be taken to elicit maximum cooperation and involvement of Tribal Communities for protecting forests and undertaking social afforestation.

(6) (vii) Measures to be taken to ensure full implementation of the Provisions of Panchayats (Extension to the Scheduled Areas) Act, 1996 (40 of 1996).

(6) (viii) Measures to be taken to reduce and ultimately eliminate the practice of shifting cultivation by Tribals that lead to their continuous disempowerment and degradation of land and the environment.

(6) (ix) Copy of Ministry of Tribal Affairs notification dated 23.08.2005 regarding the extended terms of reference of NCST

(6) (x) NCST letter dated 21/10/2008 to MTA furnishing detailed proposal for strengthening of NCST

(6) (xi) D.O. Letter dated 13/01/2011 from Chairperson NCST to the Minister for Tribal Affairs

(6) (xii) UO dated 24/05/2010 from PMO to Ministry of Tribal Affairs regarding action to be taken on important pending issues

(6) (xiii) D.O letter dated 05/03/2010 from VC, NCST to Minister to Minister for Tribal Affairs for resolving critical issues involved in efficient performance of NCST

Powers of the Commission

(Under Clause (8) of Art. 338A)

1. For Investigation and Inquiry, the Commission is vested with powers of a civil court having authority to:

(1) a. Summon and enforce attendance of any person and examine on oath;

(1) b. Discovery & production of any documents;

(1) c. Receive evidence on affidavits;

(1) d. Requisition any public record or copy thereof from any court or office;

(1) e. Issue Commissions for examination of witnesses and documents; and

(1) f. Any matter which President, by rule, may determine.

2. Copy of order dated 05.02.1996 of Ministry of Welfare regarding grant of power of Dept. of Central Govt to NCSC & NCSTs

3. Department of Personnel & Training O.M. No. 36036/2/97-Estt (Res) dated 01/01/1998

4. D.O. letter dated 05/03/2010 from VC, NCST to Minister for Tribal Affairs for resolving critical issues involved in efficient performance of the NCST

Constitutional Provisions for Protection and Development of Scheduled Castes

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Social Safeguards

Articles 17, 23,24 and 25 (2) (b) of the Constitution enjoins the State to provide social safeguards to Scheduled Castes. Article 17 relates to abolition of untouchability being practiced in society. The Parliament enacted the Protection of Civil Rights Act, 1955 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to tackle the problem of untouchability, which is being practiced against Scheduled Castes.

Article 23 prohibits traffic in human beings and ‘begar’ and other similar forms of forced labour and provides that any contravention of this provision shall be an offence punishable in accordance with law. Although there is no specific mentions about the Scs in this Article but majority of the bonded labour come from SCs. Thus, this Article has a special significance for them. The Parliament enacted Bonded Labour System (Abolition) Act, 1976 for identification, liberation and rehabilitation of bonded labourers.

Article 24 provides that no child below the age of 14 years shall be employed to work in any factory or mine or engaged in any other hazardous employment. Even in this Article, there is no specific mention about the SCs but substantial portion of child labour engaged in hazardous employment belong to SCs.

Article 25 (2) (b) provides that Hindu religious institutions of a public character shall be opened to all classes and sections of Hindus. The term Hindu includes persons professing Sikh, Jain and Buddhist religion.

Economic Safeguards

Article 23, 24 and 46 form part of the economic safeguards for the Scheduled Castes and Scheduled Tribes. The provisions of Articles 23 and 24 have already been discussed in earlier paragraphs.

Article 46 provides, “The State shall promote with special care the educational and economic interests of the weaker sections of the people, and in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them fromsocial injustice and all forms of exploitation.

Educational and Cultural Safeguards

Article 15 (4) empowers the State to make special provisions for the advancement of any socially and educationally backward classes of citizens and for SCs. This provisions has enabled the State to reserve seats for SCs in educational institutions in general and professional courses etc.

Political Safeguards

Reservation of seats for SCs/STs in the local bodies of the States/UTs, Legislative Assemblies of the State and in Parliament are provided in the Constitution of India in Atciles 243D, 243T, 330, 332 and 334.

Service Safeguards

Service Safeguards are contained in Articles 16 (4), 16 (4A) and 335.

Article 164 in The Constitution of India 1949

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164. Other provisions as to Ministers

(1) The chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor: Provided that in the State of Bihar, Madhya Pradesh and Orissa, 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

(2) The Council of Ministers shall be collectively responsible to the Legislative Assembly of the State

(3) Before a Minister enters upon his office, the Governor shall administer so him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule

(4) A Minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minister

(5) The salaries and allowances of Ministers shall be such as the Legislature of the State may from time to time by law determine and, until the Legislature of the State so determines, shall be as specified in the Second Schedule The Advocate General for the State

Article 371F in The Constitution of India 1949

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371F. Special provisions with respect to the State of Sikkim Notwithstanding anything in this Constitution,

(a) the Legislative Assembly of the State of Sikkim shall consist of not less than thirty members;

(b) as from the date of commencement of the Constitution (Thirty sixth Amendment) Act, 1975 , (hereafter in this article referred to as the appointed day)

(b) (i) the Assembly for Sikkim formed as a result of the elections held in Sikkim in April, 1974 with thirty two members elected in the said elections (hereinafter referred to as the sitting members) shall be deemed to be the Legislative Assembly of the State of Sikkim duly constituted under this Constitution;

(b) (ii) the sitting members shall be deemed to be the members of the Legislative Assembly of the State of Sikkim duly elected under this Constitution; and

(b) (iii) the said Legislative Assembly of the State of Sikkim shall exercise the powers and perform the functions of the Legislative Assembly of a State under this Constitution;

(c) in the case of the Assembly deemed to be the Legislative Assembly of the State of Sikkim under clause (b), the references to the period of five years in clause ( 1 ) of Article 172 shall be construed as references to a period of four years and the said period of four years shall be deemed to commence from the appointed day;

(d) until other provisions are made by Parliament by law, there shall be allotted to the State of Sikkim one seat in the House of the People and the State of Sikkim shall form one parliamentary constituency to be called the parliamentary constituency for Sikkim;

(e) the representative of the State of Sikkim in the House of the People in existence on the appointed day shall be elected by the members of the Legislative Assembly of the State of Sikkim;

(f) Parliament may, for the purpose of protecting the rights and interests of the different sections of the population of Sikkim make provision for the number of seats in the Legislative Assembly of the State of Sikkim which may be filled by candidates belonging to such sections and for the delimitation of the assembly constituencies from which candidates belonging to such sections alone may stand for election to the Legislative Assembly of the State of Sikkim;

(g) the Governor of Sikkim shall have special responsibility for peace and for an equitable arrangement for ensuring the social and economic advancement of different sections of the population of Sikkim and in the discharge of his special responsibility under this clause, the Governor of Sikkim shall, subject to such directions as the President may, from time to time, deem fit to issue, act in his discretion;

(h) all property and assets (whether within or outside the territories comprised in the State of Sikkim) which immediately before the appointed day were vested in the Government of Sikkim or in any other authority or in any person for the purposes of the Government of Sikkim shall, as from the appointed day, vest in the Government of the State of Sikkim;

(i) the High Court functioning as such immediately before the appointed day in the territories comprised in the State of Sikkim shall, on and from the appointed day, be deemed to be the High Court for the State of Sikkim;

(j) all courts of civil, criminal and revenue jurisdiction, all authorities and all officers, judicial, executive and ministerial, throughout the territory of the State of Sikkim shall continue on and from the appointed day to exercise their respective functions subject to the provisions of this Constitution;

(k) all laws in force immediately before the appointed day in the territories comprised in the State of Sikkim or any part thereof shall continue to be in force therein until amended or repealed by a competent legislature or other competent authority;

(l) for the purpose of facilitating the application of any such law as is referred to in clause (k) in relation to the administration of the State of Sikkim and for the purpose of bringing the provisions of any such law into accord with the provisions of this Constitution, the President may, within two years from the appointed day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon, every such law shall have effect subject to the adaptations and modifications so made, and any such adaptation or modification shall not be questioned in any court of law;

(m) neither the Supreme Court nor any other court shall have jurisdiction in respect of any dispute or other matter arising out of any treaty, agreement, engagement or other similar instrument relating to Sikkim which was entered into or executed before the appointed day and to which the Government of India or any of its predecessor Governments was a party, but nothing in this clause shall be construed to derogate from the provisions of Article 143;

(n) the President may, by public notification, extend with such restrictions or modifications as he thinks fit to the State of Sikkim any enactment which is in force in a State in India at the date of the notification;

(o) if any difficulty arises in giving effect to any of the foregoing provisions of this article, the president may, by order, do anything (including any adaptation or modification of any other article) which appears to him to be necessary for the purpose of removing that difficulty: Provided that no such order shall be made after the expiry of two years from the appointed day;

(p) all things done and all actions taken in or in relation to the State of Sikkim or the territories comprised therein during the period commencing on the appointed day and ending immediately before the date on which the Constitution (Thirty sixth Amendment) Act, 1975 , be deemed for all purposes to have been validly done or taken under this Constitution as so amended

Article 371C in The Constitution of India 1949

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371C. Special provision with respect to the State of Manipur

(1) Notwithstanding anything in this Constitution, the President may, by order made with respect to the State of Manipur, provide for the constitution and functions of a committee of the Legislative Assembly of the State consisting of members of that Assembly elected from the Hill Areas of that State, for the modifications to be made in the rules of business of the Government and in the rules of procedure of the Legislative Assembly of the State and for any special responsibility of the Governor in order to secure the proper functioning of such committee

(2) The Governor shall annually, or whenever so required by the President, make a report to the President regarding the administration of the Hill Areas in the State of Manipur and the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said areas Explanation In this article, the expression Hill Areas means such areas as the President may, by order, declare to be Hill Areas

Article 371B in The Constitution of India 1949

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371B. Special provision with respect to the State of Assam Notwithstanding anything in this Constitution, the President may, by order made with respect to the State of Assam, provide for the constitution and functions of a committee of the Legislative Assembly of the State consisting of members of that Assembly elected from the tribal areas specified in Part I of the table appended to paragraph 20 of the Sixth Schedule and such number of other members of that Assembly as may be specified in the order and for the modifications to be made in the rules of procedure of that Assembly for the constitution and proper functioning of such committee

Article 371A in The Constitution of India 1949

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371A. Special provision with respect to the State of Nagaland

(1) Notwithstanding anything in this Constitution,

(1) (a) no Act of Parliament in respect of

(1) (a) (i) religious or social practices of the Nagas,

(1) (a) (ii) Naga customary law and procedure,

(1) (a) (iii) administration of civil and criminal justice involving decisions according to Naga customary law,

(1) (a) (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;

(1) (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 law and order in the State of Nagaland, he may by order direct that the Governor shall cease to have such responsibility with effect from such date as may be specified in the order;

(1) (c) in making his recommendation with respect to any demand for a grant, the Governor of Nagaland shall ensure that any money provided by the Government of India out of the Consolidated Fund of India for any specific service or purpose is included in the demand for a grant relating to that service or purpose and not in any other demand;

(1) (d) as from such date as the Governor of nagaland may by public notification in this behalf specify, there shall be estalished a regional council for the Tuensang district consisting of thirty five members and the Governor shall in his discretion make rules providing for

(1) (d) (i) the composition of the regional council and the manner in which the members of the regional council shall be chosen: Provided that the Deputy Commissioner of the Tuensang district shall be the Chairman ex officio of the regional council and the Vice Chairman of the regional council shall be elected by the members thereof from amongst themselves;

(1) (d) (ii) the qualifications for being chosen as, and for being, members of the regional council;

(1) (d) (iii) the term of office of, and the salaries and allowances, if any, to be paid to members of, the regional council;

(1) (d) (iv) the procedure and conduct of business of the regional council;

(1) (d) (v) the appointment of officers and staff of the regional council and their conditions of services; and

(1) (d) (vi) any other matter in respect of which it is necessary to make rules for the constitution and proper functioning of the regional council

(2) Notwithstanding anything in this Constitution, for a period of ten years from the date of the formation of the State of Nagaland or for such further period as the Governor may, on the recommendation of the regional council, by public notification specify in this behalf,

(2) (a) the administration of the Tuensang district shall be carried on by the Governor;

(2) (b) where any money is provided by the Government of India to the Government of Nagaland to meet the requirements of the State of nagaland as a whole, the Governor shall in his discretion arrange for an equitable allocation of that money between the Tuensang district and the rest of the State;

(2) (c) no Act of the Legislature of Nagaland shall apply to the Tuensang district unless the Governor, on the recommendation of the regional council, by public notification so directs and the Governor in giving such direction with respect to any such Act may direct that the Act shall in its application to the Tuensang district or any part thereof have effect subject to such exceptions or modifications as the Governor may specify on the recommendation of the regional council: Provided that any direction given under this sub clause may be given so as to have retrospective effect;

(2) (d) the Governor may make regulations for the peace, progress and good government of the Tuensang district and any regulations so made may repeal or amend with retrospective effect, if necessary, any Act of Parliament or any other law which is for the time being applicable to that district;

(2) (e) –

(2) (e) (i) one of the members representing the Tuensang district in the Legislative Assembly of nagaland shall be appointed Minister for Tuensang affairs by the Governor on the advice of the Chief Minister and the Chief Minister in tendering his advice shall act on the recommendation of the majority of the members as aforesaid;

(2) (e) (ii) the Minister for Tuensang affairs shall deal with, and have direct access to the Governor on, all matters relating to the Tuensang district but he shall keep the Chief Minister informed about the same;

(2) (f) notwithstanding anything in the foregoing provisions of this clause, the final decision on all matters relating to the Tuensang district shall be made by the Governor in his discretion;

(2) (g) in articles 54 and 55 and clause ( 4 ) of Article 80, references to the elected members of the Legislative Assembly of a State or to each such member shall include references to the members or member of the Legislative Assembly of Nagaland elected by the regional council established under this article;

(2) (h) in Article 170

(2) (h) (i) clause ( 1 ) shall, in relation to the Legislative Assembly of Nagaland, have effect as if for the word sixty, the words forty six had been substituted;

(2) (h) (ii) in the said clause, the reference to direct election from territorial constituencies in the State shall include election by the members of the regional council established under this article;

(2) (h) (iii) in clauses ( 2 ) and ( 3 ), references to territorial constituencies shall mean references to territorial constituencies in the Kohima and Mokokchung districts