SECOND SCHEDULE¹

(Section 6)

Provisions of the Act which may be amended without affecting the Accession of a State

Part I.--In so far it relates to the Commander-in-Chief.

Part II, chapter II.--Save with respect to the exercise by the Governor-General on behalf of His Majesty of the executive authority of the Federation, and the definition of the functions of the Governor-General; the executive authority of the Federation; the function of the council of ministers, and the choosing and summoning of ministers and their tenure of office; the power of the Governor-General to decide whether he is entitled to act in his discretion or exercise his individual judgment; the functions of the Governor-General with respect to external affairs and defence; the special responsibilities' of the Governor-General relating to the peace or tranquillity of India or any part thereof, the financial stability and credit of the Federal Government, the right of Indian States and the rights and dignity of their Rulers, and the discharge of his functions by or under the Act in his discretion or in the exercise of his individual judgment; His Majesty's instrument of Instructions to the Governor-General; the superintendence of the Secretary of State, and the making of rules by the Governor- General in his discretion for the transaction of, and the securing of transmission to him of information with respect to, the business of the Federal Government. Part II, Chapter III,--Save with respect to the number of the representatives of British India and of the Indian States in the Council of State and the Federal Assembly and the manner in which the representatives of Indian States are to be chosen; the disqualifications for membership of a Chamber of the Federal Legislature in relation to the representatives of the States; the procedure for the introduction and passing a of Bills joint sittings of the two Chambers, the assent to Bills, or the withholding assent from Bills, by the Governor-General; the reservation of bills for the signification of His Majesty's pleasure; the animal financial statement the charging on the reveunes of the Federation of the salaries, allowances and pensions payable to or in respect of judges of the Federal Court, of expenditure for the purpose of the discharge by the Governor-General of his functions with respect to external affaire, defence, and the administration of any territory in the direction and control of which he is required to act in his discretion and of the sums payable to His Majesty in respect of the expenses incurred in discharging the functions of the Crown in its relations with Indian States; the procedure with respect to estimates and demands for grants; supplementary financial statements; the making of rules by the Governor-General for regulating the procedure of, and the conduct of business in the Legislature in relation to matters where he acts in his discretion or exercises his individual judgment, and for prohibiting the discusion of, or the asking of questions on, any matter connected with or the personal conduct of the Ruler or ruling family of any Indian State; the making of rules by the Governor-General as to the procedure with respect to joint sittings of, and communication between, the two chambers and the protection of judges of the Federal Court and State High Courts from discussion in the Legislature of their conduct.

Part II, chapter IV.--Save with respect to the power of the Governor-General to promulgation ordinances in his discretion or in the exercise of his individual judgment, or to enact Governor-General's Acts. Part III, chapter I.--The whole chapter.

Part III, chapter II.--Save with respect to the special responsibilities of the Governor relating to the rights of Indian States and the rights and dignity of the of Rulers thereof and to the execution of orders or directions of the Governor-General, and the superintendence of the Governor-General in relation to those responsibilities.

Part III, chapter III.--Save with respect to the making of rules bv the Governor for prohibiting the discussion of, or the asking of questions on, any matter connected with or the personal conduct of the Ruler or ruling family of any Indian State, and the protection of judges of the Federal Court and State High Courts from discussion in the Legislature of their conduct.

Part III, chapter IV.--The whole chapter.

Part III, chapter V.--The whole chapter.

Part III, chapter VI.--The whole chapter.

Part IV.--The whole Part.

Part V, chapter I.--Save with 'respect to the power of the Federal Legislature to make laws for a State; the power of the Governor-General to empower either the Federal Legislature or Provincial Legislature to enact a law with respect to any matter not enumerated in any of the Lists in the Seventh Schedule to this Act; any power of a State to repeal a Federal law, and the effect of inconsistencies between a Federal law and a State law.

Part V, chapter II.--Save with respect to the previous sanction of the Governor-General to the introduction or moving of any Bill or amendment affecting matters as respects which the Governor-General is required to act in his discretion; the power of Parliament to legislate for British India or any part thereof, or the restrictions on the power of the Federal Legislature and of Provincial Legislatures to make laws on certain matters.

Part V. chapter III.--The whole chapter.

Part VI.--Save in so far as the provisions of that Part relate to Indian States, or empower the Governor-General to issue orders to the Governor of a Province for preventing any grave menace to the place or tranquility of India or any part thereof.

Part VII. chapter I.--In so far as it relates to Burma.

Part VII, chapter II.--Save with respect to loans and guarantees to Federated States and the appointment, removal and conditions of service of the Auditor-General. Part VII, chapter III.--Save in so far as it affects suits against the Federation by a Federated State.

Part VIII.--Save with respect to the constitution and functions of the Federal Railway Authority; the conduct of business between the Authority and the Federal Government, and the Railway Tribunal and any matter with respect to which it has jurisdiction.

Part IX, chapter I.--In so far as it relates to appeals to the Federal Court from High Courts in British Indian the power of the Federal Legislature to confer further powers upon the Federal Court for the purpose of enabling it more effectively to exercise the powers conferred upon it by this Act.

Part IX, chapter II.--The whole chapter.

Part X.--Save with respect to the eligibility of Rules and subjects of Federated States for civil Federal office.

Part XI.--The whole Part.

Part XII.--Save with respect to the saving for rights and obligations of the Crown in its relation with Indian States; the use of His Majesty's forces in connection with the discharge of the function of the Crown in its said relations; the limitation in relation to Federated States of His Majesty's power to adapt and modify existing Indian laws: His Majesty's powers and jurisdiction in Federated States, and resolutions of the Federal Legislature or any Provincial legislature recommending amendments of this Act or Orders in Council made thereunder; and save also the provisions relating to the interpretation of this Act so far as they apply to provisions of this Act which may not be amended without affecting the accession of a State.

Part XIII.--The whole Part.

First Schedule.--The whole Schedule, except Part II thereof.

Fourth Schedule.--Save with respect to the oath or affirmation to be taken or made by the Ruler or subject of an Indian State.

Fifth Schedule.--The whole Schedule.

Sixth Schedule.--The whole Schedule.

Seventh Schedule.--Any entry in the Legislative Lists in so far as the matters to which it relates have not been accepted by the State in question as matters with respect to which the Federal Legislature may make laws for that State.

Eighth Schedule.--The whole Schedule.

Ninth Schedule.--The whole Schedule.

Tenth Schedule.--The whole Schedule.

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1. Omitted by the India (Provisional Constitution) Order, 1947.