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Constitution Order 1 - Constitution (Removal of Difficulties) Order, No. 1 in Constitution of India, 1950

snapp 1 COI 1950 0 Notes
Constitution Order 1 of Constitution of India, 1950

Constitution (Removal of Difficulties) Order, No. 1.

No. C.O.1, dated the 7th January, 1950

THE CONSTITUTION (REMOVAL OF DIFFICULTIES) ORDER, NO. I.

In exercise of the powers conferred by clauses (1) and (3) of article 392 of the Constitution of India, the Governor-General is pleased to make the following Order, namely: --

(1) This Order may be called the Constitution (Removal of Difficulties) Order, No. 1.

(2) It shall come into force at once.

2. During the period of six months from the commencement of this Order, the Constitution of India shall have effect subject to the following adaptations: --

(1) To article 379, the following clause shall be added, namely: --

"(6) Notwithstanding anything in this Constitution the Governor-General of the Dominion of India may, at any time before the commencement of this Constitution, summon the provisional Parliament to meet after such commencement for the first session at such time and place as he thinks fit."

(2) For clause (1) of article 380, the following clause shall be Substituted, namely: --

"(1) Until a President has been elected in Accordance with the provisions contained in Chapter I of Part V and has entered upon his office, such person as the Constituent Assembly of the Dominion of India shall have elected in that behalf in accordance with such rules as may be made by the President of that Assembly shall be the President of India; and the person so elected shall, before entering upon his office, make and subscribe the oath or affirmation prescribed in article 60 in the presence of the Chief Justice of India or, in his absence, the senior most Judge of the Supreme Court available, notwithstanding that such Chief Justice or Judge has not made and subscribed the oath or affirmation prescribed under clause (6) of article 124."

(3) Article 383 shall be renumbered as clause (1) of that article and the following clause shall be added thereto, namely: --

"(2) Any such person as aforesaid shall, before entering upon the office of the Governor of the State, make and subscribe the oath or affirmation prescribed in article 159 in the presence of the Chief Justice of the High Court for that State or, in his absence, the senior most Judge of that Court available; notwithstanding that such Chief Justice or Judge has not made and subscribed the oath or affirmation prescribed under article 219."

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