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Part VI

Article 237

Application of the provisions of this Chapter to certain class or classes of magistrates

The Governor may by public notification direct that the foregoing provisions of this Chapter and any rules made thereunder shall with effect from such date as may be fixed by him in that behalf apply in relation to any class or classes of magistrates in the State as they apply in relation to persons appointed to the judicial service of the State subject to such exceptions and modifications as may be specified in the notification.

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Article 237, Constitution of India 1950

The Governor may by public notification direct that the foregoing provisions of this Chapter and any rules made thereunder shall with effect from such date as may be fixed by him in that behalf apply in relation to any class or classes of magistrates in the State as they apply in relation to persons appointed to the judicial service of the State subject to such exceptions and modifications as may be specified in the notification.

Summary

Draft Article 209E (Article 237) was discussed on 16 September 1949. It was not initially included in the Draft Constitution, 1948. Instead, the Chairman of the Drafting Committee proposed to insert the following as Draft Article 209E:

“The Governor may by public notification direct that the foregoing provisions of this Chapter and any rules made thereunder shall with effect from such date as may be fixed by him in this behalf apply in relation to any class or classes of magistrates in the State as they apply in relation to persons appointed to the judicial service of the State subject to such exceptions and modifications as may be specified in the notification.”

The Draft Article allowed the Governor to make Chapter VI applicable to any class or classes of magistrates.

A member proposed that after the words ‘may’, where it occurs for the first time, the words ‘at any time’ be inserted. This was rejected without debate.

Another member proposed to amend the Article to ensure that its provisions were implemented within five years. This amendment was also rejected without debate.

Draft Article 209E was adopted on 16 September 1949.