C.O. 37

Datedthe 13th February, 1952

THECONSTITUTION (REMOVAL OF DIFFICULTIES) ORDER NO. II (FIFTH AMENDMENT) ORDER

Inexercise of the powers conferred by clause (1) of article 392 of theConstitution of India, the President is pleased to make the following Order,namely :--

1.(1) This Order may be called the Constitution (Removal of Difficulties) OrderNo. II ¹ (Fifth Amendment) Order.

(2)It shall be deemed to have come into force on the first day of January, 1952.

2.In Part I of the Schedule to the Constitution (Removal of Difficulties) OrderNo. II. in the list of adaptations relating to article 101, for the firstadaptation, the following adaptation shall be substituted, namely :--

Inclause (3), after "member" insert "of the provisional Parliament or"and For "the Chairman or the Speaker, as the case may be" substitute "theSpeaker of the provisional Parliament".

3.In Part II of the Schedule to the Constitution (Removal of Difficulties) OrderNo. II, after the entry relating to article 182, the following entry shall beinserted, namely '--

"190.To clause (3), add--

"Inthe application of this clause to a person who is chosen a member of a House ofthe Legislature of a State at the first elections held under this Constitution,the expression" the Speaker or the Chairman, as the case may be--means theSpeaker of the Legislative Assembly or the Chairman of the Legislative Council,as the case may be, of that State functioning under the provisions of Part XXI.'"

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1.O. 4, supra.