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Constitution of India Constitution Order 38 - Bare Act

StateCentral Government
Section TitleConstitution (Removal of Difficulties) Order, No. Ix
Act Info:

C.O. 38

Datedthe 19th February, 1952


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. IX.

(2)It shall be deemed to have come into force on the 7th day of November, 1951.

2.For the period of eight years from the 7th day of November, 1951, the SecondSchedule to the Constitution of India shall have effect subject to the followingadaptation, namely :--

"Forsub-paragraph (3) of paragraph 9, the following sub-para-graph shall besubstituted, namely :--

'(3)Nothing in sub-paragraph (2) of this paragraph shall apply to a Judge who,immediately before the commencement of this Constitution, was holding office asa Judge of the Federal Court and has on such commencement become a Judge ofthe Supreme Court under clause (1) of article 374, during the period he holdsoffice as a Judge, other than the Chief Justice of that Court ; and every suchJudge shall, in respect of time spent on actual service as a Judge other thanthe Chief Justice, or if appointed to be, or to act as, Chief Justice, inrespect of time spent on actual service as such Chief Justice, be entitled toreceive, in addition to the salary specified in sub-paragraph (1) of thisparagraph as special pay an amount equivalent to the difference between thesalary so specified and the salary payable to him as a Judge of the FederalCourt immediately before the commencement of this Constitution.'"

3.Sub-paragraph (1) of paragraph 2 of the Constitution (Removal of Difficulties)Order No. IV 1 shall be omitted.


1.C. O. 16, Supra.

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