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Querist : Anonymous (Querist) 29 December 2010 This query is : Resolved
Why the amendments were necessary, can the Respected Experts provide me the details?

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Gulshan Tanwar (Expert) 29 December 2010
94, the reasons are being again told and now this time I am giving them one by one. This is third time the same question had been asked but still being Expert I am again providing you the same.

THE CONSTITUTION (FIRST AMENDMENT) ACT, 1951

Statement of Objects and Reasons appended to the Constitution (First Amendment) Bill, 1951 which was enacted as the Constitution (First Amendment) Act, 1951

STATEMENT OF OBJECTS AND REASONS

During the last fifteen months of the working of the Constitution, certain difficulties have been brought to light by judicial decisions and pronouncements specially in regard to the chapter on fundamental rights. The citizen's right to freedom of speech and expression guaranteed by article 19(1)(a) has been held by some courts to be so comprehensive as not to render a person culpable even if he advocates murder and other crimes of violence. In other countries with written constitutions, freedom of speech and of the press is not regarded as debarring the State from punishing or preventing abuse of this freedom. The citizen's right to practise any profession or to carry on any occupation, trade or business conferred by article 19(1)(g) is subject to reasonable restrictions which the laws of the State may impose "in the interests of general public". While the words cited are comprehensive enough to cover any scheme of nationalisation which the State may undertake, it is desirable to place the matter beyond doubt by a clarificatory addition to article 19(6). Another article in regard to which unanticipated difficulties have arisen is article 31. The validity of agrarian reform measures passed by the State Legislatures in the last three years has, in spite of the provisions of clauses (4) and (6) of article 31, formed the subject-matter of dilatory litigation, as a result of which the implementation of these
important measures, affecting large numbers of people, has been held up.

The main objects of this Bill are, accordingly to amend article 19 for the purposes indicated above and to insert provisions fully securing the constitutional validity of zamindari abolition laws in general and certain specified State Acts in particular. the opportunity has been taken to propose a few minor amendments to other articles in order to remove difficulties that may arise.

It is laid down in article 46 as a directive principle of State policy that the State should promote with special care the educational and economic interests of the weaker sections of the people and protect them from social injustice. In order that any special provision that the State may make for the educational, economic or social advancement of any backward class of citizens may not be challenged on the ground
of being discriminatory, it is proposed that article 15(3) should be suitably amplified. Certain amendments in respect of articles dealing with the convening and proroguing of the sessions of Parliament have been found necessary and are also incorporated in this Bill. So also a few minor amendments in respect of articles 341, 342, 372 and 376.

New Delhi; JAWAHARLAL NEHRU. The 10th May, 1951.

THE CONSTITUTION (FIRST AMENDMENT) ACT, 1951
[18th June,1951.]

An Act to amend the Constitution of India.

BE it enacted by Parliament as follows:-

1. Short title.-This Act may be called the Constitution (First
Amendment) Act, 1951.

2. Amendment of article 15.-To article 15 of the Constitution, the
following clause shall be added:-

"(4) Nothing in this article or in clause (2) of article 29 shall pre-
vent the State from making any special provision for the advancement
of any socially and educationally backward classes of citizens or for
the Scheduled Castes and the Scheduled Tribes.".

3. Amendment of article 19 and validation of certain laws.-(1) In
article 19 of the Constitution,-

(a) for clause (2), the following clause shall be substituted, and the
said clause shall be deemed always to have been enacted in the
following form, namely:---

"(2) Nothing in sub-clause (a) of clause (1) shall affect the
operation of any existing law, or prevent the State from making any
law, in so far as such law imposes reasonable restrictions on the
exercise of the right conferred by the said sub-clause in the
interests of the security of the State, friendly relations with
foreign States, public order, decency or morality, or in relation to
contempt of court, defamation or incitement to an offence.";

(b) in clause (6), for the words beginning with the words "nothing in
the said sub-clause" and ending with the words "occupation, trade or
business", the following shall be substituted, namely:-

"nothing in the said sub-clause shall affect the operation of any
existing law in so far as it relates to, or prevent the State from
making any law relating to-

(i) the professional or technical qualifications necessary for
practising any profession or carrying on any occupation, trade or
business, or

(ii) the carrying on by the State, or by a corporation owned or
controlled by the State, of any trade, business, industry or service,
whether to the exclusion, complete or partial, of citizens or
otherwise".

(2) No law in force in the territory of India immediately before the
commencement of the Constitution which is consistent with the
provisions of article 19 of the Constitution as amended by sub-section
(1) of this section shall be deemed to be void, or over to have become
void, on the ground only that, being a law which takes away or
abridges the right conferred by sub-clause (a) of clause (1) of the
said article, its operation was not saved by clause (2) of that
article as originally enacted.

Explanation.-In this sub-section, the expression "law in force" has
the same meaning as in clause (1) of article 13 of the Constitution.

4. Insertion of new article 31A.-After article 31 of the
Constitution, the following article shall be inserted, and shall be
deemed always to have been inserted, namely:-

"31A. Saving of laws providing for acquisition of estates, etc.-(1)
Notwithstanding anything in the foregoing provisions of this Part, no
law providing for the acquisition by the State of any estate or of any
rights therein or for the extinguishment or modification of any such
rights shall be deemed to be void on the ground that it is
inconsistent with, or takes away or abridges any of the rights
conferred by, any provisions of this Part:

Provided that where such law is a law made by the Legislature of a
State, the provisions of this article shall not apply thereto unless
such law, having been reserved for the consideration of the President,
has received his assent.

(2) In this article,-

(a) the expression "estate" shall, in relation to any local area, have
the same meaning as that expression or its local equivalent has in the
existing law relating to land tenures in force in that area, and shall
also include any jagir, inam or muafi or other similar grant;

(b) the expression "rights", in relation to an estate, shall include
any rights vesting in a proprietor, sub-proprietor, under-proprietor,
tenure-holder or other intermediary and any rights or privileges in
respect of land revenue.".

5. Insertion of new article 31B.-After article 31A of the
Constitution as inserted by section 4, the following article shall be
inserted, namely:-

"31B. Validation of certain Acts and Regulations.-Without prejudice
to the generality of the provisions contained in article 31A, none of
the Acts and Regulations specified in the Ninth Schedule nor any of
the provisions thereof shall be deemed to be void, or ever to have
become void, on the ground that such Act, Regulation or provision is
inconsistent with, or takes away or abridges any of the rights
conferred by, any provisions of this Part, and notwithstanding any
judgment, decree or order of any court or tribunal to the contrary,
each of the said Acts and Regulations shall, subject to the power of
any competent Legislature to repeal or amend it, continue in force.".

6. Amendment of article 85.-For article 85 of the Constitution, the
following article shall be substituted, namely:-

"85. Sessions of Parliament, prorogation and dissolution.-(1) The
President shall from time to time summon each House of Parliament to
meet at such time and place as he thinks fit, but six months shall not
intervene between its last sitting in one session and the date
appointed for its first sitting in the next session.

(2) The President may from time to time-

(a) prorogue the Houses or either House;

(b) dissolve the House of the People.".

7. Amendment of article 87.-In article 87 of the Constitution,-

(1) in clause (1), for the words "every session", the words "the first
session after each general election to the House of the People and at
the commencement of the first session of each year" shall be
substituted;

(2) in clause (2), the words "and for the precedence of such
discussion over other business of the House" shall be omitted.

8. Amendment of article 174.-For article 174 of the Constitution, the
following article shall be substituted, namely:-

"174. Sessions of the State Legislature, prorogation and
dissolution.-(1) The Governor shall from time to time summon the House
or each House of the Legislature of the State to meet at such time and
place as he thinks fit, but six months shall not intervene between its
last sitting in one session and the date appointed for its first
sitting in the next session.

(2) The Governor may from time to time-

(a) prorogue the House or either House;

(b) dissolve the Legislative Assembly.".

9. Amendment of article 176.-In article 176 of the Constitution,-

(1) in clause (1), for the words "every session", the words "the first
session after each general election to the Legislative Assembly and at
the commencement of the first session of each year" shall be
substituted;

(2) in clause (2), the words "and for the precedence of such
discussion over other business of the House" shall be omitted.

10. Amendment of article 341.-In clause (1) of article 341 of the
Constitution, for the words "may, after consultation with the Governor
or Rajpramukh of a State,", the words "may with respect to any State,
and where it is a State specified in Part A or Part B of the First
Schedule, after consultation with the Governor or Rajpramukh thereof,"
shall be substituted.

11. Amendment of article 342.-In clause (1) of article 342 of the
Constitution, for the words "may, after consultation with the Governor
or Rajpramukh of a State,", the words "may with respect to any State,
and where it is a State specified in Part A or Part B of the First
Schedule, after consultation with the Governor or Rajpramukh thereof,"
shall be substituted.

12. Amendment of article 372.-In sub-clause (a) of clause (3) of
article 372 of the Constitution, for the words "two years", the words
"three years" shall be substituted.

13. Amendment of article 376.-At the end of clause (1) of article 376
of the Constitution, the following shall be added, namely:---

"Any such Judge shall, notwithstanding that he is not a citizen of
India, be eligible for appointment as Chief Justice of such High
Court, or as Chief Justice or other Judge of any other High Court.".

14. Addition of Ninth Schedule.-After the Eighth Schedule to the
Constitution, the following Schedule shall be added, namely:-

"NINTH SCHEDULE
[Article 31B]

1. The Bihar Land Reforms Act, 1950 (Bihar Act XXX of 1950).

2. The Bombay Tenancy and Agricultural Lands Act, 1948 (Bombay Act
LXVII of 1948).

3. The Bombay Maleki Tenure Abolition Act, 1949 (Bombay Act LXI of
1949).

4. The Bombay Taluqdari Tenure Abolition Act, 1949 (Bombay Act LXII
of 1949).

5. The Panch Mahals Mehwassi Tenure Abolition Act, 1949 (Bombay Act
LXIII of 1949).

6. The Bombay Khoti Abolition Act, 1950 (Bombay Act VI of 1950).

7. The Bombay Paragana and Kulkarni Watan Abolition Act, 1950 (Bombay
Act LX of 1950).

8. The Madhya Pradesh Abolition of Proprietary Rights (Estates,
Mahals, Alienated Lands) Act, 1950 (Madhya Pradesh Act I of 1951).

9. The Madras Estates (Abolition and Conversion into Ryotwari) Act,
1948 (Madras Act XXVI of 1948).

10. The Madras Estates (Abolition and Conversion into Ryotwari)
Amendment Act, 1950 (Madras Act I of 1950).

11. The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950
(Uttar Pradesh Act I of 1951).

12. The Hyderabad (Abolition of Jagirs) Regulation, 1358F. (No.
LXIX of 1358, Fasli).

13. The Hyderabad Jagirs (Commutation) Regulation, 1359F. (No. XXV
of 1359, Fasli).".

{}

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (SECOND AMENDMENT) ACT, 1952

Statement of Objects and Reasons appended to THE CONSTITUTION (Second Amendment) Bill, 1952 which was enacted as the the Constitution (Second Amendment) Act, 1952

STATEMENT OF OBJECTS AND REASONS

Article 81(1)(a) prescribes an absolute limit of 500 elected members in the House of the People. Article 81(1)(b) provides that the States shall be divided, grouped or formed into territorial constituencies and the number of members to be allotted to each such constituency shall be so determined as to ensure that there shall be not less than one member for every 750,000 of the population and not more than one member for every 500,000 of the population.

The present delimitation of Parliamentary and Assembly constituencies is based on the estimates of population which have been given legal validity by an order of the President under article 387 of the Constitution. Article 81(3) of the Constitution, however, requires that upon the completion of each census, the representation of the several territorial constituencies in the House of the People and the Legislative Assemblies of each State shall be re-adjusted by such authority, in such manner and with effect from such date as Parliament may by law determine. A Bill providing for the matters referred to in that article is being introduced in Parliament. Provision has been made in that Bill for the setting up of a Delimitation Commission for the purpose of effecting re-adjustment of the representation in the House of the People and in the State Legislative Assemblies on the basis of the population as ascertained at the census of 1951.

There is a considerable difference between the population of the several States as estimated in the President's order and in the population as ascertained at the census of 1951. At present, seats have been allotted in the House of the People to Part A and Part B States on the basis of one member for every 7.2 lakhs of the estimated population giving a total of 470 members to these States. The census figures are higher in all cases, and in view of the overall limit of 500 members prescribed in article 81(1) (a), it is not possible to increase appreciably the total number of seats allotted to these States. It is accordingly necessary to reduce the representation from one member for every 7.2 lakhs of population to one member for every 7.5 lakhs of population as per 1951 census. As pointed out above, this figure 7.5 lakhs is the maximum permissible under article 81(1)(b) as it now stands; but even so, if the average population of a Parliamentary constituency in any State is to be 750,000 it is obvious that the population of a certain number of constituencies will exceed that figure. It is necessary, therefore, that article 81(1)(b) should be amended relaxing the limits prescribed in that article so as to avoid a constitutional irregularity in delimiting the constitutencies for the purpose of re-adjustment of representation in the House of the People as required under article 81(3) of the Constitution. This Bill accordingly seeks to amend article 81(1)(b) of the Constitution so as to replace the figures mentioned in that article by the figures 850,000 and 650,000 respectively.

NEW DELHI; C.C. BISWAS.

The 19th May, 1952.

THE CONSTITUTION (SECOND AMENDMENT) ACT, 1952

An Act further to amend the Constitution of India.

[1st May, 1953.]

BE it enacted by Parliament as follows:-

1. Short title.-This Act may be called the Constitution (Second Amendment) Act, 1952.

2. Amendment of article 81.-In sub-clause (b) of clause (1) of article 81 of the Constitution, the words and figures "not less than one member for every 750,000 of the population and" shall be omitted.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (THIRD AMENDMENT) ACT, 1954

Statement of Objects and Reasons appended to THE CONSTITUTION (Second Amendment) Bill, 1952 which was enacted as the the Constitution (Second Amendment) Act, 1952

STATEMENT OF OBJECTS AND REASONS

Article 81(1)(a) prescribes an absolute limit of 500 elected members in the House of the People. Article 81(1)(b) provides that the States shall be divided, grouped or formed into territorial constituencies and the number of members to be allotted to each such constituency shall be so determined as to ensure that there shall be not less than one member for every 750,000 of the population and not more than one member for every 500,000 of the population.

The present delimitation of Parliamentary and Assembly constituencies is based on the estimates of population which have been given legal validity by an order of the President under article 387 of the Constitution. Article 81(3) of the Constitution, however, requires that upon the completion of each census, the representation of the several territorial constituencies in the House of the People and the Legislative Assemblies of each State shall be re-adjusted by such authority, in such manner and with effect from such date as Parliament may by law determine. A Bill providing for the matters referred to in that article is being introduced in Parliament. Provision has been made in that Bill for the setting up of a Delimitation Commission for the purpose of effecting re-adjustment of the representation in the House of the People and in the State Legislative Assemblies on the basis of the population as ascertained at the census of 1951.

There is a considerable difference between the population of the several States as estimated in the President's order and in the population as ascertained at the census of 1951. At present, seats have been allotted in the House of the People to Part A and Part B States on the basis of one member for every 7.2 lakhs of the estimated population giving a total of 470 members to these States. The census figures are higher in all cases, and in view of the overall limit of 500 members prescribed in article 81(1) (a), it is not possible to increase appreciably the total number of seats allotted to these States. It is accordingly necessary to reduce the representation from one member for every 7.2 lakhs of population to one member for every 7.5 lakhs of population as per 1951 census. As pointed out above, this figure 7.5 lakhs is the maximum permissible under article 81(1)(b) as it now stands; but even so, if the average population of a Parliamentary constituency in any State is to be 750,000 it is obvious that the population of a certain number of constituencies will exceed that figure. It is necessary, therefore, that article 81(1)(b) should be amended relaxing the limits prescribed in that article so as to avoid a constitutional irregularity in delimiting the constitutencies for the purpose of re-adjustment of representation in the House of the People as required under article 81(3) of the Constitution. This Bill accordingly seeks to amend article 81(1)(b) of the Constitution so as to replace the figures mentioned in that article by the figures 850,000 and 650,000 respectively.

NEW DELHI; C.C. BISWAS.

The 19th May, 1952.

THE CONSTITUTION (THIRD AMENDMENT) ACT, 1954.

[22nd February, 1955.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Fifth Year of the Republic of India as follows:-

1. Short title.-This Act may be called the Constitution (Third Amendment) Act 1954.

2. Amendment of the Seventh Schedule.-In the Seventh Schedule to the Constitution, for entry 33 of List III, the following entry shall be substituted, namely:-

"33. Trade and commerce in, and the production, supply and distribution of,-

(a) the products of any industry where the control of such industry by the Union is declared by Parliament by law to be expedient in the public interest, and imported goods of the same kind as such products;

(b) foodstuffs, including edible oil seeds and oils;

(c) cattle fodder, including oilcakes and other concentrates;

(d) raw cotton whether ginned or unginned, and cotton seeds; and

(e) raw jute.".

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (FOURTH AMENDMENT) ACT, 1955

Statement of Objects and Reasons appended to THE CONSTITUTION (Fourth Amendment) Bill, 1954 which was enacted as the Constitution (Fourth Amendment) Act, 1954

STATEMENT OF OBJECTS AND REASONS

This Bill seeks to amend articles 31, 31A and 305 of, and the Ninth Schedule to, the Constitution.

2. Recent decisions of the Supreme Court have given a very wide meaning to clauses (1) and (2) of article 31. Despite the difference in the wording of the two clauses, they are regarded as dealing with the same subject. The deprivation of property referred to in clause (1) is to be construed in the widest sense as including any curtailment of a right to property. Even where it is caused by a purely regulatory provision of law and is not accompanied by an acquisition or taking possession of that or any other property right by the State, the law, in order to be valid according to these decisions, has to provide for compensation under clause (2) of the article. It is considered necessary, therefore, to re-state more precisely the State's power of compulsory acquisition and requisitioning of private property and distinguish it from cases where the operation of regulatory or prohibitory laws of the State results in "deprivation of property". This is sought to be done in clause 2 of the Bill.

3. It will be recalled that the zamindari abolition laws which came first in our programme of social welfare legislation were attacked by the interests affected mainly with reference to articles 14, 19 and 31, and that in order to put an end to the dilatory and wasteful litigation and place these laws above challenge in the courts, articles 31A and 31B and the Ninth Schedule were enacted by the Constitution (First Amendment) Act. Subsequent judicial decisions interpreting articles 14, 19 and 31 have raised serious difficulties in the way of the Union and the States putting through other and equally important social welfare legislation on the desired lines, e.g., the following:-

(i) While the abolition of zamindaris and the numerous intermediaries between the State and the tiller of the soil has been achieved for the most part, our next objectives in land reform are the fixing of limits to the extent of agricultural land that may be owned or occupied by any person, the disposal of any land held in excess of the prescribed maximum and the further modification of the rights of land owners and tenants in agricultural holdings.

(ii) The proper planning of urban and rural areas require the beneficial utilisation of vacant and waste lands and the clearance of slum areas.

(iii) In the interest of national economy the State should have full control over the mineral and oil resources of the country, including in particular, the power to cancel or modify the terms and conditions of prospecting licenses, mining leases and similar agreements. This is also necessary in relation to public utility undertakings which supply power, light or water to the public under licenses granted by the State.

(iv) It is often necessary to take over under State management for a temporary period a commercial or industrial undertaking or other property in the public interest or in order to secure the better management of the undertaking or property. Laws providing for such temporary transference to State management should be permissible under the Constitution.

(v) The reforms in company law now under contemplation, like the progressive elimination of the managing agency system, provision for the compulsory amalgamation of two or more companies in the national interest, the transfer of an undertaking from one company to another, etc., require to be placed above challenge.

It is accordingly proposed in clause 3 of the Bill to extend the scope of article 31A so as to cover these categories of essential welfare legislation.

4. As a corollary to the proposed amendment of article 31A, it is propsed in clause 5 of the Bill to include in the Ninth Schedule to the Constitution two more State Acts and four Central Acts which fall within the scope of sub-clauses (d) and (f) of clause (1) of the revised article 31A. The effect will be their complete, retrospective validation under the provisions of article 31B.

5. A recent judgment of the Supreme Court in Saghir Ahmed v. the State of U.P. has raised the question whether an Act providing for a State monopoly in a particular trade or business conflicts with the freedom of trade and commerce guaranteed by article 301, but left the question undecided. Clause (6) of article 19 was amended by the Constitution (First Amendment) Act in order to take such State monopolies out of the purview of sub-clause (g) of clause (1) of that article, but no corresponding provision was made in Part XIII of the Constitution with reference to the opening words of article 301. It apears from the judgment of the Supreme Court that notwithstanding the clear authority of Parliament or of a State Legislature to introduce State monopoly in a particular sphere of trade or commerce, the law might have to be justified before the courts as being "in the public interest" under article 301 or as amounting to a "reasonable restriction" under article 304(b). It is considered that any such question ought to be left to the final decision of the Legislatue. Clause 4 of the Bill accordingly proposes an amendment of article 305 to make this clear.

NEW DELHI; JAWAHARLAL NEHRU.

The 17th December, 1954.

Statement of Objects and Reasons appended to THE CONSTITUTION (Fourth Amendment) Bill, 1954 which was enacted as the Constitution (Fourth Amendment) Act, 1954

STATEMENT OF OBJECTS AND REASONS

This Bill seeks to amend articles 31, 31A and 305 of, and the Ninth Schedule to, the Constitution.

2. Recent decisions of the Supreme Court have given a very wide meaning to clauses (1) and (2) of article 31. Despite the difference in the wording of the two clauses, they are regarded as dealing with the same subject. The deprivation of property referred to in clause (1) is to be construed in the widest sense as including any curtailment of a right to property. Even where it is caused by a purely regulatory provision of law and is not accompanied by an acquisition or taking possession of that or any other property right by the State, the law, in order to be valid according to these decisions, has to provide for compensation under clause (2) of the article. It is considered necessary, therefore, to re-state more precisely the State's power of compulsory acquisition and requisitioning of private property and distinguish it from cases where the operation of regulatory or prohibitory laws of the State results in "deprivation of property". This is sought to be done in clause 2 of the Bill.

3. It will be recalled that the zamindari abolition laws which came first in our programme of social welfare legislation were attacked by the interests affected mainly with reference to articles 14, 19 and 31, and that in order to put an end to the dilatory and wasteful litigation and place these laws above challenge in the courts, articles 31A and 31B and the Ninth Schedule were enacted by the Constitution (First Amendment) Act. Subsequent judicial decisions interpreting articles 14, 19 and 31 have raised serious difficulties in the way of the Union and the States putting through other and equally important social welfare legislation on the desired lines, e.g., the following:-

(i) While the abolition of zamindaris and the numerous intermediaries between the State and the tiller of the soil has been achieved for the most part, our next objectives in land reform are the fixing of limits to the extent of agricultural land that may be owned or occupied by any person, the disposal of any land held in excess of the prescribed maximum and the further modification of the rights of land owners and tenants in agricultural holdings.

(ii) The proper planning of urban and rural areas require the beneficial utilisation of vacant and waste lands and the clearance of slum areas.

(iii) In the interest of national economy the State should have full control over the mineral and oil resources of the country, including in particular, the power to cancel or modify the terms and conditions of prospecting licenses, mining leases and similar agreements. This is also necessary in relation to public utility undertakings which supply power, light or water to the public under licenses granted by the State.

(iv) It is often necessary to take over under State management for a temporary period a commercial or industrial undertaking or other property in the public interest or in order to secure the better management of the undertaking or property. Laws providing for such temporary transference to State management should be permissible under the Constitution.

(v) The reforms in company law now under contemplation, like the progressive elimination of the managing agency system, provision for the compulsory amalgamation of two or more companies in the national interest, the transfer of an undertaking from one company to another, etc., require to be placed above challenge.

It is accordingly proposed in clause 3 of the Bill to extend the scope of article 31A so as to cover these categories of essential welfare legislation.

4. As a corollary to the proposed amendment of article 31A, it is propsed in clause 5 of the Bill to include in the Ninth Schedule to the Constitution two more State Acts and four Central Acts which fall within the scope of sub-clauses (d) and (f) of clause (1) of the revised article 31A. The effect will be their complete, retrospective validation under the provisions of article 31B.

5. A recent judgment of the Supreme Court in Saghir Ahmed v. the State of U.P. has raised the question whether an Act providing for a State monopoly in a particular trade or business conflicts with the freedom of trade and commerce guaranteed by article 301, but left the question undecided. Clause (6) of article 19 was amended by the Constitution (First Amendment) Act in order to take such State monopolies out of the purview of sub-clause (g) of clause (1) of that article, but no corresponding provision was made in Part XIII of the Constitution with reference to the opening words of article 301. It apears from the judgment of the Supreme Court that notwithstanding the clear authority of Parliament or of a State Legislature to introduce State monopoly in a particular sphere of trade or commerce, the law might have to be justified before the courts as being "in the public interest" under article 301 or as amounting to a "reasonable restriction" under article 304(b). It is considered that any such question ought to be left to the final decision of the Legislatue. Clause 4 of the Bill accordingly proposes an amendment of article 305 to make this clear.

NEW DELHI; JAWAHARLAL NEHRU.

The 17th December, 1954.

THE CONSTITUTION (FOURTH AMENDMENT) ACT, 1955

[27th April, 1955.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Sixth Year of the Republic of India as follow:-

1. Short title.-This Act may be called the Constitution (Forth Amendment) Act, 1955.

2. Amendment of article 31.-In article 31 of the Constitution, for clause (2), the following clauses shall be substituted, namely:---

"(2) No property shall be compulsorily acquired or requisitioned save for a public purpose and save by authority of a law which provides for compensation for the property so acquired or requisitioned and either fixes the amount of the compensation or specifies the principles on which, and the manner in which, the compensation is to be determined and given; and no such law shall be called in question in any court on the ground that the compensation provided by that law is not adequate.

(2A) Where a law does not provide for the transfer of the ownership or right to possession of any property to the State or to a corporation owned or controlled by the State, it shall not be deemed to provide for the compulsory acquisition or requisitioning of property, notwithstanding that it deprives any person of his property.".

3. Amendment of article 31A.-In article 31A of the Constitution,--

(a) for clause (1), the following clause shall be, and shall be deemed always to have been, substituted, namely:-

"(1) Notwithstanding anything contained in article 13, no law providing for-

(a) the acquisition by the State of any estate or of any rights therein or the extinguishment or modification of any such rights, or

(b) the taking over of the management of any property by the State for a limited period either in the public interest or in order to secure the proper management of the property, or

(c) the amalgamation of two or more corporations either in the public interest or in order to secure the proper management of any of the corporations, or

(d) the extinguishment or modification of any rights of managing agents, secretaries and treasurers, managing directors, directors or managers of corporations, or of any voting rights of shareholders thereof, or

(e) the extinguishment or modification of any rights accruing by virtue of any agreement, lease or licence for the purpose of searching for, or winning, any mineral or mineral oil, or the premature termination or cancellation of any such agreement, lease or licence,

shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by article 14, article 19 or article 31:

Provided that where such law is a law made by the Legislature of a State, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent."; and

(b) in clause (2),-

(i) in sub-clause (a), after the word "grant", the words "and in the States of Madras and Travancore-Cochin, any janman right" shall be, and shall be deemed always to have been, inserted; and

(ii) in sub-clause (b), after the word "tenure-holder", the words "raiyat, under-raiyat" shall be, and shall be deemed always to have been, inserted.

4. Substitution of new article for article 305.-For article 305 of the Constitution, the following article shall be substituted, namely:-

"305. Saving of existing laws and laws providing for State mono- polies.-Nothing in articles 301 and 303 shall affect the provisions of any existing law except in so far as the President may by order otherwise direct; and nothing in article 301 shall affect the operation of any law made before the commencement of the Constitution (Fourth Amendment) Act, 1955, in so far as it relates to, or prevent Parliament or the Legislature of a State from making any law relating to, any such matter as is referred to in sub-clause (ii) of clause (6) of article 19.".

5. Amendment of the Ninth Schedule.-In the Ninth Schedule to the Constitution, after entry 13, the following entries shall be added, namely:---

"14. The Bihar Displaced Persons Rehabilitation (Acquisition of Land) Act, 1950 (Bihar Act XXXVIII of 1950).

15. The United Provinces Land Acquisition (Rehabilitation of Re- fugees) Act, 1948 (U.P. Act XXVI 1948).

16. The Resettlement of Displaced Persons (Land Acquisition) Act, 1948 (Act LX of 1948).

17. Sections 52A to 52G of the Insurance Act, 1938 (Act IV of 1938), as inserted by section 42 of the Insurance (Amendment) Act, 1950 (Act XLVII of 1950).

18. The Railway Companies (Emergency Provisions) Act, 1951 (Act LI of 1951).

19. Chapter III-A of the Industries (Development and Regulation) Act, 1951 (Act LXV of 1951), as inserted by section 13 of the Industries (Development and Regulation) Amendment Act, 1953 (Act XXVI of 1953).

20. The West Bengal Land Development and Planning Act, 1948 (West Bengal Act XXI of 1948), as amended by West Bengal Act XXIX of 1951.".

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (FIFTH AMENDMENT) ACT, 1955
[24th December, 1955.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Sixth Year of the Republic of India as follows:---

1. Short title.-This Act may be called the Constitution (Fifth Amendment) Act, 1955.

2. Amendment of article 3.-In article 3 of the Constitution, for the proviso, the following proviso shall be substituted, namely:-

"Provided that no Bill for the purpose shall be introduced in either House of Parliament except on the recommendation of the President and unless, where the proposal contained in the Bill affects the area, boundaries or name of any of the States specified in Part A or Part B of the First Schedule, the Bill has been referred by the President to the Legislature of that State for expressing its views thereon within such period as may be specified in the reference or within such further period as the President may allow and the period so specified or allowed has expired.".

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (SIXTH AMENDMENT) ACT, 1956

[11th September, 1956.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Seventh Year of the Republic of
India as follows:-

1. Short title.-This Act may be called the Constitution (Sixth
Amendment) Act, 1956.

2. Amendment of the Seventh Schedule.-In the Seventh Schedule to the
Constitution,-

(a) in the Union List, after entry 92, the following entry shall be
inserted, namely:-

"92A. Taxes on the sale or purchase of goods other than newspapers,
where such sale or purchase takes place in the course of inter-State
trade or commerce."; and

(b) in the State List, for entry 54, the following entry shall be
substituted, namely:-

"54. Taxes on the sale or purchase of goods other than newspapers,
subject to the provisions of entry 92A of List I.".

3. Amendment of article 269.-In article 269 of the Constitution,-

(a) in clause (1), after sub-clause (f), the following sub-clause
shall be inserted, namely:-

"(g) taxes on the sale or purchase of goods other than newspapers,
where such sale or purchase takes place in the course of inter-State
trade or commerce."; and

(b) after clause (2), the following clause shall be inserted,
namely:-

"(3) Parliament may by law formulate principles for determining when a
sale or purchase of goods takes place in the course of inter-State
trade or commerce.".

4. Amendment of article 286.-In article 286 of the Constitution,-

(a) in clause (1), the Explanation shall be omitted; and

(b) for clauses (2) and (3), the following clauses shall be
substituted, namely:-

"(2) Parliament may by law formulate principles for determining when a
sale or purchase of goods takes place in any of the ways mentioned in
clause (1).

(3) Any law of a State shall, in so far as it imposes or authorises
the imposition of, a tax on the sale or purchase of goods declared by
Parliament by law to be of special importance in inter-State trade or
commerce, be subject to such restrictions and conditions in regard to
the system of levy, rates and other incidents of the tax as Parliament
may by law specify.".

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (SEVENTH AMENDMENT) ACT, 1956

Statement of Objects and Reasons appended to the Constitution Ninth Amendment) Bill, 1956 (Bill No. 29 of 1956) which was enacted as THE CONSTITUTION (Seventh Amendment) Act, 1956

STATEMENT OF OBJECTS AND REASONS

In order to implement the scheme of States reorganisation, it is necessary to make numerous amendments in the Constitution with effect from the 1st October, 1956. This bill seeks to make these amendments and also some other amendments to certain provisions of the Constitution relating to the High Courts and High Court Judges, the executive power of the Union and the States, and a few entries in the legislative lists. The reasons for making the amendments are indicated below:-

Clause 2.-The reorganisation scheme involves not only the establishment of new States and alterations in the area and boundaries of the existing States, but also the abolition of the three categories of States (Part A, Part B and Part C States) and the classification of certain areas as Union territories. Article 1 has to be suitably amended for this purpose and the First Schedule completely revised.

Clause 3.-The amendments proposed in article 80 are formal and consequential. The territorial changes and the formation of new states and Union territories as proposed in Part II of the States Reorganisation Bill, 1956, involve a complete revision of the Fourth Schdule to the Constitution by which the seats in the Council of States are allocated to the existing States. The present allocation is made on the basis of the population of each State as ascertained at the census of 1941 and the number of seats allotted to each Part A and Part B State is according to the formula, one seat per million for the first five millions and one seat for every additional two millions or part thereof exceeding one million. It is proposed to revise the allocation of seats on the basis of the latest census figures, but according to the same formula as before.

Clause 4.-The abolition of Part C States as such and the establishment of Union territories make extensive amendment of articles 81 and 82 inevitable. The provision in article 81(1)(b) that "the States shall be divided, grouped or formed into territorial constituencies" will no longer be appropriate, since after reorganisation each of the States will be large enough to be divided into a number of constituencies and will not permit of being grouped together with other States for this purpose or being "formed" into a single territorial constituency. Clause (2) of article 81 and article 82 will require to be combined and revised in order to make suitable provision for Union territories. Instead of amending the articles piecemeal, it is proposed to revise and simplify them. Incidentally, it is proposed in clause (1)(b) of the revised article 81 to fix a maximum for the total number of representatives that may be assigned to the Union territories by Parliament.

Clause 5.-The proposed revision of the proviso to article 131 is consequential on the disappearance of Part B States as such. The two parts of the existing proviso have been combined.

Clause 6.-Article 153 provides that there shall be a Governor for each State. Since it may be desirable in certain circumstances to appoint a Governor for two or more States, it is proposed to add a proviso to this article to remove any possible technical bar to such an appointment.

Clause 7.-Sub-clause (a) of clause (1) of article 168 provides for bi-cameral legislatures in certain States. It is proposed that, among the reorganised States, Punjab and Mysore should continue to have such a legislature, and that the enlarged Madhya Pradesh should also be provided with one. Since the constitution of a Legislative Council for Madhya Pradesh will necessarily take time, it is proposed to bring the relevant amendment of article 168(1)(a) into force from a future date by means of a public notification of the President.

Clause 8.-This seeks to revise article 170 mainly with a view to bringing it into line with articles 81 and 82 as revised by clause 4.

Clause 9.-Under clause (1) of article 171, the maximum strength of the Legislative Council of a State is fixed at one-fourth of the strength of the Legislative Assembly of that State. Although in the larger States, like Uttar Pradesh and Bihar, this maximum is adequate, it leads to difficulties in the case of the smaller States. It is, therefore, proposed to alter the maximum to one-third of the strength of the Legislative Assembly.

Clause 10.-Article 216 empowers the President to appoint to a High Court as many judges as he may from time to time deem it necessary and also to fix the maximum number of judges for each High Court by a separate order. The proviso is of little significance from the practical point of view, since the order fixing the maximum may be changed by the President whenever necessary. The appointment of additional and acting judges for which provision is sought to be made in clause 14 will also involve either frequent modifications in the order or a fixation of the maximum number at a high figure. It is, therefore, proposed to omit the proviso to article 216.

Clause 11.-The amendment of clause (1) of article 217 proposed in this clause is consequential on the proposal to provide for the appointment of additional and acting judges for limited periods.

Clause 12.-An important factor affecting the selection of High Court judges from the bar is the total prohibition contained in article 220 on practice after their retirement from the bench. It is proposed to revise the article so as to relax this complete ban and permit a retired judge to practise in the Supreme Court and in any High Court other than the one in the which he was a permanent judge.

Clause 13.-Article 222 empowers the President to transfer judges from one High Court to another. Clause (2) of this article goes on to provide that when a judge is so transferred he shall be entitled to receive in addition to his salary a compensatory allowance. It is felt that there is no real justification for granting such an allowance and it is accordingly proposed to omit clause (2).

Clause 14.-The provision in article 224 for recalling retired judges to function on the bench of a High Court for short periods has been found to be neither adequate nor satisfactory. It is, therefore, proposed to replace this article by a provision for the appointment of additional judges to clear off arrears and for the appointment of acting judges in temporary vacancies.

Clause 15.-It is proposed to revise and simplify articles 230, 231 and 232 having regard to the constitutional position of States and Union territories after reorganisation. While under article 214 there will normally be a separate High Court for each State, power will be required to establish common High Courts for two or more States. Power will also be required to extend the jurisdiction of a High Court to a Union territory, wherever necessary, and to exclude the jurisdiction of a High Court from such territory. The revised articles 230 and 231 are designed to make these provisions.

Clause 16.-Part VIII of the Constitution provides for the administration of Part C States and Part IX for the administration of Part D territories. It is proposed to amend Part VIII to provide for the administration of Union territories and to repeal Part IX.

Clause 17.-While the President is empowered by article 258 (1) to entrust Union functions to a State Government or its officers, there is no corresponding provision enabling the Governor of a State to entrust State functions to the Central Government or its officers. This lacuna has been found to be of practical consequence in connection with the execution of certain development projects in the States. It is proposed to fill the lacuna by a new article 258A.

Clause 18.-Article VIII of the Covenant entered into by the Rulers of Travancore and Cochin in May, 1949, for the formation of the United State of Travancore and Cochin provided that Travancore's obligation to contribute annually a sum of Rs. 51 lakhs to the Travancore Devaswom Fund should continue as an obligation of the United State. This arrangement was confirmed by article 238(10) (ii) of the Constitution. It is proposed that the existing arrangement should be continued even after the formation of the new State of Kerala , but the contribution to the Travancore Devaswom Board from the Consolidated Fund of that State should, in view of the transfer of territory from Travancore-Cochin to Madras, be reduced from Rs. 51 lakhs to Rs. 46.5 lakhs.

Clause 19.-In this clause it is proposed to revise and amplify the scope of article 298, mainly to make it clear that Union Government, as well as the State Governments, are competent to carry on any commercial or industrial undertaking, whether or not it is related to a matter within the legislative competence of the Union, or, as the case may be, of the State. Similarly , the holding, acquisition and disposal of property and the making of contracts by the Union or a State could be for any purpose without constitutional impropriety. At the same time, the revised article provides that this extended executive power of the Union and of the States will be subject, in the former case, to legislation by the State, and in the latter case, to legislation by Parliament.

Clause 20.-The new article 350A proposed in this clause is designed to implement one of the States Reorganisation Commission's important recommendations regarding safeguards for linguistic minorities in the States after reorganisation.

Clause 21.-It is proposed to replace article 371 by another article making a special provision with respect to the States of Andhra and Punjab. This article will enable the President to constitute regional committees of the State Legislative Assembly and secure their proper functioning by directing suitable modifications to be made in the rules of business of Government and in the rules of procedure of the Assembly.

Clause 22.-The High Court of Travancore-Cochin will, as from the appointed day, become the High Court for the new State of Kerala and the High Courts of Mysore and Rajasthan will continue, respectively, as the High Courts for the enlarged "new" States with the same names. Taking into account the level of income at the bar and salaries payable to the judicial services in these States, it is considered that there is no need to increase the salaries payable to the Judges of these High Courts to the level of the other High Courts. It is proposed to amend sub-paragraph (1) of paragraph 10 of the Second Schedule to the Constitution providing for a salary of Rs. 3,000 to the Chief Justices, and Rs. 2,500 to the other Judges, of these three High Courts. Sometimes it becomes necessary to appoint a retired district judge as a judge of a High Court . In the absence of a legal provision for withholding the pension due to such a judge, it has been the practise to obtain from him an undertaking that he would not claim the pension for the period for which he serves as a High Court judge. Since this is obviously unsatisfactory, it is proposed to add a proviso to paragraph 10(1) of the Second Schedule on the same lines as the proviso to paragraph 9(1) thereof regulating the salary of a judge of the Supreme Court in similar circumstances.

Sub-paragraphs (3) and (4) of paragraph 10 are no longer required, since appropriate provision has been made in the High Court Judges (Conditions of Service) Ace, 1954.

Clause 23.-The existence of three entries in the legislative lists (33 of List I, 36 of List II and 42 of List III) relating to the essentially single subject of acquisition and requisitioning of property by the Government gives rise to unnecessary technical difficulties in legislation. In order to avoid these difficulties and simplify the constitutional position, it is proposed to omit the entries in the Union and State List and replace the entry in the Concurrent List by a comprehensive entry covering the whole subject.

Clause 24.-Entry 67 of the Union List refers to "ancient and historical monuments and records, and archaeological sites and remains ,declared by Parliament by law to be of national importance". A large number of ancient monuments, archaeological sites, etc., have been declared to be of national importance by an Act of Parliament. It requires another Act of Parliament to make the slightest alteration in, or addition to, the lists in that Act, which seems to be and unduly cumbrous procedure. It is, therefore, proposed to amend the entry substituting for the words "declared by Parliament by law", the words "declared by or under law made by Parliament". The same amendment is also proposed to be made in the connected provisions, entry 12 of the State List, entry 40 of the Concurrent List and article 49.

Clause 25.-Although the Union List has two entries 7 and 52, relating to industries, the latter alone is referred to in entry 24 of List II. The omission of entry 7 of List I appears to be due to an oversight and is sought to be rectified in this clause.

Clause 26 and the Schedule.-These contain the consequential and minor amendments and repeals proposed to be made in the Constitution and in the Constitution (Removal of Difficulties) Order No. VIII pertaining to the Assam tribal areas.

NEW DELHI; GOVIND BALLABH PANT.
The 14th April, 1956.

THE CONSTITUTION (SEVENTH AMENDMENT) ACT, 1956

[19th October, 1956.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Seventh Year of the Republic of India as follows:-

Short title and commencement.-(1) This Act may be called the Constitution (Seventh Amendment) Act, 1956.

(2) It shall come into force on the 1st day of November, 1956.

2. Amendment of article 1 and First Schedule.-(1) In article 1 of the Constitution,-

(a) for clause (2), the following clause shall be substituted, namely:-

"(2) The States and the territories thereof shall be as specified in the First Schedule."; and

(b) in clause (3), for sub-clause (b), the following sub-clause shall be substituted, namely:-

"(b) the Union territories specified in the First Schedule; and".

(2) For the First Schedule to the Constitution as amended by the States Reorganisation Act, 1956, and the Bihar and West Bengal (Transfer of Territories) Act, 1956, the following Schedule shall be substituted, namely:-

I. THE STATES

---------------------------------------------------------------------- Name Territories ---------------------------------------------------------------------- 1. Andhra Pradesh..... The territories specified in sub-section (1) of section 3 of the Andhra State Act, 1953 and the territories specified in sub-section (1) of section 3 of the States Reorganisation Act, 1956.

2. Assam..............The territories which immediately before the commencement of this Constitution were comprised in the Province of Assam, the Khasi States and the Assam Tribal Areas, but excluding the territories specified in the Schedule to the Assam (Alteration of Boundaries) Act, 1951.

3. Bihar.............. The territories which immediately before the commencement of this Constitution were either comprised in the Province of Bihar or were being administered as if they formed part of that Province, but excluding the territories specified in sub-section (1) of section 3 of the Bihar and West Bengal (Transfer of Territories) Act, 1956.

4. Bombay............ The territories specified in sub-section (1) of section 8 of the States Reorganisation Act, 1956.

5. Kerala ...........The territories specified in sub-section (1) of section 5 of the States Reorganisation Act, 1956.

6. Madhya Pradesh....The territories specified in sub-section (1) of section 9 of the States Reorganisation Act, 1956.

7. Madras............ The territories which immediately before the commencement of this Constitution were either comprised in the Province of Madras or were being administered as if they formed part of that Province and the territories specified in section 4 of the States Reorganisation Act, 1956, but excluding the territories specified in sub-section (1) of section 3 and sub-section (1) of section 4 of the Andhra State Act, 1953 and the territories specified in clause (b) of sub-section (1) of section 5, section 6 and clause (d) of sub-section (1) of section 7 of the States Reorganisation Act, 1956.

8. Mysore............ The territories specified in sub-section (1) of section 7 of the States Reorganisation Act, 1956.

9. Orissa............ The territories which immediately before the commencement of this Constitution were either comprised in the Province of Orissa or were being administered as if they formed part of that Province.

10. Punjab........... The territories specified in section 11 of the States Reorganisation Act, 1956.

11. Rajasthan........ The territories specified in section 10 of the States Reorganisation Act, 1956.

12. Uttar Pradesh.. The territories which immediately before the commencement of this Constitution were either comprised in the Province known as the United Provinces or were being administered as if they formed part of that Province.

13. West Bengal..... The territories which immediately before the commencement of this Constitution were either comprised in the Province of West Bengal or were being administered as if they formed part of that Province and the territory of Chandernagore as defined in clause (c) of section 2 of the Chandernagore (Merger) Act, 1954, and also the territories specified in sub-section (1) of section 3 of the Bihar and West Bengal (Transfer of Territories) Act, 1956.

14. Jammu and........ The territory which immediately before the Kashmir commencement of this Constitution was comprised in the Indian State of Jammu and Kashmir.

II. THE UNION TERRITORIES

---------------------------------------------------------------------- Name Extent ---------------------------------------------------------------------- 1. Delhi............. The territory which immediately before the commencement of this Constitution was comprised in the Chief Commissioner's Province of Delhi.

2. Himachal...........The territories which immediately before the Pradesh commencement of this Constitution were being administered as if they were Chief Com- missioner's Provinces under the names of Himachal Pradesh and Bilaspur.

3. Manipur............ The territory which immediately before the commencement of this Constitution was being administered as if it were a Chief Com- missioner's Province under the name of Manipur.

4. Tripura............The territory which immediately before the commencement of this Constitution was being administered as if it were a Chief Commissioner's Province under the name of Tripura.

5. The Andaman and....The territory which immediately before the Nicobar Islands commencement of this Constitution was compri- sed in the Chief Commissioner's Province of the Andaman and Nicobar Islands.

6. The Laccadive,.....The territory specified in section 6 of the Minicoy and States Reorganisation Act, 1956.". Amindivi Islands.

3. Amendment of article 80 and Fourth Schedule.-(1) In article 80 of the Constitution,-

(a) in sub-clause (b) of clause (1), after the word "States", the words "and of the Union territories" shall be added;

(b) in clause (2), after the words "of the States", the words "and of the Union territories" shall be inserted;

(c) in clause (4), the words and letters "specified in Part A or Part B of the First Schedule" shall be omitted; and

(d) in clause (5), for the words and letter "States specified in Part of the First Schedule", the words "Union territories" shall be substituted.

(2) For the Fourth Schedule to the Constitution as amended by the States Reorganisation Act, 1956, and the Bihar and West Bengal (Transfer of Territories) Act, 1956, the following Schedule shall be substituted, namely:-

"FOURTH SCHEDULE

[Articles 4(1) and 80(2)]

ALLOCATION OF SEATS IN THE COUNCIL OF STATES

To each State or Union territory specified in the first column of the following table, there shall be allotted the number of seats specified in the second column thereof opposite to that State or that Union territory, as the case may be.

TABLE

1. Andhra Pradesh ..................................................18 2. Assam.............................................................7 3. Bihar............................................................22 4. Bombay...........................................................27 5. Kerala............................................................9 6. Madhya Pradesh...................................................16 7. Madras...........................................................17 8. Mysore...........................................................12 9. Orissa...........................................................10 10. Punjab..........................................................11 11. Rajasthan.......................................................10 12. Uttar Pradesh...................................................34 13. West Bengal.....................................................16 14. Jammu and Kashmir................................................4 15. Delhi............................................................3 16. Himachal Pradesh.................................................2 17. Manipur..........................................................1 18. Tripura..........................................................1

------------------- Total .. 220". -------------------

4. Substitution of new articles for articles 81 and 82.-For articles 81 and 82 of the Constitution, the following articles shall be substituted, namely:-

"81. Composition of the House of the People.-(1) Subject to the provisions of article 331, the House of the People shall consist of-

(a) not more than five hundred members chosen by direct election from territorial constituencies in the States, and

(b) not more than twenty members to represent the Union territories, chosen in such manner as Parliament may by law provide.

(2) For the purposes of sub-clause (a) of clause (1),-

(a) there shall be allotted to each State a number of seats in the House of the People in such manner that the ratio between that number and the population of the State is, so far as practicable, the same for all States; and

(b) each State shall be divided into territorial constituencies in such manner that the ratio between the population of each constitu- ency and the number of seats allotted to it is, so far as practicable, the same throughout the State.

(3) In this article, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published.

82. Readjustment after each census.-Upon the completion of each census, the allocation of seats in the House of the People to the States and the division of each State into territorial constituencies shall be readjusted by such authority and in such manner as Parliament may by law determine:

Provided that such readjustment shall not affect representation in the House of the People until the dissolution of the then existing House.".

5. Amendment of article 131.-In article 131 of the Constitution, for the proviso, the following proviso shall be substituted, namely:-

"Provided that the said jurisdiction shall not extend to a dispute arising out of any treaty, agreement, covenant, engagement, sanad or other similar instrument which, having been entered into or executed before the commencement of this Constitution, continues in operation after such commencement, or which provides that the said jurisdiction shall not extend to such a dispute.".

6. Amendment of article 153.-To article 153 of the Constitution, the following proviso shall be added, namely:-

"Provided that nothing in this article shall prevent the appointment of the same person as Governor for two or more States.".

7. Amendment of article 158.-In article 158 of the Constitution, after clause (3), the following clause shall be inserted, namely:-

"(3A) Where the same person is appointed as Governor of two or more States, the emoluments and allowances payable to the Governor shall be allocated among the States in such proportion as the President may by order determine.".

8. Amendment of article 168.-(1) in clause (1) of article 168 of the Constitution, in sub-clause (a), after the word "Madras", the word "Mysore" shall be inserted.

(2) In the said sub-clause, as from such date as the President may, by public notification, appoint, after the word "Bombay", the words "Madhya Pradesh" shall be inserted.

9. Substitution of new article for article 170.-For article 170 of the Constitution, the following article shall be subsituted, namely:-

"170. Composition of the Legislative Assemblies.-(1) Subject to the provisions of article 333, the Legislative Assembly of each State shall consist of not more than five hundred, and not less than sixty, members chosen by direct election from territorial constituencies in the State.

(2) For the purposes of clause (1), each State shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the State.

Explanation.-In this clause, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published.

(3) Upon the completion of each census, the total number of seats in the Legislative Assembly of each State and the division of each State into territorial constituencies shall be readjusted by such authority and in such manner as Parliament may by law determine:

Provided that such readjustment shall not affect representation in the Legislative Assembly until the dissolution of the then existing Assembly.".

10. Amendment of article 171.-In clause (1) of article 171 of the Constitution, for the word "one-fourth", the word "one-third" shall be substituted.

11. Amendment of article 216.-In article 216 of the Constitution, the proviso shall be omitted.

12. Amendment of article 217.-In article 217 of the Constitution, in clause (1), for the words "shall hold office until he attains the age of sixty years", the following words and figures shall be substituted, namely:-

"shall hold office, in the case of an additional or acting Judge, as provided in article 224, and in any other case, until he attains the age of sixty years".

13. Substitution of new article for article 220.-For article 220 of the Constitution, the following article shall be substituted, namely:-

"220. Restriction on practice after being a permanent Judge.-No person who, after the commencement of this Constitution, has held office as a permanent Judge of a High Court shall plead or act in any court or before any authority in India except the Supreme Court and the other High Courts.

Explanation.-In this article, the expression "High Court" does not include a High Court for a State specified in Part B of the First Schedule as it existed before the commencement of the Constitution (Seventh Amendment) Act, 1956.".

14. Amendment of article 222.-In article 222 of the Constitution,---

(a) in clause (1), the words "within the territory of India" shall be omitted; and

(b) clause (2) shall be omitted.

15. Substitution of new article for article 224.-For article 224 of the Constitution, the following article shall be substituted, namely:-

"224. Appointment of additional and acting Judges.-(1) If by reason of any temporary increase in the business of a High Court or by reason of arrears of work therein, it appears to the President that the number of the Judges of that Court should be for the time being increased, the President may appoint duly qualified persons to be additional Judges of the Court for such period not exceeding two years as he may specify.

(2) When any Judge of a High Court other than the Chief Justice is by reason of absence or for any other reason unable to perform the duties of his office or is appointed to act temporarily as Chief Justice, the President may appoint a duly qualified person to act as a Judge of that Court until the permanent Judge has resumed his duties.

(3) No person appointed as an additional or acting Judge of a High Court shall hold office after attaining the age of sixty years.".

16. Substitution of new articles for articles 230, 231 and 232.- For articles 230, 231 and 232 of articles the Constitution, the following shall be substituted, namely:-

"230. Extension of jurisdiction of High Courts to Union territories.- (1) Parliament may by law extend the jurisdiction of a High Court to, or exclude the jurisdiction of a High Court from, any Union territory.

(2) Where the High Court of a State exercises jurisdiction in relation to a Union territory,-

(a) nothing in this Constitution shall be construed as empowering the Legislature of the State to increase, restrict or abolish that jurisdiction; and

(b) the reference in article 227 to the Governor shall, in relation to any rules, forms or tables for subordinate courts in that territory, be construed as a reference to the President.

231. Establishment of a common High Court for two or more States.- (1) Notwithstanding anything contained in the preceding provisions of this Chapter, Parliament may by law establish a common High Court for two or more States or for two or more States and a Union territory.

(2) In relation to any such High Court,-

(a) the reference in article 217 to the Governor of the State shall, be construed as a reference to the Governors of all the States in relation to which the High Court exercises jurisdiction;

(b) the reference in article 227 to the Governor shall, in relation to any rules, forms or tables for subordinate courts, be construed as a reference to the Governor of the State in which the subordinate courts are situate; and

(c) the references in articles 219 and 229 to the State shall be construed as a reference to the State in which the High Court has its principal seat:

Provided that if such principal seat is in a Union territory, the references in articles 219 and 229 to the Governor, Public Service Commission,. Legislature and Consolidated Fund of the State shall be construed respectively as references to the President, Union Public Service Commission, Parliament and Consolidated Fund of India.".

17. Amendment of Part VIII.-In Part VIII of the Constitution,-

(a) for the heading "THE STATES IN PART C OF THE FIRST SCHEDULE", the heading "THE UNION TERRITORIES" shall be substituted; and

(b) for articles 239 and 240, the following articles shall be substituted namely:-

"239. Administration of Union territories.-(1) Save as otherwise provided by Parliament by law, every Union territory shall be administered by the President acting, to such extent as he thinks fit, through an administrator to be appointed by him with such designa- tion as he may specify.

(2) Notwithstanding anything contained in Part VI, the President may appoint the Governor of a State as the administrator of an adjoining Union territory, and where a Governor is so appointed, he shall exercise his functions as such administrator independently of his Council of Ministers.

240. Power of President to make regulations for certain Union territories.- (1) The President may make regulations for the peace, progress and good government of the Union territory of-

(a) the Andaman and Nicobar Islands;

(b) the Laccadive, Minicoy and Amindivi Islands.

(2) Any regulation so made may repeal or amend any Act made by Parliament or any existing law which is for the time being ap- plicable to the Union territory and, when promulgated by the President, shall have the same force and effect as an Act of Parliament which applies to that territory.".

18. Insertion of new article 258A.- After article 258 of the Constitution, the following article shall be inserted, namely:-

"258A Power of the States to entrust functions to the Union.-Not- withstanding anything in this Constitution, the Governor of a State may, with the consent of the Government of India, entrust either conditionally or unconditionally to that Government or to its officers functions in relation to any matter to which the executive power of the State extends.".

19. Insertion of new article 290A.-After article 290 of the Constitution, the following article shall be inserted, namely:-

"290A. Annual payment to certain Devaswom Funds.-A sum of forty-six lakhs and fifty thousand rupees shall be charged on, and paid out of, the Consolidated Fund of the State of Kerala every year to the Travan- core Devaswom Fund; and a sum of thirteen lakhs and fifty thousand rupees shall be charged on, and paid out of, the Consolidated Fund of the State of Madras every year to the Devaswom Fund established in that State for the maintenance of Hindu temples and shrines in the territories transferred to that State on the 1st day of November, 1956, from the State of Travancore-Cochin.".

20. Substitution of new article for article 298.- For article 298 of the Constitution, the following article shall be substituted, namely:-

"298. Power to carry on trade, etc.-The executive power of the Union and of each State shall extend to the carrying on of any trade or business and to the acquisition, holding and disposal of property and the making of contracts for any purpose:

Provided that-

(a) the said executive power of the Union shall, in so far as such trade or business or such purpose is not one with respect to which Parliament may make laws, be subject in each State to legislation by the State; and

(b) the said executive power of each State shall, in so far as such trade or business or such purpose is not one with respect to which the State Legislature may make laws, be subject to legislation by Parlia- ment.".

21. Insertion of new articles 350A and 350B.-After article 350 of the Constitution, the following articles shall be inserted, namely:---

"350A. Facilities for instruction in mother-tongue at primary stage.-It shall be the endeavour of every State and of every local authority within the State to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups; and the President may issue such directions to any State as he considers necessary or proper for securing the provision of such facilities.

350B. Special Officer for linguistic minorities.-(1) There shall be a Special Officer for linguistic minorities to be appointed by the President.

(2) It shall be the duty of the Special Officer to investigate all matters relating to the safeguards provided for linguistic minorities under this Constitution and report to the President upon those matters at such intervals as the President may direct, and the President shall cause all such reports to be laid before each House of Parliament, and sent to the Governments of the States concerned.".

22. Substitution of new article for article 371.-For article 371 of the Constitution, the following article shall be substituted, namely:-

"371. Special provision with respect to the States of Andhara Pradesh, Punjab and Bombay.-(1) Notwithstanding anything in this Constitution, the President may, by order made with respect to the State of Andhra Pradesh or Punjab, provide for the constitution and functions of regional committees of the Legislative Assembly of the State, for the modifications to be made in the rules of business of the Government and in the rules of procedure of the Legislative Assembly of the State and for any special responsibility of the Governor in order to secure the proper functioning of the regional committees.

(2) Notwithstanding anything in this Constitution, the President may by order made with respect to the State of Bombay, provide for any special responsibility of the Governor for-

(a) the establishment of separate development boards for Vidarbha, Marathwada. the rest of Maharashtra, Saurashtra, Kutch and the rest of Gujarat with the provision that a report on the working of each of these boards will be placed each year before the State Legislative Assembly;

(b) the equitable allocation of funds for developmental expenditure over the said areas, subject to the requirements of the State as a whole; and

(c) an equitable arrangement providing adequate facilities for technical education and vocational training, and adequate opportunities for employment in services under the control of the State Government, in respect of all the said areas, subject to the requirements of the State as a whole.".

23. Insertion of new article 372A.-After article 372 of the Constitution, the following article shall be inserted, namely:-

"372A. Power of the President to adapt laws.-(1) For the purposes of bringing the provisions of any law in force in India or in any part thereof, immediately before the commencement of the Constitution (Seventh Amendment) Act, 1956, into accord with the provisions of this Constitution as amended by that Act, the President may by order made before the 1st day of November, 1957, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and provide that the law shall, as from such date as may be specified in the order, have effect subject to the adaptations and modifications so made, and any such adaptation or modification shall not be questioned in any court of law.

(2) Nothing in clause (1) shall be deemed to prevent a competent legislature or other competent authority from repealing or amending any law adapted or modified by the President under the said clause.".

24. Insertion of new article 378A.-After article 378 of the Constitution, the following article shall be inserted, namely:-

"378A. Special provision as to duration of Andhra Pradesh Legislative Assembly.- Notwithstanding anything contained in article 172, the Legislative Assembly of the State of Andhra Pradesh as constituted under the provisions of sections 28 and 29 of the State Reorganisation Act, 1956, shall, unless sooner dissolved, continue for a period of five years from the date referred to in the said section 29 and no longer and the expiration of the said period shall operate as a dissolution of that Legislative Assembly.".

25. Amendment of Second Schedule.-In the Second Schedule to the Constitution,-

(a) in the heading of Part D, the words and letter "in States in Part A of the First Schedule" shall be omitted;

(b) in sub-paragraph (1) of paragraph 9, for the words "shall be reduced by the amount of that pension", the following shall be substituted, namely:-

"shall be reduced-

(a) by the amount of that pension, and

(b) if he has, before such appointment, received in lieu of a portion of the pension due to him in respect of such previous service the commuted value thereof, by the amount of that portion of the pension, and

(c) if he has, before such appointment, received a retirement gratuity in respect of such previous service, by the pension equivalent of that gratuity"; and

(c) in paragraph 10-

(i) for sub-paragraph (1), the following sub-paragraph shall be substituted, namely:-

"(1) There shall be paid to the Judges of High Courts, in respect of time spent on actual service, salary at the following rates per mensem, that is to say,-

The Chief Justice .. 4,000 rupees

Any other Judge .. 3,500 rupees:

Provided that if a Judge of a High Court at the time of his appointment is in receipt of a pension (other than a disability or wound pension) in respect of any previous service under the Government of India or any of its predecessor Governments or under the Government of a State or any of its predecessor Governments, his salary in respect of service in the High Court shall be reduced-

(a) by the amount of that pension, and

(b) if he has, before such appointment, received in lieu of a portion of the pension due to him in respect of such previous service the commuted value thereof, by the amount of that portion of the pension, and

(c) if he has, before such appointment, received a retirement gratuity in respect of such previous service, by the pension equivalent of that gratuity."; and

(ii) for sub-paragraphs (3) and (4), the following sub-paragraph shall be substituted, namely:-

"(3) Any person who, immediately before the commencement of the Constitution (Seventh Amendment) Act, 1956 was holding office as the Chief Justice of the High Court of a State specified in Part B of the First Schedule and has on such commencement become the Chief Justice of the High Court of a State specified in the said Schedule as amended by the said Act, shall, if he was immediately before such commencement drawing any amount as allowance in addition to his salary, be entitled to receive in respect of time spent on actual service as such Chief Justice, the same amount as allowance in addition to the salary specified in sub-paragraph (1) of this paragraph.".

26. Modification of entries in the Lists relating to acquisition and requisitioning of property.-In the Seventh Schedule to the Constitution, entry 33 of the Union List and entry 36 of the State List shall be omitted and for entry 42 of the Concurrent List, the following entry shall be substituted, namely:-

"42. Acquisition and requisitioning of property.".

27. Amendment of certain provisions relating to ancient and historical monuments, etc.-In each of the following provisions of the Constitution, namely:-

(i) entry 67 of the Union List,

(ii) entry 12 of the State List,

(iii) entry 40 of the Concurrent List, and

(iv) article 49,

for the words "declared by Parliament by law", the words "declared by or under law made by Parliament" shall be substituted.

28. Amendment of entry 24 of State List.-In the Seventh Schedule to the Constitution, in entry 24 of the State List, for the word and figures "entry 52", the words and figures "entries 7 and 52" shall be substituted.

29. Consequential and minor amendments and repeals and savings.- (1) The consequential and minor amendments and repeals directed in the Schedule shall be made in the Constitution and in the Constitution (Removal of Difficulties) Order, No. VIII, made under article 392 of the Constitution.

(2) Notwithstanding the repeal of article 243 of the Constitution by the said Schedule, all regulations made by the President under that article and in force immediately before the commencement of this Act shall continue in force until altered or repealed or amended by a competent Legislature or other competent authority.

THE SCHEDULE (See section 29)

CONSEQUENTIAL AND MINOR AMENDMENTS AND REPEALS IN THE CONSTITUTION

Article 3.-In the proviso, omit "specified in Part A or Part B of the First Schedule.".

Article 16.-In clause (3), for "under any State specified in the First Schedule or any local or other authority within its territory any requirement as to residence within that State" substitute-

"under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory".

Article 31A.-In sub-clause (a) of clause (2), for "Travancore-Cochin" substitute "Kerala".

Article 58.-In the Explanation, omit "or Rajpramukh or Uparajpramukh".

Article 66.-In the Explanation, omit "or Rajpramukh or Uprajpramukh".

Article 72.-In clause (3), omit "or Rajpramukh".

Article 73.-In the proviso to clause (1) omit "specified in Part A or Part B of the First Schedule".

Article 101.-In clause (2), omit "specified in Part A or Part B of the First Schedule", and for "such a State" substitute "a State".

Article 112.-In sub-clause (d) (iii) of clause (3), for "a Province corresponding to a State specified in Part A of the First Schedule", substitute "a Governor's Province of the Dominion of India".

Article 143.-In clause (2), omit "clause (i) of" and for "said clause" substitute "said proviso".

Article 151.-In clause (2), omit "or Rajpramukh".

Part VI.-In the heading, omit "IN PART A OF THE FIRST SCHEDULE".

Article 152.-For "means a State specified in Part A of the First Schedule" substitute "does not include the State of Jammu and Kashmir".

Article 214.-Omit "(1)" and clauses (2) and (3).

Article 217.-In sub-clause (b) of clause (2), omit "in any State specified in the First Schedule".

Article 219.-Omit "in a State."

Article 229.-In the proviso to clause (1) and in the proviso to clause (2), omit "in which the High Court has its principal seat".

Omit Part VII.

Article 241.-(a) In clause (1), for "State specified in Part C of the First Schedule" substitute "Union territory", and for "such State" substitute "such territory".

(b) For clauses (3) and (4), substitute-

"(3) Subject to the provisions of this Constitution and to the provisions of any law of the appropriate Legislature made by virtue of powers conferred on that Legislature by or under this Constitution, every High Court exercising jurisdiction immediately before the commencement of THE CONSTITUTION (Seventh Amendment) Act, 1956, in relation to any Union territory shall continue to exercise such jurisdiction in relation to that territory after such commencement.

(4) Nothing in this article derogates from the power of Parliament to extend or exclude the jurisdiction of a High Court for a State to, or from, any Union territory or part thereof.".

Omit article 242.

Omit Part IX.

Article 244.-Omit "specified in Part A or Part B of the First Schedule".

Article 246.-In clauses (2) and (3), omit "specified in Part A or Part B of the First Schedule" and in clause (4), for "in Part A or Part B of the First Schedule" substitute "in a State".

Article 254.---In clause (2), omit "specified in Part A or Part B of the First Schedule".

Article 255.---Omit "specified in Part A or Part B of the First Schedule".

Omit article 259.

Article 264.-For article 264, substitute-

`264. Interpretation.-In this Part, "Finance Commission" means a Finance Commission constituted under article 280.'.

Article 267.-In clause (2), omit "or Rajpramukh".

Article 268.-In clause (1), for "State specified in Part C of the First Schedule", substitute "Union territory".

Article 269.-In clause (2), for "States specified in Part C of the First Schedule" substitute "Union territories".

Article 270.--In clauses (2) and (3), for "States specified in Part C of the First Schedule" substitute "Union territories".

Omit article 278.

Article 280.-In clause (3), omit sub-clause (c) and re-letter sub-clause (d) as sub-clause (c).

Article 283.-in clause (2), omit "or Rajpramukh".

Article 291.-Omit "(1)" and clause (2).

Article 299.-In clause (1), omit "or the Rajpramukh", and in clause (2), omit "nor the Rajpramukh".

Article 304.-In clause (a) after "other States", insert "or the Union territories".

Omit article 306.

Article 308.-For "means a State specified in Part A or Part B of the First Schedule", substitute "does not include the State of Jammu and Kashmir".

Article 309.-Omit "or Rajpramukh".

Article 310.-In clause (1), omit "or, as the case may be, the Rajpramukh", and in clause (2), omit "or Rajpramukh" and "or the Rajpramukh".

Article 311.-In clause (2), omit "or Rajpramukh".

Article 315.-In clause (4), omit "or Rajpramukh".

Article 316.-In clauses (1) and (2), omit "or Rajpramukh".

Article 317.-In clause (2), omit "or Rajpramukh".

Article 318.-Omit "or Rajpramukh".

Article 320.-In clause (3), omit "or Rajpramukh" and "or Rajpramukh, as the case may be", and in clause (5), omit "or Rajpramukh".

Article 323.-In clause (2), omit "or Rajpramukh" and "or Rajpramukh, as the case may be".

Article 324.-In clause (6), omit "or Rajpramukh".

Article 330.-In clause (2), after "State" wherever it occurs, insert "or Union territory".

Article 332.-In clause (1), omit "specified in Part A or Part B of the First Schedule".

Article 333.-Omit "or Rajpramukh".

Article 337.-Omit "specified in Part A or Part B of the First Schedule".

Article 339.---In clause (1), omit "specified in Part A and Part B of the First Schedule" and in clause (2), for "any such State" substitute "a State".

Article 341.---In clause (1), after "any State" insert "or Union territory", omit "specified in Part A or Part B of the First Schedule", omit "or Rajpramukh" and after "that State" insert "or Union territory, as the case may be".

Article 342.---In clause (1), after "any State" insert "or Union territory", omit "specified in Part A or Part B of the First Schedule", omit "or Rajpramukh" and after "that State" insert "or Union territory, as the case may be.

Article 348.---Omit "or Rajpramukh".

Article 356.---In clause (1), omit "or Rajpramukh" and "or Rajpramukh, as the case may be".

Article 361.---In clauses (2), (3) and (4), omit "or Rajpramukh" and in clause (4), omit "or the Rajpramukh".

Article 362.---Omit "clause (1) of".

Article 366.---Omit clause (21), and for clause (30), substitute---

"(30) `Union territory' means any Union territory specified in the First Schedule and includes any other territory comprised within the territory of India but not specified in that Schedule.".

Article 367.---In clause (2), omit "specified in Part A or Part B of the First Schedule" and "or Rajpramukh".

Article 368.---Omit "specified in Parts A and B of the First Schedule".

Omit articles 379 to 391, both inclusive.

Second Schedule.---(a) In the heading of Part A and in paragraph 1, omit "specified in Part A of the First Schedule";

(b) in paragraph 2, omit "so specified";

(c) in paragraph 3, for "such States" substitute "the States";

(d) omit Part B;

(e) in the heading of Part C, omit "of a State in Part A of the First Schedule" and for "any such State" substitute "a State";

(f) in paragraph 8, omit "of a State specified in Part A of the First Schedule", and for "such State" substitute "a State".

Fifth Schedule.---(1) In paragraph 1, omit "means a State specified in Part A or Part B of the First Schedule but";

(b) in paragraph 3, omit "or Rajpramukh";

(c) in paragraph 4, in sub-paragraph (2), omit "or Rajpramukh, as the case may be" and in sub-paragraph (3), omit "or Rajpramukh";

(d) in paragraph 5, in sub-paragraphs (1) and (2) omit "or Rajpramukh, as the case may be", in sub-paragraph (3), omit "or Rajpramukh" and in sub-paragraph (5), omit "or the Rajpramukh".

Sixth Schedule.---In paragraph 18, in sub-paragraph (2), for "Part IX" substitute "article 240", and for "territory specified in Part D of the First Schedule" substitute "Union territory specified in that article".

Seventh Schedule.---In List I,---

(a) in entry 32, omit "specified in Part A or Part B of the First Schedule"; and

(b) for entry 79, substitute,---

"79. extension of the jurisdiction of a High Court to, and ex- clusion of the jurisdiction of a High Court from, any Union territory.".

CONSEQUENTIAL AMENDMENTS IN THE CONSTITUTION (REMOVAL OF DIFFICULTIES) ORDER No. VIII.

In the Constitution (Removal of Difficulties) Order NO. VIII, for sub-paragraphs (1), (2) and (3) of paragraph 2, substitute-

`(1) In article 81,-

(a) in sub-clause (b) of clause (1), after the words "Union territories", the words, letter and figures" and the tribal areas specified in Part B of the Table appended to paragraph 20 of the Sixth Schedule" shall be inserted; and

(b) to clause (2), the following proviso shall be added, namely:-

"Provided that the constituencies into which the State of Assam is divided shall not comprise the tribal areas specified in Part B of the Table appended to paragraph 20 of the Sixth Schedule.".

(2) In clause (2) of article 170, after the words "throughout the State", the following proviso shall be inserted, namely:-

"Provided that the constituencies into which the State of Assam is divided shall not comprise the tribal areas specified in Part B of the Table appended to paragraph 20 of the Sixth Schedule.".'

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (EIGHTH AMENDMENT) ACT, 1959

Statement of Objects and Reasons appended to THE CONSTITUTION (Fourth Amendment) Bill, 1954 which was enacted as the Constitution (Fourth Amendment) Act, 1954

STATEMENT OF OBJECTS AND REASONS

This Bill seeks to amend articles 31, 31A and 305 of, and the Ninth Schedule to, the Constitution.

2. Recent decisions of the Supreme Court have given a very wide
meaning to clauses (1) and (2) of article 31. Despite the difference
in the wording of the two clauses, they are regarded as dealing with
the same subject. The deprivation of property referred to in clause
(1) is to be construed in the widest sense as including any
curtailment of a right to property. Even where it is caused by a
purely regulatory provision of law and is not accompanied by an
acquisition or taking possession of that or any other property right
by the State, the law, in order to be valid according to these
decisions, has to provide for compensation under clause (2) of the
article. It is considered necessary, therefore, to re-state more
precisely the State's power of compulsory acquisition and
requisitioning of private property and distinguish it from cases where
the operation of regulatory or prohibitory laws of the State results
in "deprivation of property". This is sought to be done in clause 2
of the Bill.

3. It will be recalled that the zamindari abolition laws which came
first in our programme of social welfare legislation were attacked by
the interests affected mainly with reference to articles 14, 19 and
31, and that in order to put an end to the dilatory and wasteful
litigation and place these laws above challenge in the courts,
articles 31A and 31B and the Ninth Schedule were enacted by the
Constitution (First Amendment) Act. Subsequent judicial decisions
interpreting articles 14, 19 and 31 have raised serious difficulties
in the way of the Union and the States putting through other and
equally important social welfare legislation on the desired lines,
e.g., the following:-

(i) While the abolition of zamindaris and the numerous intermediaries
between the State and the tiller of the soil has been achieved for the
most part, our next objectives in land reform are the fixing of limits
to the extent of agricultural land that may be owned or occupied by
any person, the disposal of any land held in excess of the prescribed
maximum and the further modification of the rights of land owners and
tenants in agricultural holdings.

(ii) The proper planning of urban and rural areas require the
beneficial utilisation of vacant and waste lands and the clearance
of slum areas.

(iii) In the interest of national economy the State should have full
control over the mineral and oil resources of the country, including
in particular, the power to cancel or modify the terms and conditions
of prospecting licenses, mining leases and similar agreements. This
is also necessary in relation to public utility undertakings which
supply power, light or water to the public under licenses granted by
the State.

(iv) It is often necessary to take over under State management for a
temporary period a commercial or industrial undertaking or other
property in the public interest or in order to secure the better
management of the undertaking or property. Laws providing for such
temporary transference to State management should be permissible under
the Constitution.

(v) The reforms in company law now under contemplation, like the
progressive elimination of the managing agency system, provision for
the compulsory amalgamation of two or more companies in the national
interest, the transfer of an undertaking from one company to another,
etc., require to be placed above challenge.

It is accordingly proposed in clause 3 of the Bill to extend the scope
of article 31A so as to cover these categories of essential welfare
legislation.

4. As a corollary to the proposed amendment of article 31A, it is
propsed in clause 5 of the Bill to include in the Ninth Schedule to
the Constitution two more State Acts and four Central Acts which fall
within the scope of sub-clauses (d) and (f) of clause (1) of the
revised article 31A. The effect will be their complete, retrospective
validation under the provisions of article 31B.

5. A recent judgment of the Supreme Court in Saghir Ahmed v. the
State of U.P. has raised the question whether an Act providing for a
State monopoly in a particular trade or business conflicts with the
freedom of trade and commerce guaranteed by article 301, but left the
question undecided. Clause (6) of article 19 was amended by the
Constitution (First Amendment) Act in order to take such State
monopolies out of the purview of sub-clause (g) of clause (1) of that
article, but no corresponding provision was made in Part XIII of the
Constitution with reference to the opening words of article 301. It
apears from the judgment of the Supreme Court that notwithstanding the
clear authority of Parliament or of a State Legislature to introduce
State monopoly in a particular sphere of trade or commerce, the law
might have to be justified before the courts as being "in the public
interest" under article 301 or as amounting to a "reasonable
restriction" under article 304(b). It is considered that any such
question ought to be left to the final decision of the Legislatue.
Clause 4 of the Bill accordingly proposes an amendment of article 305
to make this clear.

NEW DELHI; JAWAHARLAL NEHRU.

The 17th December, 1954.

THE CONSTITUTION (EIGHTH AMENDMENT) ACT, 1959

[5th January,1960.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Tenth Year of the Republic of India
as follows:---

1. Short title.-This Act may be called the Constitution (Eighth
Amendment) Act, 1959.

2. Amendment of article 334.-In article 334 of the Constitution, for
the words "ten years" the words "twenty years" shall be substituted.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (NINTH AMENDMENT) ACT, 1960

Statement of Objects and Reasons appended to the Constitution (Ninth Amendment) Bill, 1960 (Bill No. 90 of 1960) which was enacted as THE CONSTITUTION (Ninth Amendment) Act, 1960

STATEMENT OF OBJECTS AND REASONS

Agreements between the Governments of India and Pakistan dated 10th September, 1958, 23rd October, 1959, and 11th January, 1960, settled certain boundary disputes between the Governments of India and Pakistan relating to the borders of the States of Assam, Punjab and West Bengal, and the Union territory of Tripura.

According to these agreements, certain territories are to be transferred to Pakistan after demarcation. In the light of the Advisory Opinion of the Supreme Court in Special Reference No. 1 of 1959, it is proposed to amend the First Schedule to the Constitution under a law relatable to article 368 thereof to give effect to the transfer of theses territories.

NEW DELHI; JAWAHARLAL NEHRU.

The 12th December, 1960.

THE CONSTITUTION (NINTH AMENDMENT) ACT, 1960

[28th December, 1960.]

An Act further to amend the Constitution of India to give effect to the transfer of certain territories to Pakistan in pursuance of the agreements entered into between the Governments of India and Pakistan.

BE it enacted by Parliament in the Eleventh Year of the Republic of India as follows:-

1. Short title.-This Act may be called the Constitution (Ninth Amendment) Act, 1960.

2. Definitions.- In this Act,-

(a) "appointed day" means such date_661 as the Central Government may, by notification in the Official Gazette, appoint as the date for the transfer of territories to Pakistan in pursuance of the Indo-Pakistan agreements, after causing the territories to be so transferred and referred to in the First Schedule demarcated for the purpose, and different dates1 may be appointed for the transfer of such territories from different States and from the Union territory of Tripura;

(b) "Indo-Pakistan agreements" mean the Agreements dated the 10th day of September, 1958, the 23rd day of October, 1959 and the 11th day of January, 1960, entered into between the Governments of India and Pakistan, the relevant extracts of which are set out in the Second Schedule;

(c) "transferred territory" means so much of the territories comprised in the Indo-Pakistan agreements and referred to in the First Schedule as are demarcated for the purpose of being transferred to Pakistan in pursuance of the said agreements.

3. Amendment of the First Schedule to the Constitution.-As from the appointed day, in the First Schedule to the Constitution,-

(a) in the paragraph relating to the territories of the State of Assam the words, brackets and figures "and the territories referred to in Part I of the First Schedule to the Constitution (Ninth Amendment) Act, 1960" shall be added at the end;

(b) in the paragraph relating to the territories of the State of Punjab, the words, brackets and figures "but excluding the territories referred to in Part II of the First Schedule to the Constitution (Ninth Amendment) Act, 1960" shall be added at the end;

(c) in the paragraph relating to the territories of the State of West Bengal, the words, brackets and figures "but excluding the territories referred to in Part III of the First Schedule to the Constitution (Ninth Amendment) Act, 1960" shall be added at the end;

(d) in the paragraph relating to the extent of the Union territory of Tripura, the words, brackets and figures "but excluding the territories referred to in Part IV of the First Schedule to the Constitution (Ninth Amendment) Act, 1960" shall be added at the end.

[See Sections 2(a), 2(c) and 3]

PART I

The transferred territory in relation to item (7) of paragraph 2 of the Agreement dated the 10th day of September, 1958, and item (i) of paragraph 6 of the Agreement dated the 23rd day of October, 1959.

PART II

The transferred territory in relation to item (i) and item (iv) of paragraph 1 of the Agreement dated the 11th day of January, 1960.

PART III

The transferred territory in relation to item (3), item (5) and item (10) of paragraph 2 of the Agreement dated the 10th day of September, 1958, and paragraph 4 of the Agreement dated the 23rd day of October, 1959.

PART IV

The transferred territory in relation to item (8) of paragraph 2 of the Agreement dated the 10th day of September, 1958.

THE SECOND SCHEDULE

[See section 2(b)]

1. EXTRACTS FROM THE NOTE CONTAINING THE AGREEMENT DATED THE 10TH DAY OF SEPTEMBER, 1958

2. As a result of the discussions, the following agreements were arrived at:-

(3) Berubari Union No. 12

This will be so divided as to give half the area to Pakistan the other half adjacent to India being retained by India. The division of Berubari Union No. 12 will be horizontal, starting from the north-east corner of Debiganj thana.

The division should be made in such a manner that the Cooch Behar enclaves between Pachagar thana of East Pakistan and Berubari Union No. 12 of Jalpaiguri thana of West Bengal will remain connected as at present with Indian territory and will remain with India. The Cooch Behar enclaves lower down between Boda thana of East Pakistan and Berubari Union No. 12 will be exchanged alongwith the general exchange of enclaves and will go to Pakistan.

(5) 24 Parganas---Khulna 24 Parganas---Jessore Boundary disputes.

It is agreed that the mean of the two respective claims of India and Pakistan should be adopted, taking the river as a guide, as far as possible, in the case of the latter dispute (Ichhamati river).

(7) Piyain and Surma river regions to be demarcated in accordance with the relevant notifications, cadastral survey maps and, if necessary, record of rights. Whatever the result of this demarcation might be, the nationals of both the Governments to have the facility of navigation on both these rivers.

(8) Government of India agree to give in perpetual right to Pakistan the land belonging to Tripura State to the west of the railway line as well as the land appurtenant to the railway line at Bhagalpur.

(10) Exchange of old Cooch Behar enclaves in Pakistan and Pakistan enclaves in India without claim to compensation for extra area going to Pakistan, is agreed to.

(Sd.) M. S. A. BAIG, Foreign Secretary, Ministry of Foreign Affairs and Commonwealth Relations, Government of Pakistan.

(Sd.) M. J. DESAI, Commonwealth Secretary, Ministry of External Affairs, Government of India.

NEW DELHI, THE SEPTEMBER 10, 1958.

2. EXTRACTS FROM AGREEMENT ENTITLED "AGREED DECISIONS AND PRO- CEDURES TO END DISPUTES AND INCIDENTS ALONG THE INDO-EAST PAKISTAN BORDER AREAS", DATED THE 23RD DAY OF OCTOBER, 1959.

4. West Bengal-East Pakistan Boundary Over 1,200 miles of this boundary have already been demarcated. As regards the boundary between West Bengal and East Pakistan in the areas of Mahananda, Burung and Karatoa rivers, It was agreed that demarcation will be made in accordance with the latest cadastral survey maps supported by relevant notifications and record-of-rights.

6. Assam-East Pakistan Boundary.

(i) The dispute concerning Bagge Award III has been settled by adopting the following rational boundary in the Patharia Forest Reserve region:

From a point marked X (H522558) along the Radcliffe Line BA on the old Patharia Reserve Boundary as shown in the topographical map sheet No. 83D/5, the boundary line shall run in close proximity and parallel to the cart road to its south to a point A (H531554); thence in a southerly direction up the spur and along the ridge to a hill top marked B (H523529); thence in a south-easterly direction along the ridge down the spur across a stream to a hill top marked C (H532523); thence in a southerly direction to a point D (H530517); thence in a south-westerly direction to a flat top E (H523507); thence in a southerly direction to a point F (H524500); thence in a south-easterly direction in a straight line to the mid-stream point of the Gandhai Nala marked G (H540494); thence in south-westerly direction up the mid-stream of Gandhai Nala to point H (H533482); thence in a south-westerly direction up a spur and along the ridge to a point I (H517460); thence in a southerly direction to a point on the ridge marked J (H518455); thence in a south-westerly direction along the ridge to a point height 364 then continues along the same direction along the same ridge to a point marked K (H500428); thence in a south and south-westerly direction along the same ridge to a point marked L (H496420); thence in a south- easterly direction along the same ridge to a point marked M (H499417); thence in a south-westerly direction along the ridge to a point on the bridle path with a height 587; then up the spur to the hill top marked N (H487393); then in a south-easterly and southerly direction along the ridge to the hill top with height 692; thence in a southerly direction down the spur to a point on Buracherra marked O (H484344); thence in a south-westerly direction up the spur along the ridge to the trigonometrical survey station with height 690; thence in a southerly direction along the ridge to a point height 490 (H473292); thence in a straight line due south to a point on the eastern boundary of the Patharia Reserve Forest marked Y (H473263); along the Radcliffe Line BA

The line described above has been plotted on two copies of topographical map sheets Nos. 83D/5, 83D/6 and 83D/2.

The technical experts responsible for the ground demarcation will have the authority to make minor adjustments in order to make the boundary alignment agree with the physical features as described.

The losses and gains to either country as a result of these adjustments with respect to the line marked on the map will be balanced by the technical experts.

(Sd.) J. G. KHARAS, Acting Foreign Secretary, Ministry of Foreign Affairs and Commonwealth Relations, Karachi.

(Sd.) M. J. DESAI, Commonwealth Secretary, Ministry of External Affairs, New Delhi.

NEW DELHI; OCTOBER 23, 1959.

3. EXTRACTS FROM THE AGREEMENT ENTITLED "AGREED DECISIONS AND PROCEDURES TO END DISPUTES AND INCIDENTS ALONG THE INDO-WEST PAKISTAN BORDER AREAS", DATED THE 11TH DAY OF JANUARY, 1960.

1. West Pakistan-Punjab border.-Of the total of 325 miles of the border in this sector, demarcation has been completed along about 252 miles. About 73 miles of the border has not yet been demarcated due to differences between the Governments of India and Pakistan regarding interpretation of the decision and Award of the Punjab Boundary Commission presented by Sir Cyril Radcliffe as Chairman of the Commission. These differences have been settled along the lines given below in a spirit of accommodation:

(i) The Sarja Marja, Rakh Hardit Singh and Pathanke (Amritsar- Lahore border).-The Governments of India and Pakistan agree that the boundary between West-Pakistan and India in the this region should follow the boundary between the Tehsils of Lahore and Kasur as laid down under Punjab Government Notification No. 2183-E, dated 2nd June, 1939. These three villages will in consequence, fall within the territorial jurisdiction of the Government of Pakistan.

(iv) Suleimanke (Ferozepur-Montgomery border).-The Governments of India and Pakistan agree to adjust the district boundaries in this region as specified in the attached Schedule and as shown in the map appended thereto as Annexure I.

(Sd.) M. J. DESAI, Commonwealth Secretary, Ministry of External Affairs, Government of India.

(Sd.) J. G. KHARAS, Joint Secretary, Ministry of Foreign Affairs and Commonwealth Relations, Government of Pakistan.

NEW DELHI; JANUARY 11, 1960.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (TENTH AMENDMENT) ACT, 1961

Statement of Objects and Reasons appended to the Constitution
(Tenth Amendment) Bill, 1961 (Bill No. 43 of 1961) which was
enacted as THE CONSTITUTION (Tenth Amendment) Act,1961

STATEMENT OF OBJECTS AND REASONS

The people and the Varishta Panchayat of Free Dadra and Nagar Haveli
have repeatedly affirmed their request to the Government of India for
integration of their territories with the Union of India to which they
rightly belong. Their request was recently embodied in a formal
Resolution adopted by the Varishta Panchayat on the 12th June, 1961.

In deference to the desire and request of the people of Free Dadra and
Nagar Haveli for integration of their territories with the Union of
India, the Government of India have decided that these territories
should form part of the Union of India.

It is proposed to specify these areas expressly as the Union territory
of Dadra and Nagar Haveli by amending the First Schedule to the
Constitution. It is further proposed to amend clause (1) of article
240 of the Constitution to include therein the Union territory of
Dadra and Nagar Haveli in order to enable the President to make
regulations for the peace, progress and good government of the
territory.

The Bill seeks to give effect to these proposals.

NEW DELHI. JAWAHARLAL NEHRU.

Statement of Objects and Reasons appended to the Constitution
(Tenth Amendment) Bill, 1956 (Bill No. 35 of 1956) which was enacted
as THE CONSTITUTION (Sixth Amendment) Act, 1956

STATEMENT OF OBJECTS AND REASONS

While "taxes on the sale or purchase of goods other than newspapers"
is an entry in the State List, article 286 of the Constitution
subjects the States' power to impose such taxes to four restrictions,
of which two are total and two are partial. Under clause (1) of the
article, a State is debarred from imposing such a tax when the sale or
purchase takes place outside the State or in the course of import
into, or export from, the country. With regard to the first
restriction, namely, the non-taxability of sales outside the State, an
explanation is given in the clause that "a sale or purchase shall be
deemed to have taken place in the State in which goods have actually
been delivered as a direct result of such sale or purchase for the
purpose of consumption in that State". Then, under clause (2), a
State is debarred from imposing the tax on inter-State sales except in
so far as Parliament may otherwise provide. Lastly, under clause (3),
Parliament is authorised to declare the goods which are essential to
the life of the community, and when such a declaration has been made,
any law made by a State legislature imposing a tax on the sale or
purchase of those goods has to receive the President's assent in order
to be effective.

High judicial authorities have found the interpretation of the article
a difficult task and expressed divergent views as to the scope and
effect, in particular, of the explanation in clause (1) and of clause
(2). The majority view of the Supreme Court in the State of Bombay v.
the United Motors (India) Ltd., (1953) S.C.R. 1069, was that
sub-clause (a) and the explanation in clause (1) prohibited the
taxation of a sale involving inter-State elements by all States except
the State in which the goods are delivered for the purpose of
consumption therein, and further more, that clause (2) did not affect
the power of that State to tax the inter-State sale even though
Parliament had not made a law removing the ban imposed by that clause.
This resulted in dealers resident in one State being subjected to the
sales tax jurisdiction and procedure of several other States with
which they had dealings in the normal course of their business.
Two-and-a-half years later, the second part of this decision was
reversed by the Supreme Court in the Bengal Immunity Company Ltd. v.
the State of Bihar. (1955) S.C.A. 1140 but here too the Court was
not unanimous.

In pursuance of clause (3) of the article, Parliament passed an Act in
1952 declaring a number of goods like foodstuffs of various kinds,
cloth, raw cotton, cattle feeds, iron and steel, coal, etc., to be
essential to the life of the community. Since this declaration could
not affect pre-existing State laws imposing sales tax on these goods,
the result was a wide disparity from State to States, not only in the
range of exempted goods, but also in the rates applicable to them.

The Taxation Enquiry Commission, after examining the problem with
great care and throughness, have made certain recommendations which
may be summarised as follows. In essence, sales tax must continue to
be a State source of revenue and its levy and administration must
substantially pertain to the State Governments. The sphere of power
and responsibility of the State may, however, be said to end, and that
of the Union to begin, when the sales tax of one State impinges,
administratively on the dealers, and fiscally on the consumers, of
another State. Broadly, therefore, inter-State sales should be the
concern of the Union, but the responsibilities pertaining to the Union
could be exercised through the State Governments, and in any case, the
revenue should appropriately devolve on them. Intra-State sales, on
the other hand, should be left to the States, but with one important
exception. Where, for instance, raw material produced in a State is
important from the point of view of the consumer or the industry of
another State, certain restrictions have to be placed on the taxing
power of the State Government, as otherwise it can effect an increase
in the cost of the manufactured article, whether such manufacture
takes place in the State which produces the raw material, or in
another State which imports the material from that State. In either
case, to the extent that the finished goods are consumed in a State
other than the one which taxes the raw materal, the increase in cost
on account of the tax is a matter of direct concern to the consumer of
another State. Such cases of intra-State sales should apropriately be
brought under the full control of the Union. These recommendations of
the Commission have been generally accepted by all the State
Governments.

The object of this Bill is to give effect to the recommendations of
the Commission as regards the amendment of the constitutional
provisions relating to sales tax.

In clause 2, it is proposed to add a new entry 92A in the Union List
placing taxes on inter-State sales and purchases within the exclusive
legislative and executive power of the Union, and to make entry 54 of
the State List "subject to the provisions" of this new entry.

In clause 3, it is proposed to add these taxes to the list given in
clause (1) of article 269, so that, although they will be levied and
collected in accordance with an Act of Parliament, they will not form
part of the Consolidated Fund of India, but will accrue to the States
themselves in accordance with such principles of distribution as may
be formulated by Parliament by law. A further provision is proposed
in article 269 expressly empowering Parliament to formulate by law
principles for determining when a sale or purchase of goods takes
place in the course of inter-State trade or commerce.

It is proposed in clause 4 to omit from clause (1) of article 286 the
explanation which has given rise to a great deal of legal controversy
and practical difficulty. In view of the centralisation of
inter-State sales tax proposed in clause 2 of this Bill clause (2) of
article 286 in its present form will cease to be appropriate. In its
place it is proposed to insert a provision empowering Parliament to
formulate principles for determining when a sale or purchase of goods
takes place (a) outside a State, or (b) in the course of import of the
goods into the territory of India or (c) in the course of export of
the goods out of the territory of India.

It is further proposed to replace clause (3) of article 286 by a new
clause on the lines recommended by the Taxation Enquiry Commission.
Under this revised clause Parliament will have the power to declare by
law the goods which are of special importance in inter-State trade or
commerce and also to specify the restrictions and conditions to which
any State law (whether made before or after the Parliamentary law)
will be subject in regard to the system of levy, rates and other
incidents of the tax on the sale or purchase of those goods.

[BW DELHI; MANILAL SHAH.

The 30th April, 1956.

THE CONSTITUTION (TENTH AMENDMENT) ACT, 1961

[16th August, 1961.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Twelfth Year of the Republic of
India as follows:-

1. Short title and commencement.-(1) This Act may be called the
Constitution (Tenth Amendment) Act, 1961.

(2) It shall be deemed to have come into force on the 11th day of
August, 1961.

2. Amendment of the First Schedule to the Constitution.-In the First
Schedule to the Constitution, under the heading "THE UNION
TERRITORIES", after entry 6, the following entry shall be inserted,
namely:-

"7. Dadra and The territory which immediately before
Nagar Haveli the eleventh day of August, 1961 was
comprised in Free Dadra and Nagar
Haveli.".

3. Amendment of article 240.-In article 240 of the Constitution, in
clause (1), after entry (b), the following entry shall be inserted,
namely:-

"(c) Dadra and Nagar Haveli.".

{}

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (ELEVENTH AMENDMENT) ACT, 1961

Statement of Objects and Reasons appended to the Constitution
(Eleventh Amendment) Bill, 1961 which was enacted as
the Constitution (Eleventh Amendment) Act, 1961

STATEMENT OF OBJECTS AND REASONS

Under article 66(1) of the Constitution, the Vice-President has to be
elected by members of both Houses of Parliament assembled at a joint
meeting. The requirement that members of the two Houses should
assemble at a joint sitting for the election of the Vice-President
seems to be totally unnecessary and may also cause practical
difficulties. It is, therefore, proposed to amend this article to
provide that the Vice-President will be elected by members of an
electoral college consisting of members of both Houses of Parliament.
Under article 54 of the Constitution, the President is elected by an
electoral college consisting of the elected members of both Houses of
Parliament and of the Legislative Assemblies of the States. Every
effort is made to complete such elections before the date of the
Presidential election. It is, however, possible that the elections to
the two Houses of Parliament may not be completed before the President
or the Vice-President is elected. It is, therefore, proposed to amend
article 71 of the Constitution so as to make it clear that the
election of the President or the Vice-President cannot be challenged
on the ground of any vacancy for any reason in the appropriate
electoral college.

2. The Bill seeks to achieve these objects. The notes on clauses
appended to the Bill explain the provisions thereof.

NEW DELHI; A .K. SEN.

The 24th November, 1961.

THE CONSTITUTION (ELEVENTH AMENDMENT) ACT, 1961

[19th December,1961.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Twelfth Year of the Republic of India as
follows:-

1. Short title.-This Act may be called the Constitution (Eleventh
Amendment) Act, 1961.

(2) Amendment of article 66.-In article 66 of the Constitution, in
clause (1), for the words "members of both Houses of Parliament
assembled at a joint meeting", the words "members of an electoral
college consisting of the members of both Houses of Parliament" shall
be substituted.

3. Amendment of article 71.-In article 71 of the Constitution, after
clause (3), the following clause shall be inserted, namely:-

"(4) The election of a person as President or Vice-President shall not
be called in question on the ground of the existence of any vacancy
for whatever reason among the members of the electoral college
electing him.".

{}

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (TWELFTH AMENDMENT) ACT, 1962

Statement of Objects and Reasons appended to the Constitution
(Twelfth Amendment) Bill, 1962 which was enacted as the
Constitution (Twelfth Amendment) Act, 1962

STATEMENT OF OBJECTS AND REASONS

On the acquisition of the territories of Goa, Daman and Diu with
effect from the 20th December, 1961, these territories have, by virtue
of sub-clause (c) of clause (3) of article 1 of the Constitution, been
comprised within the territory of India from that date and they are
being administered as a Union territory by the President through an
Administrator in accordance with article 239 of the Constitution. It
is, however, considered desirable that Goa, Daman and Diu should be
specifically included as a Union territory in the First Schedule to
the Constitution. It is also considered that clause (1) of article
240 should be suitably amended to confer power on the President to
make regulations for the peace, progress and good government of Goa,
Daman and Diu, as has been done in the case of Dadra and Nagar Haveli.

The Constitution (Twelfth Amendment) Bill, 1962 seeks to make the
above mentioned provisions.

JAWAHARLAL NEHRU.

THE CONSTITUTION (TWELFTH AMENDMENT) ACT, 1962

[27th March, 1962.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Thirteenth Year of the Republic of
India as follows:-

1. Short title and commencement.-(1) This Act may be called the
Constitution (Twelfth Amendment) Act, 1962.

(2) It shall be deemed to have come into force on the 20th day of
December 1961.

2. Amendment of the First Schedule to the Constitution.-In the First
Schedule to the Constitution, under the heading "THE UNION
TERRITORIES", after entry 7, the following entry shall be inserted,
namely:-

8. Goa, Daman The territories which immediately before
and Diu the twentieth day of December, 1961
were comprised in Goa, Daman and Diu.".

3. Amendment of article 240.-In article 240 of the Constitution, in
clause (1), after entry (c), the following entry shall be inserted,
namely:-

"(d) Goa, Daman and Diu.".

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (THIRTEENTH AMENDMENT) ACT, 1962

Statement of Objects and Reasons appended to the Constitution
(Thirteenth Amendment) Bill, 1962 which was enacted as
the Constitution (Thirteenth Amendment) Act, 1962

STATEMENT OF OBJECTS AND REASONS

In July, 1960, an agreement was reached by the Government of India
with the leaders of the Naga Peoples Convention under which it was
decided that Naga Hills-Tuensang Area (Nagaland), which is at present
a Part 'B' tribal area within the State of Assam, will be formed into
a separate State in the Union of India.

2. The Agreement inter alia provides that-

(a) the Governor of the State of Nagaland shall have special
responsibility for law and order for so long as the law and order
situation continues to remain disturbed on account of hostile
activities;

(b) the Governor shall have general responsibility with regard to the
funds made available to the new State by the Government of India;

(c) the administration of the Tuensang District of Nagaland shall be
carried on by the Governor for a period of ten years during which it
is expected that the people of that area would be in a position to
shoulder fuller responsibilities of administration. A Regional
Council is to be formed for the said Tuensang District comprising
elected representative from the tribes therein. This Regional Council
will supervise and guide the working of the Village, Range and Area
Councils in that district and further no law passed by the Nagaland
legislature will extend to that district unless so recommended by the
Regional Council;

(d) Acts of Parliament shall not apply to Nagaland unless so decided
by the Nagaland Legislature with regard to:-

(i) religious or social practices of the Nagas;

(ii) Naga Customary Law and procedure;

(iii) administration of civil and criminal justice involving decisions
according to Naga Customary Law;

(iv) ownership and transfer of land and its resources.

3. As these matters are peculiar to the proposed new State of
Nagaland, provision with respect thereto has to be made in the
Constitution itself. This Bill accordingly seeks to amend the
Constitution to provide for the aforesaid matters and matters
ancillary thereto. A separate Bill for the formation of the new State
relatable to article 3 is also being introduced.

NEW DELHI; JAWAHARLAL NEHRU.

THE CONSTITUTION (THIRTEENTH AMENDMENT) ACT, 1962

[28th December, 1962.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Thirteenth Year of the Republic of
India as follows:--

1. Short title and commencement.-(1) This Act may be called
the Constitution (Thirteenth Amendment) Act, 1962.

(2) It shall come into force on such date_662 as the Central
Government may, by notification in the Official Gazette, appoint.

2. Amendment of Part XXI.-In PART XXI of the Constitution,-

(a) for the heading, the following beading shall be substituted,
namely:-

"TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS";

(b) after article 371, the following article shall be inserted,
namely:-

Special provision with respect to the State of Nagaland.

(b) Special provision with respect to the State of Nagaland.-

`371A. (1) Notwithstanding anything in this Constitution,-

(a) no Act of Parliament in respect of-

(i) religious or social practices of the Nagas,

(ii) Naga customary law and procedure,

(iii) administration of civil and criminal justice involving
decisions according to Naga customary law,

(iv) ownership and transfer of land and its resources,

shall apply to the State of Nagaland unless the Legislative Assembly
of Nagaland by a resolution so decides;

(b) the Governor of Nagaland shall have special responsibility with
respect to law and order in the State of Nagaland for so long as in
his opinion internal disturbances occurring in the Naga Hills-Tuensang
Area immediately before the formation of that State continue therein
or in any part thereof and in the discharge of his functions in
relation thereto the Governor shall, after consulting the Council of
Ministers, exercise his individual judgment as to the action to be
taken:

Provided that if any question arises whether any matter is or is not a
matter as respects which the Governor is under this sub-clause
required to act in the exercise of his individual judgment, the
decision of the Governor in his discretion shall be final, and the
validity of anything done by the Governor shall not be called in
question on the ground that he ought or ought not to have acted in the
exercise of his individual judgment:

Provided further that if the President on receipt of a report from the
Governor or otherwise is satisfied that it is no longer necessary for
the Governor to have special responsibility with respect to law and
order in the State of Nagaland, he may by order direct that the
Governor shall cease to have such responsibility with effect from such
date as may be specified in the order;

(c) in making his recommendation with respect to any demand for a
grant, the Governor of Nagaland shall ensure that any money provided
by the Government of India out of the Consolidated Fund of India for
any specific service or purpose is included in the demand for a grant
relating to that service or purpose and not in any other demand;

(d) as from such date as the Governor of Nagaland may by public
notification in this behalf specify, there shall be established a
regional council for the Tuensang district consisting of thirty-five
members and the Governor shall in his discretion make rules providing
for-

(i) the composition of the regional council and the manner in which
the members of the regional council shall be chosen:

Provided that the Deputy Commissioner of the Tuensang district shall
be the Chairman ex officio of the regional council and the
Vice-Chairman of the regional council shall be elected by the members
thereof from amongst themselves;

(ii) the qualifications for being chosen as, and for being, members,
of the regional council;

(iii) the term of office of, and the salaries and allowances, if any,
to be paid to members of, the regional council;

(iv) the procedure and conduct of business of the regional council;

(v) the appointment of officers and staff of the regional council and
their conditions of services; and

(vi) any other matter in respect of which it is necessary to make
rules for the constitution and proper functioning of the regional
council.

(2) Notwithstanding anything in this Constitution, for a period of ten
years from the date of the formation of the State of Nagaland or for
such further period as the Governor may, on the recommendation of the
regional council, by public notification specify in this behalf,-

(a) the administration of the Tuensang district shall be carried on by
the Governor;

(b) where any money is provided by the Government of India to the
Government of Nagaland to meet the requirements of the State of
Nagaland as a whole, the Governor shall in his discretion arrange for
an equitable allocation of that money between the Tuensang district
and the rest of the State;

(c) no Act of the Legislature of Nagaland shall apply to the Tuensang
district unless the Governor, on the recommendation of the regional
council, by public notification so directs and the Governor in giving
such direction with respect to any such Act may direct that the Act
shall in its application to the Tuensang district or any part thereof
have effect subject to such exceptions or modifications as the
Governor may specify on the recommendation of the regional council:

Provided that any direction given under this sub-clause may be given
so as to have retrospective effect;

(d) the Governor may make regulations for the peace progress and good
government of the Tuensang district and any regulations so made may
repeal or amend with retrospective effect, if necessary, any Act of
Parliament or any other law which is for the time being applicable to
that district;

(e) (i) one of the members representing the Tuensang district in the
Legislative Assembly of Nagaland shall be appointed Minister for
Tuensang affairs by the Governor on the advice of the Chief Minister
and the Chief Minister in tendering his advice shall act on the
recommendation of the majority of the members as aforesaid;

(ii) the Minister for Tuensang affairs shall deal with, and have
direct access to the Governor on, all matters relating to the Tuensang
district but he shall keep the Chief Minister informed about the same;

(f) notwithstanding anything in the foregoing provisions of this
clause, the final decision on all matters relating to the Tuensang
district shall be made by the Governor in his discretion;

(g) in articles 54 and 55 and clause (4) of article 80, references to
the elected members of the Legislative Assembly of a State or to each
such member shall include references to the members or member of the
Legislative Assembly of Nagaland elected by the regional council
established under this article;

(h) in article 170-

(i) clause (1) shall, in relation to the Legislative Assembly of
Nagaland, have effect as if for the word `sixty', the words
`forty-six' had been substituted;

(ii) in the said clause the reference to direct election from
territorial constituencies in the State shall include election by the
members of the regional council established under this article;

(iii) in clauses (2) and (3), references to territorial constituencies
shall mean references to territorial constituencies in the Kohima and
Mokokchung districts.

(3) If any difficulty arises in giving effect to any of the foregoing
provisions of this article, the President may by order do anything
(including any adaptation or modification of any other article) which
appears to him to be necessary for the purpose of removing that
difficulty:

Provided that no such order shall be made after the expiration of
three years from the date of the formation of the State of Nagaland.

Explanation.-In this article, the Kohima, Mokokchung and Tuensang
districts shall have the same meanings as in the State of Nagaland
Act, 1962.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (FOURTEENTH AMENDMENT) ACT, 1962

Statement of Objects and Reasons appended to the Constitution
(Fourteenth Amendment) Bill, 1962 which was enacted as
THE CONSTITUTION (Fourteenth Amendment) Act, 1962

STATEMENT OF OBJECTS AND REASONS

With the ratification of the Treaty of Cession by the Governments of
India and France, on the 16th August, 1962, the French establishments
of Pondicherry, Karikal, Mahe and Yanam became territories of the
Indian Union with effect from that date. This Bill provides for these
territories being specified in the Constitution itself as a Union
territory called 'Pondicherry'. Under article 81(1)(b) of the
Constitution, not more than twenty members are to represent the Union
territories in the House of the People. This maximum has already been
reached. The Bill accordingly seeks to increase this number to
twenty-five to enable representation being given immediately to
Pondicherry in the House of the People and to provide for future
contingencies. The Bill also provides for representation of the
territory in the Council of States.

It is proposed to create Legislatures and Councils of Ministers in the
Union territories of Himanchal Pradesh, Manipur, Tripura, Goa, Daman
and Diu and Pondicherry broadly on the pattern of the scheme which was
in force in some of the Part C States before the reorganisation of the
States. The Bill seeks to confer necessary legislative power on
Parliament to enact laws for this purpose through a new article 239A
which follows generally the provisions of article 240 as it stood
before the reorganisation of the States.

NEW DELHI; LAL BAHADUR.

The 25th August, 1962.

THE CONSTITUTION (FOURTEENTH AMENDMENT) ACT, 1962

[28th December, 1962.]

An Act further to amend the Constitution of India

BE it enacted by Parliament in the Thirteenth Year of the Republic of
India as follows:-

1. Short title.-This Act may be called the Constitution (Fourteenth
Amendment) Act, 1962.

2. Amendment of article 81.-In article 81 of the Constitution, in
sub-clause (b) of clause (1), for the words "twenty members", the
words "twenty-five members" shall be substituted.

3. Amendment of the First Schedule.-In the First Schedule to the
Constitution, under the heading "II. THE UNION TERRITORIES", after
entry 8, the following entry shall be inserted, namely:-

"9. Pondicherry The territories which immediately before
the sixteenth day of August, 1962, were
comprised in the French Establishments in
India known as Pondicherry, Karikal, Mahe and
Yanam.".

4. Insertion of new article 239A.-After article 239 of the
Constitution, the following article shall be inserted, namely:-

"239A. Creation of local Legislatures or Council of Ministers or both
for certain Union territories.-(1) Parliament may by law create for
any of the Union territories of Himachal Pradesh, Manipur, Tripura,
Goa, Daman and Diu, and Pondicherry-

(a) a body, whether elected or partly nominated and partly elected, to
function as a Legislature for the Union territory, or

(b) a Council of Ministers,

or both with such constitution, powers and functions, in each case, as
may be specified in the law.

(2) Any such law as is referred to in clause (1) shall not be deemed
to be an amendment of this Constitution for the purposes of article
368 notwithstanding that it contains any provision which amends or has
the effect of amending this Constitution.".

5. Amendment of article 240.-In article 240 of the Constitution, in
clause (1),-

(a) after entry (d), the following entry shall be inserted, namely:-

"(e) Pondicherry:";

(b) the following proviso shall be inserted at the end, namely:-

"Provided that when any body is created under article 239A to function
as a Legislature for the Union territory of Goa, Daman and Diu or
Pondicherry, the President shall not make any regulation for the
peace, progress and good government of that Union territory with
effect from the date appointed for the first meeting of the
Legislature.".

6. Amendment of the Fourth Schedule.-In the Fourth Schedule to
the Constitution, in the Table,-

(a) after entry 20, the entry

"21. Pondicherry ........1" shall be inserted;

(b) for the figures "225", the figures "226" shall be substituted.

7. Retrospective operation of certain provisions.-Section 3 and
clause (a) of section 5 shall be deemed to have come into force on the
16th day of August, 1962.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (FIFTEENTH AMENDMENT) ACT, 1963

Statement of Objects and Reasons appended to the Constitution
(Fifteenth Amendment) Bill, 1962 which was enacted as
the Constitution (Fifteenth Amendment) Act, 1963

STATEMENT OF OBJECTS AND REASONS

Several amendments to the Constitution have been under consideration
for a long time. The Constitution (Fifth Amendment) Bill was
introduced in Lok Sabha in November, 1955, to give effect to some of
them. For various reasons, the Bill could not be proceeded with, and
it was allowed to lapse except the one relating to the amendment of
article 3 of the Constitution. This article was amended separately by
the Constitution (Fifth Amendment) Act, 1955. The present Bill
contains some of the proposals included in the Constitution (Fifth
Amendment) Bill and, in addition , there are a few more proposals for
amendment of the Constitution. The proposals relating to articles
276, 297, 311, and 316 of the Constitution were contained in the
Constitution (Fifth Amendment) Bill and they have been adopted with
some minor modifications. The new proposals relate to articles 124,
128, 217, 220, 222, 224A, 226 and entry 78 of the Union List.

2. It is proposed to amend article 217 so as to raise the age of
retirement of High Court Judges from sixty years to sixty-two years.
When any question arises to the correct age of a Judge of the Supreme
Court or of a High Court, the question has to be decided by the
President. It is proposed to make the position clear by making a
specific provision in articles 124 and 217. It is considered
desirable in the public interest that Judges should be transferred
from one High Court to another. Such transfer is expected to impose
additional financial burden on the Judge who is so transferred. It
is, therefore, proposed to pay him some compensatory allowance in
addition to his salary. When a Judge is transferred from one High
Court to another, he cannot, in view of the provisions of article 220,
resume practice in any of the High Courts in which he has held office
as a Judge. The provisions of article 220 therefore put a check on
the proposal for the transfer of any Judge of a High Court. It is,
therefore, proposed to amend article 220 so that the restriction
regarding resumption of practice should apply only to the High Court
from which the Judge retires, provided that he had served in that High
Court for a period of at least five years immediately before
retirement. Such a provision would facilitate the transfer of Judges.
Under the existing article 226 of the Constitution, the only High
Court which has jurisdiction with respect to the Central Government is
the Punjab High Court. This involves considerable hardship to
litigants from distant places. It is, therefore, proposed to amend
article 226 so that when any relief is sought against any Government,
authority or person for any action taken, the High Court within whose
jurisdiction the cause of action arise may also have jurisdiction to
issue appropriate directions, orders or writs. The other new
proposals are of a minor character.

3. The notes on clauses appended to the Bill explain the provisions
thereof.

NEW DELHI; A. K. SEN.

The 14th November, 1962.

THE CONSTITUTION (FIFTEENTH AMENDMENT) ACT, 1963

[5th October, 1963.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Fourteenth Year of the Republic of
India as follows:-

1. Short title.-This Act may be called the Constitution (Fifteenth
Amendment) Act, 1963.

2. Amendment of article 124.-In article 124 of the Constitution,
after clause (2), the following clause shall be inserted, namely:-

"(2A) The age of a Judge of the Supreme Court shall be determined by
such authority and in such manner as Parliament may by law provide.".

3. Amendment of article 128.-In article 128 of the Constitution,
after the words "Federal Court", the words "or who has held the office
of a Judge of a High Court and is duly qualified for appointment as a
Judge of the Supreme Court" shall be inserted.

4. Amendment of article 217.-In article 217 of the Constitution,--

(a) in clause (1), for the words "sixty years", the words "sixty-two
years" shall be substituted;

(b) after clause (2), the following clause shall be inserted and shall
be deemed always to have been inserted, namely:-

"(3) If any question arises as to the age of a Judge of a High Court,
the question shall be decided by the President after consultation with
the Chief Justice of India and the decision of the President shall be
final.".

5. Amendment of article 222.-In article 222 of the Constitution,
after clause (1), the following clause shall be inserted, namely:-

"(2) When a Judge has been or is so transferred, he shall, during the
period he serves, after the commencement of the Constitution
(Fifteenth Amendment) Act. 1963, as a Judge of the other High Court,
be entitled to receive in addition to his salary such compensatory
allowance as may be determined by Parliament by law and until so
determined, such compensatory allowance as the President may by order
fix.".

6. Amendment of article 224.-In article 224 of the Constitution, in
clause (3), for the words "sixty years", the words "sixty-two years"
shall be substituted.

7. Insertion of new article 224A.-After article 224 of the
Constitution, the following article shall be inserted, namely:-

"224A. Appointment of retired Judges at sittings of High Courts.-
Notwithstanding anything in this Chapter, the Chief Justice of a High
Court for any State may at any time with the previous consent of the
President, request any person who has held the office of a Judge of
that Court or of any other High Court to sit and act as a Judge of the
High Court for that State, and every such person so requested shall,
while so sitting and acting, be entitled to such allowances as the
President may by order determine and have all the jurisdiction, powers
and privileges of, but shall not otherwise be deemed to be, a Judge of
that High Court:

Provided that nothing in this article shall be deemed to require any
such person as aforesaid to sit and act as a Judge of that High Court
unless he consents so to do.".

8. Amendment of article 226.-In article 226 of the Constitution,-

(a) after clause (1), the following clause shall be inserted,
namely:-

"(1A) The power conferred by clause (1) to issue directions, orders or
writs to any Government, authority or person may also be exercised by
any High Court exercising jurisdiction in relation to the territories
within which the cause of action, wholly or in part, arises for the
exercise of such power, notwithstanding that the seat of such
Government or authority or the residence of such person is not within
those territories.";

(b) in clause (2), for the word, brackets and figure "clause (1)", the
words, brackets, figures and letter "clause (1) or clause (1A)" shall
be substituted.

9. Amendment of article 297.-In article 297 of the Constitution,
after the words "territorial waters", the words "or the continental
shelf" shall be inserted.

10. Amendment of article 311.-In article 311 of the Constitution, for
clauses (2) and (3), the following clauses shall be substituted,
namely:-

"(2) No such person as aforesaid shall be dismissed or removed or
reduced in rank except after an inquiry in which he has been informed
of the charges against him and given a reasonable opportunity of being
heard in respect of those charges and where it is proposed, after such
inquiry, to impose on him any such penalty, until he has been given a
reasonable opportunity of making representation on the penalty
proposes, but only on the basis of the evidence adduced during such
inquiry:

Provided that this clause shall not apply-

(a) where a person is dismissed or removed or reduced in rank on the
ground of conduct which has led to his conviction on a criminal
charge; or

(b) where the authority empowered to dismiss or remove a person or to
reduce him in rank is satisfied that for some reason, to be recorded
by that authority in writing, it is not reasonably practicable to hold
such inquiry; or

(c) where the President or the Governor, as the case may be, is
satisfied that in the interest of the security of the State it is not
expedient to hold such inquiry.

(3) If, in respect of any such person as aforesaid, a question arises
whether it is reasonably practicable to hold such inquiry as is
referred to in clause (2), the decision thereon of the authority
empowered to dismiss or remove such person or to reduce him in rank
shall be final.".

11. Amendment of article 316.-In article 316 of the Constitution,
after clause (1), the following clause shall be inserted, namely:-

"(1A) If the office of the Chairman of the Commission becomes vacant
or if any such Chairman is by reason of absence or for any other
reason unable to perform the duties of his office, those duties shall,
until some person appointed under clause (1) to the vacant office has
entered or the duties thereof or, as the case may be, until the
Chairman has resumed his duties, be performed by such one of the other
members of the Commission as the President, in the case of the Union
Commission or a Joint Commission, and the Governor of the State in the
case of a State Commission, may appoint for the purpose.".

12. Amendment of the Seventh Schedule.-In the Seventh Schedule to the
Constitution, in List I, in entry 78, after the word "organisation",
the brackets and words "(including vacations)" shall be inserted and
shall be deemed always to have been inserted.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (SIXTEENTH AMENDMENT) ACT, 1963

Statement of Objects and Reasons appended to the Constitution
(Sixteenth Amendment) Bill, 1963 which was enacted as the
Constitution (Sixteenth Amendment) Act, 1963

STATEMENT OF OBJECTS AND REASONS

The Committee on National Integration and Regionalism appointed by the
National Integration Council recommended that article 19 of the
Constitution be so amended that adequate powers become available for
the preservation and maintenance of the integrity, and sovereignty of
the Union. The Committee were further of the view that every
candidate for the membership of a State Legislature or Parliament, and
every aspirant to, and incumbent of, public office should pledge
himself to uphold the Constitution and to preserve the integrity and
soverignity of the Union and that forms of oath in the Third Schedule
to the Constitution should be suitably amended for the purpose. It is
proposed to give effect to these recommendations by amending clauses
(2), (3) and (4) of article 19 for enabling the State to make any law
imposing reasonable restrictions on the exercise of the rights
conferred by sub-clauses (a), (b) and (c) of clause (1) of that
article in the interests of the sovereignty and integrity of India.
It is also proposed to amend articles 84 and 173 and forms of oath in
the Third Schedule to the Constitution so as to provide that every
candidate for the memebership of Parliament or State Legislature,
Union and State Ministers, Members of Parliament and State
Legislatures, Judges of the Supreme Court and High Courts and the
Comptroller and Auditor-General of India should take an oath to uphold
the sovereignty and integrity of India.

2.The Bill seeks to achieve these objects.

NEW DELHI; A. K. SEN.

The 18th January, 1963.

THE CONSTITUTION (SIXTEENTH AMENDMENT) ACT, 1963

[5th October, 1963.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Fourteenth year of the Republic of
India as follows:-

1. Short title.-This Act may be called the Constitution (Sixteenth
Amendment) Act, 1963.

2. Amendment of article 19.-In article 19 of the Constitution,-

(a) in clause (2), after the words "in the interests of", the words
"the sovereignty and integrity of India," shall be inserted;

(b) in clauses (3) and (4), after the words "in the interests of", the
words "the sovereignty and integrity of India or" shall be inserted.

3. Amendment of article 84.-In article 84 of the Constitution, for
clause (a), the following clause shall be substituted, namely:-

"(a) is a citizen of India, and makes and subscribes before some
person authorized in that behalf by the Election Commission an oath or
affirmation according to the form set out for the purpose in the Third
Schedule;".

4. Amendment of article 173.-In article 173 of the Constitution, for
clause (a), the following clause shall be substituted, namely:-

"(a) is a citizen of India, and makes and subscribes before some
person authorized in that behalf by the Election Commission an oath or
affirmation according to the form set out for the purpose in the
Third Schedule;".

5. Amendment of Third Schedule.- In the Third Schedule to the
Constitution,-

(a) In Form I, after the words "Constitution of India as by law
established.", the words "that I will uphold the sovereignty and
integrity of India," shall be inserted;

(b) for Form III, the following shall be substituted, namely:---

`III
A

Form of oath or affirmation to be made by a candidate for election to
Parliament:--

"I, A.B., having been nominated as a candidate to fill a seat in the
Council of States (or the House of the People) do swear in the name of
God/solemnly affirm that I will bear true faith and allegiance to the
Constitution of India as by law established and that I will uphold the
sovereignty and integrity of India.".

B

Form of oath or affirmation to be made by a member of Parliament:-

"I, A.B., having been elected (or nominated) a member of the Council
of States (or the House of the People) do swear in the name of
God/solemnly affirm that I will bear true faith and allegiance to the
Constitution of India as by law established, that I will uphold the
sovereignty and integrity of India and that I will faithfully dis-
charge the duty upon which I am about to enter." ';

(c) in Forms IV, V and VIII, after the words "the Constitution of
India as by law established,", the words "that I will uphold the
sovereignty and integrity of India," shall be inserted;

(d) for Form VII, the following shall be substituted, namely:-

`VII
A

Form of oath or affirmation to be made by a candidate for election to
the Legislature of a State:-

"I, A.B., having been nominated as a candidate to fill a seat in the
Legislative Assembly (or Legislative Council), do swear in the name of
God/solemnly affirm that I will bear true faith and allegiance to the
Constitution of India as by law established and that I will uphold the
sovereignty and integrity of India.".

B

Form of oath or affirmation to be made by a member of the Legislature
of a State:-

"I, A.B., having been elected (or nominated) a member of the
Legislative Assembly (or Legislative Council), do swear in the name of
God/solemnly affirm that I will bear true faith and allegiance to the
Constitution of India as by law established, that I will uphold the
sovereignty and integrity of India and that I will faithfully dis-
charge the duty upon which I am about to enter." '.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (SEVENTEENTH AMENDMENT) ACT, 1964

Statement of Objects and Reasons appended to the Constitution
(Nineteenth Amendment) Bill, 1964 which was enacted as
THE CONSTITUTION (Seventeenth Amendment) Act, 1964

STATEMENT OF OBJECTS AND REASONS

Article 31A of the Constitution provides that a law in respect of the acquisition by the State of any estate or of any rights therein or the extinguishment or modification of any such rights shall not be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by article 14, article 19 or article 31. The protection of this article is available only in respect of such tenures as were estates on the 26th January, 1950, when the Constitution came into force. The expression "estate" has been defined differently in different States and, as a result of the transfer of land from one State to another on account of the reorganisation of States, the expression has come to be defined differently in different parts of the same State. Moreover, many of the land reform enactments relate to lands which are not included in an estate. Several State Acts relating to land reform were struck down on the ground that the provisions of those Acts were violative of articles 14, 19 and 31 of the Constitution and that the protection of article 31A was not available to them. It is, therefore, proposed to amend the definition of "estate" in article 31A of the Constitution by including therein, lands held under ryotwari settlement and also other lands in respect of which provisions are normally made in land reform enactments. It is further proposed to provide that where any law makes a provision for the acquisition by the State of any estate and where any land comprised therein is held by a person under his personal cultivation, it shall not be lawful for the State to acquire any such land as is within the ceiling limit applicable to him under any law for the time being in force or any building or structure standing thereon or appurtenant thereto, unless the law relating to the acquisition of such land, building or structure provides for payment of compensation at a rate not less than the market value thereof.

2. It is also proposed to amend the Ninth Schedule by including
therein certain State enactments relating to land reform in order to
remove any uncertainty or doubt that may arise in regard to their
validity.

3. The Bill seeks to achieve these objects.

NEW DELHI; A. K. SEN.

The 30th April, 1964.

THE CONSTITUTION (SEVENTEENTH AMENDMENT) ACT, 1964

[20th June, 1964.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Fifteenth Year of the Republic of
India as follows:-

1. Short title.-This Act may be called THE CONSTITUTION (Seventeenth
Amendment) Act, 1964.

2. Amendment of article 31A.-In article 31A of the Constitution,-

(i) in clause (1), after the existing proviso, the following proviso
shall be inserted, namely:-

"Provided further that where any law makes any provision for the
acquisition by the State of any estate and where any land comprised
therein is held by a person under his personal cultivation, it shall
not be lawful for the State to acquire any portion of such land as is
within the ceiling limit applicable to him under any law for the time
being in force or any building or structure standing thereon or
appurtenant thereto, unless the law relating to the acquisition of
such land, building or structure, provides for payment of compensation
at a rate which shall not be less than the market value thereof.";

(ii) in clause (2), for sub-clause (a), the following sub-clause shall
be substituted and shall be deemed always to have been substituted,
namely:-

`(a) the expression "estate" shall, in relation to any local area,
have the same meaning as that expression or its local equivalent has
in the existing law relating to land tenures in force in that area and
shall also include-

(i) any jagir, inam or muafi or other similar grant and in the States
of Madras and Kerala, any janmam right;

(ii) any land held under ryotwari settlement;

(iii) any land held or let for purposes of agriculture or for purposes
ancillary thereto, including waste land, forest land, land for pasture
or sites of buildings and other structures occupied by cultivators of
land, agricultural labourers and village artisans;'.

3. Amendment of Ninth Schedule.- In the Ninth Schedule to the
Constitution, after entry 20, the following entries shall be added,
namely:---

"21. The Andhra Pradesh Ceiling on Agricultural Holdings Act, 1961
(Andhra Pradesh Act X of 1961).

22. The Andhra Pradesh (Telangana Area) Tenancy and Agricultural
Lands (Validation) Act, 1961 (Andhra Pradesh Act XXI of 1961).

23. The Andhra Pradesh (Telangana Area) Ijara and Kowli Land
Cancellation of Irregular Pattas and Abolition of Concessional
Assessment Act, 1961 (Andhra Pradesh Act XXXVI of 1961).

24. The Assam Sate Acquisition of Lands Belonging to Religious or
Charitable Institution of Public Nature Act, 1959 (Assam Act IX of
1961).

25. The Bihar Land Reforms (Amendment) Act, 1953 (Bihar Act XX of
1954).

26. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisi-
tion of Surplus Land) Act, 1961 (Bihar Act XII of 1962), (except
section 28 of this Act).

27. The Bombay Taluqdari Tenure Abolition (Amendment) Act, 1954
(Bombay Act I of 1955).

28. The Bombay Taluqdari Tenure Abolition (Amendment) Act, 1957
(Bombay Act XVIII of 1958).

29. The Bombay Inams (Kutch Area) Abolition Act, 1958 (Bombay Act
XCVIII of 1958).

30. The Bombay Tenancy and Agricultural Lands (Gujarat Amendment)
Act, 1960 (Gujarat Act XVI of 1960).

31. The Gujarat Agricultural Lands Ceiling Act, 1960 (Gujarat Act
XXVII of 1961).

32. The Sagbara and Mehwassi Estates (Proprietary Rights Abolition,
etc.) Regulation, 1962 (Gujarat Regulation I of 1962).

33. The Gujarat Surviving Alienations Abolition Act, 1963 (Gujarat
Act XXXIII of 1963), except in so far as this Act relates to an
alienation referred to in sub-clause (d) of clause (3) of section 2
thereof.

34. The Maharashtra Agricultural Lands (Ceiling on Holdings) Act,
1961 (Maharashtra Act XXVII of 1961).

35. The Hyderabad Tenancy and Agricultural Lands (Re-enactment,
Validation and Further Amendment) Act, 1961 (Maharashtra Act XLV
of 1961).

36. The Hyderabad Tenancy and Agricultural Lands Act, 1950 (Hyderabad
Act XXI of 1950).

37. The Jenmikaram Payment (Abolition) Act, 1960 (Kerala Act III of
1961).

38. The Kerala Land Tax Act, 1961 (Kerala Act XIII of 1961).

39. The Kerala Land Reforms Act, 1963 (Kerala Act I of 1964).

40. The Madhya Pradesh Land Revenue Code, 1959 (Madhya Pradesh Act XX
of 1959).

41. The Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960
(Madhya Pradesh Act XX of 1960).

42. The Madras Cultivating Tenants Protection Act, 1955 (Madras Act
XXV of 1955).

43. The Madras Cultivating Tenants (Payment of Fair Rent) Act, 1956
(Madras Act XXIV of 1956).

44. The Madras Occupants of Kudiyiruppu (Protection from Eviction)
Act, 1961 (Madras Act XXXVIII of 1961).

45. The Madras Public Trusts (Regulation of Administration of
Agricultural Lands) Act, 1961 (Madras Act LVII of 1961).

46. The Madras Land Reforms (Fixation of Ceiling on Land) Act, 1961
(Madras Act LVIII of 1961).

47. The Mysore Tenancy Act, 1952 (Mysore Act XIII of 1952).

48. The Coorg Tenants Act. 1957 (Mysore Act XIV of 1957).

49. The Mysore Village Offices Abolition Act, 1961 (Mysore Act XIV of
1961).

50. The Hyderabad Tenancy and Agricultural Lands (Validation) Act,
1961 (Mysore Act XXXVI of 1961).

51. The Mysore Land Reforms Act, 1961 (Mysore Act X of 1962).

52. The Orissa Land Reforms Act, 1960 (Orissa Act XVI of 1960).

53. The Orissa Merged Territories (Village Offices Abolition) Act,
1963 (Orissa Act X of 1963).

54. The Punjab Security of Land Tenures Act, 1953 (Punjab Act X of
1953).

55. The Rajasthan Tenancy Act, 1955 (Rajasthan Act III of 1955).

56. The Rajasthan Zamindari and Biswedari Abolition Act, 1959
(Rajasthan Act VIII of 1959).

57. The Kumaun and Uttarkhand Zamindari Abolition and Land Reforms
Act, 1960 (Uttar Pradesh Act XVII of 1960).

58. The Uttar Pradesh Imposition of Ceilinng on Land Holdings Act,
1960 (Uttar Pradesh Act I of 1961).

59. The West Bengal Estates Acquisition Act, 1953 (West Bengal Act I
of 1954).

60. The West Bengal Land Reforms Act, 1955 (West Bengal Act X of
1956).

61. The Delhi Land Reforme Act, 1954 (Delhi Act VIII of 1954).

62. The Delhi Land Holdings (Ceiling) Act, 1960 (Central Act 24 of
1960).

63. The Manipur Land Revenue and Land Reforms Act, 1960
(Central Act 33 of 1960).

64. The Tripura Land Revenue and Land Reforms Act, 1960 (Central
Act 43 of 1960).

Explanation.-Any acquisition made under the Rajasthan Tenancy Act,
1955 (Rajasthan Act III of 1955), in contravention of the second
proviso to clause (1) of article 31A shall, to the extent of the
contravention, be void.".

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (EIGHTEENTH AMENDMENT) ACT, 1966

Statement of Objects and Reasons appended to the Constitution
(Twentieth Amendment) Bill, 1966 which was enacted as the
Constitution (Eighteenth Amendment) Act, 1966

STATEMENT OF OBJECTS AND REASONS

Article 3 of the Constitution provides for the formation of new States
and alteration of areas, boundaries, or names of existing States.
Before the Constitution (Seventh Amendment) Act, 1956, was enacted,
the expression "States" occurring in that article meant Part A States,
Part B States and also Part C States. By the Seventh Amendment of the
Constitution in 1956, the concept of "Union territories" was
introduced in our Constitution but article 3 was not amended to
include in terms "Union territories". It is considered proper to
amend this article to make it clear that "State" in clauses (a) to (e)
of that article (but not in the proviso) includes "Union territories".
It is also considered proper to make it clear that power under clause
(a) of article 3 includes power to form a new State or Union territory
by uniting a part of a State or Union territory to another State or
Union territory.

The Bill seeks to achieve the above objects.

NEW DELHI; G. L. NANDA.

The 16th May, 1966.

THE CONSTITUTION (EIGHTEENTH AMENDMENT) ACT, 1966

[27th August, 1966.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Seventeenth Year of the Republic of
India as follows:-

1. Short title.-This Act may be called the Constitution (Eighteenth
Amendment) Act, 1966.

2. Amendment of article 3.-In article 3 of the Constitution, the
following Explanations shall be inserted at the end, namely:-

`Explanation I.-In this article in clauses (a) to (e), "State"
includes a Union territory, but in the proviso, "State" does not
include a Union territory.

Explanation II.-The power conferred on Parliament by clause (a)
includes the power to form a new State or Union territory by uniting a
part of any State or Union territory to any other State or Union
territory.'.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (NINETEENTH AMENDMENT) ACT, 1966

Statement of Objects and Reasons appended to the Constitution
(Twenty-first Amendment) Bill, 1966 which was enacted as the
Constitution (Nineteenth Amendment) Act, 1966

STATEMENT OF OBJECTS AND REASONS

One of the important recommendations made by the Election Commission
in its Report on the Third General Elections in India in 1962, and
accepted by the Government relates to the abolition of election
tribunals and trial of election petitions by High Courts.

If the proposal for a legislation to amend the Representation of the
People Act, 1951, containing, inter alia, provisions for the trial of
election petitions by High Courts instead of the election tribunals,
as at present, is accepted by Parliament, it would be necessary to
make a minor amendment in clause (1) of article 324 of the
Constitution for the purpose of deleting therefrom the words
",including the appointment of election tribunals for the decision of
doubts and disputes arising out of or in connection with elections to
Parliament and to the Legislatures of States".

The Bill is intended to give effect to the aforesaid object.

NEW DELHI; G. S. PATHAK.

The 16th August, 1966.

THE CONSTITUTION (NINETEENTH AMENDMENT) ACT, 1966

[11th December, 1966.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Seventeenth Year of the Republic of
India as follows:-

1. Short title.- This Act may be called the Constitution (Nineteenth
Amendment) Act, 1966.

2. Amendment of article 324.-In article 324 of the Constitution, in
clause (1), the words, "including the appointment of election
tribunals for the decision of doubts and disputes arising out of or in
connection with elections to Parliament and to the Legislatures of
States" shall be omitted.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (TWENTIETH AMENDMENT) ACT, 1966

Statement of Objects and Reasons appended to the Constitution
(Twenty-third Amendment) Bill, 1966 which was enacted as the
THE CONSTITUTION (Twentieth Amendment) Act, 1966

STATEMENT OF OBJECTS AND REASONS

Appointment of district judges in Uttar Pradesh and a few other States
have been rendered invalid and illegal by a recent judgment of the
Supreme Court on the ground that such appointments were not made in
accordance with the provisions of article 233 of the Constitution. In
another judgment, the Supreme Court had held that the power of posting
of a district judge under article 233 does not include the power of
transfer of such judge from one station to another and that the power
of transfer of a district judge is vested in the High Court under
article 235 of the Constitution. As a result of these judgments, a
serious situation has arisen because doubt has been thrown on the
validity of the judgments, decrees, orders and sentences passed or
made by these district judges and a number of writ petitions and other
cases have already been filed challenging their validity. The
functioning of the district courts in Uttar Pradesh has practically
come to a standstill. It is, therefore, urgently necessary to
validate the judgments, decrees, orders and sentences passed or made
heretofore by all such district judges in those States and also to
validate the appointment, posting, promotion and transfer of such
district judges barring those few who were not eligible for
appointment under article 233.

2. The Bill seeks to give effect to the above proposals.

NEW DELHI; Y. B. CHAVAN.

The 20th November, 1966.

THE CONSTITUTION (TWENTIETH AMENDMENT) ACT, 1966

[22nd December, 1966.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Seventeenth Year of the Republic of
India as follows:-

1. Short title.- This Act may be called the Constitution (Twentieth
Amendment) Act, 1966.

2. Insertion of new article 233A.- After article 233 of the
Constitution, the following article shall be inserted, namely:-

"233A. Validation of appointments of and judments, etc., delivered
by, certain district judes.-Notwithstanding any judgment, decree or
order of any court,-

(a) (i) no appointment of any person already in the judicial service
of a State or of any person who has been for not less than seven years
an advocate or a pleader, to be a district judge in that State, and

(ii) no posting, promotion or transfer of any such person as a
district judge,

made at any time before the commencement of the Constitution
(Twentieth Amendment) Act, 1966, otherwise than in accordance with the
provisions of article 233 or article 235 shall be deemed to be illegal
or void or ever to have become illegal or void by reason only of the
fact that such appointment, posting, promotion or transfer was not
made in accordance with the said provisions;

(b) no jurisdiction exercised, no judgment, decree, sentence or order
passed or made, and no other act or proceeding done or taken, before
the commencement of THE CONSTITUTION (Twentieth Amendment) Act, 1966
by, or before, any person appointed, posted, promoted or transferred
as a district judge in any State otherwise than in accordance with the
provisions of article 223 or article 235 shall be deemed to be illegal
or invalid or ever to have become illegal or invalid by reason only of
the fact that such appointment, posting promotion or transfer was not
made in accordance with the said provisions.".

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (TWENTY-FIRST AMENDMENT) ACT, 1967

Statement of Objects and Reasons appended to the Constitution
(Twenty-second Amendment) Bill, 1966 (Bill No. XXIV of 1966) which
was enacted as THE CONSTITUTION (Twenty-first Amendment) Act, 1967

STATEMENT OF OBJECTS AND REASONS

There have been persistent demands from the Sindhi-speaking people for
the inclusion of the Sindhi language in the Eighth Schedule to the
Constitution. Although at present Sindhi is not a regional language
in a well-defined area, it used to be the language of a province of
the undivided India and, but for partition, would have continued to be
so. The Commissioner for Linguistic Minorities has also recommended
the inclusion of Sindhi in the Eighth Schedule to the Constitution.
On 4th November, 1966, it was announced that Government had decided to
include the Sindhi language in the Eighth Schedule to the
Constitution. The Bill seeks to give effect to this decision.

NEW DELHI; Y. B. CHAVAN.

The 15th November, 1966.

THE CONSTITUTION (TWENTY-FIRST AMENDMENT) ACT, 1967

[10th April, 1967.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Eighteenth Year of the Republic of
India as follows:-

1. Short title.- This Act may be called the Constitution
(Twenty-first Amendment) Act, 1967.

2. Amendment of Eighth Schedule.-In the Eighth Schedule to
the Constitution,-

(a) entries 12 to 14 shall be re-numbered as entries 13 to 15 respec-
tively, and

(b) before entry "13" as so re-numbered, the entry "12. Sindhi."
shall be inserted.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (TWENTY-SECOND AMENDMENT) ACT, 1969

Statement of Objects and Reasons appended to the Constitution
(Twenty-second Amendment) Bill, 1968 (Bill No. 113 of 1968) which was
enacted as THE CONSTITUTION (Twenty-second Amendment) Act, 1969

STATEMENT OF OBJECTS AND REASONS

On the 11th September, 1968, the Government of India announced the
broad details of the scheme for constituting within the State of Assam
an autonomous State comprising certain areas specified in Part A of
the table appended to paragraph 20 of the Sixth Schedule to the
Constitution. Clause 2 of the Bill seeks to insert a new article 244A
in the Constitution to confer the necessary legislative power on
Parliament to enact a law for constituting the autonomous State and
also to provide the autonomous State with a Legislature and a Council
of Ministers with such powers and functions as may be defined by that
law.

Clause 3 of the Bill makes a consequential amendment to article 275 in
regard to certain special grants payable to the State of Assam in
respect of the areas which may form part of the autonomous State.

Clause 4 of the Bill provides for the constitution of a committee of
the Assam Legislative Assembly consisting of members of that Assembly
from the tribal areas aforesaid and a few other members of that
Assembly, as envisaged in the scheme.

NEW DELHI; Y. B. CHAVAN.

The 12th November, 1968.

THE CONSTITUTION (TWENTY-SECOND AMENDMENT) ACT, 1969

[25th September, 1969.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Twentieth Year of the Republic of
India as follows:-

1. Short title.- This Act may be called the Constitution
(Twenty-second Amendment) Act, 1969.

2. Insertion of new article 244A.-In Part X of the Constitution,
after article 244, the following article shall be inserted, namely:-

244A.-Formation of an autonomous State comprising certain tribal areas
in Assam and creation of local Legislature or Council of Ministers or
both therefor.-(1) Notwithstanding anything in this Constitution,
Parliament may, by law, form within the State of Assam an autonomous
State comprising (whether wholly or in part) all or any of the tribal
areas specified in Part A of the table appended to paragraph 20 of the
Sixth Schedule and create therefor-

(a) a body, whether elected or partly nominated and partly elected, to
function as a Legislature for the autonomous State, or

(b) a Council of Ministers,

or both with such constitution, powers and functions, in each case, as
may be specified in the law.

(2) Any such law as is referred to in clause (1) may, in particular,-

(a) specify the matters enumerated in the State List or the Con-
current List with respect to which the Legislature of the autonomous
State shall have power to make laws for the whole or any part thereof,
whether to the exclusion of the Legislature of the State of Assam or
otherwise;

(b) define the matters with respect to which the executive power of
the autonomous State shall extend;

(c) provide that any tax levied by the State of Assam shall be
assigned to the autonomous State in so far as the proceeds thereof are
attributable to the autonomous State;

(d) provide that any reference to a State in any article of this
Constitution shall be construed as including a reference to the
autonomous State; and

(e) make such supplemental, incidental and consequential provisions as
may be deemed necessary.

(3) An amendment of any such law as aforesaid in so far as such
amendment relates to any of the matters specified in sub-clause (a) or
sub-clause (b) of clause (2) shall have no effect unless the amendment
is passed in each House of Parliament by not less than two-thirds of
the members present and voting.

(4) Any such law as is referred to in this article shall not be deemed
to be an amendment of this Constitution for the purposes of article
368 notwithstanding that it contains any provision which amends or has
the effect of amending this Constitution.".

3. Amendment of article 275.-In article 275 of the Constitution,
after clause (1), the following clause shall be inserted, namely:-

"(1A) On and from the formation of the autonomous State under article
244A-

(i) any sums payable under clause (a) of the second proviso to clause
(1) shall, if the autonomous State comprises all the tribal areas
referred to therein, be paid to the autonomous State, and, if the
autonomous State comprises only some of those tribal areas, be
apportioned between the State of Assam and the autonomous State as the
President may, by order, specify;

(ii) there shall be paid out of the Consolidated Fund of India as
grants-in-aid of the revenues of the autonomous State sums, capital
and recurring, equivalent to the costs of such schemes of development
as may be undertaken by the autonomous State with the approval of the
Government of India for the purpose of raising the level of
administration of that State to that of the administration of the rest
of the State of Assam.".

4. Insertion of new article 371B.-After article 371A of the
Constitution, the following article shall be inserted, namely:-

"371B. Special provision with respect to the State of Assam.-
Notwithstanding anything in this Constitution, the President may, by
order made with respect to the State of Assam, provide for the
constitution and functions of a committee of the Legislative Assembly
of the State consisting of members of that Assembly elected from the
tribal areas specified in Part A of the table appended to paragraph 20
of the Sixth Schedule and such number of other members of that
Assembly as may be specified in the order and for the modifications to
be made in the rules of procedure of that Assembly for the
constitution and proper functioning of such committee.".

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (TWENTY-THIRD AMENDMENT) ACT, 1969

Statement of Objects and Reasons appended to the Constitution
(Twenty-third Amendment) Bill, 1969 which was enacted as the
Constitution (Twenty-Third Amendment) Act, 1969

STATEMENT OF OBJECTS AND REASONS

Article 334 of the Constitution lays down that the provisions of the
Constitution relating to the reservation of seats for the Scheduled
Castes and Scheduled Tribes and the representation of the Anglo-Indian
community by nomination in the House of the People and the Legislative
Assemblies of the States shall cease to have effect on the expiration
of a period of twenty years from the commencement of the Constitution.
Although the Scheduled Castes and Scheduled Tribes have made
considerable progress in the last twenty years, the reasons which
weighed with the Constituent Assembly in making provisions with regard
to the aforesaid reservation of seats and nomination of members, have
not cheapest to exist. It is, therefore, proposed to continue the
reservation for the Scheduled Castes and the Scheduled Tribes and the
representation of Anglo-Indians by nomination for a further period of
ten years.

2. More than ninety per cent. of the population of the State of
Nagaland, which came into being in 1963, in tribal. It would be
anomalous to make revision for reservation for Scheduled Castes and
Scheduled Tribes in Legislatures in the States where they are in a
majority. It is, therefore, proposed, as desired by the Government of
Nagaland, not to make any reservation for the Scheduled Tribes in
Nagaland either in the House of the People or in the State Legislative
Assembly. Articles 330 and 332 of the Constitution are being amended
for this purpose.

3. Under article 333 of the Constitution, the number of
Anglo-Indians, who may be nominated to the State Legislative
Assemblies, is left to the discretion of the Governor. It is now
proposed to amend that article so as to provide that not more than one
Anglo-Indian should be nominated by the Governor to any State
Legislative Assembly. This amendment will not however affect
representation of the Anglo-Indian community in the existing
Legislative Assemblies until their dissolution.

NEW DELHI; P. GOVINDA MENON.

The 11th August, 1969.

THE CONSTITUTION (TWENTY-THIRD AMENDMENT) ACT, 1969

[23rd January, 1970.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Twentieth Year of the Republic of
India as follows:-

1. Short title.-This Act may be called the Constitution (Twenty-third
Amendment) Act, 1969.

2. Amendment of article 330.-In article 330 of the Constitution, in
sub-clause (b) of clause (1), for the words "except the Scheduled
Tribes in the tribal areas of Assam", the words "except the Scheduled
Tribes in the tribal areas of Assam and in Nagaland" shall be
substituted.

3. Amendment of article 332.-In article 332 of the Constitution, in
clause (1), for the words "except the Scheduled Tribes in the tribal
areas of Assam", the words "except the Scheduled Tribes in the tribal
areas of Assam and in Nagaland" shall be substituted.

4. Amendment of article 333.-(1) In article 333 of the Constitution,
for the words "nominate such number of members of the community to the
Assembly as he considers appropriate", the words "nominate one member
of that community to the Assembly" shall be substituted.

(2) Nothing contained in sub-section (1) shall affect any
representation of the Anglo-Indian community in the Legislative
Assembly of any State existing at the commencement of this Act until
the dissolution of that Assembly.

5. Amendment of article 334.-In article 334 of the Constitution, for
the words "twenty years", the words "thirty years" shall be
substituted.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (TWENTY-FOURTH AMENDMENT) ACT, 1971

Statement of Objects and Reasons appended to the Constitution
(Twenty-fourth Amendment) Bill, 1971 which was enacted as
THE CONSTITUTION (Twenty-fourth Amendment) Act, 1971

STATEMENT OF OBJECTS AND REASONS

The Supreme Court in the well-known Golak Nath's case [1967, 2 S.C.R.
762] reversed, by a narrow majority, its own earlier decisions
upholding the power of Parliament to amend all parts of the
Constitution including Part III relating to fundamental rights. The
result of the judgment is that Parliament is considered to have no
power to take away or curtail any of the fundamental rights guaranteed
by Part III of the Constitution even if it becomes necessary to do so
for giving effect to the Directive Principles of State Policy and for
the attainment of the objectives set out in the Preamble to the
Constitution. It is, therefore, considered necessary to provide
expressly that Parliament has power to amend any provision of the
Constitution so as to include the provisions of Part III within the
scope of the amending power.

2. The Bill seeks to amend article 368 suitably for the purpose and
makes it clear that article 368 provides for amendment of the
Constitution as well as procedure therefor. The Bill further provides
that when a Constitution Amendment Bill passed by both Houses of
Parliament is presented to the President for his assent, he should
give his assent thereto. The Bill also seeks to amend article 13 of
the Constitution to make it inapplicable to any amendment of the
Constitution under article 368.

NEW DELHI; H. R. GOKHALE.

The 22nd July, 1971.

THE CONSTITUTION (TWENTY-FOURTH AMENDMENT) ACT, 1971

[5th November, 1971.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Twenty-second Year of the Republic
of India as follows:-

1. Short title.-This Act may be called the Constitution
(Twenty-fourth Amendment) Act, 1971.

2. Amendment of article 13.-In article 13 of the Constitution, after
clause (3), the following clause shall be inserted, namely:--

"(4) Nothing in this article shall apply to any amendment of this
Constitution made under article 368.".

3. Amendment of article 368.-Article 368 of the Constitution shall be
re-numbered as clause (2) thereof, and-

(a) for the marginal heading to that article, the following marginal
heading shall be substituted, namely:-

"Power of Parliament to amend the Constitution and procedure
therefor.";

(b) before clause (2) as so re-numbered, the following clause shall be
inserted, namely:-

"(1) Notwithstanding anything in this Constitution, Parliament may in
exercise of its constituent power amend by way of addition, variation
or repeal any provision of this Constitution in accordance with the
procedure laid down in this article.";

(c) in clause (2) as so re-numbered, for the words "it shall be
presented to the President for his assent and upon such assent being
given to the Bill", the words "it shall be presented to the President
who shall give his assent to the Bill and thereupon" shall be
substituted;

(d) after clause (2) as so re-numbered, the following clause shall be
inserted, namely:-

"(3) Nothing in article 13 shall apply to any amendment made under
this article.".

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (TWENTY-FIFTH AMENDMENT) ACT, 1971

Statement of Objects and Reasons appended to the Constitution
(Twenty-fifth Amendment) Bill, 1971 which was enacted as the
Constitution (Twenty-fifth Amendment) Act, 1971

STATEMENT OF OBJECTS AND REASONS

Article 31 of the Constitution as it stands specifically provides that
no law providing for the compulsory acquisition or requisitioning of
property which either fixes the amount of compensation or specifies
the principles on which and the manner in which the compensation is to
be determined and given shall be called in question in any court on
the ground that the compensation provided by that law is not adequate.
In the Bank Nationalization case [1970, 3 S.C.R. 530), the Supreme
Court has held that the Constitution guarantees right to compensation,
that is, the equivalent in money of the property compulsorily
acquired. Thus in effect the adequacy of compensation and the
relevancy of the principles laid down by the Legislature for
determining the amount of compensation have virtuality become
justiciable inasmuch as the Court can go into the question whether the
amount paid to the owner of the property is what may be regarded
reasonably as compensation for loss of property. In the same case,
the Court has also held that a law which seeks to acquire or
requisition property for a public purpose should also satisfy the
requirements of article 19 (1) (f).

2. The Bill seeks to surmount the difficulties placed in the way of
giving effect to the Directive Principles of State Policy by the
aforesaid interpretation. The word "compensation" is sought to be
omitted from article 31(2) and replaced by the word "amount". It is
being clarified that the said amount may be given otherwise than in
cash. It is also proposed to provide that article 19(1)(f) shall not
apply to any law relating to the acquisition or requisitioning of
property for a public purpose.

3. The Bill further seeks to introduce a new article 31C which
provides that if any law is passed to give effect to the Directive
Principles contained in clauses (b) and (c) of article 39 and contains
a declaration to that effect, such law shall not be deemed to be void
on the ground that it takes away or abridges any of the rights
contained in article 14, 19 or 31 and shall not be questioned on the
ground that it does not give effect to those principles. For this
provision to apply in the case of laws made by State Legislatures, it
is necessary that the relevant Bill should be reserved for the
consideration of the President and receive his assent.

NEW DELHI; H. R. GOKHALE.

The 22nd July, 1971.

THE CONSTITUTION (TWENTY-FIFTH AMENDMENT) ACT, 1971

[20th April, 1972.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Twenty-second Year of the Republic
of India as follow:-

1. Short title.-This Act may be called the Constitution (Twenty-fifth
Amendment) Act, 1971.

2. Amendment of article 31.-In article 31 of the Constitution,-

(a) for clause (2), the following clause shall be substituted,
namely:-

"(2) No property shall be compulsorily acquired or requisitioned save
for a public purpose and save by authority of a law which provides for
acquisition or requisitioning of the property for an amount which may
be fixed by such law or which may be determined in accordance with
such principles and given in such manner as may be specified in such
law; and no such law shall be called in question in any court on the
ground that the amount so fixed or determined is not adequate or that
the whole or any part of such amount is to be given otherwise than in
cash:

Provided that in making any law providing for the compulsory
acquisition of any property of an educational institution established
and administered by a minority, referred to in clause (1) of article
30, the State shall ensure that the amount fixed by or determined
under such law for the acquisition of such property is such as would
not restrict or abrogate the right guaranteed under that clause.";

(b) after clause (2A), the following clause shall be inserted,
namely:-

"(2B) Nothing in sub-clause (f) of clause (1) of article 19 shall
affect any such law as is referred to in clause (2).".

3. Insertion of new article 31C.-After article 31B of the
Constitution, the following article shall be inserted, namely:-

"31C. Saving of laws giving effect to certain directive principles.-
Notwithstanding anything contained in article 13, no law giving effect
to the policy of the State towards securing the principles specified
in clause (b) or clause (c) of article 39 shall be deemed to be void
on the ground that it is inconsistent with, or takes away or abridges
any of the rights conferred by article 14, article 19 or article 31;
and no law containing a declaration that it is for giving effect to
such policy shall be called in question in any court on the ground
that it does not give effect to such policy:

Provided that where such law is made by the Legislature of a State,
the provisions of this article shall not apply thereto unless such
law, having been reserved for the consideration of the President, has
received his assent.".

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (TWENTY-SIXTH AMENDMENT) ACT, 1971

Statement of Objects and Reasons appended to the Constitution
(Twenty-sixth Amendment) Bill, 1971 which was enacted as
THE CONSTITUTION (Twenty-sixth Amendment) Act, 1971

STATEMENT OF OBJECTS AND REASONS

The concept of rulership, with privy purses and special privileges
unrelated to any current functions and social purposes, is
incompatible with an egalitarian social order. Government have,
therefore, decided to terminate the privy purses and privileges of the
Rulers of former Indian States. It is necessary for this purpose,
apart from amending the relevant provisions of the Constitution, to
insert a new article therein so as to terminate expressly the
recognition already granted to such Rulers and to abolish privy purses
and extinguish all rights, liabilities and obligations in respect of
privy purses. Hence this Bill.

NEW DELHI; INDIRA GANDHI.

The 31st July, 1971.

THE CONSTITUTION (TWENTY-SIXTH AMENDMENT) ACT, 1971

[28th December, 1971.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Twenty-second Year of the Republic
of India as follows:---

1. Short title.-This Act may be called the Constitution (Twenty-sixty
Amendment) Act, 1971.

2. Omission of articles 291 and 362.-Articles 291 and 362 of the
Constitution shall be omitted.

3. Insertion of new article 363A.-After article 363 of the
Constitution, the following article shall be inserted, namely:---

"363A. Recognition granted to Rulers of Indian States to cease and
privy purses to be abolished.- Notwithstanding anything in this
Constitution or in any law for the time being in force-

(a) The Prince, Chief or other person who, at any time before the
commencement of THE CONSTITUTION (Twenty-sixth Amendment) Act, 1971,
was recognised by the President as the Ruler of an Indian State or any
person who, at any time before such commencement, was recognised by
the President as the successor of such Ruler shall, on and from such
commencement, cease to be recognised as such Ruler or the successor of
such Ruler;

(b) on and from the commencement of the Constitution (Twenty-sixth
Amendment) Act, 1971, privy purse is abolished and all rights,
liabilities and obligations in respect of privy purse are extinguished
and accordingly the Ruler or, as the case may be, the successor of
such Ruler, referred to in clause (a) or any other person shall not be
paid any sum as privy purse.".

4. Amendment of article 366.-In article 366 of the Constitution, for
clause (22), the following clause shall be substituted, namely:-

`(22) "Ruler" means the Prince, Chief or other person who, at any time
before the commencement of THE CONSTITUTION (Twenty-sixth Amendment)
Act, 1971, was recognised by the President as the Ruler of an Indian
State or any person who, at any time before such commencement, was
recognised by the President as the successor of such Ruler;'.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (TWENTY-SEVENTH AMENDMENT) ACT, 1971

Statement of Objects and Reasons appended to the Constitution
(Twenty-seventh Amendment) Bill, 1971 which was enacted as
THE CONSTITUTION (Twenty-seventh Amendment) Act, 1971

STATEMENT OF OBJECTS AND REASONS

As a part of the scheme of reorganisation of the north-eastern areas,
it is proposed that the Union territory of Mizoram contemplated under
the scheme should have a legislature and Council of Ministers. It is
proposed to achieve this object by including the Union territory of
Mizoram in article 239A of THE CONSTITUTION (clause 2).

The Study Team appointed by the Administrative Reforms Commission on
the Administration of Union Territories and NEFA has recommended that
the Administrator of a Union territory with legislature may have the
power to promulgate ordinances when the legislature is not in session.
It is proposed to accept this recommendation and include a suitable
provision in the Constitution conferring on such an Administrator the
power to promulgate Ordinances (clause 3).

Under paragraph 18(2) of the Sixth Schedule to the Constitution read
with article 240 of the Constitution, the President is empowered to
make Regulations for the North-East Frontier Agency. It is proposed
to continue these powers even after the Agency becomes the Union
territory of Arunachal Pradesh under the reorganisation scheme. It is
also proposed to have similar powers with respect to the Union
territory of Mizoram (clause 4).

When the legislature of a State is dissolved or its functioning is
suspended by a proclamation under article 356 of the Constitution, the
Parliament is empowered to confer legislative powers on the President
in respect of that State by passing a law under article 357(1). No
such provision exists in the case of Union territories with
legislatures, with the result that whenever the legislature of any
Union territory is dissolved or its functioning is suspended by an
order of the President, all legislation relating to that Union
territory has to be passed by the Parliament. It is proposed that in
such circumstances the Regulation making power under article 240
should be available to the President (clause 4).

Hill Areas of Manipur are Predominantly inhabited by members of
Scheduled Tribes. To safeguard their interests special provisions
were made in section 562 of the Government of Union Territories Act,
1963 for a Committee of the Legislative Assembly of the Union
territory of Manipur consisting of members from the Hill Areas. When
the Union territory of Manipur becomes a State under the
reorganisation scheme, the said section 52 will cease to be operative.
It is proposed, as a part of the scheme of safeguards for the people
of the Hill Areas, to continue this arrangement even after Manipur
becomes a State. So, a specific provision is being made in the
Constitution for the formation of such a Committee (clause 5).

This Bill seeks to give effect to the above proposals.

NEW DELHI; K. C. PANT.

The 12th December, 1971.

THE CONSTITUTION (TWENTY-SEVENTH AMENDMENT) ACT, 1971

[30th December, 1971.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Twenty-second Year of the Republic
of India as follows:-

1. Short title and commencement.-(1) This Act may be called the
Constitution (Twenty-seventh Amendment) Act, 1971.

(2) This section and section 3 shall come into force at once and the
remaining provisions of this Act shall come into force on such
date_663, being a date not earlier than the day appointed under clause
(b) of section 2 of the North- Eastern Areas (Reorganisation) Act,
1971, as the Central Government may, by notification in the Official
Gazette, appoint.

2. Amendment of article 239A.-In article 239A of the Constitution, in
clause (1), for the words "Goa, Daman and Diu, and Pondicherry", the
words "Goa, Daman and Diu, Pondicherry and Mizoram" shall be
substituted.

3. Insertion of new article 239B.-After article 239A of the
Constitution, the following article shall be inserted, namely:-

"239B. Power of administrator to promulgate Ordinances during recess
of Legislature.-(1) If at any time, except when the Legislature of a
Union territory referred to in clause (1) of article 239A is in
session, the administrator thereof is satisfied that circumstances
exist which render it necessary for him to take immediate action, he
may promulgate such Ordinances as the circumstances appear to him to
require:

Provided that no such Ordinance shall be promulgated by the
administrator except after obtaining instructions from the President
in that behalf:

Provided further that whenever the said Legislature is dissolved, or
its functioning remains suspended on account of any action taken under
any such law as is referred to in clause (1) of article 239A, the
administrator shall not promulgate any Ordinance during the period of
such dissolution or suspension.

(2) An Ordinance promulgated under this article in pursuance of
instructions from the President shall be deemed to be an Act of the
Legislature of the Union territory which has been duly enacted after
com;oying with the provisions in that behalf contained in any such law
as is referred to in clause (1) of article 239A, but every such
Ordinance-

(a) shall be laid before the Legislature of the Union territory and
shall cease to operate at the expiration of six weeks from the
reassembly of the Legislature or if, before the expiration of that
period, a resolution disapproving it is passed by the Legislature,
upon the passing of the resolution; and

(b) may be withdrawn at any time by the administrator after obtaining
instructions from the President in that behalf.

(3) If and so far as an Ordinance under this article makes any
provision which would not be valid if enacted in an Act of the
Legislature of the Union territory made after complying with the
provisions in that behalf contained in any such law as is referred to
in clause (1) of article 239A, it shall be void.".

4. Amendment of article 240.-In article 240 of the Constitution,-

(a) in clause (1),-

(i) after entry (e), the following entries shall be inserted,
namely:-

"(f) Mizoram;

(g) Arunachal Pradesh:";

(ii) in the proviso, for the words "Union territory of Goa, Daman and
Diu or Pondicherry", the words "Union territory of Goa, Daman and Diu,
Pondicherry or Mizoram" shall be substituted;

(iii) after the proviso as so amended, the following further proviso
shall be inserted, namely:-

"Provided further that whenever the body functioning as a Legislature
for the Union territory of Goa, Daman and Diu, Pondicherry or Mizoram
is dissolved, or the functioning of that body as such Legislature
remains suspended on account of any action taken under any such law as
is referred to in clause (1) of article 239A, the President may,
during the period of such dissolution or suspension, make regulations
for the peace, progress and good government of that Union territory.";

(b) in clause (2), the words "any existing law", the words "any other
law" shall be substituted.

5. Insertion of new article 371C.-After article 371B of the
Constitution, the following article shall be inserted, namely:-

`371C. Special provision with respect to the State of Manipur.-(1)
Notwithstanding anything in this Constitution, the President may, by
order made with respect to the State of Manipur, provide for the
constitution and functions of a committee of the Legislative Assembly
of the State consisting of members of that Assembly elected from the
Hill Areas of that State, for the modifications to be made in the
rules of business of the Government and in the rules of procedure of
the Legislative Assembly of the State and for any special
responsibility of the Governor in order to secure the proper
functioning of such committee.

(2) The Governor shall annually, or whenever so required by the
President, make a report to the President regarding the administration
of the Hill Areas in the State of Manipur and the executive power of
the Union shall extend to the giving of directions to the State as to
the administration of the said areas.

Explanation.-In this article, the expression "Hill Areas" means such
areas as the President may, by order, declare to be Hill Areas.'.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (TWENTY-EIGHTH AMENDMENT) ACT, 1972

Statement of Objects and Reasons appended to the Constitution
(Thirty-first Amendment) Bill, 1972 (Bill No. 55 of 1972) which was
enacted as THE CONSTITUTION (Twenty-eighth Amendment) Act, 1972

STATEMENT OF OBJECTS AND REASONS

Article 314 of the Constitution guarantees to persons who were
appointed by the Secretary of State or Secretary of State in Council
to a civil service of the Crown in India and who continued to serve
after the commencement of the Constitution under the Government of
India or of a State the same conditions of service as respects
remuneration, leave and pension and the same rights as respects
disciplinary matters or rights as similar thereto as changed
circumstances may permit, as such persons were entitled to immediately
before such commencement. The concept of a class of officers with
immutable conditions of service is incompatible with the changed
social order. It is, therefore, considered necessary to amend the
Constitution to provide for the deletion of article 314 and for the
inclusion of a new article 312A which confers powers on Parliament to
vary or revoke by law the conditions of service of the officers
aforesaid and contains appropriate consequential and incidental
provisions.

2. The Bill seeks to give effect the above objects.

NEW DELHI; RAM NIWAS MIRDHA.

The 22nd May, 1972.

THE CONSTITUTION (TWENTY-EIGHTH AMENDMENT) ACT, 1972

[27th August, 1972.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Twenty-third Year of the Republic
of India as follows:-

1. Short title and commencement.-(1) This Act may be called the
Constitution (Twenty-eighth Amendment) Act, 1972.

(2) It shall come into force on such date_664 as the Central
Government may, by notification in the Official Gazette, appoint.

2. Insertion of new article 312A.-After article 312 of the
Constitution, the following article shall be inserted, namely:-

"312A. Power of Parliament to vary or revoke conditions of service of
officers of certain services (1) Parliament may by law-

(a) vary or revoke, whether prospectively or retrospectively, the
conditions of service as respects remuneration, leave and pension and
the rights as respects disciplinary matters of persons who, having
been appointed by the Secretary of State or Secretary of State in
Council to a civil service of the Crown in India before the
commencement of this Constitution, continue on and after the
commencement of THE CONSTITUTION (Twenty-eighth Amendment) Act, 1972,
to serve under the Government of India or of a State in any service or
post;

(b) vary or revoke, whether prospectively or retrospectively, the
conditions of service as respects pension of persons who, having been
appointed by the Secretary of State or Secretary of State in Council
to a civil service of the Crown in India before the commencement of
this Constitution, retired or otherwise ceased to be in service at any
time before the commencement of the Constitution (Twenty-eighth
Amendment) Act, 1972:

Provided that in the case of any such person who is holding or has
held the office of the Chief Justice or other Judge of the Supreme
Court or a High Court, the Comptroller and Auditor-General of India,
the Chairman or other member of the Union or a State Public Service
Commission or the Chief Election Commissioner, nothing in sub-clause
(a) or sub-clause (b) shall be construed as empowering Parliament to
vary or revoke, after his appointment to such post, the conditions of
his service to his disadvantage except in so far as such conditions of
service are applicable to him by reason of his being a person
appointed by the Secretary of State or Secretary of State in Council
to a civil service of the Crown in India.

(2) Except to the extent provided for by Parliament by law under this
article, nothing in this article shall affect the power of any
legislature or other authority under any other provision of this
Constitution to regulate the conditions of service of persons referred
to in clause (1).

(3) Neither the Supreme Court nor any other court shall have
jurisdiction in-

(a) any dispute arising out of any provision of, or any endorsement
on, any covenant, agreement or other similar instrument which was
entered into or executed by any person referred to in clause (1), or
arising out of any letter issued to such person, in relation to his
appointment to any civil service of the Crown in India or his
continuance in service under the Government of the Dominion of India
or a Province thereof;

(b) any dispute in respect of any right, liability or obligation under
article 314 as originally enacted.

(4) The provisions of this article shall have effect notwithstanding
anything in article 314 as originally enacted or in any other
provision of this Constitution.".

3. Omission of article 314.-Article 314 of the Constitution shall be
omitted.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (TWENTY-NINTH AMENDMENT) ACT, 1972

Statement of Objects and Reasons appended to the Constitution
(Thirty-second Amendment) Bill, 1972 which was enacted as
the Constitution (Twenty-ninth Amendment) Act, 1972

STATEMENT OF OBJECTS AND REASONS

The Kerala Land Reforms Act, 1963 (Act 1 of 1964), in the principal
land reform law in the State of Kerala and was included in the Ninth
Schedule to the Constitution. In the course of implementation, the
State Government faced serious practical difficulties and to overcome
them, that Act was extensively amended by the Kerala Land Reforms
(Amendment) Act, 1969 (Act 35 of 1969) and by the Kerala and Reforms
(Amendment) Act, 1971 (Act 25 of 1971). Certain crucial provisions of
the principal Act as amended were challenged in the High Court of
Kerala and in the Supreme Court, creating a climate of uncertainty in
the effective implementation of land reforms. Although the High Court
of Kerala has generally upheld the scheme of land reforms envisaged in
the principal Act as amended, a few vital provisions have been struck
down by the High Court. Even in regard to the provisions upheld by
the High Court, the affected parties had moved the Supreme Court in
appeal. Some persons also moved the Supreme Court in original
petitions challenging certain provisions of the Act. The Supreme
Court in its judgments delivered on 26th and 28th April, 1972, have
generally uphold the scheme of land reforms as envisaged in the
principal Act as amended but agreed with the High Court invalidating
certain crucial provisions. It is feared that this will have
far-reaching adverse affects on the implementation of the programme of
land reforms in the State and thousands of tenants will be adversely
affected by some of the provisions which have been either struck down
or rendered ineffective. It is also apprehended that certain
observations of the Supreme Court in the judgments might open the
flood-gates of litigation much to the detriment of thousands of
Kudikidappukars in the State who will not be able to defend themselves
in protracted legal proceedings. Further, appeals have been preferred
against the judgment of the Kerala High Court invalidating certain
important provisions of the principal Act as amended [e.g. sections
4A (1)(a) and (b), 7, 7D(1) and 103] and they are pending in the
Supreme Court.

2. It is, therefore, proposed to include the Kerala Land Reforms
(Amendment) Act, 1969 and the Kerala Land Reforms (Amendment) Act,
1971 in the Ninth Schedule to the Constitution so that they may have
the protection under article 31B and any uncertainty or doubt that may
arise in regard to the validity of those Acts is removed. The Bill
seeks to achieve this object.

NEW DELHI; H. R. GOKHALE.

The 24th May, 1972.

THE CONSTITUTION (TWENTY-NINTH AMENDMENT) ACT, 1972

[9th June, 1972.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Twenty-third Year of the Republic
of India as follows:-

1. Short title.-This Act may be called the Constitution (Twenty-ninth
Amendment) Act, 1972.

2. Amendment of Ninth Schedule.-In the Ninth Schedule to the
Constitution, after entry 64 and before the Explanation the following
entries shall be inserted, namely:-

"65. The Kerala Land Reforms (Amendment) Act, 1969 (Kerala Act 35 of
1969).

66. The Kerala Land Reforms (Amendment) Act, 1971 (Kerala Act 25 of
1971.".

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (THIRTIETH AMENDMENT) ACT, 1972

Statement of Objects and Reasons appended to the Constitution
(Thirtieth Amendment) Bill, 1972 which was enacted as
the Constitution (Thirtieth Amendment) Act, 1973

STATEMENT OF OBJECTS AND REASONS

This Bill seeks to give effect to the recommendations of the Law
Commission of India in its Forty-fourth and Forty-fifth Reports on
Civil Appeals to the Supreme Court on certificate of fitness. At
present an appeal lies to the Supreme Court, inter alia, on a
certificate given by a High Court that the amount or the value of the
subject-matter of dispute is not less than twenty thousand rupees or
that the judgment, decree or final order involves, directly or
indirectly, some claim or question respecting property of the like
amount. The valuation cannot be the rational yardstick for a right to
appeal. An important question of law can arise even in suits of small
value and the test of valuation results in cases without merit going
up to the Supreme Court. The Law Commission recommended that clauses
(a) and (b) of article 133(1) of the Constitution should be omitted
and that an appeal should lie to the Supreme Court only if the High
Court certifies that the case involves a substantial question of law
of general importance and that in the opinion of the High Court the
said question needs to be decided by the Supreme Court. The amendment
of the article accordingly would curtail the number of appeals which
are filed in the Supreme Court merely on the valuation test being
satisfied, without any merit in them. The Bill seeks to achieve this
object.

NEW DELHI; H. R. GOKHALE.

The 8th May, 1972.

THE CONSTITUTION (THIRTIETH AMENDMENT) ACT, 1972

[22nd February, 1973.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament the Twenty-third Year of the Republic of
India as follows:-

1. Short title and commencement.-(1) This Act may be called the
Constitution (Thirtieth Amendment) Act, 1972.

(2) It shall come into force on such date_665 as the Central
Government may, by notification in the Official Gazette, appoint.

2. Amendment of article 133.-In article 133 of the Constitution, for
clause (1), the following clause shall be substituted, namely:-

"(1) An appeal shall lie to the Supreme Court from any judgment,
decree or final order in a civil proceeding of a High Court in the
territory of India if the High Court certifies-

(a) that the case involves a substantial question of law of general
importance; and

(b) that in the opinion of the High Court the said question needs to
be decided by the Supreme Court.".

3. Special provision as to pending proceedings, etc.-(1) Nothing in
this Act shall affect-

(a) any appeal under sub-clause (a) or sub-clause (b) or sub-clause
(c) of clause (1) of article 133 of the Constitution which immediately
before the commencement of this Act was pending before the Supreme
Court; or

(b) any appeal preferred on or after the commencement of this Act
against any judgement, decree or final order in a civil proceeding of
a High Court by virtue of a certificate given by the High Court before
the commencement of this Act under sub-clause (a) or sub-clause (b) or
sub-clause (c) of clause (1) of article 133.

and every such appeal may be heard and disposed of or, as the case may
be, entertained, heard and disposed of by the Supreme Court as if this
Act had not been passed.

(2) Subject to the provisions of sub-section (1), no appeal shall lie
to the Supreme Court under clause (1) of article 133 of the
Constitution from any judgment, decree or final order arising out of a
suit or other civil proceeding which was instituted or commenced in
any court before the commencement of this Act unless such appeal
satisfies the provisions of that clause as amended by this Act.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (THIRTY-FIRST AMENDMENT) ACT, 1973

Statement of Objects and Reasons appended to the Constitution
(Thirty-first Amendment) Bill, 1973 (Bill No. 31 of 1973) which was
enacted as the Constitution (Thirty-first Amendment) Act, 1973

STATEMENT OF OBJECTS AND REASONS

Clause (1) of article 81 of the Constitution provides that the House
of the People shall consist of not more than 500 members to be chosen
by direct election from territorial constituencies in the States and
not more than 25 members to represent the Union territories, chosen in
such manner as Parliament may by law provide. As a result of the
enactment of the North-Eastern Areas (Reorganisation) Act, 1971 (81 of
1971), the total number of seats in the Lok Sabha allotted to the
States has increased to 506, six more than the permissible limit of
500 under article 81. The actual total number of elected members of
the present Lok Sabha is 522 (489 from the fifteen major States, 17
from the six smaller States of Himanchal Pradesh, Jammu and Kashmir,
Manipur, Meghalaya, Nagaland and Tripura each of which has a
population of less than six millions and 16 from the nine Union
territories).

2. Clause (2) of article 81 of the Constitution lays down that for
the purposes of sub-clause (a) of clause (1), there shall be allotted
to each State a number of seats in the House of the People in such
manner that the ratio between that number and the population of the
State is, so far as practicable, the same for all States and that each
State shall be divided into territorial constituencies in such manner
that the ratio between the population of each constituency and the
number of seats allotted to it is, so far as practicable, the same
throughout the State. Under clause (3) of article 81, the expression
"population" means the population as ascertained in the last preceding
census of which the relevant figures have been published. Article 82
enjoins that on the completion of each census, the allocation of seats
in the House of the People to the State and the division of each State
into territorial constituencies shall be readjusted by such authority
and in such manner as Parliament may by law determine. In pursuance
of article 82, Parliament had enacted the Delimitation Act, 1972 and
the Delimitation Commission has been constituted to undertake the
necessary task of the readjustment envisaged in article 82. It will
be noticed that adherence to the principles laid down in clause (2) of
article 81 by the Delimitation Commission in undertaking readjustment
as enjoined by article 82 on the basis of the 1971-census figures may
have the effect of affecting the number of seats allotted to the
States in the House of the People. It is felt that it would be better
to ensure that any readjustment and consequent allocation of seats
does not adversely affect the existing number of seats allotted to
each State in the House of the People and to achieve this purpose it
would be necessary to increase the strength of the Lok Sabha suitably.

3. In order to ensure that there is no reduction in the existing
representation in the House of the People in respect of any of the
States, clause 2 of the Bill seeks to amend article 81 so as to
increase the upper limit for representation of the States from 500 to
525. The opportunity is taken to decrease the limit for the Union
territories from 25 to 20, as the existing representation for Union
territories is only 16. Government also consider it necessary to make
an amendment in clause (2) of article 81 to provide that the
provisions of sub-clause (a) of clause (2) of article 81 shall not be
applicable to any State so long as its population does not exceed six
millions. This is to ensure that the existing representation in the
Lok Sabha is maintained for the smaller States referred to in
paragraph 1 above.

4. Article 330 of the Constitution relates to reservation of seats in
the Lok Sabha for Scheduled Castes and Scheduled Tribes. The
provisons of this article have, however, been made inapplicable to the
State of Nagaland on the ground that it has a predominantly tribal
population. According to the 1971-census, 88.6 per cent. of
Nagaland's population belong to the Scheduled Tribes. The
corresponding figures for the State of Meghalaya and the Union
territories of Arunachal Pradesh and Mizoram are 80.5 per cent., 79.0
per cent. and 94.3 per cent. respectively. Government, therefore,
consider that the provisions of article 330 should not apply also to
the predominantly tribal units of Meghalaya, Arunachal Pradesh and
Mizoram. Similarly, it is considered that as in the case of Nagaland,
there need be no reservation of seats for Scheduled Tribes in the
Legislative Assembly of the State of Meghalaya and the article 332 of
the Constitution may be amended suitably. Clauses 3 and 4 of the Bill
seek to achieve these objects.

NEW DELHI; H. R. GOKHALE.

The 18th April, 1973.

THE CONSTITUTION (THIRTY-FIRST AMENDMENT) ACT, 1973

[17th October, 1973.]

An Act further to amend the Constitution of India.

BE It enacted by Parliament in the Twenty-fourth Year of the Republic
of India as follows:---

1. Short title.-This Act may be called the Constitution (Thirty-first
Amendment) Act, 1973.

2. Amendment of article 81.-In article 81 of the Constitution,-

(a) in clause (1),-

(i) in sub-clause (a), for the words "five hundred members", the words
"five hundred and twenty-five members" shall be substituted; and

(ii) in sub-clause (b), for the words "twenty-five members", the words
"twenty members" shall be substituted;

(b) in clause (2), after sub-clause (b), the following proviso shall
be inserted, namely:-

"Provided that the provisions of sub-clause (a) of this clause shall
not be applicable for the purpose of allotment of seats in the House
of the People to any State so long as the population of that State
does not exceed six millions.".

3. Amendment of article 330.-(1) In article 330 of the
Constitution,-

(a) in sub-clause (b) of clause (1), for the words "except the
Scheduled Tribes in the tribal areas of Assam and in Nagaland, and",
the following shall be substituted, namely:-

"except the Scheduled Tribes-

(i) in the tribal areas of Assam;

(ii) in Nagaland;

(iii) in Meghalaya;

(iv) in Arunachal Pradesh; and

(v) in Mizoram; and";

(b) after clause (2), the following clause shall be inserted,
namely:-

"(3) Notwithstanding anything contained in clause (2), the number of
seats reserved in the House of the People for the Scheduled Tribes in
the autonomous districts of Assam shall bear to the total number of
seats allotted to that State a proportion not less than the population
of the Scheduled Tribes in the said autonomous districts bears to the
total population of the State.".

(2) The amendment made to article 330 of the Constitution by
sub-section (1) shall not affect any representation in the House of
the People until the dissolution of the House of the People existing
at the commencement of this Act.

4. Amendment of article 332.-(1) In article 332 of the Constitution,
in clause (1), for the words "except the Scheduled Tribes in the
tribal areas of Assam and in Nagaland" the words "except the Scheduled
Tribes in the tribal areas of Assam, in Nagaland and in Meghalaya"
shall be substituted.

(2) The amendment made to article 332 of the Constitution by
sub-section (1) shall not affect any representation in the Legislative
Assembly of the State of Meghalaya until the dissolution of that
Legislative Assembly existing at the commencement of this Act.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (THIRTY-SECOND AMENDMENT) ACT, 1973

Statement of Objects and Reasons appended to the Constitution
(Thirty-third Amendment) Bill, 1973 which was enacted as
the Constitution (Thirty-second Amendment) Act, 1973

STATEMENT OF OBJECTS AND REASONS

When the State of Andhra Pradesh was formed in 1956, certain
safeguards were envisaged for the Telangana area in the matter of
development and also in the matter of employment opportunities and
educational facilities for the residents of that area. The provisions
of clause (1) of article 371 of the Constitution were intended to give
effect to certain features of these safeguards. The Public Employment
(Requirement as to Residence) Act, 1957, was enacted inter alia to
provide for employment opportunities for residents of Telangana area.
But in 1969, the Supreme Court held the relevant provision of the Act
to be unconstitutional is so far as it related to the safeguards
envisaged for the Telangana area. Owing to a variety of causes, the
working of the safeguards gave rise to a certain amount of
dissatisfaction sometimes in the Telangana area and sometimes in the
other areas of the State. Measures were devised from time to time to
resolve the problems. Recently several leaders of Andhra Pradesh made
a concerted effort to analyse the factors which have been giving rise
to the dissatisfaction and find enduring answers to the problems with
a view to achieving fuller emotional integration of the people of
Andhra Pradesh. On the 21st September, 1973, they suggested certain
measures (generally known as the Six-Point Formula) indicating a
uniform approach for promoting accelerated development of the backward
areas of the State so as to secure the balanced development of the
State as a whole and for providing equitable opportunities to
different areas of the State in this matter of education, employment
and career prospects in public services. This formula has received
wide support in Andhra Pradesh and has been endorsed by the State
Government.

2. This Bill has been brought forward to provide the necessary
constitutional authority for giving effect to the Six-Point Formula in
so far as it relates to the provision of equitable opportunities for
people of different areas of the State in the matter of admission to
educational institutions and public employment and constitution of an
Administrative Tribunal with jurisdiction to deal with certain
disputes and grievances relating to public services. The Bill also
seeks to empower Parliament to legislate for establishing a Central
University in the State and contains provisions of an incidental and
consequential nature including the provision for the validation of
certain appointments made in the past. As the Six-Point Formula
provides for the discontinuance of the Regional Committee constituted
under clause (1) of article 371 of the Constitution, the Bill also
provides for the repeal of that clause.

NEW DELHI; UMA SHANKAR DIKSHIT.

The 12th December, 1973.

THE CONSTITUTION (THIRTY-SECOND AMENDMENT) ACT, 1973

[3rd May, 1974.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Twenty-fourth Year of the Republic
of India as follows:-

1. Short title and commencement (1).- This Act may be called the
Constitution (Thirty-second Amendment) Act, 1973.

(2) It shall come into force on such date_666 as the Central
Government may, by notification in the official Gazette, appoint.

2. Amendment of article 371.-Clause (1) of article 371 of the
Constitution shall be omitted, and in the marginal heading to that
article, the words "Andhra Pradesh," shall be omitted.

3. Insertion of new articles 371D and 371E.-After article 371C of the
Constitution, the following articles shall be inserted, namely:-

"371D. Special provisions with respect to the State of Andhra
Pradesh.-(1) The President may by order made with respect to the State
of Andhra Pradesh provide, having regard to the requirements of the
State as a whole, for equitable opportunities and facilities for the
people belonging to different parts of the State, in the matter of
public employment and in the matter of education, and different
provisions may be made for various parts of the State.

(2) An order made under clause (1) may, in particular,-

(a) require the State Government to organise any class or classes of
posts in civil service of, or any class or classes of civil posts
under, the State into different local cadres for different parts of
the State and allot in accordance with such principles and procedure
as may be specified in the order the persons holding such posts to the
local cadres so organised;

(b) specify any part or parts of the State which shall be regarded as
the local area-

(i) for direct recruitment to posts in any local cadre (whether
organised in pursuance of an order under this article or constituted
otherwise) under the State Government;

(ii) for direct recruitment to posts in any cadre under any local
authority within the State; and

(iii) for the purposes of admission to any University within the State
or to any other educational institution which is subject to the
control of the State Government;

(c) specify the extent to which, the manner in which and the
conditions subject to which, preference or reservation shall be given
or made-

(i) in the matter of direct recruitment to posts in any such cadre
referred to in sub-clause (b) as may be specified in this behalf in
the order;

(ii) in the matter of admission to any such University or other
educational institution referred to in sub-clause (b) as may be
specified in this behalf in the order,

to or in favour of candidates who have resided or studied for any
period specified in the order in the local area in respect of such
cadre, University or other educational institution, as the case may
be.

(3) The President may, by order, provide for the constitution of an
Administrative Tribunal for the State of Andhra Pradesh to exercise
such jurisdiction, powers and authority [including any jurisdiction,
power and authority which immediately before the commencement of the
Constitution (Thirty-second Amendment) Act, 1973, was exercisable by
any court (other than the Supreme Court) or by any tribunal or other
authority] as may be specified in the order with respect to the
following matters, namely:---

(a) appointment, allotment or promotion to such class or classes of
posts in any civil service of the State, or to such class or classes
of civil posts under the State, or to such class or classes of posts
under the control of any local authority within the State, as may be
specified in the order;

(b) seniority of persons appointed, allotted or promoted to such class
or classes of posts in any civil service of the State, or to such
class or classes of civil posts under the State, or to such class or
classes of posts under the control of any local authority within the
State, as may be specified in the order;

(c) such other conditions of service of persons appointed, allotted or
promoted to such class or classes of posts in any civil service of the
State or to such class or classes of civil posts under the State or to
such class or classes of posts under the control of any local
authority within the State, as may be specified in the order.

(4) An order made under clause (3) may-

(a) authorise the Administrative Tribunal to receive representations
for the redress of grievances relating to any matter within its
jurisdiction as the President may specify in the order and to make
such orders thereon as the Administrative Tribunal deems fit;

(b) contain such provisions with respect to the powers and authorities
and procedure of the Administrative Tribunal (including provisions
with respect to the powers of the Administrative Tribunal to punish
for contempt of itself) as the President may deem necessary;

(c) provide for the transfer to the Administrative Tribunal of such
classes of proceedings, being proceedings relating to matters within
its jurisdiction and pending before any court (other than the Supreme
Court) or tribunal or other authority immediately before the
commencement of such order, as may be specified in the order;

(d) contain such supplemental, incidental and consequential provisions
(including provisions as to fees and as to limitation, evidence or for
the application of any law for the time being in force subject to any
exceptions or modifications) as the President may deem necessary.

(5) The order of the Administrative Tribunal finally disposing of any
case shall become effective upon its confirmation by the State
Government or on the expiry of three months from the date on which the
order is made, whichever is earlier:

Provided that the State Government may, by special order made in
writing and for reasons to be specified therein, modify or annul any
order or the Administrative Tribunal before it becomes effective and
in such a case, the order of the Administrative Tribunal shall have
effect only in such modified form or be of no effect, as the case may
be.

(6) Every special order made by the State Government under the proviso
to clause (5) shall be laid, as soon as may be after it is made,
before both Houses of the State Legislature.

(7) The High Court for the State shall not have any powers of
superintendence over the Administrative Tribunal and no court (other
than the Supreme Court) or tribunal shall exercise any jurisdiction,
power or authority in respect of any matter subject to the
jurisdiction, power or authority of, or in relation to, the
Administrative Tribunal.

(8) If the President is satisfied that the continued existence of the
Administrative Tribunal is not necessary, the President may by order
abolish the Administrative Tribunal and make such provisions in such
order as he may deem fit for the transfer and disposal of cases
pending before the Tribunal immediately before such abolition.

(9) Notwithstanding any judgment, decree or order of any court,
tribunal or other authority,-

(a) no appointment, posting, promotion or transfer of any person-

(i) made before the 1st day of November, 1956, to any post under the
Government of, or any local authority within, the State of Hyderabad
as it existed before that date; or

(ii) made before the commencement of the Constitution (Thirty-second
Amendment) Act, 1973, to any post under the Government of, or any
local or other authority within, the State of Andhra Pradesh; and

(b) no action taken or thing done by or before any person referred to
in sub-clause (a),

shall be deemed to be illegal or void or ever to have become illegal
or void merely on the ground that the appointment, posting, promotion
or transfer of such person was not made in accordance with any law,
then in force, providing for any requirement as to residence within
the State of Hyderabad or, as the case may be, within any part of the
State of Andhra Pradesh, in respect of such appointment, posting,
promotion or transfer.

(10) The provisions of this article and of any order made by the
President thereunder shall have effect notwithstanding anything in any
other provision of this Constitution or in any other law for the time
being in force.

371E. Establishment of Central University in Andhra Pradesh.-
Parliament may by law provide for the establishment of a University in
the State of Andhra Pradesh.".

4. Amendment of Seventh Schedule.-In the Seventh Schedule to the
Constitution, in List I, in entry 63, for the words "Delhi University,
and", the words, figures and letter "Delhi University; the University
established in pursuance of article 371E;" shall be substituted.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (THIRTY-THIRD AMENDMENT) ACT, 1974

Statement of Objects and Reasons appended to the Constitution
(Thirty-fifth Amendment) Bill, 1974 which was enacted as
the Constitution (Thirty-third Amendment) Act, 1974

STATEMENT OF OBJECTS AND REASONS

Articles 101 (3) (b) and 190(3) (b) of the Constitution permit a
member of either House of Parliament or a member of a House of the
Legislature of a State to resign his seat by writing under his hand
addressed to the Speaker or the Chairman, as the case may be. In the
recent past, there have been instances where coercive measures have
been resorted to for compelling members of a Legislative Assembly to
resign their membership. If this is not checked, it might become
difficult for Legislatures to function in accordance with the
provisions of the Constitution. It is, therefore proposed to amend
the above two articles to impose a requirement as to acceptance of the
resignation by the Speaker or the Chairman and to provide that the
resignation shall not be accepted by the Speaker or the Chairman if he
is satisfied after making such inquiry as he thinks fit that the
resignation is not voluntary or genuine.

2. The Bill seeks to achieve the above object.

NEW DELHI; H. R. GOKHALE.

The 2nd May, 1974.

THE CONSTITUTION (THIRTY-THIRD AMENDMENT) ACT, 1974

[19th May, 1974.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Twenty-fifty Year of the Republic
of India as follows:---

1. Short title.-This Act may be called the Constitution (Thirty-third
Amendment) Act, 1974.

2. Amendment of article 101.-In article 101 of the Constitution,
in clause (3),-

(1) for sub-clause (b), the following sub-clause shall be substituted,
namely:-

"(b) resigns his seat by writing under his hand addressed to the
Chairman or the Speaker, as the case may be, and his resignation is
accepted by the Chairman or the Speaker, as the case may be,";

(2) the following proviso shall be inserted at the end, namely:-

"Provided that in the case of any resignation referred to in sub-
clause (b), if from information received or otherwise and after making
such inquiry as he thinks fit, the Chairman or the Speaker, as the
case may be, is satisfied that such resignation is not voluntary or
genuine, he shall not accept such resignation.".

3. Amendment of article 190.-In article 190 of the Constitution, in
clause (3),-

(1) for sub-clause (b), the following sub-clause shall be substituted,
namely:-

"(b) resigns his seat by writing under his hand addressed to the
Speaker or the Chairman, as the case may be, and his resignation is
accepted by the Speaker or the Chairman, as the case may be,";

(2) the following proviso shall be inserted at the end, namely:-

"Provided that in the case of any resignation referred to in sub-
clause (b), if from information received or otherwise and after making
such inquiry as he thinks fit, the speaker or the chairman, as the
case may be, is satisfied that such resignation is not voluntary or
genuine, he shall not accept such resignation.".

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (THIRTY-FOURTH AMENDMENT) ACT, 1974

Statement of Objects and Reasons appended to the Constitution
(Thirty-fourth Amendment) Bill, 1974 which was enacted as
the Constitution (Thirty-fourth Amendment) Act, 1974

STATEMENT OF OBJECTS AND REASONS

The Chief Ministers' Conference held on the 23rd July, 1972, had made
important suggestions with regard to reduction in the level of ceiling
on land holdings, application of ceiling on the basis of land held by
a family and the withdrawing of exemptions. The suggestions of the
Chief Ministers' Conference were accepted by the Government of India
and necessary guidelines were issued to the State Governments for the
revision of ceiling laws.

2. It is proposed to amend the Ninth Schedule to the Constitution to
include therein the revised ceiling laws which have so far been
enacted in broad conformity with the aforesaid guidelines so that they
may have the protection under article 31B of the Constitution and any
uncertainty or doubt that may arise in regard to the validity of those
laws is removed. In addition, two Acts dealing with the abolition of
intermediary tenures are also proposed to be included in the Ninth
Schedule, namely, the Bihar Land Reforms (Amendment) Act, 1972 and the
Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Act,
1969, so that they may also have the same protection.

3. The Bill seeks to achieve this object.

NEW DELHI; FAKHRUDDIN ALI AHMED.

The 29th April, 1974.

THE CONSTITUTION (THIRTY-FOURTH AMENDMENT) ACT, 1974

[7th September, 1974.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Twenty-fifth Year of the Republic
of India as follows:-

1. Short title.-This Act may be called the Constitution
(Thirty-fourth Amendment)) Act, 1974.

2. Amendment of Ninth Schedule.-In the Ninth Schedule to the
Constitution, after entry 66 and before the Explanation, the following
entries shall be inserted, namely:-

"67. The Andhra Pradesh Land Reforms (Ceiling on Agricultural
Holdings) Act, 1973 (Andhra Pradesh Act 1 of 1973).

68. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition
of Surplus Land) (Amendment) Act, 1972 (Bihar Act I of 1973).

69. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition
of Surplus Land) (Amendment) Act, 1973 (Bihar Act IX of 1973).

70. The Bihar Land Reforms (Amendment) Act, 1972 (Bihar Act V of
1972).

71. The Gujarat Agricultural Lands Ceiling (Amendment) Act, 1972
(Gujarat Act 2 of 1974).

72. The Haryana Ceiling on Land Holdings Act, 1972 (Haryana Act 26 of
1972).

73. The Himachal Pradesh Ceiling on Land Holdings Act, 1972 (Himachal
Pradesh Act 19 of 1973).

74. The Kerala Land Reforms (Amendment) Act, 1972 (Kerala Act 17 of
1972).

75. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment)
Act, 1972 (Madhya Pradesh Act 12 of 1974),

76. The Madhya Pradesh Ceiling on Agricultural Holdings (Second
Amendment) Act, 1972 (Madhya Pradesh Act 13 of 1974).

77. The Mysore Land Reforms (Amendment) Act, 1973 (Karnataka Act 1 of
1974).

78. The Punjab Land Reforms Act, 1972 (Punjab Act 10 of 1973).

79. The[[B Rajasthan Imposition of Ceiling on Agricultural Holdings
Act, 1973 (Rajasthan Act 11 of 1973).

80. The Gudalur Janmam Estates (Abolition and Conversion into
Ryotwari) Act, 1969 (Tamil Nadu Act 24 of 1969).

81. The West Bengal Land Reforms (Amendment) Act, 1972 (West Bengal
Act XII of 1972).

82. The West Bengal Estates Acquisition (Amendment) Act, 1964 (West
Bengal Act XXII of 1964).

83. The West Bengal Estates Acquisition (Second Amendment) Act, 1973
(West Bengal Act XXXIII of 1973).

84. The Bombay Tenancy and Agricultural Lands (Gujarat Amendment)
Act, 1972 (Gujarat Act 5 of 1973).

85. The Orissa Land Reforms (Amendment) Act, 1974 (Orissa Act 9 of
1974).

86. The Tripura Land Revenue and Land Reforms (Second Amendment) Act,
1974 (Tripura Act 7 of 1974).".

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (THIRTY-FIFTH AMENDMENT) ACT, 1974

Statement of Objects and Reasons appended to the Constitution
(Thirty-sixth Amendment) Bill, 1974 which was enacted as
the Constitution (Thirty-fifth Amendment) Act, 1974

STATEMENT OF OBJECTS AND REASONS

In pursuance of the historic agreement of the 8th May, 1973, between
the Chogyal, the leaders of the political parties representing the
people of Sikkim and the Government of India and of the unanimous
desire of the members of the Sikkim Assembly expressed in the meetings
of the Assembly held on the 11th May, 1974, for the progressive
realisation of a fully responsible Government in Sikkim and for
furthering its close relationship with India, the Sikkim Assembly
considered and passed the Government of Sikkim Bill, 1974 unanimously.
The Chogyal promulgated this Bill on the 4th July, 1974 as the
Government of Sikkim Act, 1974. For the speedy development of Sikkim
in the social, economic and political fields, section 30 of the
Government of Sikkim Act, 1974 empowers the Government of Sikkim,
inter alia, to seek participation and representation for the people of
Sikkim in the political institutions of India. On the 28th June,
1974, after passing the Government of Sikkim Bill, the Sikkim Assembly
resolved unanimously that measures should be taken, amongst other
things, for seeking representation for the people of Sikkim in India's
parliamentary system.

2. After the promulgation of the Government of Sikkim Act, the Chief
Minister of Sikkim had made formal requests to the Government of India
through the Chief Executive requesting the Government of India to take
such steps as may be legally or constitutionally necessary to give
effect to the Government of Sikkim Act, 1974 and the resolutions
passed by the Assembly and particularly for providing for
representation for the people of Sikkim in Parliament.

3. With a view of giving effect to the wishes of the people of Sikkim
for strengthening Indo-Sikkim co-operation and inter-relationship, the
Bill seeks to amend the Constitution to provide for the terms and
conditions of association to Sikkim with the Union. The terms and
conditions are set out in the Tenth Schedule proposed to be added to
the Constitution by clause 5 of the Bill. Apart from referring to the
responsibilities of the Government of India and the powers of the
President in this regard, the Schedule provides for allotment to
Sikkim of one seat in the Council of States and one seat in the House
of the People and for the election of the representatives of Sikkim in
the Council of States and the House of the People by the members of
the Sikkim Assembly.

NEW DELHI; SWARAN SINGH.

The 30th August, 1974.

THE CONSTITUTION (THIRTY-FIFTH AMENDMENT) ACT, 1974

[22nd February, 1975.]

An Act further to amend the Constitution of India to give effect to
the wishes of the people of Sikkim for strengthening Indo-Sikkim
co-operation and inter-relationship.

BE it enacted by Parliament in the Twenty-fifth Year of the Republic
of India as follows:-

1. Short title and commencement.-(1) This Act may be called the
Constitution (Thirty-fifth Amendment) Act, 1974.

(2) It shall come into force on such date_667 as the Central
Government may, by notification in the Official Gazette, appoint.

2. Insertion of new article 2A.-After article 2 of the Constitution,
the following article shall be inserted, namely:-

"2A. Sikkim to be associated with the Union.-Sikkim, which comprises
the territories specified in the Tenth Schedule, shall be associated
with the Union on the terms and conditions set out in that Schedule.".

3. Amendment of article 80.-In article 80 of the Constitution, in
clause (1), for the words "The Council of States", the words and
figure "Subject to the provisions of paragraph 4 of the Tenth
Schedule, the Council of States" shall be substituted.

4. Amendment of article 81.-In article 81 of the Constitution, in
clause (1), for the words and figures "Subject to the provisions of
article 331", the words and figures "Subject to the provisions of
article 331 and paragraph 4 of the Tenth Schedule" shall be
substituted.

5. Addition of Tenth Schedule.-After the Ninth Schedule to the
Constitution, the following Schedule shall be added, namely:-

`TENTH SCHEDULE

[Articles 2A, 80(1) and 81(1)]

PART A
TERRITORIES OF SIKKIM

1. Sikkim.---Sikkim comprises the following territories, namely:-

The territories which, immediately before the coming into force of the
Government of Sikkim Act, 1974, were comprised in Sikkim.

PART B

TERMS AND CONDITIONS OF ASSOCIATION OF SIKKIM WITH THE UNION

2. Responsibilities of the Government of India.-(1) The Government
of India-

(a) shall be solely responsible for the defence and territorial
integrity of Sikkim and for the conduct and regulation of the external
relations of Sikkim, whether political, economic or financial;

(b) shall have the exclusive right of constructing, maintaining and
regulating the use of railways, aerodromes, landing grounds and air
navigation facilities, posts, telegraphs, telephones and wireless
installations in Sikkim;

(c) shall be responsible for securing the economic and social
development of Sikkim and for ensuring good administration and for the
maintenance of communal harmony therein;

(d) shall be responsible for providing facilities for students from
Sikkim in institutions for higher learning in India and for the
employment of people from Sikkim in the public service of India
(including the All-India Services), at par with those available to
citizens of India;

(e) shall be responsible for providing facilities for the
participation and representation of the people of Sikkim in the
political institutions of India.

(2) The provisions contained in this paragraph shall not be
enforceable by any court.

3. Exercise of certain powers by the President.-The President may, by
general or special order, provide-

(a) for the inclusion of the planned development of Sikkim within the
ambit of the planning authority of India while that authority is
preparing plans for the economic and social development of India, and
for appropriately associating officials from Sikkim in such work;

(b) for the exercise of all or any of the powers vested or sought to
be vested in the Government of India in or in relation to Sikkim under
the Government of Sikkim Act, 1974.

4. Representation in Parliament.-Notwithstanding anything in this
Constitution-

(a) there shall be allotted to Sikkim one seat in the Council of
States and one seat in the House of the People;

(b) the representative of Sikkim in the Council of States shall be
elected by the members of the Sikkim Assembly;

(c) the representative of Sikkim in the House of the People shall be
chosen by direct election, and for this purpose, the whole of Sikkim
shall form one parliamentary constituency to be called the
parliamentary constituency for Sikkim:

Provided that the representative of Sikkim in the House of the People
in existence at the commencement of the Constitution (Thirty-fifth
Amendment) Act, 1974, shall be elected by the members of the Sikkim
Assembly;

(d) there shall be one general electoral roll for the parliamentary
constituency for Sikkim and every person whose name is for the time
being entered in the electoral roll of any constituency under the
Government of Sikkim Act, 1974, shall be entitled to be registered in
the general electoral roll for the parliamentary constituency for
Sikkim;

(e) a person shall not be qualified to be the representative of Sikkim
in the Council of States or the House of the People unless he is also
qualified to be chosen to fill a seat in the Sikkim Assembly and in
the case of any such representative-

(i) clause (a) of article 84 shall apply as if the words "is a citizen
of India, and" had been omitted therefrom;

(ii) clause (3) of article 101 shall apply as if sub-clause (a) had
been omitted therefrom;

(iii) sub-clause (d) of clause (1) of article 102 shall apply as if
the words "is not a citizen of India, or" had been omitted therefrom;

(iv) article 103 shall not apply;

(f) every representative of Sikkim in the Council of States or in the
House of the People shall be deemed to be a member of the Council of
States or the House of the People, as the case may be, for all the
purposes of this Constitution except as respects the election of the
President or the Vice-President:

Provided that in he case of any such representative, clause (2) of
article 101 shall apply as if for the words "a House of the
Legislature of a State", in both the places where they occur, and for
the words "the Legislature of the State", the words "the Sikkim
Assembly" had been substituted;

(g) if a representative of Sikkim, being a member of the Council of
States or the House of the People, becomes subject to any of the
disqualifications for being a member of the Sikkim Assembly or for
being the representative of Sikkim in the Council of States or the
House of the People, his seat as a member of the Council of States or
the House of the People, as the case may be, shall thereupon become
vacant;

(h) if any question arises as to whether a representative of Sikkim,
being a member of the Council of States or the House of the People,
has become subject to any of the disqualifications mentioned in clause
(g) of this paragraph, the question shall be referred for the decision
of the President and his decision shall be final:

Provided that before giving any decision on any such question, the
President shall obtain the opinion of the Election Commission and
shall act according to such opinion;

(i) the superintendence, direction and control of the preparation of
the electoral rolls for the conduct of elections to Parliament under
this paragraph of the representatives of Sikkim shall be vested in the
Election Commission and the provisions of clauses (2), (3), (4) and
(6) of article 324 shall, so far as may be, apply to and in relation
to all such elections;

(j) Parliament may, subject to the provisions of this paragraph, from
time to time by law make provision with respect to all matters
relating to, or in connection with, such elections to either House of
Parliament;

(k) no such election to either House of Parliament shall be called in
question except by an election petition presented to such authority
and in such manner as may be provided for by or under any law made by
Parliament.

Explanation.-In this paragraph, the expression "the Sikkim Assembly"
shall mean the Assembly for Sikkim constituted under the Government of
Sikkim Act, 1974.

5. Schedule not to derogate from agreements, etc.-The provisions of
this Schedule shall be in addition to, and not in derogation of, any
other power, jurisdiction, rights and authority which the Government
of India has or may have in or in relation to Sikkim under any
agreement, grant, usage, sufferance or other lawful arrangement.'.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (THIRTY-SIXTH AMENDMENT) ACT, 1975

Statement of Objects and Reasons appended to the Constitution
(Thirty-eighth Amendment) Bill, 1975 which was enacted as
the Constitution (Thirty-sixth Amendment) Act, 1975

STATEMENT OF OBJECTS AND REASONS

The Sikkim Assembly unanimously adopted a resolution on the 10th
April, 1975 which, inter alia, noted the persistent harmful activities
of the Chogyal which were aimed at undermining the responsible
democratic Government set up under the provisions of the May 8
Agreement of 1973 and the Government of Sikkim Act, 1974. The
Resolution declared that the Assembly had satisfied itself that these
activities of the Chogyal not only violated the objectives of the
Agreement of May 8, 1973, but also ran counter to the wishes of the
people of Sikkim and impeded their democratic development and
participation in the political and economic life of India.
Accordingly the Assembly solemnly declared and resolved that "The
institution of the Chogyal is hereby abolished and Sikkim shall
henceforth be a constituent unit of India, enjoying a democratic and
fully responsible Government".

2. The Assembly also resolved that this Resolution be submitted to
the people of Sikkim forthwith for their approval. A special opinion
poll conducted by the Government of Sikkim on the 14th April, 1975
resulted in a total of 59,637 votes in favour and 1,496 votes against
the Resolution out of a total electorate of approximately 97,000.

3. The result of this poll was communicated to the Government of
India by the Chief Minister of Sikkim on the 15th April, 1975. The
Chief Minister on behalf of the Council of Ministers strongly
requested the Government of India to make an immediate response and
accept the above decision, taking, as has been requested in the
Assembly Resolution of the 10th April, 1975, such measures as may be
necessary and appropriate to implement the decision as early as
possible.

4. The Chief Minister and other Ministers of Sikkim also visited New
Delhi on the 16th-17th April, 1975 and urged the Government of India
to take immediate action in this behalf.

5. Accordingly, it is proposed to include Sikkim as a full-fledged
State in the First Schedule to the Constitution and to allot to Sikkim
one seat in the Council of States and one seat in the House of the
People. It is also proposed to insert a new article containing the
provisions considered necessary to meet the special circumstances and
needs of Sikkim.

6. The Bill seeks to achieve the above objects.

NEW DELHI; Y. B. CHAVAN.

The 19th April, 1975.

THE CONSTITUTION (THIRTY-SIXTH AMENDMENT) ACT, 1975

[16th May, 1975.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Twenty-sixth Year of the Republic
of India as follows:-

1. Short title and commencement.-(1) This Act may be called the
Constitution (Thirty-sixth Amendment) Act, 1975.

(2) It shall be deemed to have come into force on the date_668 on
which the Bill for this Act [introduced in the House of the People as
the Constitution (Thirty-eighth Amendment) Bill, 1975], as passed by
the House of the People, is passed by the Council of States.

2. Amendment of First Schedule.-In the First Schedule to the
Constitution, under the heading "I. THE STATES", after entry 21, the
following entry shall be inserted namely:-

"22. Sikkim The territories which immediately before the
commencement of the Constitution
(Thirty-sixth Amendment) Act, 1975, were
comprised in Sikkim.".

3. Insertion of new article 371F.-After article 371E of the
Constitution, the following article shall be inserted, namely:-

"371F. Special provisions with respect to the State of Sikkim.-
Notwithstanding anything in this Constitution,-

(a) the Legislative Assembly of the State of Sikkim shall consist of
not less than thirty members;

(b) as from the date of commencement of the Constitution (Thirty-sixth
Amendment) Act, 1975 (hereafter in this article referred to as the
appointed day)-

(i) the Assembly for Sikkim formed as a result of the elections held
in Sikkim in April, 1974 with thirty-two members elected in the said
elections (hereinafter referred to as the sitting members) shall be
deemed to be the Legislative Assembly of the State of Sikkim duly
constituted under this Constitution;

(ii) the sitting members shall be deemed to the members of the
Legislative Assembly of the State of Sikkim duly elected under this
Constitution; and

(iii) the said Legislative Assembly of the State of Sikkim shall
exercise the powers and perform the functions of the Legislative
Assembly of a State under this Constitution;

(c) in the case of the Assembly deemed to be the Legislative Assembly
of the State of Sikkim under clause (b), the references to the period
of five years in clause (1) of article 172 shall be construed as
references to a period of four years and the said period of four years
shall be deemed to commence from the appointed day;

(d) until other provisions are made by Parliament by law, there shall
be allotted to the State of Sikkim one seat in the House of the People
and the State of Sikkim shall form one parliamentary constituency to
be called the parliamentary constituency for Sikkim;

(e) the representative of the State of Sikkim in the House of the
People in existence on the appointed day shall be elected by the
members of the Legislative Assembly of the State of Sikkim;

(f) Parliament may, for the purpose of protecting the rights and
interests of the different sections of the population of Sikkim make
provision for the number of seats in the Legislative Assembly of the
State of Sikkim which may be filled by candidates belonging to such
sections and for the delimitation of the assembly constituencies from
which candidates belonging to such sections alone may stand for
election to the Legislative Assembly of the State of Sikkim;

(g) the Governor of Sikkim shall have special responsibility for peace
and for an equitable arrangement for ensuring the social and economic
advancement of different sections of the population of Sikkim and in
the discharge of his special responsibility under this clause, the
Governor of Sikkim shall, subject to such directions as the President
may, from time to time, deem fit to issue, act in his discretion;

(h) all property and assets (whether within or outside the territories
comprised in the State of Sikkim) which immediately before the
appointed day were vested in the Government of Sikkim or in any other
authority or in any person for the purposes of the Government of
Sikkim shall, as from the appointed day, vest in the Government of the
State of Sikkim;

(i) the High Court functioning as such immediately before the
appointed day in the territories comprised in the State of Sikkim
shall, on and from the appointed day, be deemed to be the High Court
for the State of Sikkim;

(j) all courts of civil, criminal and revenue jurisdiction, all
authorities and all officers, judicial, executive and ministerial,
throughout the territory of the State of Sikkim shall continue on and
from the appointed day to exercise their respective functions subject
to the provisions of this Constitution;

(k) all laws in force immediately before the appointed day in the
territories comprised in the State of Sikkim or any part thereof shall
continue to be in force therein until amended or repealed by a
competent Legislature or other competent authority;

(l) for the purpose of facilitating the application of any such law as
is referred to in clause (k) in relation to the administration of the
State of Sikkim and for the purpose of bringing the provisions of any
such law into accord with the provisions of this Constitution, the
President may, within two years from the appointed day, by order, make
such adaptations and modifications of the law, whether by way of
repeal or amendment, as may be necessary or expedient, and thereupon,
every such law shall have effect subject to the adaptations and
modifications so made, and any such adaptation or modification shall
not be questioned in any court of law;

(m) neither the Supreme Court nor any other court shall have
jurisdiction in respect of any dispute or other matter arising out of
any treaty, agreement, engagement or other similar instrument relating
to Sikkim which was entered into or executed before the appointed day
and to which the Government of India or any of its predecessor
Governments was a party, but nothing in this clause shall be construed
to derogate from the provisions of article 143;

(n) the President may, by public notification, extend with such
restrictions or modifications as he thinks fit to the State of Sikkim
any enactment which is in force in a State in India at the date of the
notification;

(o) if any difficulty arises in giving effect to any of the foregoing
provisions of this article, the President may, by order, do anything
(including any adaptation or modification of any other article) which
appears to him to be necessary for the purpose of removing that
difficulty:

Provided that no such order shall be made after the expiry of two
years from the appointed day;

(p) all things done and all actions taken in or in relation to the
State of Sikkim or the territories comprised therein during the period
commencing on the appointed day and ending immediately before the date
on which the Constitution (Thirty-sixth Amendment) Act, 1975, receives
the assent of the President shall, in so far as they are in conformity
with the provisions of this Constitution as amended by the
Constitution (Thirty-sixth Amendment) Act, 1975, be deemed for all
purposes to have been validly done or taken under this Constitution as
so amended.".

4. Amendment of Fourth Schedule.-In the Fourth Schedule to the
Constitution, in the Table,-

(a) after entry 21, the following entry shall be inserted, namely:---

"22. Sikkim 1";

(b) existing entries 22 to 25 shall be renumbered as entries 23 to 26
respectively;

(c) for the figures "231", the figures "232" shall be substituted.

5. Consequential amendments.-The following consequential amendments
shall be made in the Constitution, namely:-

(a) article 2A shall be omitted;

(b) in article 80, in clause (1), the words and figure "Subject to the
provisions of paragraph 4 of the Tenth Schedule," shall be omitted;

(c) in article 81, in clause (1), the words and figure "and paragraph
4 of the Tenth Schedule" shall be omitted;

(d) the Tenth Schedule shall be omitted.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (THIRTY-SEVENTH AMENDMENT) ACT, 1975

Statement of Objects and Reasons appended to the Constitution
(Thirty-seventh Amendment) Bill, 1975 which was enacted as
the Constitution (Thirty-seventh Amendment) Act, 1975

STATEMENT OF OBJECTS AND REASONS

The Union territory of Arunachal Pradesh is at present administered
through a Chief Commissioner. It has a Pradesh Council, consisting
mostly of representatives of Zila Parishads, which functions as an
advisory body on important matters relating to the administration of
the Union territory. Some members of the Pradesh Council are also
associated with the Chief Commissioner in the day-to-day
administration as Counsellors. It is proposed to replace the Pradesh
Council by a Legislative Assembly and the Counsellors by a Council of
Ministers, as in certain other Union territories specified in article
239A of the Constitution. The Bill, therefore, seeks to include
Arunachal Pradesh in that article.

2. Under article 240 of the Constitution, the President is empowered
to make regulations for the Union territory of Arunchal Pradesh. With
the Constitution of a Legislative Assembly for the Union territory, it
is proposed to provide that, as in the case of other Union territories
with Legislatures, this power may be exercised only when the Assembly
is either dissolved or its functioning remains suspended. The Bill
seeks to amend article 240 also to achieve this object.

NEW DELHI; K. BRAHMANANDA REDDY.

The 19th March, 1975.

THE CONSTITUTION (THIRTY-SEVENTH AMENDMENT) ACT, 1975

[3rd May, 1975.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Twenty-sixth Year of the Republic
of India as follows:-

1. Short title.-This Act may be called the Constitution
(Thirty-seventh Amendment) Act, 1975.

2. Amendment of article 239A.-In article 239A of the Constitution, in
clause (1), for the words "Pondicherry and Mizoram", the words
"Pondicherry, Mizoram and Arunachal Pradesh" shall be substituted.

3. Amendment of article 240.-In article 240 of the Constitution, in
clause (1), in both the provisos, for the words "Pondicherry or
Mizoram", the words "Pondicherry, Mizoram or Arunachal Pradesh" shall
be substituted.

-----

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (THIRTY-EIGHTH AMENDMENT) ACT, 1975

Statement of Objects and Reasons appended to the Constitution
(Thirty-ninth Amendment) Bill, 1975 which was enacted as
the Constitution (Thirty-eighth Amendment) Act, 1975

STATEMENT OF OBJECTS AND REASONS

The Constitution (Thirty-ninth Amendment) Bill, 1975 seeks to amend
articles 123, 213, 239B, 352, 356, 359 and 360 of the Constitution.

2. Article 123 empowers the President to promulgate Ordinances when
both the Houses of Parliament are not in session if he is satisfied
that circumstance exist rendering it necessary to take immediate
action. Corresponding powers have been conferred by the Constitution
on the Governor under article 213. Similar powers have been conferred
on the Administrator under article 239B when the Legislature of a
Union territory is not in session. On the plain language of articles
123, 213 and 239B there is no doubt that the satisfaction mentioned in
those articles is subjective satisfaction and that it is not
justiciable. There is no doubt that this was also the intention of
the makers of the Constitution. However, litigation is pending
involving the justificability of this issue and contentions are being
raised that the issue is subject to judicial scrutiny. To place the
matter beyond doubt, it is proposed to provide in the Constitution
that the satisfaction of the President, Governor or Administrator
shall be final and conclusive and shall not be questioned in any court
on any ground.

3. Article 352 empowers the President to declare Emergency if he is
satisfied that the security of India or any part of it is threatened
by war, external aggression or internal disturbance. Article 356
empowers the President to assume to himself the functions of the
Government of a State if the constitutional machinery in any State
fails and the Government in the State cannot be carried on. Likewise
article 360 empowers the President to declare Financial Emergency if
he is satisfied that the financial stability of India is threatened.
Here again, the issue regarding satisfaction is, on the face of the
articles clearly not justiciable. However, as the validity of the
Proclamation issued under article 352 has been challenged in several
proceedings and as litigation of this nature involves waste of public
time and money, it is proposed to amend these three articles so as to
make the satisfaction of the President final and conclusive and not
justiciable on any ground.

4. In addition to article 352, contentions have been raised in
certain writ petitions that while the original Proclamation of
Emergency is in operation no further Proclamation of Emergency could
be made thereunder. In order to place the matter beyond doubt it is
proposed to make it clear in article 352 that the President may issue
different Proclamations on different grounds whether or not there is a
Proclamation already in existence and in operation.

5. When a Proclamation of Emergency is in operation, the President is
empowered under article 359 of the Constitution to make an order
suspending the right to move any court for the enforcement of such of
the rights conferred by Part III as may be mentioned in that order.
It was intended that the powers conferred by this article should be
exercised during an emergency according to needs of the situation. On
the other hand, article 358 renders the provisions of article 19
automatically inoperative while the Proclamation of Emergency is in
operation, and the power to make any law or to take any executive
action is not restricted by the provisions of that article. The
intention underlying article 359 appears to be that when an order is
made under clause (1) of that article in relation to any of the rights
conferred by Part III and mentioned in the order, the order so made
would have for all practical purposes the same effect in relation to
those rights as article 358 has in relation to article 19. It is,
therefore, proposed not to have any differences in language between
article 358 and the language in respect of those rights only which may
be mentioned in the Presidential Order under clause (1) of article
359.

6. The Bill seeks to achieve the aforesaid objects.

NEW DELHI; H. R. GOKHALE.

The 20th July, 1975.

THE CONSTITUTION (THIRTY-EIGHTH AMENDMENT) ACT, 1975

[1st August, 1975.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Twenty-sixth Year of the Republic
of India as follows:-

1. Short title.-This Act may be called the Constitution
(Thirty-eighth Amendment) Act, 1975.

2. Amendment of article 123.-In article 123 of the Constitution,
after clause (3), the following clause shall be inserted, and shall be
deemed always to have been inserted, namely:-

"(4) Notwithstanding anything in this Constitution, the satisfaction
of the President mentioned in clause (1) shall be final and conclusive
and shall not be questioned in any court on any ground.".

3. Amendment of article 213.-In article 213 of the Constitution,
after clause (3), the following clause shall be inserted, and shall be
deemed always to have been inserted, namely:-

"(4) Notwithstanding anything in this Constitution, the satisfaction
of the Governor mentioned in clause (1) shall be final and conclusive
and shall not be questioned in any court on any ground.".

4. Amendment of article 239B.-In article 239B of the Constitution,
after clause (3), the following clause shall be inserted, and shall be
deemed always to have been inserted, namely:-

"(4) Notwithstanding anything in this Constitution, the satisfaction
of the administrator mentioned in clause (1) shall be final and
conclusive and shall not be questioned in any court on any ground.".

5. Amendment of article 352.-In article 352 of the Constitution,
after clause (3), the following clauses shall be inserted, and shall
be deemed always to have been inserted, namely:-

"(4) The power conferred on the President by this article shall
include the power to issue different Proclamations on different
grounds, being war or external aggression or internal disturbance or
imminent danger of war or external aggression or internal disturbance,
whether or not there is a Proclamation already issued by the President
under clause (1) and such Proclamation is in operation.

(5) Notwithstanding anything in this Constitution,-

(a) the satisfaction of the President mentioned in clause (1) and
clause (3) shall be final and conclusive and shall not be questioned
in any court on any ground;

(b) subject to the provisions of clause (2), neither the Supreme Court
nor any other court shall have jurisdiction to entertain any question,
on any ground, regarding the validity of-

(i) a declaration made by Proclamation by the President to the effect
stated in clause (1); or

(ii) the continued operation of such Proclamation.".

6. Amendment of article 356.-In article 356 of the Constitution,
after clause (4), the following clause shall be inserted, and shall be
deemed always to have been inserted, namely:-

"(5) Notwithstanding anything in this Constitution, the satisfaction
of the President mentioned in clause (1) shall be final and conclusive
and shall not be questioned in any court on any ground.".

7. Amendment of article 359.-In article 359 of the Constitution,
after clause (1), the following clause shall be inserted, and shall be
deemed always to have been inserted, namely:-

"(1A) While an order made under clause (1) mentioning any of the right
conferred by Part III is in operation, nothing in that Part conferring
those rights shall restrict the power of the State as defined in the
said Part to make any law or to take any executive action which the
State would but for the provisions contained in that Part be competent
to make or to take, but any law so made shall, to the extent of the
incompetency, cease to have effect as soon as the order aforesaid
ceases to operate, except as respects things done or omitted to be
done before the law so ceases to have effect.".

8. Amendment of article 360.-In article 360 of the Constitution,
after clause (4), the following clause shall be inserted, and shall be
deemed always to have been inserted, namely:-

"(5) Notwithstanding anything in this Constitution,-

(a) the satisfaction of the President mentioned in clause (1) shall be
final and conclusive and shall not be questioned in any court on any
ground;

(b) subject to the provisions of clause (2), neither the Supreme Court
nor any other court shall have jurisdiction to entertain any question,
on any ground, regarding the validity of-

(i) a declaration made by Proclamation by the President to the effect
stated in clause (1); or

(ii) the continued operation of such Proclamation.".

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (THIRTY-NINTH AMENDMENT) ACT, 1975

Statement of Objects and Reasons appended to the Constitution
(Fortieth Amendment) Bill, 1975 which was enacted as
the Constitution (Thirty-ninth Amendment) Act, 1975

STATEMENT OF OBJECTS AND REASONS

Article 71 of the Constitution provides that disputes arising out of
the election of the President or Vice-President shall be decided by
the Supreme Court. The same article provides that matters relating to
their election shall be regulated by a parliamentary law. So far as
the Prime Minister and the Speaker are concerned, matters relating to
their election are regulated by the provisions of the Representation
of the People Act, 1951. Under this Act the High Court has
jurisdiction to try an election petition presented against either of
them.

2. The President, the Vice-President, the Prime Minister and the
Speaker are holders of high offices. The President is not answerable
to a court of law for anything done, while in office, in the exercise
of his powers. A fortiori matters relating to his election should not
be brought before a court of law but should be entrusted to a forum
other than a court. The same reasoning applies equally to the
incumbents of the offices of Vice-President, Prime Minister and
Speaker. It is accordingly proposed to provide that disputes relating
to the election of the President and Vice-President shall be
determined by a forum as may be determined by a parliamentary law.
Similar provision is proposed to be made in the case of the election
to either House of Parliament or, as the case may be, to the House of
the People of a person holding the office of Prime Minister or the
Speaker. It is further proposed to render pending proceedings in
respect of such election under the existing law null and void. The
Bill also provides that the parliamentary law creating a new forum for
trial of election matters relating to the incumbents of the high
offices abovementioned shall not be called in question in any court.

3. Recourse was had in the past to the Ninth Schedule whenever it was
found that progressive legislation conceived in the interests of the
public was imperilled by litigation. It has become necessary to have
recourse to this device once again now. Between 1971 and 1973
legislation was enacted for nationalising coking coal and coal mines
for conservating these resources in the interests of steel industry.
These enactments have been brought before courts on the ground that
they are unconstitutional. So is the case of sick textile
undertakings which were nationalised in 1974. To prevent smuggling of
goods and diversion of foreign exchange which affected national
economy Parliament enacted legislation which again has been challenged
in the Supreme Court and in High Courts. These and other important
and special enactments which it is considered necessary should have
the constitutional protection under article 31B, are proposed to be
included in the Ninth Schedule. Certain State legislations relating
to land reform and ceiling on agricultural land holdings have already
been included in the Ninth Schedule. Certain amendments made to these
legislations also require protection of the provisions of article 31B.

4. The Bill seeks to give effect to the above objects.

NEW DELHI; H. R. GOKHALE.

The 6th August, 1975.

THE CONSTITUTION (THIRTY-NINTH AMENDMENT) ACT, 1975

[10th August, 1975.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Twenty-sixth Year of the Republic of
India as follows:-

1. Short title.-This Act may be called the Constitution Thirty-ninth
Amendment) Act, 1975.

2. Substitution of new article for article 71.-For article 71 of the
Constitution, the following article shall be substituted, namely:-

"71. Matters relating to or connected with the election of a
President or Vice-President.-(1) Subject of the provisions of this
Constitution, Parliament may by law regulate any matter relating to or
connected with the election of a President or Vice-President,
including the grounds on which such election may be questioned:

Provided that the election of a person as President or Vice-President
shall not be called in question on the ground of the existence of any
vacancy for whatever reason among the members of the electoral college
electing him.

(2) All doubts and disputes arising out of or in connection with the
election of a President or Vice-President shall be inquired into and
decided by such authority or body and in such manner as may be
provided for by or under any law referred to in clause (1).

(3) The validity of any such law as is referred to in clause (1) and
the decision of any authority or body under such law shall not be
called in question in any court.

(4) If the election of a person as President or Vice-President is
declared void under any such law as is referred to in clause (1), acts
done by him in the exercise and performance of the powers and duties
of the office of President or Vice-President, as the case may be, on
or before the date of such declaration shall not be invalidated by
reason of that declaration.".

3. Amendment of article 329.-In article 329 of the Constitution, for
the words "Notwithstanding any thing in this Constitution", the words,
figures and letter "Notwithstanding anything in this Constitution but
subject to the provisions of article 329A" shall be substituted.

4. Insertion of new article 329A.-In Part XV of the Constitution,
after article 329, the following article shall be inserted, namely:-

"329A. Special provision as to elections to Parliament in the case of
Prime Minister and Speaker.-(1) Subject to the provisions of Chapter
II of Part V [except sub-clause (e) of clause (1) of article 102], no
election-

(a) to either House of Parliament of a person who holds the office of
Prime Minister at the time of such election or is appointed as Prime
Minister after such election;

(b) to the House of the People of a person who holds the office of
Speaker of that House at the time of such election or who is chosen
as the Speaker for that House after such election,

shall be called in question, except before such authority [not being
any such authority as is referred to in clause (b) of article 329] or
body and in such manner as may be provided for by or under any law
made by Parliament and any such law may provide for all other matters
relating to doubts and disputes in relation to such election including
the grounds on which such election may be questioned.

(2) The validity of any such law as is referred to in clause (1) and
the decision of any authority or body under such law shall not be
called in question in any court.

(3) Where any person is appointed as Prime Minister or, as the case
may be, chosen to the office of the Speaker of the House of the
People, while an election petition referred to in clause (b) of
article 329 in respect of his election to either House of Parliament
or, as the case may be, to the House of the People is pending, such
election petition shall abate upon such person being appointed as
Prime Minister or, as the case may be, being chosen to the office of
the Speaker of the House of the People, but such election may be
called in question under any such law as is referred to in clause (1).

(4) No law made by Parliament before the commencement of the
Constitution (Thirty-ninth Amendment) Act, 1975, in so far as it
relates to election petitions and matters connected therewith, shall
apply or shall be deemed ever to have applied to or in relation to the
election to any such person as is referred to in clause (1) to either
House of Parliament and such election shall not be deemed to be void
or ever to have become void on any ground on which such elction could
be declared to be void or has, before such commencement, been declared
to be void under any such law and notwithstanding any order made by
any court, before such commencement, declaring such elction to be
void, such election shall continue to be valid in all respects and any
such order and any finding on which such order is based shall be and
shall be deemed always to have been void and of no effect.

(5) Any appeal or cross appeal against any such order of any court as
is referred to in clause (4) pending immediately before the
commencement of the Constitution (Thirty-ninth Amendment) Act, 1975,
before the Supreme Court shall be disposed of in conformity with the
provisions of clause (4).

(6) The provisions of this article shall have effect notwithstanding
anything contained in this Constitution.".

5. Amendment of the Ninth Schedule.-In the Ninth Schedule to the
Constitution, after entry 86 and before the Explanation, the following
entries shall be inserted, namely:-

"87. The Representation of the People Act, 1951 (Central Act 43 of
1951), the Representation of the People (Amendment) Act, 1974 (Central
Act 58 of 1974) and the Election Laws (Amendment) Act, 1975 (Central
Act 40 of 1975).

88. The Industries (Development and Regulation) Act, 1951 (Central
Act 65 of 1951).

89. The Requisitioning and Acquisition of Immovable Property Act,
1952 (Central Act 30 of 1952).

90. The Mines and Minerals (Regulation and Development) Act, 1957
(Central Act 67 of 1957).

91. The Monopolies and Restrictive Trade Practices Act, 1969 (Central
Act 54 of 1969).

92. The Maintenance of Internal Security Act, 1971 (Central Act 26 of
1971).

93. The Coking Coal Mines (Emergency Provisions) Act, 1971 (Central
Act 64 of 1971).

94. The Coking Coal Mines (Nationalisation) Act, 1972 (Central Act
36 of 1972).

95. The General Insurance Business (Nationalisation) Act, 1972
(Central Act 57 of 1972).

96. The Indian Copper Corporation (Acquisition of Undertaking) Act,
1972 (Central Act 58 of 1972).

97. The Sick Textile Undertakings (Taking Over of Management)
Act, 1972 (Central Act 72 of 1972).

98. The Coal Mines (Taking Over of Management) Act, 1973 (Central Act
15 of 1973).

99. The Coal Mines (Nationalisation) Act, 1973 (Central Act
26 of 1973).

100. The Foreign Exchange Regulation Act, 1973 (Central Act 46 of
1973).

101. The Alcock Ashdown Company Limited (Acquisition of Under-
takings) Act, 1973 (Central Act 56 of 1973).

102. The Coal Mines (Conservation and Development) Act, 1974 (Central
Act 28 of 1974).

103. The Additional Emoluments (Compulsory Deposit) Act, 1974
(Central Act 37 of 1974).

104. The Conservation of Foreign Exchange and Prevention of Smuggling
Activities Act, 1974 (Central Act 52 of 1974).

105. The Sick Textile Undertakings (Nationalisation) Act, 1974
(Central Act 57 of 1974).

106. The Maharashtra Agricultural Lands (Ceiling on Holdings)
(Amendment) Act, 1964 (Maharashtra Act XVI of 1965).

107. The Maharashtra Agricultural Lands (Ceiling on Holdings)
(Amendment) Act, 1965 (Maharashtra Act XXXII of 1965.

108. The Maharashtra Agricultural Lands (Ceiling on Holdings)
(Amendment) Act, 1968 (Maharashtra Act XVI of 1968).

109. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Second
Amendment) Act, 1968 (Maharashtra Act XXXIII of 1968).

110. The Maharashtra Agricultural Lands (Ceiling on Holdings)
(Amendment) Act, 1969 (Maharashtra Act XXXVII of 1969).

111. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Second
Amendment) Act, 1969 (Maharashtra Act XXXVIII of 1969).

112. The Maharashtra Agricultural Lands (Ceiling on Holdings)
(Amendment) Act, 1970 (Maharashtra Act XXVII of 1970).

113. The Maharashtra Agricultural Lands (Ceiling on Holdings)
(Amendment) Act, 1972 (Maharashtra Act XIII of 1972).

114. The Maharashtra Agricultural Lands (Ceiling on Holdings)
(Amendment) Act, 1973 (Maharashtra Act L of 1973).

115. The Orissa Land Reforms (Amendment) Act, 1965 (Orissa Act 13 of
1965).

116. The Orissa Land Reforms (Amendment) Act, 1966 (Orissa Act 8 of
1967).

117. The Orissa Land Reforms (Amendment) Act, 1967 (Orissa Act 13 of
1967).

118. The Orissa Land Reforms (Amendment) Act, 1969 (Orissa Act 13 of
1969).

119. The Orissa Land Reforms (Amendment) Act, 1970 (Orissa Act 18
of 1970).

120. The Uttar Pradesh Imposition of Ceiling on Land Holdings
(Amendment) Act, 1972 (Uttar Pradesh Act 18 of 1973).

121. The Uttar Pradesh Imposition of Ceiling on Land Holdings
(Amendment) Act, 1974 (Uttar Pradesh Act 2 of 1975).

122. The Tripura Land Revenue and Land Reforms (Third Amendment Act,
1975 (Tripura Act 3 of 1975).

123. The Dadra and Nagar Haveli Land Reforms Regulation, 1971 (3 of
1971).

124. The Dadra and Nagar Haveli Land Reforms (Amendment) Regulation,
1973 (5 of 1973).".

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (FORTIETH AMENDMENT) ACT, 1976

Statement of Objects and Reasons appended to the Constitution
(Forty-second Amendment) Bill, 1976 which was enacted as
the Constitution (Fortieth Amendment) Act, 1976

STATEMENT OF OBJECTS AND REASONS

Under article 297 of the Constitution, all lands, minerals and other
things of value underlying the ocean within the territorial waters or
the continental shelf of India vest in the Union to be held for the
purposes of the Union. India has sovereign rights over the resources
of the exclusive economic zone and is entitled to exercise
jurisdiction in respect of certain other matters. It is proposed to
amend article 297 of the Constitution so as to provide that all lands,
minerals and other things of value underlying the ocean within the
exclusive economic zone of India and all other resources of the
exclusive economic zone of India shall also vest in the Union and be
held for the purposes of the Union. At present, the limits of
territorial waters and the continental shelf are determined by
Proclamation issued by the President. It is proposed that the limits
of the territorial waters, the continental shelf, the exclusive
economic zone and the maritime zones of India shall be as specified
from time to time by or under law made by Parliament.

2. Recourse was had in the past to the Ninth Schedule whenever it was
found that progressive legislation conceived in the interest of the
public was imperilled by litigation. Certain State legislations
relating to land reforms and ceiling on agricultural land holdings
have already been included in the Ninth Schedule. Certain amendments
made to these legislations also require protection of the provisions
of article 31B inasmuch as in many cases such enactments have been
challenged in courts and courts have granted interim reliefs which has
hampered the implementation of the national land reform policy.

3. Besides these Acts relating to land reforms certain State
enactments relating to private forests require protection of article
31B as these enactments are progressive and beneficial pieces of
legislation intended to and the monopoly of vested interests and
forest contractors. Some of such legislations have been challenged in
courts and as the courts have granted interim reliefs staying the
operation of these enactments, the State Governments have not been
able to implement these legislations.

4. Certain Central laws like the Smugglers and Foreign Exchange
Manipulators (Forfeiture of Property) Act, 1976, the Urban Land
(Ceiling and Regulation) Act, 1976, the Essential Commodities Act,
1955 and certain provisions of the Motor Vehicles Act, 1939 require
protection of article 31B. If these legislations are allowed to be
challenged in courts of law thereby delaying the implementation of
these laws, the vary purpose of enacting these laws would be
frustrated and the national economy may be severely affected. These
and other important and special enactments which it is considered
necessary should have the constitutional protection are proposed to be
included in the Ninth Schedule.

5. The Bill seeks to give effect to the above objects.

NEW DELHI; H. R. GOKHALE.

The 18th May, 1976.

THE CONSTITUTION (FORTIETH AMENDMENT) ACT, 1976

[27th May, 1976.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Twenty-seventh Year of the Republic
of India as follows:-

1. Short title.-This Act may be called the Constitution (Fortieth
Amendment) Act, 1976.

2. Substitution of new article for article 297.-For article 297 of
the Constitution, the following article shall be substituted, namely:-

"297. Things of value within territorial waters or continental shelf
and resources of the exclusive economic zone to vest in the Union.-
(1) All lands, minerals and other things of value underlying the ocean
within the territorial waters, or the continental shelf, or the
exclusive economic zone, of India shall vest in the Union and be held
for the purposes of the Union.

(2) All other resources of the exclusive economic zone of India shall
also vest in the Union and be held for the purposes of the Union.

(3) The limits of the territorial waters, the continental shelf, the
exclusive economic zone, and other maritime zones, of India shall be
such as may be specified, from time to time, by or under any law made
by Parliament.".

3. Amendment of the Ninth Schedule.-In the Ninth Schedule to the
Constitution, after entry 124 and before the Explanation, the
following entries shall be inserted, namely:-

"125. Section 66A and Chapter IVA of the Motor Vehicles Act, 1939
(Central Act 4 of 1939).

126. The Essential Commodities Act, 1955 (Central Act 10 of 1955).

127. The Smugglers and Foreign Exchange Manipulators (Forfeiture of
Property) Act, 1976 (Central Act 13 of 1976).

128. The Bonded Labour System (Abolition) Act, 1976 (Central Act 19
of 1976).

129. The Conservation of Foreign Exchange and Prevention of Smuggling
Activities (Amendment) Act, 1976 (Central Act 20 of 1976).

130. The Prevention of Publication of Objectionable Matter Act, 1976
(Central Act 27 of 1976).

131. The Levy Sugar Price Equalisation Fund Act, 1976 (Central Act 31
of 1976).

132. The Urban Land (Ceiling and Regulation) Act, 1976 (Central Act
33 of 1976).

133. The Departmentalisation of Union Accounts (Transfer of
Personnel) Act, 1976 (Central Act 59 of 1976).

134. The Assam Fixation of Ceiling on Land Holdings Act, 1956 (Assam
Act I of 1957).

135. The Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act,
1958 (Bombay Act XCIX of 1958).

136. The Gujarat Private Forests (Acquisition) Act, 1972 (Gujarat Act
14 of 1973).

137. The Haryana Ceiling on Land Holdings (Amendment) Act, 1976
(Haryana Act 17 of 1976).

138. The Himachal Pradesh Tenancy and Land Reforms Act, 1972
(Himachal Pradesh Act 8 of 1974).

139. The Himachal Pradesh Village Common Lands Vesting and
Utilisation Act, 1974 (Himachal Pradesh Act 18 of 1974).

140. The Karnataka Land Reforms (Second Amendment and Miscellaneous
Provisions) Act, 1974 (Karnataka Act 31 of 1974).

141. The Karnataka Land Reforms (Second Amendment) Act, 1976
(Karnataka Act 27 of 1976).

142. The Kerala Prevention of Eviction Act, 1966 (Kerala Act 12 of
1966).

143. The Thiruppuvaram Payment (Abolition) Act, 1969 (Kerala Act 19
of 1969).

144. The Sreepadam Lands Enfranchisement Act, 1969 (Kerala Act 20 of
1969).

145. The Sree Pandaravaka Lands (Vesting and Enfranchisement) Act,
1971 (Kerala Act 20 of 1971).

146. The Kerala Private Forests (Vesting and Assignment) Act, 1971
(Kerala Act 26 of 1971).

147. The Kerala Agricultural Workers Act, 1974 (Kerala Act 18 of
1974).

148. The Kerala Cashew Factories (Acquisition) Act, 1974 (Kerala Act
29 of 1974).

149. The Kerala Chitties Act, 1975 (Kerala Act 23 of 1975).

150. The Kerala Scheduled Tribes (Restriction on Transfer of Lands
and Restoration of Alienated Lands) Act, 1975 (Kerala Act 31 of 1975).

151. The Kerala Land Reforms (Amendment) Act, 1976 (Kerala Act 15 of
1976).

152. The Kanam Tenancy Abolition Act, 1976 (Kerala Act 16 of 1976).

153. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment)
Act, 1974 (Madhya Pradesh Act 20 of 1974).

154. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment)
Act, 1975 (Madhya Pradesh Act 2 of 1976).

155. The West Khandesh Mehwassi Estates (Proprietary Rights
Abolition, etc.) Regulation, 1961 (Maharashtra Regulation (1 of 1962).

156. The Maharashtra Restoration of Lands to Scheduled Tribes Act,
1974 (Maharashtra Act XIV of 1975).

157. The Maharashtra Agricultural Lands (Lowering of Ceiling on
Holdings) and (Amendment) Act, 1972 (Maharashtra Act XXI of 1975).

158. The Maharashtra Private Forests (Acquisition) Act, 1975
(Maharashtra Act XXIX of 1975).

159. The Maharashtra Agricultural Lands (Lowering of Ceiling on
Holdings) and (Amendment) Amendment Act, 1975 (Maharashtra Act XLVII
of 1975).

160. The Maharashtra Agricultural Lands (Ceiling on Holdings)
(Amendment) Act, 1975 (Maharashtra Act II of 1976).

161. The Orissa Estates Abolition Act, 1951 (Orissa Act I of 1952).

162. The Rajasthan Colonisation Act, 1954 (Rajasthan Act XXVII of
1954).

163. The Rajasthan Land Reforms and Acquisition of Land-owners'
Estates Act, 1963 (Rajasthan Act 11 of 1964).

164. The Rajasthan Imposition of Ceiling on Agricultural Holdings
(Amendment) Act, 1976 (Rajasthan Act 8 of 1976).

165. The Rajasthan Tenancy (Amendment) Act, 1976 (Rajasthan Act 12 of
1976).

166. The Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act,
1970 (Tamil Nadu Act 17 of 1970).

167. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)
Amendment Act, 1971 (Tamil Nadu Act 41 of 1971).

168. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)
Amendment Act, 1972 (Tamil Nadu Act 10 of 1972).

169. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second
Amendment Act, 1972 (Tamil Nadu Act 20 of 1972).

170. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Third
Amendment Act, 1972 (Tamil Nadu Act 37 of 1972).

171. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fourth
Amendment Act, 1972 (Tamil Nadu Act 39 of 1972).

172. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Sixth
Amendment Act, 1972 (Tamil Nadu Act 7 of 1974).

173. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fifth
Amendment Act, 1972 (Tamil Nadu Act 10 of 1974).

174. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)
Amendment Act, 1974 (Tamil Nadu Act 15 of 1974).

175. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Third
Amendment Act, 1974 (Tamil Nadu Act 30 of 1974).

176. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second
Amendment Act, 1974 (Tamil Nadu Act 32 of 1974).

177. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)
Amendment Act, 1975 (Tamil Nadu Act 11 of 1975).

178. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second
Amendment Act, 1975 (Tamil Nadu Act 21 of 1975).

179. Amendments made to the Uttar Pradesh Zamindari Abolition and
Land Reforms Act, 1950 (Uttar Pradesh Act I of 1951) by the Uttar
Pradesh Land Laws (Amendment) Act, 1971 (Uttar Pradesh Act 21 of 1971)
and the Uttar Pradesh Land Laws (Amendment) Act, 1974 (Uttar Pradesh
Act 34 of 1974).

180. The Uttar Pradesh Imposition of Ceiling on Land Holdings
(Amendment) Act, 1976 (Uttar Pradesh Act 20 of 1976).

181. The West Bengal Land Reforms (Second Amendment) Act, 1972 (West
Bengal Act XXVIII of 1972).

182. The West Bengal Restoration of Alienated Land Act, 1973 (West
Bengal Act XXIII of 1973).

183. The West Bengal Land Reforms (Amendment) Act, 1974 (West Bengal
Act XXXIII of 1974).

184. The West Bengal Land Reforms (Amendment) Act 1975 (West Bengal
Act XXIII of 1975).

185. The West Bengal Land Reforms (Amendment) Act, 1976 (West Bengal
Act XII of 1976).

186. The Delhi Land Holdings (Ceiling) Amendment Act, 1976 (Central
Act 15 of 1976).

187. The Goa, Daman and Diu Mundkars (Protection from Eviction) Act,
1975 (Goa, Daman and Diu Act 1 of 1976).

188. The Pondicherry Land Reforms (Fixation of Ceiling on Land) Act,
1973 (Pondicherry Act 9 of 1974).".

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (FORTY-FIRST AMENDMENT) ACT, 1976

Statement of Objects and Reasons appended to the Constitution
(Forty-third Amendment) Bill, 1976 which was enacted as
the Constitution (Forty-first Amendment) Act, 1976

STATEMENT OF OBJECTS AND REASONS

Article 316(2) of the Constitution provides that the Chairman and
Members of a State Public Service Commission or Joint Commission shall
retire at 60 or hold office for a term of six years from the date on
which they enter service, whichever is earlier. This was the position
when the Constitution came into force. Subsequently, while the age of
retirement of the High Court Judges was raised to 62, that of the
Chairman and the Members of the State Public Service Commissions
remained unchanged.

The same article provides that one-half of the members of every Public
Service Commission shall be employees of the Government of India or
the Government of a State. The age of retirement of Government
employees was 55 originally but was later raised to 58 in the case of
All-India Services, Central Government servants and the Government
servants of several States. Membership of the Commission is no
attraction, therefore, to them, as they will have only two years to
serve on the Commission which position is not desirable from the point
of view of the efficient functioning of the Commission.

Academicians like University Professors are eligible for appointment
to the State Public Service Commissions. The age of retirement of
University Professors has been recently raised to 60. It will not be
attractive for these academicians to serve on a Public Service
Commission if the age of retirement remains sixty. The
Chairman/Members of a State Public Service Commission are forbidden to
serve under the Government of India or a State Government after
retirement. Consequently, no eminent academician will be eager to
accept appointment on the Commission unless the age of retirement is
raised to 62.

The proposal is to raise the age of retirement of the Chairman and
Members of the State Public Service Commissions to 62. The Bill seeks
to give effect to this proposal.

NEW DELHI; OM MEHTA.

The 18th August, 1976.

Statement of Objects and Reasons appended to the Constitution
(Forty-third Amendment) Bill, 1976 which was enacted as
the Constitution (Forty-first Amendment) Act, 1976

STATEMENT OF OBJECTS AND REASONS

Article 316(2) of the Constitution provides that the Chairman and
Members of a State Public Service Commission or Joint Commission shall
retire at 60 or hold office for a term of six years from the date on
which they enter service, whichever is earlier. This was the position
when the Constitution came into force. Subsequently, while the age of
retirement of the High Court Judges was raised to 62, that of the
Chairman and the Members of the State Public Service Commissions
remained unchanged.

The same article provides that one-half of the members of every Public
Service Commission shall be employees of the Government of India or
the Government of a State. The age of retirement of Government
employees was 55 originally but was later raised to 58 in the case of
All-India Services, Central Government servants and the Government
servants of several States. Membership of the Commission is no
attraction, therefore, to them, as they will have only two years to
serve on the Commission which position is not desirable from the point
of view of the efficient functioning of the Commission.

Academicians like University Professors are eligible for appointment
to the State Public Service Commissions. The age of retirement of
University Professors has been recently raised to 60. It will not be
attractive for these academicians to serve on a Public Service
Commission if the age of retirement remains sixty. The
Chairman/Members of a State Public Service Commission are forbidden to
serve under the Government of India or a State Government after
retirement. Consequently, no eminent academician will be eager to
accept appointment on the Commission unless the age of retirement is
raised to 62.

The proposal is to raise the age of retirement of the Chairman and
Members of the State Public Service Commissions to 62. The Bill seeks
to give effect to this proposal.

NEW DELHI; OM MEHTA.

The 18th August, 1976.

THE CONSTITUTION (FORTY-FIRST AMENDMENT) ACT, 1976

[7th September, 1976.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Twenty-seventh Year of the
Republic of India as follows:-

1. Short title.-This Act may be called the Constitution (Forty-first
Amendment) Act, 1976.

2. Amendment of article 316.-In article 316 of the Constitution, in
clause (2), for the words "sixty years", the words "sixty-two years"
shall be substituted.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (FORTY-SECOND AMENDMENT) ACT, 1976

Statement of Objects and Reasons appended to the Constitution
(Forty-fourth Amendment) Bill, 1976 (Bill No. 91 of 1976) which was
enacted as THE CONSTITUTION (Forty-second Amendment) Act, 1976

STATEMENT OF OBJECTS AND REASONS

A Constitution to be living must be growing. If the impediments to
the growth of the Constitution are not removed, the Constitution will
suffer a virtual atrophy. The question of amending the Constitution
for removing the difficulties which have arisen in achieving the
objective of socio-economic revolution, which would end poverty and
ignorance and disease and inequality of opportunity, has been engaging
the active attention of Government and the public for some years now.

2. The democratic institutions provided in the Constitution are
basically sound and the path for progress does not lie in denigrating
any of these institutions. However, there could be no denial that
these institutions have been subjected to considerable stresses and
strains and that vested interests have been trying to promote their
selfish ends to the great detriment of public good.

3. It is, therefore, proposed to amend the Constitution to spell out
expressly the high ideals of socialism, secularism and the integrity
of the nation, to make the directive principles more comprehensive and
give them precedence over those fundamental rights which have been
allowed to be relied upon to frustrate socio-economic reforms for
implementing the directive principles. It is also proposed to specify
the fundamental duties of the citizens and make special provisions for
dealing with anti-national activities, whether by individuals or
associations.

4. Parliament and the State Legislatures embody the will of the
people and the essence of democracy is that the will of the people
should prevail. Even though article 368 of the Constitution is clear
and categoric with regard to the all inclusive nature of the amending
power, it is considered necessary to put the matter beyond doubt. It
is proposed to strengthen the presumption in favour of the
constitutionality of legislation enacted by Parliament and State
Legislatures by providing for a requirements as to the minimum number
of Judges for determining questions as to the constitutionality of
laws and for a special majority of not less than two-thirds for
declaring any law to be constitutionally invalid. It is also proposed
to take away the jurisdiction of High Courts with regard to
determination of Constitutional validity of Central laws and confer
exclusive jurisdiction in this behalf on the Supreme Court so as to
avoid multiplicity of proceedings with regard to validity of the same
Central law in different High Courts and the consequent possibility of
the Central law being valid in one State and invalid in another State.

5. To reduce the mounting arrears in High Courts and to secure the
speedy disposal of service matters, revenue matters and certain other
matters of special importance in the context of the socio-economic
development and progress, it is considered expedient to provide for
administrative and other tribunals for dealing with such matters while
preserving the jurisdiction of the Supreme Court in regard to such
matters under article 136 of the Constitution. It is also necessary
to make certain modifications in the writ jurisdiction of the High
Courts under article 226.

6. It is proposed to avail of the present opportunity to make certain
other amendments which have become necessary in the light of the
working of the Constitution.

7. The various amendments proposed in the Bill have been explained in
the notes on clauses.

8. The Bill seeks to achieve the above objects.

NEW DELHI; H. R. GOKHALE.

The 28th August, 1976.

THE CONSTITUTION (FORTY-SECOND AMENDMENT) ACT, 1976

------
ARRANGEMENT OF SECTIONS

--------

SECTIONS

1. Short title and commencement.

2. Amendment of the Preamble.

3. Insertion of new sub-heading after article 31.

4. Amendment of article 31C.

5. Insertion of new article 31D.

6. Insertion of new article 32A.

7. Amendment of article 39.

8. Insertion of new article 39A.

9. Insertion of new article 43A.

10. Insertion of new article 48A.

11. Insertion of new Part IVA.

12. Amendment of article 55.

13. Amendment of article 74.

14. Amendment of article 77.

15. Amendment of article 81.

16. Amendment of article 82.

17. Amendment of article 83.

18. Amendment of article 100.

19. Amendment of article 102.

20. Substitution of new article for article 103.

21. Amendment of article 105.

22. Amendment of article 118.

23. Insertion of new article 131A.

24. Insertion of new article 139A.

25. Insertion of new article 144A.

26. Amendment of article 145.

27. Substitution of new article for article 150.

28. Amendment of article 166.

29. Amendment of article 170.

30. Amendment of article 172.

31. Amendment of article 189.

32. Amendment of article 191.

33. Substitution of new article for article 192.

34. Amendment of article 194.

35. Amendment of article 208.

36. Amendment of article 217.

37. Amendment of article 225.

38. Substitution of new article for article 226.

39. Insertion of new article 226A.

40. Amendment of article 227.

41. Amendment of article 228.

42. Insertion of new article 228A.

43. Insertion of new article 257A.

44. Amendment of article 311.

45. Amendment of article 312.

46. Insertion of new Part XIVA.

47. Amendment of article 330.

48. Amendment of article 352.

49. Amendment of article 353.

50. Amendment of article 356.

51. Amendment of article 357.

52. Amendment of article 358.

53. Amendment of article 359.

54. Amendment of article 366.

55. Amendment of article 368.

56. Amendment of article 371F.

57. Amendment of the Seventh Schedule.

58. Special provisons as to pending petitions under article 226.

59. Power of the President to remove difficulties.

~
THE CONSTITUTION (FORTY-SECOND AMENDMENT) ACT, 1976

[18th December, 1976.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Twenty-seventh Year of the Republic
of India as follows:-

1. Short title and commencement.- (1) This Act may be called the
Constitution (Forty-second Amendment) Act, 1976.

(2) It shall come into force on such date as the Central Government
may, by notification in the Official Gazette, appoint and different
dates may be appointed for different provisions of this Act.

2. Amendment of the Preamble.- In the Preamble to the Constitution,-

(a) for the words "SOVEREIGN DEMOCRATIC REPUBLIC" the words "SOVEREIGN
SOCIALIST SECULAR DEMOCRATIC REPUBLIC" shall be substituted; and

(b) for the words "unity of the Nation", the words "unity and
integrity of the Nation" shall be substituted.

3. Insertion of new sub-heading after article 31.-After article 31 of
the Constitution, the following sub-heading shall be inserted,
namely:---

"Saving of Certain Laws"

4. Amendment of article 31C.-In article 31C of the Constitution, for
the words, brackets, letters and figures "the principles specified in
clause (b) or clause (c) of article 39", the words and figures "all or
any of the principles laid down in Part IV" shall be substituted.

5. Insertion of new article 31D.-After article 31C of the
Constitution and before the sub-heading "Right to Constitutional
Remedies", the following article shall be inserted, namely:---

`31D. Saving of laws in respect of anti-national activities.- (1)
Notwithstanding anything contained in article 13, no law providing
for-

(a) the prevention or prohibition of anti-national activities; or

(b) the prevention of formation of, or the prohibition of,
anti-national associations,

shall be deemed to be void on the ground that it is inconsistent with,
or takes away or abridges any of the rights conferred by, article
14, article 19 or article 31.

(2) Notwithstanding anything in this Constitution, Parliament shall
have, and the Legislature of a State shall not have, power to make
laws with respect to any of the matters referred to in sub-clause (a)
or sub-clause (b) of clause (1).

(3) Any law with respect to any matter referred to in sub-clause (a)
or sub-clause (b) of clause (1) which is in force immediately before
the commencement of section 5 of the Constitution (Forty-second
Amendment) Act, 1976, shall continue in force until altered or
repealed or amended by Parliament.

(4) In this article,-

(a) "association" means an association of persons;

(b) "anti-national activity", in relation to an individual or
association, means any action taken by such individual or
association-

(i) which is intended, or which supports any claim, to bring about, on
any ground whatsoever, the cession of a part of the territory of India
or the secession of a part of the territory of India or which incities
any individual or association to bring about such cession or
secession;

(ii) which disclaims, questions, threatens, disrupts or is intended to
threaten or disrupt the sovereignty and integrity of India or the
security of the State or the unity of the nation;

(iii) which is intended, or which is part of a scheme which is
intended, to overthrow by force the Government as by law established;

(iv) which is intended, or which is part of a scheme which is
intended, to create internal disturbance or the disruption of public
services;

(v) which is intended, or which is part of a scheme which is intended,
to threaten or disrupt harmony between different religious, racial,
language or regional groups or castes or communities;

(c) "anti-national association" means an association---

(i) which has for its object any anti-national activity;

(ii) which encourages or aids persons to undertake or engage in any
anti-national activity;

(iii) the members whereof undertake or engage in any anti-national
activity.'.

6. Insertion of new article 32A.-After article 32 of
the Constitution, the following article shall be inserted, namely:-

"32A. Constitutional validity of State laws not to be considered in
proceedings under article 32.-Notwithstanding anything in article 32,
the Supreme Court shall not consider the constitutional validity of
any State law in any proceedings under that article unless the
constitutional validity of any Central law is also in issue in such
proceedings.".

7. Amendment of article 39.-In article 39 of the Constitution, for
clause (f), the following clause shall be substituted, namely:-

"(f) that children are given opportunities and facilities to develop
in a healthy manner and in conditions of freedom and dignity and that
childhood and youth are protected against exploitation and against
moral and material abandonment.".

8. Insertion of new article 39A.-After article 39 of the
Constitution, the following article shall be inserted, namely:---

"39A. Equal justice and free legal aid.-The State shall secure that
the operation of the legal system promotes justice, on a basis of
equal opportunity, and shall, in particular, provide free legal aid,
by suitable legislation or schemes or in any other way, to ensure that
opportunities for securing justice are not denied to any citizen by
reason of economic or other disabilities.".

9. Insertion of new article 43A.-After article 43 of the
Constitution, the following article shall be inserted, namely:---

"43A. Participation of workers in management of industries.-The State
shall take steps, by suitable legislation or in any other way, to
secure the participation of workers in the management of undertakings,
establishments or other organisations engaged in any industry.".

10. Insertion of new article 48A.-After article 48 of the
Constitution, the following article shall be inserted, namely:---

"48A. Protection and improvement of environment and safeguarding of
forests and wild life.-The State shall endeavour to protect and
improve the environment and to safeguard the forests and wild life of
the country.".

Insertion of new Part IVA.

11. Insertion of new Part IVA.-After Part IV of the Constitution, the
following Part shall be inserted, namely:-

"PART IVA

FUNDAMENTAL DUTIES

51A. Fundamental duties.-It shall be the duty of every citizen of
India---

(a) to abide by the Constitution and respect its ideals and
institutions, the National Flag and the National Anthem;

(b) to cherish and follow the noble ideals which inspired our national
struggle for freedom;

(c) to uphold and protect the sovereignty, unity and integrity of
India;

(d) to defend the country and render national service when called upon
to do so;

(e) to promote harmony and the sprit of common brotherhood amongst all
the people of India transcending religious, linguistic and regional or
sectional diversities; to renounce practices derogatory to the
dignity of women;

(f) to value and preserve the rich heritage of our composite culture;

(g) to protect and improve the natural environment including forests,
lakes, rivers and wild life, and to have compassion for living
creatures;

(h) to develop the scientific temper, humanism and the sprit of
inquiry and reform;

(i) to safeguard public property and to abjure violence;

(j) to strive towards excellence in all spheres of individual and
collective activity so that the nation constantly rises to higher
levels of endeavour and achievement.".

12. Amendment of article 55.-In article 55 of the Constitution, for
the Explanation, the following Explanation shall be substituted,
namely:-

`Explanation.-In this article, the expression "population" means the
population as ascertained at the last preceding census of which the
relevant figures have been published:

Provided that the reference in this Explanation to the last preceding
census of which the relevant figures have been published shall, until
the relevant figures for the first census taken after the year 2000
have been published, be construed as a reference to the 1971 census.'.

13. Amendment of article 74.-In article 74 of the Constitution, for
clause (1), the following clause shall be substituted, namely:-

"(1) There shall be a Council of Ministers with the Prime Minister at
the head to aid and advise the President who shall, in the exercise of
his functions, act in accordance with such advice.".

14. Amendment of article 77.-In article 77 of the Constitution, after
clause (3), the following clause shall be inserted, namely:-

"(4) No court or other authority shall be entitled to require the
production of any rules made under clause (3) for the more convenient
transaction of the business of the Government of India.".

15. Amendment of article 81.-In article 81 of the Constitution, to
clause (3), the following proviso shall be added, namely:-

"Provided that the reference in this clause to the last preceding
census of which the relevant figures have been published shall, until
the relevant figures for the first census taken after the year 2000
have been published, be construed as a reference to the 1971 census.".

16. Amendment of article 82.-In article 82 of the Constitution, after
the proviso, the following provisos shall be inserted, namely:---

"Provided further that such readjustment shall take effect from such
date as the President may, by order, specify and until such
readjustment takes effect, any election to the House may be held on
the basis of the territorial constituencies existing before such
readjustment:

Provided also that until the relevant figures for the first census
taken after the year 2000 have been published, it shall not be
necessary to readjust the allocation of seats in the House of the
People to the States and the division of each State into territorial
constituencies under this article.".

17. Amendment of article 83.-(1) In article 83 of the Constitution,
in clause (2), for the words "five years" in the two places where they
occur, the words "six years" shall be substituted.

(2) The amendments made by sub-section (1) to clause (2) of article 83
shall apply also to the House of the People in existence on the date
of coming into force of this section without prejudice to the power of
Parliament with respect to the extension of the duration of that House
under the proviso to that clause.

18. Amendment of article 100.-In article 100 of the Constitution,
clauses (3) and (4) shall be omitted.

19. Amendment of article 102.-In article 102 of the Constitution, for
sub-clause (a) of clause (1), the following sub-clause shall be
substituted, namely:-

"(a) if he holds any such office of profit under the Government of
India or the Government of any State as is declared by Parliament by
law to disqualify its holder;".

20. Substitution of new article for article 103.-For article 103 of
the Constitution, the following article shall be substituted,
namely:-

"103. Decision on questions as to disqualification.-(1) If
any question arises-

(a) as to whether a member of either House of Parliament has become
subject to any of the disqualifications mentioned in clause (1) of
article 102, or

(b) as to whether a person, found guilty of a corrupt practice at an
election to a House of Parliament under any law made by Parliament,
shall be disqualified for being chosen as, and for being, a member of
either House of Parliament, or of a House of the Legislature of a
State, or as to the period for which he shall be so disqualified, or
as to the removal of, or the reduction of the period of, such
disqualification,

the question shall be referred for the decision of the President and
his decision shall be final.

(2) Before giving any decision on any such question, the President
shall consult the Election Commission and the Election Commission may,
for this purpose, make such inquiry as it thinks fit.".

21. Amendment of article 105.-In article 105 of the Constitution, for
clause (3), the following clause shall be substituted, namely:-

"(3) In other respects, the powers, privileges and immunities of each
House of Parliament, and of the members and the committees of each
House, shall be those of that House, and of its members and
committees, at the commencement of section 21 of the Constitution
(Forty-second Amendment) Act, 1976, and as may be evolved by such
House of Parliament from time to time.".

22. Amendment of article 118.-In article 118 of the Constitution, in
clause (1), after the words "its procedure", the brackets and words
"(including the quorum to constitute a meeting of the House)" shall be
inserted.

23. Insertion of new article 131A.-After article 131 of the
Constitution, the following article shall be inserted, namely:-

"131A. Exclusive jurisdiction of the Supreme Court in regard to
questions as to Constitutional validity of Central laws.- (1)
Notwithstanding anything contained in any other provision of this
Constitution, the Supreme Court shall, to the exclusion of any other
court, have jurisdiction to determine all questions relating to the
constitutional validity of any Central law.

(2) Where a High Court is satisfied-

(a) that a case pending before it or before a court subordinate to it
involves questions as to the constitutional validity of any Central
law or, as the case may be, of both Central and State laws; and

(b) that the determination of such questions is necessary for the
disposal of the case,

the High Court shall refer the questions for the decision of the
Supreme Court.

(3) Without prejudice to the provisions of clause (2), where, on an
application made by the Attorney-General of India, the Supreme Court
is satisfied,-

(a) that a case pending before a High Court or before a court
subordinate to a High Court involves questions as to the
constitutional validity of any Central law or, as the case may be, of
both Central and State laws; and

(b) that the determination of such questions is necessary for the
disposal of the case,

the Supreme Court may require the High Court to refer the questions to
it for its decision.

(4) When a reference is made under clause (2) or clause (3), the High
Court shall stay all proceedings in respect of the case until the
Supreme Court decides the questions so referred.

(5) The Supreme Court shall, after giving the parties an opportunity
of being heard, decide the questions so referred, and may---

(a) either dispose of the case itself; or

(b) return the case to the High Court together with a copy of its
judgment on such questions for disposal of the case in conformity with
such judgment by the High Court or, as the case may be, the court
subordinate to it.".

24. Insertion of new article 139A.-After article 139 of the
Constitution, the following article shall be inserted, namely:-

"139A. Transfer of certain cases.-(1) If, on an application made by
the Attorney-General of India, the Supreme Court is satisfied that
cases involving the same or substantially the same questions of law
are pending before it and one or more High Courts or before two or
more High Courts and that such questions are substantial questions of
general importance, the Supreme Court may withdraw the case or cases
pending before the High Court or the High Courts and dispose of all
the cases itself.

(2) The Supreme Court may, if it deems it expedient so to do for the
ends of justice, transfer any case, appeal or other proceedings
pending before any High Court to any other High Court.".

25. Insertion of new article 144A.-After article 144 of
the Constitution, the following article shall be inserted, namely:-

"144A. Special provisions as to disposal of questions relating to
constitutional validity of laws.-(1) The minimum number of Judges of
the Supreme Court who shall sit for the purpose of determining any
question as to the constitutional validity of any Central law or State
law shall be seven.

(2) A Central law or a State law shall not be declared to be
constitutionally invalid by the Supreme Court unless a majority of not
less than two-thirds of the Judges sitting for the purpose of
determining the question as to the constitutional validity of such law
hold it to be constitutionally invalid.".

26. Amendment of article 145.-In article 145 of the Constitution,-

(a) in clause (1), after sub-clause (c), the following sub-clause
shall be inserted, namely:-

"(cc) rules as to the proceedings in the Court under articles 131A and
139A;";

(b) in clause (2), for the words, brackets and figure "provisions of
clause (3)" the words, figures, letter and brackets "provisions of
article 144A and of clause (3)" shall be substituted;

(c) in clause (3), for the words "The minimum number", the words,
figures and letter "Subject to the provisions of article 144A, the
minimum number" shall be substituted.

27. Substitution of new article for article 150.-For article 150 of
the Constitution, the following article shall be substituted,
namely:-

"150. Form of accounts of the Union and of the States.-The accounts
of the Union and of the States shall be kept in such form as the
President may, after consultation with the Comptroller and
Autitor-General of India, prescribe.".

28. Amendment of article 166.-In article 166 of the Constitution,
after clause (3), the following clause shall be inserted, namely:-

"(4) No court or other authority shall be entitled to require the
production of any rules made under clause (3) for the more convenient
transaction of the business of the Government of the State.".

29. Amendment of article 170.-In article 170 of the Constitution,-

(a) in clause (2), for the Explanation, the following Explanation
shall be substituted, namely:-

'Explanation.-In this clause, the expression "population" means the
population as ascertained at the last preceding census of which the
relevant figures have been published:

Provided that the reference in this Explanation to the last preceding
census of which the relevant figures have been published shall, until
the relevant figures for the first census taken after the year 2000
have been published, be construed as a reference to the 1971 census.'.

(b) in clause (3), after the proviso, the following provisos shall be
inserted, namely:-

"Provided further that such readjustment shall take effect from such
date as the President may, by order, specify and until such
readjustment takes effect, any election to the Legislative Assembly
may be held on the basis of the territorial constituencies existing
before such readjustment:

Provided also that until the relevant figures for the first census
taken after the year 2000 have been published, it shall not be
necessary to readjust the total number of seats in the Legislative
Assembly of each State and the division of such State into territorial
constituencies under this clause.".

30. Amendment of article 172.-(1) In article 172 of the Constitution,
in clause (1), for the words "five years" in the two places where they
occur, the words "six years" shall be substituted.

(2) The amendments made by sub-section (1) to clause (1) of article
172 shall apply also to every Legislative Assembly (including the
Legislative Assembly of the State of Kerala) in existence on the date
of coming in to force of this section without prejudice to the power
of Parliament with respect to the extension of the duration of such
Assembly under the proviso to that clause.

31. Amendment of article 189.-In article 189 of the Constitution,
clauses (3) and (4) shall be omitted.

32. Amendment of article 191.-In article 191 of the Constitution, for
sub-clause (a) of clause (1), the following sub-clause shall be
substituted, namely:-

"(a) if he holds any such office of profit under the Government of
India or the Government of any State specified in the First Schedule
as is declared by Parliament by law to disqualify its holder;".

33. Substitution of new article for article 192.-For article 192 of
the Constitution, the following article shall be substituted,
namely:-

192. Decision on questions as to disqualification.-(1) If any
question arises-

(a) as to whether a member of a House of the Legislature of a State
has become subject to any of the disqualifications mentioned in clause
(1) of article 191, or

(b) as to whether a person, found guilty of a corrupt practice at an
election to a House of the Legislature of a State under any law made
by Parliament, shall be disqualified for being chosen as, and for
being a member of either House of Parliament or of a House of the
Legislature of a State, or as to the period for which he shall be so
disqualified, or as to the removal of, or the reduction of the period
of, such disqualification,

the question shall be referred for the decision of the President and
his decision shall be final.

(2) Before giving any decision on any such question, the President
shall consult the Election Commission and the Election Commission may,
for this purpose, make such inquiry as it thinks fit.".

34. Amendment of article 194.-In article 194 of the Constitution, for
clause (3), the following clause shall be substituted, namely:-

"(3) In other respects, the powers, privileges and immunities of a
House of the Legislature of a State, and of the members and the
committees of a House of such Legislature, shall be those of that
House, and of its members and Committees, at the commencement of
section 34 of THE CONSTITUTION (Forty-second Amendment) Act, 1976, and
as may be evolved by such House of the Legislature of a State, so far
as may be, in accordance with those of the House of the People, and of
its members and committees where such House is the Legislative
Assembly and in accordance with those of the Council of States, and of
its members and committees where such House is the Legislative
Council.".

35. Amendment of article 208.-In article 208 of the Constitution, in
clause (1), after the words "its procedure", the brackets and words
"(including the quorum to constitute a meeting of the House)" shall be
inserted.

36. Amendment of article 217.-In article 217 of the Constitution, in
clause (2),-

(a) in sub-clause (b), the word "or" shall be inserted at the end;

(b) after sub-clause (b), the following sub-clause shall be inserted,
namely:-

"(c) is, in the opinion of the President, a distinguished jurist.";

(c) in the Explanation, in clause (a), for the words "has held
judicial office", the words "has held judicial office or the office of
a member of a tribunal or any post, under the Union or a State,
requiring special knowledge of law" shall be substituted.

37. Amendment of article 225.-In article 225 of the Constitution, the
proviso shall be omitted.

38. Substitution of new article for article 226.-For article 226 of
the Constitution, the following article shall be substituted, namely:-

"226. Power of High Courts to issue certain writs.- (1)
Notwithstanding anything in article 32 but subject to the provisions
of article 131A and article 226A, every High Court shall have power,
throughout the territories in relation to which it exercises
jurisdiction, to issue to any person or authority, including in
appropriate cases, any Government, within those territories
directions, orders or writs, including writs in the nature of habeas
corpus, mandamus, prohibition, quo warranto and certiorari, or any of
them,-

(a) for the enforcement of any of the rights conferred by the
provisions of Part III; or

(b) for the redress of any injury of a substantial nature by reason of
the contravention of any other provision of this Constitution or any
provision of any enactment or Ordinance or any order, rule,
regulation, bye-law or other instrument made thereunder; or

(c) for the redress of any injury by reason of any illegality in any
proceedings by or before any authority under any provision referred to
in sub-clause (b) where such illegality has resulted in substantial
failure of justice.

(2) The power conferred by clause (1) to issue directions, orders or
writs to any Government, authority or person may also be exercised by
any High Court exercising jurisdiction in relation to the territories
within which the cause of action, wholly or in part, arises for the
exercise of such power, notwithstanding that the seat of such
Government or authority or the residence of such person is not within
those territories.

(3) No petition for the redress of any injury referred to in
sub-clause (b) or sub-clause (c) of clause (1) shall be entertained if
any other remedy for such redress is provided for by or under any
other law for the time being in force.

(4) No interim order (whether by way of injunction or stay or in any
other manner) shall be made on, or in any proceedings relating to, a
petition under clause (1) unless-

(a) copies of such petition and of all documents in support of the
plea for such interim order are furnished to the party against whom
such petition is filed or proposed to be filed; and

(b) opportunity is given to such party to be heard in the matter.

(5) The High Court may dispense with the requirements of sub-clauses
(a) and (b) of clause (4) and make an interim order as an exceptional
measure if it is satisfied for reasons to be record in writing that it
is necessary so to do for preventing any loss being caused to the
petitioner which cannot be adequately compensated in money but any
such interim order shall, if it is not vacated earlier, cease to have
effect on the expiry of a period of fourteen days from the date on
which it is made unless the said requirements have been complied with
before the expiry of that period and the High Court has continued the
operation of the interim order.

(6) Notwithstanding anything in clause (4) or clause (5), no interim
order (whether by way of injunction or stay or in any other manner)
shall be made on, or in any proceedings relating to, a petition under
clause (1) where such order will have the effect of delaying any
inquiry into a matter of public importance or any investigation or
inquiry into an offence punishable with imprisonment or any action for
the execution of any work or project of public utility, or the
acquisition of any property for such execution, by the Government or
any corporation owned or controlled by the Government.

(7) The power conferred on a High Court by this article shall not be
in derogation of the power conferred on the Supreme Court by clause
(2) of article 32.".

39. Insertion of new article 226A.-After article 226 of the
Constitution, the following article shall be inserted, namely:-

"226A. Constitutional validity of Central laws not to be considered
in proceedings under article 226.-Notwithstanding anything in article
226, the High Court shall not consider the constitutional validity of
any Central law in any proceedings under that article.".

40. Amendment of article 227.-In article 227 of the
Constitution,-

(a) for clause (1), the following clause shall be substituted,
namely:-

"(1) Every High Court shall have superintendence over all courts
subject to its appellate jurisdiction.";

(b) after clause (4), the following clause shall be inserted,
namely:---

"(5) Nothing in this article shall be construed as giving to a High
Court any jurisdiction to question any judgment of any inferior court
which is not otherwise subject to appeal or revision.".

41. Amendment of article 228.-In article 228 of the Constitution, for
the words "it shall withdraw the case and may---", the words, figures
and letter "it shall withdraw the case and, subject to the provisions
of article 131A, may---" shall be substituted.

42. Insertion of new article 228A.- After article 228 of
the Constitution, the following article shall be inserted, namely:-

"228A. Special provisions as to disposal of questions relating to
constitutional validity of State laws.-(1) No High Court shall have
jurisdiction to declare any Central law to be constitutionally
invalid.

(2) Subject to the provisions of article 131A, the High Court
may determine all questions relating to the constitutional validity of
any State law.

(3) The minimum number of Judges who shall sit for the purpose of
determining any question as to the constitutional validity of any
State law shall be five:

Provided that where the High Court consists of less than five Judges,
all the Judges of the High Court may sit and determine such question.

(4) A State law shall not be declared to be constitutionally invalid
by the High Court unless-

(a) where the High Court consists of five Judges or more, not less
than two-thirds of the Judges sitting for the purpose of determining
the validity of such law, hold it to be constitutionally invalid; and

(b) where the High Court consists of less than five Judges, all the
Judges of the High Court sitting for the purpose hold it to be
constitutionally invalid.

(5) The provisions of this article shall have effect notwithstanding
anything contained in this Part.

Explanation.---In computing the number of Judges of a High Court for
the purposes of this article, a Judge who is disqualified by reason of
personal or pecuniary bias shall be excluded.".

43. Insertion of new article 257A.- After article 257 of
the Constitution, the following article shall be inserted, namely:-

"257A. Assistance to States by deployment of armed forces or other
forces of the Union.-(1) The Government of India may deploy any armed
force of the Union or any other force subject to the control of the
Union for dealing with any grave situation of law and order in any
State.

(2) Any armed force or other fore or any contingent or unit thereof
deployed under clause (1) in any State shall act in accordance with
such directions as the Government of India may issue and shall not,
save as otherwise provided in such directions, be subject to the
superintendence or control of the State Government or any officer or
authority subordinate to the State Government.

(3) Parliament may, by law, specify the powers, functions, privileges
and liabilities of the members of any force or any contingent or unit
thereof deployed under clause (1) during the period of such
deployment.".

44. Amendment of article 311.- In article 311 of the Constitution, in
clause (2),-

(a) the words "and where it is proposed, after such inquiry, to impose
on him any such penalty, until he has been given a reasonable
opportunity of making representation on the penalty proposed, but only
on the basis of the evidence adduced during such inquiry" shall be
omitted;

(b) for the words "Provided that this clause shall not apply---", the
following shall be substituted, namely:-

"Provided that where it is proposed after such inquiry, to impose upon
him any such penalty, such penalty may be imposed on the basis of the
evidence adduced during such inquiry and it shall not be necessary to
give such person any opportunity of making representation on the
penalty proposed:

Provided further that this clause shall not apply---".

45. Amendment of article 312.-In article 312 of the Constitution,-

(a) in clause (1),-

(i) for the word and figures "Part XI", the words and figures "Chapter
VI of Part VI or Part XI" shall be substituted;

(ii) after the words "all-India services", the brackets and words
"(including an all-India judicial service)" shall be inserted;

(b) after clause (2), the following clauses shall be inserted,
namely:-

"(3) The all-India judicial service referred to in clause (1) shall
not include any post inferior to that of a district judge as defined
in article 236.

(4) The law providing for the creation of the all-India judicial
service aforesaid may contain such provisions for the amendment of
Chapter VI of Part VI as may be necessary for giving effect to the
provisions of that law and no such law shall be deemed to be an
amendment of this Constitution for the purposes of article 368.".

46. Insertion of new Part XIVA.-After Part XIV of the Constitution,
the following Part shall be inserted, namely:-

`PART XIVA

TRIBUNALS

323A. Administrative tribunals.- (1) Parliament may, by law, provide
for the adjudication or trial by administrative tribunals of disputes
and complaints with respect to recruitment and conditions of service
of persons appointed to public services and posts in connection with
the affairs of the Union or of any State or of any local or other
authority within the territory of India or under the control of the
Government of India or of any corporation owned or controlled by the
Government.

(2) A law made under clause (1) may-

(a) provide for the establishment of an administrative tribunal for
the Union and a separate administrative tribunal for each State or for
two or more States;

(b) specify the jurisdiction, powers (including the power to punish
for contempt) and authority which may be exercised by each of the said
tribunals;

(c) provide for the procedure (including provisions as to limitation
and rules of evidence) to be followed by the said tribunals;

(d) exclude the jurisdiction of all courts, except the jurisdiction of
the Supreme Court under article 136, with respect to the disputes or
complaints referred to in clause (1);

(e) provide for the transfer to each such administrative tribunal of
any cases pending before any court or other authority immediately
before the establishment of such tribunal as would have been within
the jurisdiction of such tribunal if the causes of action on which
such suits or proceedings are based had arisen after such
establishment;

(f) repeal or amend any order made by the President under clause (3)
of article 371D;

(g) contain such supplemental, incidental and consequential provisions
(including provisions as to fees) as Parliament may deem necessary for
the effective functioning of, and for the speedy disposal of cases by,
and the enforcement of the orders of, such tribunals.

(3) The provisions of this article shall have effect notwithstanding
anything in any other provision of this Constitution or in any other
law for the time being force.

323B. Tribunals for other matters.- (1) The appropriate Legislature
may, by law, provide for the adjudication or trial by tribunals of any
disputes, complaints, or offences with respect to all or any of the
matters specified in clause (2) with respect to which such Legislature
has power to make laws.

(2) The matters referred to in clause (1) are the following,
namely:-

(a) levy, assessment, collection and enforcement of any tax;

(b) foreign exchange, import and export across customs frontiers;

(c) industrial and labour disputes;

(d) land reforms by way of acquisition by the State of any estate as
defined in article 31A or of any rights therein or the extinguishment
or modification of any such rights or by way of ceiling on
agricultural land or in any other way;

(e) ceiling on urban property;

(f) elections to either House of Parliament or the House or either
House of the Legislature of a State, but excluding the matters
referred to in article 329 and article 329A;

(g) production, procurement, supply and distribution of foodstuffs,
(including edible oilseeds and oils) and such other goods as the
President may, by public notification, declare to be essential goods
for the purpose of this article and control of prices of such goods;

(h) offences against laws with respect to any of the matters specified
in sub-clauses (a) to (g) and fees in respect of any of those matters;

(i) any matter incidental to any of the matters specified in sub-
clauses (a) to (h).

(3) A law made under clause (1) may-

(a) provide for the establishment of a hierarchy of tribunals;

(b) specify the jurisdiction, powers (including the power to punish
for contempt) and authority which may be exercised by each of the said
tribunals;

(c) provide for the procedure (including provisions as to limitation
and rules of evidence) to be followed by the said tribunals;

(d) exclude the jurisdiction of all courts, except the jurisdiction of
the Supreme Court under article 136, with respect to all or any of the
matters falling within the jurisdiction of the said tribunals;

(e) provide for the transfer to each such tribunal of any cases
pending before any court or any other authority immediately before the
establishment of such tribunal as would have been within the
jurisdiction of such tribunal if the causes of action on which such
suits or proceedings are based had arisen after such establishment;

(f) contain such supplemental, incidental and consequential
provisions, (including provisions as to fees) as the appropriate
Legislature may deem necessary for the effective functioning of, and
for the speedy disposal of cases by, and the enforcement of the orders
of, such tribunals.

(4) The provisions of this article shall have effect notwithstanding
anything in any other provision of this Constitution or in any other
law for the time being in force.

Explanation.-In this article, "appropriate Legislature", in relation
to any matter, means Parliament or, as the case may be, a State
Legislature competent to make laws with respect to such matter in
accordance with the provisions of Part XI.'.

47. Amendment of article 330.-In article 330 of the Constitution, the
following Explanation shall be inserted at the end, namely:-

`Explanation.-In this article and in article 332, the expression
"population" means the population as ascertained at the last preceding
census of which the relevant figures have been published:

Provided that the reference in this Explanation to the last preceding
census of which the relevant figures have ben published shall, until
the relevant figures for the first census taken after the year 2000
have been published, be construed as a reference to the 1971-
census.'.

48. Amendment of article 352.-In article 352 of the Constitution,-

(a) in clause (1), after the words "make a declaration to that
effect", the following shall be inserted, namely:-

"in respect of the whole of India or of such part of the territory
thereof as may be specified in the Proclamation";

(b) in clause (2), in sub-clause (a), after the word "revoked", the
words "or varied" shall be inserted;

(c) after clause (2), the following clause shall be inserted,
namely:-

"(2A) Where a Proclamation issued under clause (1) is varied by a
subsequent Proclamation, the provisions of clause (2) shall, so far as
may be, apply in relation to such subsequent Proclamation as they
apply in relation to a Proclamation issued under clause (1).".

49. Amendment of article 353.- To article 353 of the Constitution,
the following proviso shall be added, namely:-

"Provided that where a Proclamation of Emergency is in operation only
in any part of the territory of India,-

(i) the executive power of the Union to give directions under clause
(a), and

(ii) the power of Parliament to make laws under clause (b), shall also
extend to any State other than a State in which or in any part of
which the Proclamation of Emergency is in operation if and in so far
as the security of India or any part of the territory thereof is
threatened by activities in or in relation to the part of the
territory of India in which the Proclamation of Emergency is in
operation.".

50. Amendment of article 356.- In article 356 of the Constitution, in
clause (4), for the words "six months", wherever they occur, the words
"one year" shall be substituted.

51. Amendment of article 357.- (1) In article 357 of the
Constitution, for clause (2), the following clause shall be
substituted, namely:-

"(2) Any law made in exercise of the power of the Legislature of the
State by Parliament or the President or other authority referred to in
sub-clause (a) of clause (1) which Parliament or the President or such
other authority would not, but for the issue of a Proclamation under
article 356, have been competent to make shall, after the Proclamation
has ceased to operate, continue in force until altered or repealed or
amended by a competent Legislature or other authority.".

(2) The amendment made by sub-section (1) shall apply also to any law
referred to in clause (2) of article 357 of the Constitution which is
in force immediately before the coming into force of this section.

52. Amendment of article 358.- To article 358 of the Constitution,
the following proviso shall be added, namely:-

"Provided that where a Proclamation of Emergency is in operation only
in any part of the territory of India, any such law may be made, or
any such executive action may be taken, under this article in relation
to or in any State or Union territory in which or in any part of which
the Proclamation of Emergency is not in operation, if and in so far as
the security of India or any part of the territory thereof is
threatened by activities in or in relation to the part of the
territory of India in which the Proclamation of Emergency is in
operation.".

53. Amendment of article 359.- In article 359 of the Constitution,-

(a) to clause (1A), the following proviso shall be added, namely:-

"Provided that where a Proclamation of Emergency is in operation only
in any part of the territory of India, any such law may be made, or
any such executive action may be taken, under this article in relation
to or in any State or Union territory in which or in any part of which
the Proclamation of Emergency is not in operation, if and in so far as
the security of India or any part of the territory thereof is
threatened by activities in or in relation to the part of the
territory of India in which the Proclamation of Emergency is in
operation.";

(b) to clause (2), the following proviso shall be added, namely:-

"Provided that where a Proclamation of Emergency is in operation only
in a part of the territory of India, any such order shall not extend
to any other part of the territory of India unless the President,
being satisfied that the security of India or any part of the
territory thereof is threatened by activities in or in relation to the
part of the territory of India in which the Proclamation of Emergency
is in operation, considers such extension to be necessary.".

54. Amendment of article 366.- In article 366 of the Constitution,-

(a) after clause (4), the following clause shall be inserted,
namely:-

`(4A) "Central law" means any law other than a State law but does not
indclude any amendment of this Constitution made under article 368;';

(b) after clause (26), the following clause shall be inserted,
namely:-

`(26A) "State law" means-

(a) a State Act or an Act of the Legislature of a Union territory;

(b) an Ordinance promulgated by the Governor of a State under article
213 or by the administrator of a Union terrirory under article 239B;

(c) any provision with respect to a matter in the State List in a
Central Act made before the commencement of this Constitution;

(d) any provision with respect to a matter in the State List or the
Concurrent List in a Provincial Act;

(e) any notification, order, scheme, rule, regulation or bye-law or
any other instrument having the force of law made under any Act,
Ordinance or provisions referred to in sub-clause (a), sub-clause (b),
sub-clause (c) or sub-clause (d);

(f) any notification, order, scheme, rule, regulation or bye-law or
any other instrument having the force of law, not falling under
sub-clause (e), and made by a State Government or the administrator of
a Union territory or an officer or authority subordinate to such
Government or administrator; and

(g) any other law (including any usage or custom having the force of
law) with respect to a matter in the State List.'.

55. Amendment of article 368.- In article 368 of the Constitution,
after clause (3), the following clauses shall be inserted, namely:-

"(4) No amendment of this Constitution (including the provisions of
Part III) made or purporting to have been made under this article
whether before or after the commencement of section 55 of the
Constitution (Forty-second Amendment) Act, 1976] shall be called in
question in any court on any ground.

(5) For the removal of doubts, it is hereby declared that there shall
be no limitation whatever on the constituent power of Parliament to
amend by way of addition, variation or repeal the provisions of this
Constitution under this article.".

56. Amendment of article 371F.- In article 371F of the Constitution,
in clause (c), for the words "five years", the words "six years" shall
be substituted and for the words "four years" in the two places where
they occur, the words "five years" shall be substituted.

57. Amendment of the Seventh Schedule.-In the Seventh Schedule
to the Constitution,-

(a) in List I.-Union List, after entry 2, the following entry shall be
inserted, namely:-

"2A. Deployment of any armed force of the Union or any other force
subject to the control of the Union or any contingent or unit thereof
in any State in aid of the civil power; powers, jurisdiction,
privileges and liabilities of the members of such forces while on such
deployment.";

(b) in List II.-State List,-

(i) in entry 1, for the words "the use of naval, military or air
forces or any other armed forces of the Union", the words "the use of
any naval, military or air force or any other armed force of the Union
or of any other force subject to the control of the Union or of any
contingent or unit thereof" shall be substituted;

(ii) for entry 2, the following entry shall be substituted, namely:-

"2. Police (including railway and village police) subject to the
provisions of entry 2A of List I.";

(iii) in entry 3, the words "Administration of justice; constitution
and organisation of all courts, except the Supreme Court and the High
Court;" shall be omitted;

(iv) entries 11, 19, 20 and 29 shall be omitted;

(v) in entry 55, the words "and advertisements broadcast by radio or
television" shall be inserted at the end;

(c) in List III.-Concurrent List,-

(i) after entry 11, the following entry shall be inserted, namely:-

"11A. Administration of justice; constitution and organisation of
all courts, except the Supreme Court and the High Courts.;

(ii) after entry 17, the following entries shall be inserted,
namely:-

"17A. Forests.

17B. Protection of wild animals and birds.";

(iii) after entry 20, the following entry shall be inserted,
namely:-

"20A. Population control and family planning.";

(iv) for entry 25, the following entry shall be substituted,
namely:-

"25. Education, including technical education, medical education and
universities, subject to the provisions of entries 63, 64, 65 and 66
of List I; vocational and technical training of labour.";

(v) after entry 33, the following entry shall be inserted, namely:-

"33A. Weights and measures except establishment of standards.".

58. Special provisions as to pending petitions under article 226.-
(1) Notwithstanding anything contained in the Constitution, every
petition made under article 226 of the Constitution before the
appointed day and pending before any High Court immediately before
that day (such petition being referred to in this section as a pending
petition) and any interim order (whether by way of injunction or stay
or in any other manner) made on, or in any proceedings relating to,
such petition before that day shall be dealt with in accordance with
the provisions of article 226 as substituted by section 38.

(2) In particular, and without prejudice to the generality of the
provisions of sub-section (1), every pending petition before a High
Court which would not have been admitted by the High Court under the
provisions of article 226 as substituted by section 38 if such
petition had been made after the appointed day, shall abate and any
interim order (whether by way of injunction or stay or in any other
manner) made on, or in any proceedings relating to, such petition
shall stand vacated:

Provided that nothing contained in this sub-section shall affect the
right of the petitioner to seek relief under any other law for the
time being in force in respect of the matters to which such petition
relates and in computing the period of limitation, if any, for seeking
such relief, the period during which the proceedings relating to such
petition were pending in the High Court shall be excluded.

(3) Every interim order (whether by way of injunction or stay or in
any other manner) which was made before the appointed day, on, or in
any proceedings relating to, a pending petition [not being a pending
petition which has abated under sub-section (2)], and which is in
force on that day, shall, unless before the appointed day copies of
such pending petition and of documents in support of the plea for such
interim order had been furnished to the party against whom such
interim order was made and an opportunity had been given to such party
to be heard in the matter, cease to have effect (if not vacated
earlier),-

(a) on the expiry of a period of one month from the appointed day, if
the copies of such pending petition and the documents in support of
the plea for the interim order are not furnished to such party before
the expiry of the said period of one month; or

(b) on the expiry of a period of four months from the appointed day,
if the copies referred to in clause (a) have been furnished to such
party within the period of one month referred to in that clause but
such party has not been given an opportunity to be heard in the matter
before the expiry of the said period of four months.

(4) Notwithstanding anything contained in sub-section (3), every
interim order (whether by way of injunction or stay or in any other
manner) which was made before the appointed day, on, or in any
proceedings relating to, a pending petition [not being a pending
petition which has abated under sub-section (2)], and which is in
force on that day, shall, if such order has the effect of delaying any
inquiry into a matter of public importance or any investigation or
inquiry into an offence punishable with imprisonment or any action for
the execution of any work or project of public utility, or the
acquisition of any property for such execution, by the Government or
any corporation owned or controlled by the Government, stand vacated.

Explanation.-In this section, "appointed day" means the date on which
section 38 comes into force.

59. Power of the President to remove difficulties.-(1) If any
difficulty arises in giving effect to the provisions of the
Constitution as amended by this Act (including any difficulty in
relation to the transition from the provisions of the Constitution as
they stood immediately before the date of the President's assent to
this Act to the provisions of the Constitution as amended by this
Act), the President may, by order, make such provisions, including any
adaptation or modification of any provision of the Constitution, as
appear to him to be necessary or expedient for the purpose of removing
the difficulty:

Provided that no such order shall be made after the expiry of two
years from the date of such assent.

(2) Every order made under sub-section (1) shall, as soon as may be
after it is made, be laid before each House of Parliament.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (FORTY-THIRD AMENDMENT)

Statement of Objects and Reasons appended to the Constitution
(Forty-fourth Amendment) Bill, 1977 (Bill No. 148 of 1977) which was
enacted as THE CONSTITUTION (Forty-third Amendment) Act, 1977

STATEMENT OF OBJECTS AND REASONS

The Constitution (Forty-second Amendment) Act, 1976, inserted various
articles in the Constitution to curtail, both directly and indirectly,
the jurisdiction of the Supreme Court and the High Courts to review
the constitutionality of laws. Article 32A barred the Supreme Court
from considering the constitutional validity of any State law in
proceedings for the enforcement of fundamental rights unless the
constitutional validity of any Central law was also in issue in such
proceedings. Article 131A gave to the Supreme Court exclusive
jurisdiction to decide the constitutional validity of a Central law
and thus deprived the High Courts of their jurisdiction in respect of
the same. Article 144A provided that the minimum number of Judges of
the Supreme Court who shall sit for the purpose of determining the
constitutional validity of any Central law or State law shall be seven
and required a special majority of two-thirds for the invalidation of
such law. Article 226A barred the High Courts from deciding the
validity of any Central law and article 228A required that there
should be a Bench of at least five Judges for determining the
constitutional validity of any State law and prescribed a special
majority for a judgment invalidating such a law.

2. It is considered that articles 32A, 131A and 228A cause, hardship
to persons living in distant parts in India. Further, article 32A
would lead to multiplicity of proceedings as cases relating to the
validity of a State law which could be disposed of by the Supreme
Court itself have to be heard first by the High Court. The minimum
number of Judges in every case wherein the constitutional validity of
a law is involved, however unsubstantial the challenge might be,
results in valuable judicial time being lost in hearing and rejecting
submissions that have no substance. The Supreme Court has, in M/s.
Misrilal Jain vs. the State of Orissa and Others (AIR 1977 SC 1686)
expressed the hope that article 144A would engage the prompt attention
of Parliament and would be amended so as to leave to the court itself
the duty to decide how large a Bench should decide any particular
case. In fact, a number of cases have been held up in the Supreme
Court and High Courts as a result of the aforementioned articles.

3. It is, therefore, proposed to omit articles 32A, 131A, 144A, 226A
and 228A. It is also proposed to make special provisions to enable
the Supreme Court and the High Courts to deal with pending cases in
the same manner as if the said articles had been omitted with effect
from the 1st February, 1977 (viz., the date on which those articles
were brought into force). Necessary consequential amendments to
articles 145, 228 and 366 are also proposed to be made.

4. Article 31D confers special power on Parliament to enact certain
laws in respect of anti-national activities. It is considered that
these powers of Parliament to make laws for dealing with anti-national
activities and anti-national associations are of a sweeping nature and
are capable of abuse. It is, therefore, proposed to omit article 31D.

5. The Bill seeks to achieve the above objects.

NEW DELHI; SHANTI BHUSHAN.

The 12th December, 1977.

THE CONSTITUTION (FORTY-THIRD AMENDMENT)
ACT, 1977

[13th April, 1978.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Twenty-eighth Year of the Republic
of India as follows:-

1. Short title.-This Act may be called the Constitution (Forty-third
Amendment) Act, 1977.

2. Omission of article 31D.- Article 31D of the Constitution shall be
omitted.

3. Omission of article 32A.-(1) Article 32A of the Constitution shall
be omitted.

(2) Any proceedings pending before the Supreme Court under article 32
of the Constitution immediately before the commencement of this Act
may be dealt with by the Supreme Court as if the said article 32A had
been omitted with effect on and from the 1st day of February, 1977.

4. Omission of article 131A.-(1) Article 131A of the Constitution
shall be omitted.

(2) Notwithstanding anything contained in sub-section (1), where
immediately before the commencement of this Act any reference made by
a High Court under the said article 131A is pending before the Supreme
Court, the Supreme Court may, having regard to-

(a) the stage at which the reference is so pending; and

(b) the ends of justice,

either deal with the case as if that article had not been omitted or
return the case of the High Court for disposal as if that article had
been omitted with effect on and from the 1st day of February, 1977.

5. Omission of article 144A.-(1) Article 144A of the Constitution
shall be omitted.

(2) Any case pending before the Supreme Court immediately before the
commencement of this Act may be dealt with by the Supreme Court as if
the said article 144A had been omitted with effect on and from the 1st
day of February, 1977.

6. Amendment of article 145.-In article 145 of the Constitution,-

(a) in clause (1), in sub-clause (cc), for the words, figures and
letters "articles 131A and 139A", the word, figures and letter
"article 139A" shall be substituted;

(b) in clause (2), the words, figures and letter "article 144A and of"
shall be omitted;

(c) in clause (3), the words, figures and letter "Subject to the
provisions of article 144A," shall be omitted.

7. Amendment of article 226.-In article 226 of the Constitution, in
clause (1), the words, figures and letters "but subject to the
provisions of article 131A and article 226A" shall be omitted.

8. Omission of article 226A.-(1) Article 226A of the Constitution
shall be omitted.

(2) Any proceedings pending before a High Court under article 226 of
the Constitution immediately before the commencement of this Act may
be dealt with by the High Court as if the said article 226A had been
omitted with effect on and from the 1st day of February, 1977.

9. Amendment of article 228.-In article 228 of the Constitution, in
the opening portion, the words, figures and letter ", subject to the
provisions of article 131A," shall be omitted.

10. Omission of article 228A.-(1) Article 228A of the Constitution
shall be omitted.

(2) Any case pending before a High Court immediately before the
commencement of this Act may be dealt with by the High Court as if the
said article 228A had been omitted with effect on and from the 1st day
of February, 1977.

11. Amendment of article 366.-In article 366 of the Constitution,
clause (4A) and clause (26A) shall be omitted.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (FORTY-FOURTH AMENDMENT)

Statement of Objects and Reasons appended to the Constitution
(Forty-fifth Amendment) Bill, 1978 (Bill No. 88 of 1978) which was
enacted as THE CONSTITUTION (Forty-fourth Amendment) Act, 1978

STATEMENT OF OBJECTS AND REASONS

Recents experience has shown that the fundamental rights, including
those of life and liberty, granted to citizens by the Constitution are
capable of being taken away by a transient majority. It is,
therefore, necessary to provide adequate safeguards against the
recurrence of such a contingency in the future and to ensure to the
people themselves an effective voice in determining the form of
government under which they are to live. This is one of the primary
objects of this Bill.

2. It is, therefore, proposed to provide that certain changes in the
Constitution which would have the effect of impairing its secular or
democratic character, abridging or taking away fundamental rights
prejudicing or impeding free and fair elections on the basis of adult
suffrage and compromising the independence of judiciary, can be made
only if they are approved by the people of India by a majority of
votes at a referendum in which at least fifty-one per cent. of the
electorate participate. Article 368 is being amended to ensure this.

3. In view of the special position sought to be given to fundamental
rights, the right to property, which has been the occasion for more
than one amendment of the Constitution, would cease to be a
fundamental right and become only a legal right. Necessary amendments
for this purpose are being made to article 19 and article 31 is being
deleted. It would, however, be ensured that the removal of property
from the list of fundamental rights would not affect the right of
minorities to establish and administer educational institutions of
their choice.

4. Similarly, the right of persons holding land for personal
cultivation and within the ceiling limit to receive compensation at
the market value would not be affected.

5. Property, while ceasing to be a fundamental right, would, however,
be given express recognition as a legal right, provision being made
that no person shall be deprived of his property save in accordance
with law.

6. A Proclamation of Emergency under article 352 has virtually the
effect of amending the Constitution by converting it for the duration
into that of a Unitary State and enabling the rights of the citizen to
move the courts for the enforcement of fundamental rights---including
the right to life and liberty---to be suspended. Adequate safeguards
are, therefore, necessary to ensure that this power is properly
exercised and is not abused. It is, therefore, proposed that a
Proclamation of Emergency can be issued only when the security of
India or any part of its territory is threatened by war or external
aggression or by armed rebellion. Internal disturbance not amounting
to armed rebellion would not be a ground for the issue of a
Proclamation.

7. Further, in order to ensure that a Proclamation is issued only
after due consideration, it is sought to be provided that an Emergency
can be proclaimed only on the basis of written advice tendered to the
President by the Cabinet. In addition, as a Proclamation of Emergency
virtually has the effect of amending the Constitution, it is being
provided that the Proclamation would have to be approved by the two
Houses of Parliament by the same majority which is necessary to amend
the Constitution and such approval would have to be given within a
period of one month. Any such Proclamation would be in force only for
a period of six months and can be continued only by further
resolutions passed by the same majority. The Proclamation would also
cease to be in operation if a resolution disapproving the continuance
of the Proclamation is passed by Lok Sabha. Ten per cent. or more of
the Members of Lok Sabha can requisition a special meeting for
considering a resolution for disapproving the Proclamation.

8. As a further check against the misuse of the Emergency provisions
and to put the right to life and liberty on a secure footing, it would
be provided that the power to suspend the right to move the court for
the enforcement of a fundamental right cannot be exercised in respect
of the fundamental right to life and liberty. The right to liberty is
further strengthened by the provision that a law for preventive
detention cannot authorise, in any case, detention for a longer period
than two months, unless an Advisory Board has reported that there is
sufficient cause for such detention. An additional safeguard would be
provided by the requirement that the Chairman of an Advisory Board
shall be a serving Judge of the appropriate High Court and that the
Board shall be constituted in accordance with the recommendations of
the Chief Justice of that High Court.

9. A special provision is being made guaranteeing the right of the
media to report freely and without censorship the proceedings in
Parliament and the State Legislatures. The provision with regard to
the breakdown of the constitutional machinery in the States is being
amended so as to provide that a Proclamation issued under article 356
would be in force only for a period of six months in the first
instance and that it cannot exceed one year ordinarily. However, if a
Proclamation of Emergency is in operation and the Election Commission
certifies that the extension of the President's rule beyond a period
of one year is necessary on account of difficulties in holding
elections to the Legislative Assembly of the State concerned, the
period of operation of the Proclamation can be extended beyond one
year. This is subject to the existing limit of three years. These
changes would ensure that democratic rule is restored to a State after
the minimum period which will be necessary for holding elections.

10. With a view to avoiding delays, it is proposed to amend articles
132, 133 and 134 and insert a new article 134A to provide that a High
Court should consider the question of granting a certificate for
appeal to Supreme Court immediately after the delivery of the
judgment, decree, final order or sentence concerned on the basis of an
oral application by a party or, if the High Court deems fit so to do,
on its own motion. Cases of special leave to appeal by Supreme Court
will be left to be regulated exclusively by article 136.

11. The other amendments proposed in the Bill are mainly for removing
or correcting the distortions which came into the Constitution by
reason of amendments enacted during the period of the Internal
Emergency.

12. The Bill seeks to achieve the above objects. The notes on
clauses explain in detail the various provisions of the Bill.

NEW DELHI; SHANTI BHUSHAN.

The 9th May, 1978.

THE CONSTITUTION (FORTY-FOURTH AMENDMENT)
ACT, 1978
-----------

ARRANGEMENT OF SECTIONS
-------------

SECTIONS

1. Short title and commencement.
2. Amendment of article 19.
3. Amendment of article 22.
4. Amendment of article 30.
5. Omission of sub-heading after article 30.
6. Omission of article 31.
7. Amendment of article 31A.
8. Amendment of article 31C.
9. Amendment of article 38.
10. Substitution of new article for article 71.
11. Amendment of article 74.
12. Amendment of article 77.
13. Amendment of article 83.
14. Substitution of new article for article 103.
15. Amendment of article 105.
16. Amendment of article 123.
17. Amendment of article 132.
18. Amendment of article 133.
19. Amendment of article 134.
20. Insertion of new article 134A.
21. Amendment of article 139A.
22. Amendment of article 150.
23. Amendment of article 166.
24. Amendment of article 172.
25. Substitution of new article for article 192.
26. Amendment of article 194.
27. Amendment of article 213.
28. Amendment of article 217.
29. Amendment of article 225.
30. Amendment of article 226.
31. Amendment of article 227.
32. Amendment of article 239B.
33. Omission of article 257A.
34. Insertion of new Chapter IV in Part XII.
35. Amendment of article 329.
36. Omission of article 329A.
37. Amendment of article 352.
38. Amendment of article 356.
39. Amendment of article 358.
40. Amendment of article 359.
41. Amendment of article 360.
42. Insertion of new article 361A.
43. Amendment of article 371F.
44. Amendment of the Ninth Schedule.
45. Amendment of THE CONSTITUTION (Forty-second Amendment) Act, 1976.

THE CONSTITUTION (FORTY-FOURTH AMENDMENT) ACT, 1978

[30th April, 1979.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Twenty-ninth Year of the Republic
of India as follows:-

1. Short title and commencement.- (1) This Act may be called the
Constitution (Forty-fourth Amendment) Act, 1978.

(2) It shall come into force on such date as the Central Government
may, by notification in the Official Gazette, appoint and different
dates may be appointed for different provisions of this Act.

2. Amendment of article 19.- In article 19 of the Constitution,-

(a) in clause (1),-

(i) in sub-clause (e), the word "and" shall be inserted at the end;

(ii) sub-clause (f) shall be omitted;

(b) in clause (5), for the words, brackets and letters "sub-clauses
(d), (e) and (f)", the words, brackets and letters "sub-clauses (d)
and (e)" shall be substituted.

3. Amendment of article 22.- In article 22 of the Constitution,-

(a) for clause (4), the following clause shall be substituted,
namely:-

`(4) No law providing for preventive detention shall authorise the
detention of a person for a longer period than two months unless an
Advisory Board constituted in accordance with the recommendations of
the Chief Justice of the appropriate High Court has reported before
the expiration of the said period of two months that there is in its
opinion sufficient cause for such detention:

Provided that an Advisory Board shall consist of a Chairman and not
less than two other members, and the Chairman shall be a serving Judge
of the appropriate High Court and the other members shall be serving
or retired Judges of any High Court:

Provided further that nothing in this clause shall authorise the
detention of any person beyond the maximum period prescribed by any
law made by Parliament under sub-clause (a) of clause (7).

Explanation.-In this clause, "appropriate High Court" means,-

(i) in the case of the detention of a person in pursuance of an order
of detention made by the Government of India or an officer or
authority subordinate to that Government, the High Court for the Union
territory of Delhi;

(ii) in the case of the detention of a person in pursuance of an order
of detention made by the Government of any State (other than a Union
territory), the High Court for that State; and

(iii) in the case of the detention of a person in pursuance of an
order of detention made by the administrator of a Union territory or
an officer or authority subordinate to such administrator, such High
Court as may be specified by or under any law made by Parliament in
this behalf.';

(b) in clause (7),-

(i) sub-clause (a) shall be omitted;

(ii) sub-clause (b) shall be re-lettered as sub-clause (a); and

(iii) sub-clause (c) shall be re-lettered as sub-clause (b) and in the
sub-clause as so re-lettered, for the words, brackets, letter and
figure "sub-clause (a) of clause (4)", the word,brackets and figure
"clause (4)" shall be substituted.

4. Amendment of article 30.-In article 30 of the Constitution, after
clause (1), the following clause shall be inserted, namely:-

"(1A) In making any law providing for the compulsory acquisition of
any property of an educational institution established and
administered by a minority, referred to in clause (1), the State shall
ensure that the amount fixed by or determined under such law for the
acquisition of such property is such as would not restrict or abrogate
the right guaranteed under that clause.".

5. Omission of sub-heading after article 30.- The sub-heading "Right
to Property" occurring after article 30 of the Constitution shall be
omitted.

6. Omission of article 31.- Article 31 of the Constitution shall be
omitted.

7. Amendment of article 31A.-In article 31A of the Constitution, in
clause (1), for the words and figures "article 14, article 19 or
article 31", the words and figures "article 14 or article 19" shall be
substituted.

8. Amendment of article 31C.-In article 31C of the Constitution, for
the words and figures "article 14, article 19 or article 31", the
words and figures "article 14 or article 19" shall be substituted.

9. Amendment of article 38.-Article 38 of the Constitution shall be
renumbered as clause (1) thereof and after the clause as so
renumbered, the following clause shall be inserted, namely:-

"(2) The State shall, in particular, strive to minimise the
inequalities in income, and endeavour to eliminate inequalities in
status, facilities and opportunities, not only amongst individuals but
also amongst groups of people residing in different areas or engaged
in different vocations.".

10. Substitution of new article for article 71.-For article 71 of the
Constitution, the following article shall be substituted, namely:-

"71. Matters relating to, or connected with, the election of a
President or Vice-President.-(1) All doubts and disputes arising out
of or in connection with the election of a President or Vice-President
shall be inquired into and decided by the Supreme Court whose decision
shall be final.

(2) If the election of a person as President or Vice-President is
declared void by the Supreme Court, acts done by him in the exercise
and performance of the powers and duties of the office of President or
Vice-President, as the case may be, on or before the date of the
decision of the Supreme Court shall not be invalidated by reason of
that declaration.

(3) Subject to the provisions of this Constitution, Parliament may by
law regulate any matter relating to or connected with the election of
a President or Vice-President.

(4) The election of a person as President or Vice-President shall not
be called in question on the ground of the existence of any vacancy
for whatever reason among the members of the electoral college
electing him.".

11. Amendment of article 74.-In article 74 of the Constitution, in
clause (1), the following proviso shall be inserted at the end,
namely:-

"Provided that the President may require the Council of Ministers to
reconsider such advice, either generally or otherwise, and the
President shall act in accordance with the advice tendered after such
reconsideration.".

12. Amendment of article 77.-In article 77 of the Constitution,
clause (4) shall be omitted.

13. Amendment of article 83.-(1) In article 83 of the Constitution,
in clause (2), for the words "six years" in both the places where they
occur, the words "five years" shall be substituted.

(2) The amendments made by sub-section (1) to clause (2) of article 83
shall apply also to the House of the People in existence on the date
of coming into force of this section without prejudice to the power of
Parliament with respect to the extension of the duration of that House
under the proviso to that clause.

14. Substitution of new article for article 103.- For article 103 of
the Constitution, the following article shall be substituted, namely:-

"103. Decision on questions as to disqualifications of members.-(1)
If any question arises as to whether a member of either House of
Parliament has become subject to any of the disqualifications
mentioned in clause (1) of article 102, the question shall be referred
for the decision of the President and his decision shall be final.

(2) Before giving any decision on any such question, the President
shall obtain the opinion of the Election Commission and shall act
according to such opinion.".

15. Amendment of article 105.-In article 105 of the Constitution, in
clause (3), for the words "shall be those of the House of Commons of
the Parliament of the United Kingdom, and of its members and
committees, at the commencement of this Constitution", the words,
figures and brackets "shall be those of that House and of its members
and committees immediately before the coming into force of section 15
of the Constitution (Forty-fourth Amendment) Act, 1978" shall be
substituted.

16. Amendment of article 123.-In article 123 of the Constitution,
clause (4) shall be omitted.

17. Amendment of article 132.-In article 132 of the Constitution,-

(a) in clause (1), for the words "if the High Court certifies", the
words, figures and letter "if the High Court certifies under article
134A" shall be substituted;

(b) clause (2) shall be omitted;

(c) in clause (3), the words "or such leave is granted," and the words
"and, with the leave of the Supreme Court, on any other ground" shall
be omitted.

18. Amendment of article 133.-In article 133 of the Constitution, in
clause (1), for the words "if the High Court certifies-", the words,
figures and letter "if the High Court certifies under article 134A-"
shall be substituted.

19. Amendment of article 134.-In article 134 of the Constitution, in
sub-clause (c) of clause (1), for the word "certifies", the words,
figures and letter "certifies under article 134A" shall be
substituted.

20. Insertion of new article 134A.- After article 134 of the
Constitution, the following article shall be inserted, namely:-

"134A. Certificate for appeal to the Supreme Court.- Every High
Court, passing or making a judgment, decree, final order, or sentence,
referred to in clause (1) of article 132 or clause (1) of article 133,
or clause (1) of article 134,-

(a) may, if it deems fit so to do, on its own motion; and

(b) shall, if an oral application is made, by or on behalf of the
party aggrieved, immediately after the passing or making of such
judgment, decree, final order or sentence,

determine, as soon as may be after such passing or making, the
question whether a certificate of the nature referred to in clause (1)
of article 132, or clause (1) of article 133 or, as the case may be
sub-clause (c) of clause (1) of article 134, may be given in respect
of that case.".

21. Amendment of article 139A.-In article 139A of the Constitution,
for clause (1), the following clause shall be substituted, namely:-

"(1) Where cases involving the same or substantially the same
questions of law are pending before the Supreme Court and one or more
High Courts or before two or more High Courts and the Supreme Court is
satisfied on its own motion or on an application made by the
Attorney-General of India or by a party to any such case that such
questions are substantial questions of general importance, the Supreme
Court may withdraw the case or cases pending before the High Court or
the High Courts and dispose of all the cases itself:

Provided that the Supreme Court may after determining the said
questions of law return any case so withdrawn together with a copy of
its judgment on such questions to the High Court from which the case
has been withdrawn, and the High Court shall on receipt thereof,
proceed to dispose of the case in conformity with such judgment.".

22. Amendment of article 150.-In article 150 of the Constitution, for
the words "after consultation with", the words "on the advice of"
shall be substituted.

23. Amendment of article 166.-In article 166 of the Constitution,
clause (4) shall be omitted.

24. Amendment of article 172.-(1) In article 172 of the Constitution,
in clause (1), for the words "six years" in both the places where they
occur, the words "five years" shall be substituted.

(2) The amendments made by sub-section (1) to clause (1) of article
172-

(a) shall not apply to any existing State Legislative Assembly the
period of existence whereof as computed from the date appointed for
its first meeting to the date of coming into force of this section
(both dates inclusive) is more than four years and eight months but
every such Assembly shall, unless sooner dissolved, stand dissolved on
the expiry of-

(i) a period of four months from the date of coming into force of this
section; or

(ii) a period of six years from the date appointed for its first
meeting,

whichever period expires earlier;

(b) shall apply to every other existing State Legislative Assembly
without prejudice to the power of Parliament with respect to the
extension of duration of such Assembly under the proviso to the said
clause (1).

Explanation I.-In its application to the Legislative Assembly of the
State of Sikkim referred to in clause (b) of article 371F of the
Constitution, this sub-section shall have effect as if-

(i) the date appointed for the first meeting of that Assembly were the
26th day of April, 1975; and

(ii) the references in clause (a) of this sub-section to "four years
and eight months" and "six years" were references to "three years and
eight months" and "five years" respectively.

Explanation II.-In this sub-section, "existing State Legislative
Assembly" means the Legislative Assembly of a State in existence on
the date of coming into force of this section.

25. Substitution of new article for article 192.-For article 192 of
the Constitution, the following article shall be substituted, namely:-

"192. Decision on questions as to disqualifications of members.-(1)
If any question arises as to whether a member of a House of the
Legislature of a State has become subject to any of the
disqualifications mentioned in clause (1) of article 191, the ques-
tion shall be referred for the decision of the Governor and his
decision shall be final.

(2) Before giving any decision on any such question, the Governor
shall obtain the opinion of the Election Commission and shall act
according to such opinion.".

26. Amendment of article 194.-In article 194 of the Constitution, in
clause (3), for the words "shall be those of the House of Commons of
the Parliament of the United Kingdom, and of its members and
committees, at the commencement of this Constitution", the words,
figures and brackets "shall be those of that House and of its members
and committees immediately before the coming into force of section 26
of the Constitution (Forty-fourth Amendment) Act, 1978" shall be
substituted.

27. Amendment of article 213.-In article 213 of the Constitution,
clause (4) shall be omitted.

28. Amendment of article 217.-In article 217 of the Constitution, in
clause (2),-

(a) in sub-clause (b), the word "or" occurring at the end shall be
omitted;

(b) sub-clause (c) shall be omitted;

(c) in the Explanation, clause (a) shall be re-lettered as clause (aa)
and before clause (aa) as so re-lettered, the following shall be
inserted, namely:-

"(a) in computing the period during which a person has held judicial
office in the territory of India, there shall be included any period,
after he has held any judicial office, during which the person has
been an advocate of a High Court or has held the office of a member of
a tribunal or any post, under the Union or a State, requiring special
knowledge of law;".

29. Amendment of article 225.-In article 225 of the Constitution, the
following proviso shall be inserted at the end, namely:-

"Provided that any restriction to which the exercise of original
jurisdiction by any of the High Courts with respect to any matter
concerning the revenue or concerning any act ordered or done in the
collection thereof was subject immediately before the commencement of
this Constitution shall no longer apply to the exercise of such
jurisdiction.".

30. Amendment of article 226.-In article 226 of the Constitution,-

(a) in clause (1), for the portion beginning with the words "writs in
the nature of habeas corpus, mandamus, prohibition, quo warranto and
certiorari, or any of them" and ending with the words "such illegality
has resulted in substantial failure of justice.", the following shall
be substituted, namely:-

"writs in the nature of habeas corpus, mandamus, prohibition, quo
warranto and certiorari, or any of them, for the enforcement of any of
the rights conferred by Part III and for any other purpose.";

(b) for clauses (3), (4), (5) and (6), the following clause shall
be substituted, namely:-

"(3) Where any party against whom an interim order, whether by way of
injunction or stay or in any other manner, is made on, or in any way
proceedings relating to, a petition under clause (1), without-

(a) furnishing to such party copies of such petition and all documents
in support of the plea for such interim order; and

(b) giving such party an opportunity of being heard,

makes an application to the High Court for the vacation of such order
and furnishes a copy of such application to the party in whose favour
such order has been made or the counsel of such party, the High Court
shall dispose of the application within a period of two weeks from the
date on which it is received or from the date on which the copy of
such application is so furnished, whichever is later, or where the
High Court is closed on the last day of that period, before the expiry
of the next day afterwards on which the High Court is open; and if
the application is not so disposed of, the interim order shall, on the
expiry of that period, or, as the case may be, the expiry of the said
next day, stand vacated.";

(c) clause (7) shall be renumbered as clause (4).

31. Amendment of article 227.- In article 227 of the Constitution,-

(a) for clause (1), the following clause shall be substituted,
namely:-

"(1) Every High Court shall have superintendence over all courts and
tribunals throughout the territories in relation to which it exercises
jurisdiction.";

(b) clause (5) shall be omitted.

32. Amendment of article 239B.-In article 239B of the Constitution,
clause (4) shall be omitted.

33. Omission of article 257A.-Article 257A of the Constitution shall
be omitted.

34. Insertion of new Chapter IV in Part XII.-In Part XII of the
Constitution, after Chapter III, the following Chapter shall be
inserted, namely:-

"CHAPTER IV.-RIGHT TO PROPERTY

300A. Persons not to be deprived of property save by authority of
law.-No person shall be deprived of his property save by authority of
law.".

35. Amendment of article 329.-In article 329 of the Constitution, in
the opening portion, the words, figures and letter "but subject to the
provisions of article 329A" shall be omitted.

36. Omission of article 329A.-Article 329A of the Constitution shall
be omitted.

37. Amendment of article 352.- In article 352 of the Constitution,-

(a) in clause (1),-

(i) for the words "internal disturbance", the words "armed rebellion"
shall be substituted;

(ii) the following Explanation shall be inserted at the end, namely:-

"Explanation.-A Proclamation of Emergency declaring that the security
of India or any part of the territory thereof is threatened by war or
by external aggression or by armed rebellion may be made before the
actual occurrence of war or of any such aggression or rebellion, if
the President is satisfied that there is imminent danger thereof.";

(b) for clauses (2), (2A) and (3), the following clauses shall be
substituted, namely:-

"(2) A Proclamation issued under clause (1) may be varied or revoked
by a subsequent Proclamation.

(3) The President shall not issue a Proclamation under clause (1) or a
Proclamation varying such Proclamation unless the decision of the
Union Cabinet (that is to say, the Council consisting of the Prime
Minister and other Ministers of Cabinet rank appointed under article
75) that such a Proclamation may be issued has been communicated to
him in writing.

(4) Every Proclamation issued under this article shall be laid before
each House of Parliament and shall, except where it is a Proclamation
revoking a previous Proclamation, cease to operate at the expiration
of one month unless before the expiration of that period it has been
approved by resolutions of both Houses of Parliament:

Provided that if any such Proclamation (not being a Proclamation
revoking a previous Proclamation) is issued at a time when the House
of the People has been dissolved, or the dissolution of the House of
the People takes place during the period of one month referred to in
this clause, and if a resolution approving the Proclamation has been
passed by the Council of States, but no resolution with respect to
such Proclamation has been passed by the House of the People before
the expiration of that period, the Proclamation shall cease to operate
at the expiration of thirty days from the date on which the House of
the People first sits after its reconstitution, unless before the
expiration of the said period of thirty days a resolution approving
the Proclamation has been also passed by the House of the People.

(5) A Proclamation so approved shall, unless revoked, cease to operate
on the expiration of a period of six months from the date of the
passing of the second of the resolutions approving the Proclamation
under clause (4):

Provided that if and so often as a resolution approving the
continuance in force of such a Proclamation is passed by both Houses
of Parliament the Proclamation shall, unless revoked, continue in
force for a further period of six months from the date on which it
would otherwise have ceased to operate under this clause:

Provided further that if the dissolution of the House of the People
takes place during any such period of six months and a resolution
approving the continuance in force of such Proclamation has been
passed by the Council of States but no resolution with respect to the
continuance in force of such Proclamation has been passed by the House
of the People during the said period, the Proclamation shall cease to
operate at the expiration of thirty days from the date on which the
House of the People first sits after its reconstitution unless before
the expiration of the said period of thirty days, a resolution
approving the continuance in force of the Proclamation has been also
passed by the House of the People.

(6) For the purposes of clauses (4) and (5), a resolution may be
passed by either House of Parliament only by a majority of the total
membership of that House and by a majority of not less than two-thirds
of the members of that House present and voting.

(7) Notwithstanding anything contained in the foregoing clauses, the
President shall revoke a Proclamation issued under clause (1) or a
Proclamation varying such Proclamation if the House of the People
passes a resolution disapproving, or, as the case may be, disapproving
the continuance in force of, such Proclamation.

(8) Where a notice in writing signed by not less than one-tenth of the
total number of members of the House of the People has been given, of
their intention to move a resolution for disapproving, or, as the case
may be, for disapproving the continuance in force of, a Proclamation
issued under clause (1) or a Proclamation varying such Proclamation,-

(a) to the Speaker, if the House is in session; or

(b) to the President, if the House is not in session,

a special sitting of the House shall be held within fourteen days from
the date on which such notice is received by the Speaker, or, as the
case may be, by the President, for the purpose of considering such
resolution.";

(c) clause (4) shall be renumbered as clause (9) and in the clause as
so renumbered, for the words "internal disturbance" in both the places
where they occur, the words "armed rebellion" shall be substituted;

(d) clause (5) shall be omitted.

38. Amendment of article 356.-In article 356 of the Constitution,-

(a) in clause (4),-

(i) for the words, brackets and figure "one year from the date of the
passing of the second of the resolutions approving the Proclamation
under clause (3)", the words "six months from the date of issue of the
Proclamation" shall be substituted;

(ii) in the first proviso, for the words "one year", the words "six
months" shall be substituted;

(iii) in the second proviso, for the words "one year", the words "six
months" shall be substituted;

(b) for clause (5), the following clause shall be substituted,
namely:-

"(5) Notwithstanding anything contained in clause (4), a resolution
with respect to the continuance in force of a Proclamation approved
under clause (3) for any period beyond the expiration of one year from
the date of issue of such Proclamation shall not be passed by either
House of Parliament unless-

(a) a Proclamation of Emergency is in operation, in the whole of India
or, as the case may be, in the whole or any part of the State, at the
time of the passing of such resolution, and

(b) the Election Commission certifies that the continuance in force of
the Proclamation approved under clause (3) during the period specified
in such resolution is necessary on account of difficulties in holding
general elections to the Legislative Assembly of the State
concerned.".

39. Amendment of article 358.-Article 358 of the Constitution shall
be renumbered as clause (1) of that article, and-

(a) in clause (1) as so renumbered,-

(i) in the opening portion, for the words "while a Proclamation of
Emergency is in operation", the words "While a Proclamation of
Emergency declaring that the security of India or any part of the
territory thereof is treatened by war or by external aggression is in
operation" shall be substituted;

(ii) in the proviso, for the words "where a Proclamation of
Emergency", the words "where such Proclamation of Emergency" shall be
substituted;

(b) after clause (1) as so renumbered, the following clause shall be
inserted, namely:-

"(2) Nothing in clause (1) shall apply-

(a) to any law which does not contain a recital to the effect that
such law is in relation to the Proclamation of Emergency in operation
when it is made; or

(b) to any executive action taken otherwise than under a law
containing such a recital.".

40. Amendment of article 359.-In article 359 of the Constitution,-

(a) in clauses (1) and (1A), for the words and figures "the rights
conferred by Part III", the words, figures and brackets "the rights
conferred by Part III (except articles 20 and 21)" shall be
substituted;

(b) after clause (1A), the following clause shall be inserted,
namely:-

"(1B) Nothing in clause (1A) shall apply-

(a) to any law which does not contain a recital to the effect that
such law is in relation to the Proclamation of Emergency in operation
when it is made; or

(b) to any executive action taken otherwise than under a law
containing such a recital.".

41. Amendment of article 360.-In article 360 of the Constitution,-

(a) for clause (2), the following clause shall be substituted,
namely:-

"(2) A Proclamation issued under clause (1)-

(a) may be revoked or varied by a subsequent Proclamation;

(b) shall be laid before each House of Parliament;

(c) shall cease to operate at the expiration of two months, unless
before the expiration of that period it has been approved by
resolutions of both Houses of Parliament:

Provided that if any such Proclamation is issued at a time when the
House of the People has been dissolved or the dissolution of the House
of the People takes place during the period of two months referred to
in sub-clause (c), and if a resolution approving the Proclamation has
been passed by the Council of States, but no resolution with respect
to such Proclamation has been passed by the House of the People before
the expiration of that period, the Proclamation shall cease to operate
at the expiration of thirty days from the date on which the House of
the People first sits after its reconstitution unless before the
expiration of the said period of thirty days a resolution approving
the Proclamation has been also passed by the House of the People.";

(b) clause (5) shall be omitted.

42. Insertion of new article 361A.-After article 361 of the
Constitution, the following article shall be inserted, namely:-

`361A. Protection of publication of proceedings of Parliament and
State Legislatures.-(1) No person shall be liable to any proceedings,
civil or criminal, in any court in respect of the publication in a
newspaper of a substantially true report of any proceedings of either
House of Parliament or the Legislative Assembly, or, as the case may
be, either House of the Legislature, of a State, unless the
publication is proved to have been made with malice:

Provided that nothing in this clause shall apply to the publication of
any report of the proceedings of a secret sitting of either House of
Parliament or the Legislative Assembly, or, as the case may be, either
House of the Legislature, of a State.

(2) Clause (1) shall apply in relation to reports or matters broadcast
by means of wireless telegraphy as part of any programme or service
provided by means of a broadcasting station as it applies in relation
to reports or matters published in a newspaper.

Explanation.-In this article, "newspaper" includes a news agency
report containing material for publication in a newspaper.'.

43. Amendment of article 371F.-In article 371F of the Constitution,
in clause (c), for the words "six years", the words "five years" shall
be substituted, and for the words "five years" in both the places
where they occur, the words "four years" shall be substituted.

44. Amendment of the Ninth Schedule.- In the Ninth Schedule to the
Constitution, entries 87, 92 and 130 shall be omitted.

45. Amendment of the Constitution (Forty-second Amendment) Act,
1976.- In the Constitution (Forty-second Amendment) Act, 1976,
sections 18, 19, 21, 22, 31, 32, 34, 35, 58 and 59 shall be omitted.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (FORTY-FIFTH AMENDMENT)

Statement of Objects and Reasons appended to the Constitution
(Forty-fifth Amendment) Bill, 1980 (Bill No. 1 of 1980) which was
enacted as THE CONSTITUTION (Forty-fifth Amendment) Act, 1980

STATEMENT OF OBJECTS AND REASONS

Article 334 of the Constitution lays down that the provisions of the
Constitution relating to the reservation of seats for the Scheduled
Castes and the Scheduled Tribes and the representation of the
Anglo-Indian community by nomination in the Lok Sabha and in the
Legislative Assemblies of the States shall cease to have effect on the
expiration of a period of thirty years from the commencement of the
Constitution. Although the Scheduled Castes and the Scheduled Tribes
have made considerable progress in the last thirty years, the reasons
which weighed with the Constituent Assembly in making provisions with
regard to the aforesaid reservation of seats and nomination of
members, have not ceased to exist. It is, therefore, proposed to
continue the reservation for the Scheduled Castes and the Scheduled
Tribes and the representation of Anglo-Indians by nomination for a
further period of ten years.

2. The Bill seeks to achieve the above object.

NEW DELHI; ZAIL SINGH.

The 16th January, 1980.

THE CONSTITUTION (FORTY-FIFTH AMENDMENT)
ACT, 1980

[14th April, 1980.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Thirtieth Year of the Republic of
India as follows:-

1. Short title and commencement.- (1) This Act may be called the
Constitution (Forty-fifth Amendment) Act, 1980.

(2) It shall be deemed to have come into force on the 25th day of
January, 1980.

2. Amendment of article 334.-In article 334 of the Constitution for
the words "thirty years"; the words "forty years" shall be
substituted.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (FORTY-SIXTH AMENDMENT)

Statement of Objects and Reasons appended to the Constitution
(Forty-sixth Amendment) Bill, 1981 which was enacted as
THE CONSTITUTION (Forty-sixth Amendment) Act, 1982

STATEMENT OF OBJECTS AND REASONS

Sales tax laws enacted in pursuance of the Government of India Act,
1935 as also the laws relating to sales tax passed after the coming
into force of the Constitution proceeded on the footing that the
expression "sale of goods", having regard to the rule as to broad
interpretation of entries in the legislative lists, would be given a
wider connotation. However, in Gannon Dunkerley's case (A.I.R. 1958
S.C. 560), the Supreme Court held that the expression "sale of goods"
as used in the entries in the Seventh Schedule to the Constitution has
the same meaning as in the Sale of Goods Act, 1930. This decision
related to works contracts.

2. By a series of subsequent decisions, the Supreme Court has, on the
basis of the decision in Gannon Dunkerley's case, held various other
transactions which resemble, in substance, transactions by way of
sales, to be not liable to sales tax. As a result of these decisions,
a transaction, in order to be subject to the levy of sales tax under
entry 92A of the Union List or entry 54 of the State List, should have
the following ingredients, namely, parties competent to contract,
mutual assent and transfer of property in goods from one of the
parties to the contract to the other party thereto for a price.

3. This position has resulted in scope for avoidance of tax in
various ways. An example of this is the practice of inter-State
consignment transfers, i.e., transfer of goods from head office or a
principal in one State to a branch or agent in another State or vice
versa or transfer of goods on consignment account, to avoid the
payment of sales tax on inter-State sales under the Central Sales Tax
Act. While in the case of a works contract, if the contract treats
the sale of materials separately from the cost of the labour, the sale
of materials would be taxable, but in the case of an indivisible works
contract, it is not possible to levy sales tax on the transfer of
property in the goods involved in the execution of such contract as it
has been held that there is no sale of the materials as such and the
property in them does not pass as moveables. Though practically the
purchaser in a hire-purchase agreement gets the goods on the date of
the hire-purchase, it has been held that there is sale only when the
purchaser exercises the option to purchase at a much later date and
therefore only the depreciated value of the goods involved in such
transaction at the time the option to purchase is exercised becomes
assessable to sales tax. Similarly, while sale by a registered club
or other association of persons (the club or association of persons
having corporate status) to its members is taxable, sales by an
unincorporated club or association of persons to its members is not
taxable as such club or association, in law, has no separate existence
from that of the members. In the Associated Hotels of India case
(A.I.R. 1972 S.C. 1131), the Supreme Court held that there is no
sale involved in the supply of food or drink by a hotelier to a person
lodged in the hotel.

4. In the New India Sugar Mills case (A.I.R. 1963 S.C. 1207), the
Supreme Court took the view that in the transfer of controlled
commodities in pursuance of a direction under a Control Order, the
element of volition by the seller, or mutual assent, is absent and,
therefore, there is no sale as defined in the Sale of Goods Act, 1930.
However, in Oil and Natural Gas Commission Vs. State of Bihar (A.I.R.
1976 S.C. 2478), the Supreme Court had occasion to consider its
earlier decisions with regard to the liability of transfers of
controlled commodities to be charged to sales tax. The Supreme Court
held that where there are any statutory compulsions, the statute
itself should be treated as supplying the consensus and furnishing the
modality of the consensus. In Vishnu Agencies Vs. Commercial Tax
Officer (A.I.R. 1978 S.C. 449), six of the seven Judges concurred in
over-ruling the decision, in New India Sugar Mills case while the
seventh Judge held the case to be distinguishable. It is, therefore,
considered desirable to put the matter beyond any doubt.

5. The various problems connected with the power of the States to
levy a tax on the sale of goods and with the Central Sales Tax Act,
1956 were referred to the Law Commission of India. The Commission
considered these matters in their Sixty-first Report and, recommended,
inter alia, certain amendments in the Constitution if as a matter of
administrative policy it is decided to levy tax on transactions of the
nature mentioned in the preceding paragraphs.

6. Device by way of lease of films has also been resulting in
avoidance of sales tax. The main right in regard to a film relates to
its exploitation and after exploitation for a certain period of time,
in most cases, the film ceases to have any value. It is, therefore,
seen that instead of resorting to the outright sale of a film, only a
leased or transfer of the right to exploitation is made.

7. There were reports from State Governments to whom revenues from
sales tax have been assigned, as to the large scale avoidance of
Central sales tax leviable on inter-State sales of goods through the
device of consignment of goods from one State to another and as to the
leakage of local sales tax in works contracts, hire-purchase
transactions, lease of films, etc. Though Parliament could levy a tax
on these transactions, as tax on sales has all along been treated as
an item of revenue to be assigned to the States, in regard to these
transactions which resemble sales also, it is considered that the same
policy should be adopted.

8. Besides the above mentioned matters, a new problem has arisen as a
result of the decision of the Supreme Court in Northern India Caterers
(India) Ltd. Vs. Lt. Governor of Delhi (A.I.R. 1978 S.C. 1591).
States have been proceeding on the basis that the Associated Hotels of
India case was applicable only to supply of food or drink by a
hotelier to a person lodged in the hotel and that tax was leviable on
the sale of foodstuffs by a restaurant. But over-ruling the decision
of the Delhi High Court, the Supreme Court has held in the above case
that service of meals whether in a hotel or restaurant does not
constitute a sale of food for the purpose of levy of sales tax but
must be regarded as the rendering of a service in the satisfaction of
a human need or ministering to the bodily want of human beings. It
would not make any difference whether the visitor to the restaurant is
charged for the meal as a whole or according to each dish separately.

9. It is, therefore, proposed to suitably amend the Constitution to
include in article 366 a definition of "tax on the sale or purchase of
goods" by inserting a new clause (29A). The definition would
specifically include within the scope of that expression tax on---

(i) transfer for consideration of controlled commodities;

(ii) the transfer of property in goods involved in the execution of a
works contract;

(iii) delivery of goods on hire-purchase or any system of payment by
instalments;

(iv) transfer of the right to use any goods for any purpose for cash,
deferred payment or other valuable consideration;

(v) the supply of goods by an unincorporated association or body of
persons to a member thereof for cash, deferred payment or other
valuable consideration;

(vi) the supply, by way of or as part of any service, of food or any
drink for cash, deferred payment or other valuable consideration.
(See clause 4).

10. A new entry is sought to be inserted in the Union List in the
Seventh Schedule, as entry 92B, to enable the levy of tax on the
consignment of goods where such consignment takes place in the course
of inter-State trade or commerce. (See clause 5).

11. Clause (1) of article 269 is proposed to be amended so that the
tax levied on the consignment of goods in the course of inter-State
trade or commerce shall be assigned to the States. Clause (3) of that
article is proposed to be amended to enable Parliament to formulate by
law principles for determining when a consignment of goods takes place
in the course of inter-State trade or commerce. (See clause 2).

12. Clause (3) of article 286 is proposed to be amended to enable
Parliament to specify, by law, restrictions and conditions in regard
to the system of levy, rates and other incidents of the tax on the
transfer of goods involved in the execution of a works contract, on
the delivery of goods on hire-purchase or any system of payment by
instalments and on the right to use any goods. (See clause 3).

13. The proposed amendments would help in the augmentation of the
State revenues to a considerable extent. Cluase 6 of the Bill seeks
to validate laws levying tax on the supply of food or drink for
consideration and also the collection or recoveries made by way of tax
under any such law. However, no sales tax will be payable on food or
drink supplied by a hotelier to a person lodged in the hotel during
the period from the date of the judgment in the Associated Hotels of
India case and the commencement of the present Amendment Act if the
conditions mentioned in sub-clause (2) of clause 6 of the Bill are
satisfied. In the case of food or drink supplied by Restaurants this
relief will be available only in respect of the period after the date
of judgment in the Northern India Caterers (India) Limited case and
the commencement of the present Amendment Act.

14. The Bill seeks to achieve the above objects.

NEW DELHI; R. VENKATARAMAN.

The 18th March, 1981.

THE CONSTITUTION (FORTY-SIXTH AMENDMENT)
ACT, 1982

[2nd February, 1983.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Thirty-third Year of the Republic
of India as follows:-

1. Short title.-This Act may be called THE CONSTITUTION (Forty-sixth
Amendment) Act, 1982.

2. Amendment of article 269.-In article 269 of the Constitution,-

(a) in clause (1), after sub-clause (g), the following sub-clause
shall be inserted, namely:-

"(h) taxes on the consignment of goods (whether the consignment is to
the person making it or to any other person), where such consignment
takes place in the course of inter-State trade or commerce,";

(b) in clause (3), for the words "sale or purchase of goods", the
words "sale or purchase of, or consignment of goods" shall be
substituted.

3. Amendment of article 286.-In article 286 of the Constitution, for
clause (3), the following clause shall be substituted, namely:-

"(3) Any law of a State shall, in so far as it imposes, or authorises
the imposition of,-

(a) a tax on the sale or purchase of goods declared by Parliament by
law to be of special importance in inter-State trade or commerce; or

(b) a tax on the sale or purchase of goods, being a tax of the nature
referred to in sub-clause (b), sub-clause (c) or sub-clause (d) of
clause (29A) of article 366,

be subject to such restrictions and conditions in regard to the system
of levy, rates and other incidents of the tax as Parliament may by law
specify.".

4. Amendment of article 366.-In article 366 of the Constitution,
after clause (29), the following clause shall be inserted, namely:-

`(29A) "tax on the sale or purchase of goods" includes-

(a) a tax on the transfer, otherwise than in pursuance of a contract,
of property in any goods for cash, deferred payment or other valuable
consideration;

(b) a tax on the transfer of property in goods (whether as goods or in
some other form) involved in the execution of a works contract;

(c) a tax on the delivery of goods on hire-purchase or any system of
payment by instalments;

(d) a tax on the transfer of the right to use any goods for any
purpose (whether or not for a specified period) for cash, deferred
payment or other valuable consideration;

(e) a tax on the supply of goods by any unincorporated association or
body of persons to a member thereof for cash, deferred payment or
other valuable consideration;

(f) a tax on the supply, by way of or as part of any service or in any
other manner whatsoever, of goods, being food or any other article for
human consumption or any drink (whether or not intoxicating), where
such supply or service is for cash, deferred payment or other valuable
consideration,

and such transfer, delivery or supply of any goods shall be deemed to
be a sale of those goods by the person making the transfer, delivery
or supply and a purchase of those goods by the person to whom such
transfer, delivery or supply is made;'.

5. Amendment of Seventh Schedule.-In the Seventh Schedule to the
Constitution, in List I-Union List, after entry 92A, the following
entry shall be inserted, namely:-

"92B. Taxes on the consignment of goods (whether the consignment is
to the person making it or to any other person), where such
consignment takes place in the course of inter-State trade or
commerce.".

6. Validation and exemption.-(1) For the purposes of every provision
of the Constitution in which the expression "tax on the sale or
purchase of goods" occurs, and for the purposes of any law passed or
made, or purporting to have been passed or made, before the
commencement of this Act, in pursuance of any such provision,-

(a) the said expression shall be deemed to include, and shall be
deemed always to have included, a tax (hereafter in this section
referred to as the aforesaid tax) on the supply, by way of or as part
of any service or in any other manner whatsoever, of goods, being food
or any other article for human consumption or any drink (whether or
not intoxicating) for cash, deferred payment or other valuable
consideration; and

(b) every transaction by way of supply of the nature referred to in
clause (a) made before such commencement shall be deemed to be, and
shall be deemed always to have been, a transaction by way of sale,
with respect to which the person making such supply is the seller and
the person to whom such supply is made, is the purchaser,

and notwithstanding any judgment, decree or order of any court,
tribunal or authority, no law which was passed or made before such
commencement and which imposed or authorised the imposition of, or
purported to impose or authorise the imposition of, the aforesaid tax
shall be deemed to be invalid or ever to have been invalid on the
ground merely, that the Legislature or other authority passing or
making such law did not have competence to pass or make such law, and
accordingly:-

(i) all the aforesaid taxes levied or collected or purporting to have
been levied or collected under any such law before the commencement of
this Act shall be deemed always to have been validly levied or
collected in accordance with law;

(ii) no suit or other proceeding shall be maintained or continued in
any court or before any tribunal or authority for the refund of, and
no enforcement shall be made by any court, tribunal or authority of
any decree or order directing the refund of, any such aforesaid tax
which has been collected;

(iii) recoveries shall be made in accordance with the provisions of
such law of all amounts which would have been collected thereunder as
such aforesaid tax if this section had been in force at all material
times.

(2) Notwithstanding anything contained in sub-section (1), any supply
of the nature referred to therein shall be exempt from the aforesaid
tax-

(a) where such supply has been made, by any restaurant or eating house
(by whatever name called), at any time on or after the 7th day of
September, 1978 and before the commencement of this Act and the
aforesaid tax has not been collected on such supply on the ground that
no such tax could have been levied or collected at that time; or

(b) where such supply, not being any such supply by any restaurant or
eating house (by whatever name called), has been made at any time on
or after the 4th day of January, 1972 and before the commencement of
this Act and the aforesaid tax has not been collected on such supply
on the ground that no such tax could have been levied or collected at
that time:

Provided that the burden of proving that the aforesaid tax was not
collected on any supply of the nature referred to in clause (a) or, as
the case may be, clause (b), shall be on the person claiming the
exemption under this sub-section.

(3) For the removal of doubts, it is hereby declared that,-

(a) nothing in sub-section (1) shall be construed as preventing any
person-

(i) from questioning in accordance with the provisions of any law
referred to in that sub-section, the assessment, reassessment, levy or
collection of the aforesaid tax, or

(ii) from claiming refund of the aforesaid tax from him paid by him in
excess of the amount due from him under any such law; and

(b) no act or omission on the part of any person, before the
commencement of this Act, shall be punishable as an offence which
would not have been so punishable if this Act had not come into force.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (FORTY-SEVENTH AMENDMENT)

Statement of Objects and Reasons appended to the Constitution
(Forty-eighth Amendment) Bill, 1983 which was enacted as
the Constitution (Forty-seventh Amendment) Act, 1984

STATEMENT OF OBJECTS AND REASONS

Article 31B of the Constitution confers on the enactments included in
the Ninth Schedule to the Constitution immunity from any possible
attack that they are violative of any of the fundamental rights. The
immunity does not extend to any amendment made to such Acts after
their inclusion in the Ninth Schedule.

2. Recourse was had in the past to the Ninth Schedule whenever it was
found that progressive legislation conceived in the interest of the
public was imperilled by litigation. Several State enactments
relating to land reforms and ceiling on agricultural land holdings
have already been included in the Ninth Schedule. The Sixth Five Year
Plan (1980-85) contains an assurance that "necessary action would be
taken to bring before Parliament land reform Acts not yet included in
the Ninth Schedule to the Constitution for immediate inclusion in the
said Schedule" and that the same "would be done in the case of future
Acts without delay so that these laws are protected from challenge in
courts". The State Governments of Assam, Bihar, Haryana, Tamil Nadu,
Uttar Pradesh and West Bengal and the Administration of the Union
territory of Goa, Daman and Diu have suggested the inclusion of some
of their Acts relating to land reforms in the Ninth Schedule. Some of
the Acts suggested for inclusion are by way of amendments to Acts
already included in the Ninth Schedule. The various Acts which have
been suggested for inclusion have been examined and it is proposed to
include in the Ninth Schedule such of these Acts as have either been
challenged or are likely to be challenged and thereby ensure that the
implementation of these Acts is not adversely affected by litigation.

3. The Bill seeks to achieve the above object.

NEW DELHI: HARINATHA MISRA.

The 31st July, 1983.

THE CONSTITUTION (FORTY-SEVENTH AMENDMENT)
ACT, 1984

[26th August, 1984.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Thirty-fifth Year of the Republic
of India as follows:-

1. Short title.-This Act may be called the Constitution
(Forty-seventh Amendment) Act, 1984.

2. Amendment of the Ninth Schedule.-In the Ninth Schedule to the
Constitution, after entry 188 and before the Explanation, the
following entries shall be inserted, namely:-

"189. The Assam (Temporarily Settled Areas) Tenancy Act, 1971
(Assam Act XXIII of 1971).

190. The Assam (Temporarily Settled Areas) Tenancy (Amendment) Act,
1974 (Assam Act XVIII of 1974).

191. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition
of Surplus Land) (Amendment) (Amending) Act, 1974 (Bihar Act 13 of
1975).

192. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition
of Surplus Land) (Amendment) Act, 1976 (Bihar Act 22 of 1976).

193. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition
of Surplus Land) (Amendment) Act, 1978 (Bihar Act VII of 1978).

194. The Land Acquisition (Bihar Amendment) Act, 1979 (Bihar Act 2 of
1980).

195. The Haryana Ceiling on Land Holdings (Amendment) Act, 1977
(Haryana Act 14 of 1977).

196. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)
Amendment Act, 1978 (Tamil Nadu Act 25 of 1978).

197. The Tamil Nadu Land Reforms (Fixation of Act Ceiling on Land)
Amendment Act, 1979 (Tamil Nadu 11 of 1979).

198. The Uttar Pradesh Zamindari Abolition Laws (Amendment) Act, 1978
(Uttar Pradesh Act 15 of 1978).

199. The West Bengal Restoration of Alienated Land (Amendment) Act,
1978 (West Bengal Act XXIV of 1978).

200. The West Bengal Restoration of Alienated Land (Amendment) Act,
1980 (West Bengal Act LVI of 1980).

201. The Goa, Daman and Diu Agricultural Tenancy Act, 1964 (Goa,
Daman and Diu Act 7 of 1964).

202. The Goa, Daman and Diu Agricultural Tenancy (Fifth Amendment)
Act, 1976 (Goa, Daman and Diu Act 17 of 1976).".

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (FORTY-EIGHTH AMENDMENT)

Statement of Objects and Reasons appended to the Constitution
(Fiftieth Amendment) Bill, 1984 which was enacted as
THE CONSTITUTION (Forty-eighth Amendment) Act, 1984

STATEMENT OF OBJECTS AND REASONS

The Proclamation issued by the President under article 356 of the
Constitution on the 6th day of October, 1983 with respect to the State
of Punjab cannot be continued in force for more than one year unless
the special conditions mentioned in clause (5) of article 356 of the
Constitution are satisfied. Although the Legislative Assembly is in
suspended animation and a popular government can be installed, having
regard to the prevailing situation in the State, the continuance of
the Proclamation beyond 5th October, 1984 may be necessary. To
facilitate the adoption of a resolution by the two Houses of
Parliament approving the continuance in force of the Proclamation
beyond 5th October, 1984, it is necessary to amend article 356 of the
Constitution. It is therefore proposed to amend clause (5) of article
356 so as to make the conditions mentioned therein inapplicable for
the purposes of the continuance in force of the said Proclamation up
to a period of two years from the date of its issue.

NEW DELHI; P. V. NARASIMHA RAO.

The 13th August, 1984.

THE CONSTITUTION (FORTY-EIGHTH AMENDMENT)
ACT, 1984

[26th August, 1984.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Thirty-fifth Year of the Republic
of India as follows:-

1. Short title.-This Act may be called the Constitution (Forty-eighth
Amendment) Act, 1984.

2. Amendment of article 356.-In article 356 of the Constitution, in
clause (5), the following proviso shall be inserted at the end
namely:-

`Provided that in the case of the Proclamation issued under clause (1)
on the 6th day of October, 1983 with respect to the State of Punjab,
the reference in this clause to "any period beyond the expiration of
one year" shall be construed as a reference to "any period beyond the
expiration of two years".'.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (FORTY-NINTH AMENDMENT)

Statement of Objects and Reasons appended to the Constitution
(Fifty-first Amendment) Bill, 1984 which was enacted as
THE CONSTITUTION (Forty-ninth Amendment) Act, 1984

STATEMENT OF OBJECTS AND REASONS

The Tripura Legislative Assembly passed a resolution on the 19th
March, 1982 and again on the 11th February, 1983, urging the
Government of India to apply the provisions of the Sixth Schedule to
the Constitution to the tribal areas of the State of Triupura. The
State Government of Tripura, therefore, recommended amendment of the
Constitution for the purpose. Though under the Triupura Tribal Areas
Autonomous District Council Act, 1979, an autonomous District Council
has been functioning in the State, it was considered necessary to give
it Constitutional sanctity with a view to meet the aspirations of the
tribal population. The Council is expected to ensure rapid
development of tribal areas and self-governance by the tribals.

2. The Bill seeks to achieve the above objects.

NEW DELHI; P. V. NARASIMHA RAO.

The 14th August, 1984.

THE CONSTITUTION (FORTY-NINTH AMENDMENT)
ACT, 1984

[11th September, 1984.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Thirty-fifth Year of the Republic
of India as follows:-

1. Short title and commencement.-(1) This Act may be called the
Constitution (Forty-ninth Amendment) Act, 1984.

(2) It shall come into force on such date_669 as the Central
Government may, by notification in the Official Gazette, appoint.

2. Amendment of article 244.-In article 244 of the Constitution, in
clauses (1) and (2), for the words "and Meghalaya", the words
",Meghalaya and Tripura" shall be substituted.

3. Amendment of the Fifth Schedule.-In the Fifth Schedule to the
Constitution, in paragraph 1, for the words "and Meghalaya", the words
",Meghalaya and Tripura" shall be substituted.

4. Amendment of the Sixth Schedule.-In the Sixth Schedule to the
Constitution,-

(a) in the heading, for the words "and Meghalaya", the words ",
Meghalaya and Tripura" shall be substituted;

(b) in sub-paragraph (1) of paragraph I, for the words and figures
"Parts I and II", the words, figures and letter "Parts I,II and IIA"
shall be substituted;

(c) after paragraph 12A, the following paragraph shall be inserted,
namely:-

"12AA. Application of Acts of Parliament and of the Legislature of
the State of Tripura to the autonomous district and autonomous regions
in the State of Tripura.-Notwithstanding anything in this
Constitution,-

(a) if any provision of a law made by the District or a Regional
Council in the State of Tripura with respect to any matter specified
in sub-paragraph (1) of paragraph 3 of this Schedule or if any
provision of any regulation made by the District Council or a Regional
Council in that State under paragraph 8 or paragraph 10 of this
Schedule, is repugnant to any provision of a law made by the
Legislature of the State of Tripura with respect to the matter, then,
the law or regulation made by the District Council or, as the case may
be, the Regional Council whether made before or after the law made by
the Legislature of the State of Tripura, shall, to the extent of
repugnancy, be void and the law made by the Legislature of the State
of Tripura shall prevail;

(b) the President may, with respect to any Act of Parliament, by
notification, direct that it shall not apply to the autonomous
district or an autonomous region in the State of Tripura, or shall
apply to such district or region or any part thereof subject to such
exceptions or modifications as he may specify in the notification and
any such direction may be given so as to have retrospective effect.";

(d) in paragraph 17, after the words "or Meghalaya", at both the
places where they occur, the words "or Tripura" shall be inserted;

(e) in paragraph 20,-

(i) in sub-paragraph (1),-

(A) after the words and figures "in Parts I, II", the figures and
letter ", IIA" shall be inserted;

(B) after the words "the State of Meghalaya", the words ", the State
of Tripura" shall be inserted;

(ii) in sub-paragraph (2), for the words "Any reference in the table
below", the words and figures "Any reference in Part I, Part II or
Part III of the table below" shall be substituted;

(iii) after sub-paragraph (2), the following sub-paragraph shall be
inserted, namely:-

`(3) The reference in Part IIA in the table below to the "Tripura
Tribal Areas District" shall be construed as a reference to the
territory comprising the tribal areas specified in the First Schedule
to the Tripura Tribal Areas Autonomous District Council Act, 1979.';

(f) in the Table, after Part II and the entries relating thereto, the
following Part shall be inserted, namely:-

"PART IIA
Tripura Tribal Areas District.".

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (FIFTIETH AMENDMENT) ACT, 1984

Statement of Objects and Reasons appended to the Constitution (Fifty-second Amendment) Bill, 1984 (Bill No. 80 of 1984) which was enacted as THE CONSTITUTION (Fiftieth Amemdment) Act, 1984

STATEMENT OF OBJECTS AND REASONS

By article 33 of the Constitution, Parliament is empowered to enact laws determining to what extent any of the rights conferred by Part III of the Constitution shall, in their application to the members of the Armed Forces or the Forces charged with the maintenance of public order, be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them.

2. It is proposed to amend article 33 so as to bring within its ambit-

(i) the members of the Forces charged with the protection of property belonging to, or in the charge or possession of, the State; or

(ii) persons employed in any bureau or other organization established by the State for purposes of intelligence or counter intelligence; or

(iii) persons employed in, or in connection with, the telecommunication systems set up for the purposes of any Force, bureau or organisation.

Experience has revealed that the need for ensuring proper discharge of their duties and the maintenance of discipline among them is of paramount importance in the national interest.

3. The Bill seeks to achieve the above object.

NEW DELHI; P. V. NARASHIMHA RAO.
The 18th August, 1984

THE CONSTITUTION (FIFTIETH AMENDMENT) ACT, 1984

[11th September, 1984.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Thirty-fifth Year of the Republic of India as follows:-

1. Short title.-This Act may be called the Constitution (Fiftieth Amendment) Act, 1984.

2. Substitution of article 33.-For article 33 of the Constitution, the following article shall be substituted, namely:-

"33. Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.-Parliament may, by law, determine to what extent any of the rights conferred by this Part shall, in their application to,-

(a) the members of the Armed Forces; or

(b) the members of the Forces charged with the maintenance of public order; or

(c) persons employed in any bureau or other organisation established by the State for purposes of intelligence or counter intelligence; or

(d) persons employed in, or in connection with, the telecommunication systems set up for the purposes of any Force, bureau or organisation referred to in clauses (a) to (c),

be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them.".

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (FIFTY-FIRST AMENDMENT) ACT, 1984

Statement of Objects and Reasons appended to the Constitution
(Fifty-third Amendment) Bill, 1984 (Bill No. 81 of 1984) which was
enacted as THE CONSTITUTION (Fifty-first Amendment) Act, 1984

STATEMENT OF OBJECTS AND REASONS

The Meghalaya Legislative Assembly passed a resolution on 31st March,
1980 urging the Government of India to provide for reservation of
seats for Scheduled Tribes in the State Legislative Assembly and also
in the House of the People on the pattern obtaining in other States in
the country. The State Government, therefore, recommended amendment
of articles 330 and 332 of the Constitution. The Governments of
Nagaland, Arunachal Pradesh and Mizoram have also supported the
amendment in respect of their respective areas. It is, therefore,
proposed to amend article 330 of the Constitution to provide for
reservation of seats in the Lok Sabha for Scheduled Tribes in
Meghalaya, Nagaland, Arunachal Pradesh and Mizoram and article 332 to
provide for similar reservation in the Legislative Assemblies of
Nagaland and Meghalaya. The amendments have been proposed to meet the
aspirations of the local tribal population.

2. This Bill seeks to achieve the above object.

NEW DELHI; P. V. NARASIMHA RAO.

The 22nd August, 1984.

THE CONSTITUTION (FIFTY-FIRST AMENDMENT) ACT,
1984

[29th April, 1985.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Thirty-fifth Year of the Republic
of India as follows:-

1. Short title and commencement.-(1) This Act may be called the
Constitution (Fifty-first Amendment) Act, 1984.

(2) It shall come into force on such date_670 as the Central
Government may, by notification in the Official Gazette, appoint.

2. Amendment of article 330.-(1) In article 330 of the Constitution,
in clause (1), for sub-clause (b), the following sub-clause shall be
substituted, namely:-

"(b) the Scheduled Tribes except the Scheduled Tribes in the
autonomous districts of Assam; and".

(2) The amendment made to article 330 of the Constitution by
sub-section (1) shall not affect any representation in the House of
the People until the dissolution of the House of the People existing
at the commencement of this Act.

3. Amendment of article 332.-(1) In article 332 of the Con-
stitution, in clause (1), for the words "except the Scheduled Tribes
in the tribal areas of Assam, in Nagaland and in Meghalaya", the words
"except the Scheduled Tribes in the autonomous districts of Assam"
shall be substituted.

(2) The amendment made to article 332 of the Constitution by
sub-section (1) shall not affect any representation in the Legislative
Assembly of the State of Nagaland or the Legislative Assembly of the
State of Meghalaya until the dissolution of the Legislative Assembly
of the State of Nagaland or the Legislative Assembly of the State of
Meghalaya existing at the commencement of this Act.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (FIFTY-SECOND AMENDMENT) ACT, 1985

Statement of Objects and Reasons appended to the Constitution
(Fifty-second Amendment) Bill, 1985 (Bill No. 22 of 1985) which was
enacted as THE CONSTITUTION (Fifty-second Amendment) Act, 1985

STATEMENT OF OBJECTS AND REASONS

The evil of political defections has been a matter of national
concern. If it is not combated, it is likely to undermine the very
foundations of our democracy and the principles which sustain it.
With this object, an assurance was given in the Address by the
President to Parliament that the Government intended to introduce in
the current session of Parliament an anti-defection Bill. This Bill
is meant for outlawing defection and fulfilling the above assurance.

2. The Bill seeks to amend the Constitution to provide that an
elected member of Parliament or a State Legislature, who has been
elected as a candidate set up by a political party and a nominated
member of Parliament or a State Legislature who is a member of a
political party at the time he takes his seat or who becomes a member
of a political party within six months after he takes his seat would
be disqualified on the ground of defection if he voluntarily
relinquishes his membership of such political party or votes or
abstains from voting in such House contrary to any direction of such
party or is expelled from such party. An independent member of
Parliament or a State Legislature shall also be disqualified if he
joins any political party after his election. A nominated member of
Parliament or a State Legislature who is not a member of a political
party at the time of his nomination and who has not become a member of
any political party before the expiry of six months from the date on
which he takes his seat shall be disqualified if he joins any
political party after the expiry of the said period of six months.
The Bill also makes suitable provisions with respect to splits in, and
mergers of, political parties. A special provision has been included
in the Bill to enable a person who has been elected as the presiding
officer of a House to sever his connections with his political party.
The question as to whether a member of a House of Parliament or State
Legislature has become subject to the proposed disqualification will
be determined by the presiding officer of the House; where the
question is with reference to the presiding officer himself, it will
be decided by a member of the House elected by the House in that
behalf.

3. The Bill seeks to achieve the above objects.

NEW DELHI; A. K. SEN.

The 23rd January, 1985.

THE CONSTITUTION (FIFTY-SECOND AMENDMENT)
ACT, 1985

[15th February, 1985.]

An Act further to amend the Constitution of India.

BE it enacted Parliament in the Thirty-sixth Year of the Republic of
India as follows:-

1. Short title and commencement.-(1) This Act may be called the
Constitution (Fifty-second Amendment) Act, 1985.

(2) It shall come into force on such date_671 as the Central
Government may, by notification in the Official Gazette, appoint.

2. Amendment of article 101.-In article 101 of the Constitution, in
sub-clause (a) of clause (3), for the words, brackets and figures
"clause (1) of article 102", the words, brackets and figures "clause
(1) or clause (2) of article 102" shall be substituted.

3. Amendment of article 102.-In article 102 of the Constitution,-

(a) for the brackets, figure and words "(2) For the purposes of this
article", the words "Explanation.-For the purposes of this clause"
shall be substituted;

(b) the following clause shall be inserted at the end, namely:-

"(2) A person shall be disqualified for being a member of either House
of Parliament if he is so disqualified under the Tenth Schedule.".
4. Amendment of article 190.-In article 190 of the Constitution, in
sub-clause (a) of clause (3), for the words, brackets and figures
"clause (1) of article 191", the words, brackets and figures "clause
(1) or clause (2) of article 191" shall be substituted.

5. Amendment of article 191.-In article 191 of the Constitution,-

(a) for the brackets, figure and words "(2) For the purposes of this
article", the words "Explanation.- For the purposes of this clause"
shall be substituted;

(b) the following clause shall be inserted at the end, namely:-

"(2) A person shall be disqualified for being a member of the
Legislative Assembly or Legislative Council of a State if he is so
disqualified under the Tenth Schedule.".

6. Addition of Tenth Schedule.-After the Ninth Schedule to the
Constitution, the following Schedule shall be added, namely:--

6TENTH SCHEDULE

[Articles 102(2) and 191(2)]

Provisions as to disqualification on ground of defection

1. Interpretation.-In this Schedule, unless the context otherwise
requires,-

(a) "House" means either House of Parliament or the Legislative
Assembly or, as the case may be, either House of the Legislature of a
State;

(b) "legislature party", in relation to a member of a House belonging
to any political party in accordance with the provisions of paragraph
2 or paragraph 3 or, as the case may be, paragraph 4, means the group
consisting of all the members of that House for the time being
belonging to that political party in accordance with the said
provisions;

(c) "original political party", in relation to a member of a House,
means the political party to which he belongs for the purposes of
sub-paragraph (1) of paragraph 2;

(d) "paragraph" means a paragraph of this Schedule.

2. Disqualification on ground of defection.-(1) Subject to the
provisions of paragraphs 3, 4 and 5, a member of a House belonging to
any political party shall be disqualified for being a member of the
House-

(a) if he has voluntarily given up his membership of such political
party; or

(b) if he votes or abstains from voting in such House contrary to any
direction issued by the political party to which he belongs or by any
person or authority authorised by it in this behalf, without
obtaining, in either case, the prior permission of such political
party, person or authority and such voting or abstention has not been
condoned by such political party, person or authority within fifteen
days from the date of such voting or abstention.

Explanation.-For the purposes of this sub-paragraph,-

(a) an elected member of a House shall be deemed to belong to the
political party, if any, by which he was set up as a candidate for
election as such member;

(b) a nominated member of a House shall-

(i) where he is a member of any political party on the date of his
nomination as such member, be deemed to belong to such political
party;

(ii) in any other case, be deemed to belong to the political party of
which he becomes, or, as the case may be, first becomes, a member
before the expiry of six months from the date on which he takes his
seat after complying with the requirements of article 99 or, as the
case may be, article 188.

(2) An elected member of a House who has been elected as such
otherwise than as a candidate set up by any political party shall be
disqualified for being a member of the House if he joins any political
party after such election.

(3) A nominated member of a House shall be disqualified for being a
member of the House if he joins any political party after the expiry
of six months from the date on which he takes his seat after complying
with the requirements of article 99 or, as the case may be, article
188.

(4) Notwithstanding anything contained in the foregoing provisions of
this paragraph, a person who, on the commencement of the Constitution
(Fifty-second Amendment) Act, 1985, is a member of a House (whether
elected or nominated as such) shall,-

(i) where he was a member of a political party immediately before such
commencement, be deemed for the purposes of sub-paragraph (1) of this
paragraph, to have been elected as a member of such House as a
candidate set up by such political party;

(ii) in any other case, be deemed to be an elected member of the House
who has been elected as such otherwise than as a candidate set up by
any political party for the purposes of sub-paragraph (2) of this
paragraph or, as the case may be, deemed to be a nominated member of
the House for the purposes of sub-paragraph (3) of this paragraph.

3. Disqualification on ground of defection not to apply in case of
split.- Where a member of a House makes a claim that he and any other
members of his legislature party constitute the group representing as
faction which has arisen as a result of a split in his original
political party and such group consists of not less than one-third of
the members of such legislature party,-

(a) he shall not be disqualified under sub-paragraph (1) of
paragraph 2 on the ground-

(i) that he has voluntarily given up his membership of his original
political party; or

(ii) that he has voted or abstained from voting in such House contrary
to any direction issued by such party or by any person or authority
authorised by it in that behalf without obtaining the prior permission
of such party, person or authority and such voting or abstention has
not been condoned by such party, person or authority within fifteen
days from the date of such voting or abstention; and

(b) from the time of such split, such faction shall be deemed to be
the political party to which he belongs for the purposes of
sub-paragraph (1) of paragraph 2 and to be his original political
party for the purposes of this paragraph.

4. Disqualification on ground of defection not to apply in case of
merger.-(1) A member of a House shall not be disqualified under
sub-paragraph (1) of paragraph 2 where his original political party
merges with another political party and he claims that he and any
other members of his original political party-

(a) have become members of such other political party or, as the case
may be, of a new political party formed by such merger; or

(b) have not accepted the merger and opted to function as a separate
group,

and from the time of such merger, such other political party or new
political party or group, as the case may be, shall be deemed to be
the political party to which he belongs for the purposes of
sub-paragraph (1) of paragraph 2 and to be his original political
party for the purposes of this sub-paragraph.

(2) For the purposes of sub-paragraph (1) of this paragraph, the
merger of the original political party of a member of a House shall be
deemed to have taken place if, and only if, not less than two-thirds
of the members of the legislature party concerned have agreed to such
merger.

5. Exemption.- Notwithstanding anything contained in this Schedule, a
person who has been elected to the office of the Speaker or the Deputy
Speaker of the House of the People or the Deputy Chairman of the
Council of States or the Chairman or the Deputy Chairman of the
Legislative Council of a State or the Speaker or the Deputy Speaker of
the Legislative Assembly of a State, shall not be disqualified under
this Schedule,-

(a) if he, by reason of his election to such office, voluntarily gives
up the membership of the political party to which he belonged
immediately before such election and does not, so long as he continues
to hold such office thereafter, rejoin that political party or become
a member of another political party; or

(b) if he, having given up by reason of his election to such office
his membership of the political party to which he belonged immediately
before such election, rejoins such political party after he ceases to
hold such office.

6. Decision on questions as to disqualification on ground of
defection.-(1) If any question arises as to whether a member of a
House has become subject to disqualification under this Schedule, the
question shall be referred for the decision of the Chairman or, as the
case may be, the Speaker of such House and his decision shall be
final:

Provided that where the question which has arisen is as to whether the
Chairman or the Speaker of a House has become subject to such
disqualification, the question shall be referred for the decision of
such member of the House as the House may elect in this behalf and his
decision shall be final.

(2) All proceedings under sub-paragraph (1) of this paragraph in
relation to any question as to disqualification of a member of a House
under this Schedule shall be deemed to be proceedings in Parliament
within the meaning of article 122 or, as the case may be, proceedings
in the Legislature of a State within the meaning of article 212.

7. Bar of jurisdiction of courts.-Notwithstanding anything in this
Constitution, no court shall have any jurisdiction in respect of any
matter connected with the disqualification of a member of a House
under this Schedule.

8. Rules.-(1) Subject to the provisions of sub-paragraph (2) of this
paragraph, the Chairman or the Speaker of a House may make rules for
giving effect to the provisions of this Schedule, and in particular,
and without prejudice to the generality of the foregoing, such rules
may provide for-

(a) the maintenance of registers or other records as to the political
parties, if any, to which different members of the House belong;

(b) the report which the leader of a legislature party in relation to
a member of a House shall furnish with regard to any condonation of
the nature referred to in clause (b) of sub-paragraph (1) of paragraph
2 in respect of such member, the time within which and the authority
to whom such report shall be furnished;

(c) the reports, which a political party shall furnish with regard to
admission to such political party of any members of the House and the
officer of the House to whom such reports shall be furnished; and

(d) the procedure for deciding any question referred to in
sub-paragraph (1) of paragraph 6 including the procedure for any
inquiry which may be made for the purpose of deciding such question.

(2) The rules made by the Chairman or the Speaker of a House under
sub-paragraph (1) of this paragraph shall be laid as soon as may be
after they are made before the House for a total period of thirty days
which may be comprised in one session or in two or more successive
sessions and shall take effect upon the expiry of the said period of
thirty days unless they are sooner approved with or without
modifications or disapproved by the House and where they are so
approved, they shall take effect on such approval in the form in which
they were laid or in such modified form, as the case may be, and where
they are so disapproved, they shall be of no effect.

(3) The Chairman or the Speaker of a House may, without prejudice to
the provisions of article 105 or, as the case may be, article 194, and
to any other power which he may have under this Constitution direct
that any wilful contravention by any person of the rules made under
this paragraph may be dealt with in the same manner as a breach of
privilege of the House.'.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (FIFTY-THIRD AMENDMENT) ACT, 1986

Statement of Objects and Reasons appended to the Constitution
(Fifty-third Amendment) Bill, 1986 (Bill No. 88 of 1986) which was
enacted as THE CONSTITUTION (Fifty-third Amendment) Act, 1986

STATEMENT OF OBJECTS AND REASONS

On the 30th June, 1986, a Memorandum of Settlement on Mizoram was
signed by the Government of India and the Government of Mizoram with
the Mizo National front which envisages among other things the
conferment of statehood on the Union territory of Mizoram subject to
the other stipulations contained in the Memorandum. Paragraph 4.2 of
the Memorandum provides that to give effect to the decision "all the
necessary legislative and administrative measures will be undertaken,
including those for the enactment of Bills for the amendment of the
Constitution and other laws for the conferment of statehood as
aforesaid, to come into effect on a date to be notified by the Central
Government".

2. Paragraph 4.3 of the Memorandum provides as follows:-

Acts of Parliament shall not apply to the new State of Mizoram unless
so decided by the Mizoram Legislature with regard to-

(i) religious or social practices of Mizos;

(ii) Mizo customary law and procedure;

(iii) administration of civil and criminal justice involving
decisions according to Mizo Customary law;

(iv) ownership and transfer of land.

The above provision will not, however, apply in the case of Central
Acts which are in force in the Union territory of Mizoram immediately
before the date on which THE CONSTITUTION (Amendment) Act comes into
force.

3. The Memorandum also provides that the Legislative Assembly of the
proposed new State of Mizoram will consist of not less than forty
members.

4. As the matters specified in paragraphs 2 and 3 are peculiar to the
proposed new State of Mizoram, provisions with respect thereto have to
be made in the Constitution itself. This Bill accordingly seeks to
amend the Constitution to provide for the aforesaid matters. A
separate Bill for the establishment of the new State relatable to
article 2 is also being introduced.

NEW DELHI; BUTA SINGH.

The 1st August, 1986.

ACT, 1986

THE CONSTITUTION (FIFTY-THIRD AMENDMENT)
ACT, 1986

[14th August, 1986.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Thirty-seventh Year of the Republic
of India as follows:-

1. Short title and commencement.-(1) This Act may be called the
Constitution (Fifty-third Amendment) Act, 1986.

(2) It shall come into force on such date_672 as the Central
Government may, by notification in the Official Gazette, appoint.

2. Insertion of new article 371G.-After article 371F of the
Constitution, the following article shall be inserted, namely:-

"371G. Special provision with respect to the State of
Mizoram.-Notwithstanding anything in this Constitution,-

(a) no Act of Parliament in respect of-

(i) religious or social practices of the Mizos,

(ii) Mizo customary law and procedure,

(iii) administration of civil and criminal justice involving decisions
according to Mizo customary law,

(iv) ownership and transfer of land,

shall apply to the State of Mizoram unless the Legislative Assembly of
the State of Mizoram by a resolution so decides:

Provided that nothing in this clause shall apply to any Central Act in
force in the Union territory of Mizoram immediately before the
commencement of THE CONSTITUTION (Fifty-third Amendment) Act, 1986;

(b) the Legislative Assembly of the State of Mizoram shall consist of
not less than forty members.".

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (FIFTY-FOURTH AMENDMENT) ACT, 1986

Statement of Objects and Reasons appended to the Constitution
(Fifty-fourth Amendment) Bill, 1986 which was enacted as
the Constitution (Fifty-fourth Amendment) Act, 1986

STATEMENT OF OBJECTS AND REASONS

The salaries of Judges of the Supreme Court and the High Courts are
governed by the provisions of Part D of the Second Schedule to the
Constitution of India as indicated below:

Chief Justice of India Rs. 5,000 per month
Judges of the Supreme Court Rs. 4,000 per month
Chief Justice of a High Court Rs. 4,000 per month
Judges of a High Court Rs. 3,500 per month

2. These salaries have remained static since 1950, despite high
inflation and price rise that has taken place during all these years.
The Joint Conference of Chief Justices, Chief Ministers and Law
Ministers of the States held on 31st August and 1st September, 1985,
inter alia, discussed and recommended improvement in service
conditions of Judges including increase in their salaries, not only to
minimise the inflationary pressures on them but also to attract best
talents in the country to man the judicial posts.

3. Having considered all aspects of the matter, it is proposed to
increase the salaries of the Judges as detailed below:

Chief Justice of India Rs. 10,000 per month
Judges of the Supreme Court Rs. 9,000 per month
Chief Justice of a High Court Rs. 9,000 per month
Judges of a High Court Rs. 8,000 per month

4. This Bill seeks to amend Part D of the Second Schedule to the
Constitution to give effect to the above increases in the salaries of
Judges and to make an enabling provision in articles 125 and 221 to
provide for changes in the salaries of Judges in future by Parliament
by law.

NEW DELHI; A. K. SEN.

The 4th August, 1986.

THE CONSTITUTION (FIFTY-FOURTH AMENDMENT)
ACT, 1986

[14th March, 1987.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Thirty-seventh Year of the Republic
of India as follows:-

1. Short title and commencement.-(1) This Act may be called the
Constitution (Fifty-fourth Amendment) Act, 1986.

(2) It shall be deemed to have come into force on the 1st day of
April, 1986.

2. Amendment of article 125.-In article 125 of the Constitution, for
clause (1), the following clause shall be substituted, namely:-

"(1) There shall be paid to the Judges of the Supreme Court such
salaries as may be determined by Parliament by such law and, until
provision in that behalf is so made, salaries as are specified in the
Second Schedule.".

3. Amendment of article 221.-In article 221 of the Constitution, for
clause (1), the following clause shall be substituted, namely:-

"(1) There shall be paid to the Judges of each High Court such
salaries as may be determined by Parliament by such law and, until
provision in that behalf is so made, salaries as are specified in the
Second Schedule.".

4. Amendment of Second Schedule.-In the Second Schedule to the
Constitution, in Part D,-

(a) in sub-paragraph (1) of paragraph 9,-

(i) for the figures and word "5,000 rupees", the figures and word
"10,000 rupees" shall be substituted;

(ii) for the figures and word "4,000 rupees", the figures and word
"9,000 rupees" shall be substituted;

(b) in sub-paragraph (1) of paragraph 10,-

(i) for the figures and word "4,000 rupees", the figures and word
"9,000 rupees" shall be substituted;

(ii) for the figures and word "3,500 rupees", the figures and word
"8,000 rupees" shall be substituted.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (FIFTY-FIFTH AMENDMENT) ACT, 1986

Statement of Objects and Reasons appended to the Constitution
(Fifty-fifth Amendment) Bill, 1986 which was enacted as
THE CONSTITUTION (Fifty-fifth Amendment) Act, 1986

STATEMENT OF OBJECTS AND REASONS

The Government of India have proposed to confer statehood on the Union
territory of Arunachal Pradesh. It has also been proposed as
follows:-

(i) Having regard to the sensitive location of Arunachal Pradesh, the
Governor of the proposed new State shall have special responsibility
with respect to law and order in the State and in the discharge of his
functions thereto, the Governor shall, after consulting the Council of
Ministers, exercise his individual judgment as to the action to be
taken and this special responsibility of the Governor shall cease when
the President by order so directs;

(ii) the Legislative Assembly of the new State of Arunachal Pradesh
shall consist of forty members. But as it is proposed to make the
existing thirty-member Legislative Assembly of the Union territory of
Arunachal Pradesh to be the provisional Legislative Assembly for the
new State of Arunachal Pradesh until elections are held on the expiry
of the five year term of the existing Assembly, it is proposed to
provide that the Legislative Assembly of the new State of Arunachal
Pradesh shall consist of not less than thirty members.

2. In order to give effect to the above proposals, it is necessary to
make special provisions in the Constitution. This Bill accordingly
seeks to amend the Constitution to provide for the aforesaid matters.
A separate Bill for the establishment of the new State relatable to
article 2 is also being introduced.

NEW DELHI; BUTA SINGH.

The 1st December, 1986.

THE CONSTITUTION (FIFTY-FIFTH AMENDMENT)
ACT, 1986

[23rd December, 1986.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Thirty-seventh Year of the Republic
of India as follows:-

1. Short title and commencement.-(1) This Act may be called the
Constitution (Fifty-fifth Amendment) Act, 1986.

(2) It shall come into force on such date_673 as the Central
Government may, by notification in the Official Gazette, appoint.

2. Insertion of new article 371H.- After article 371G of
the Constitution, the following article shall be inserted, namely:-

"371H. Special provision with respect to the State of Arunachal
Pradesh.- Notwithstanding anything in this Constitution,-

(a) the Governor of Arunachal Pradesh shall have special
responsibility with respect to law and order in the State of Arunachal
Pradesh and in the discharge of his functions in relation thereto, the
Governor shall, after consulting the Council of Ministers, exercise
his individual judgment as to the action to be taken:

Provided that if any question arises whether any matter is or is not a
matter as respects which the Governor is under this clause required to
act in the exercise of his individual judgment, the decision of the
Governor in his discretion shall be final, and the validity of
anything done by the Governor shall not be called in question on the
ground that he ought or ought not to have acted in the exercise of his
individual judgment:

Provided further that if the President on receipt of a report from the
Governor or otherwise is satisfied that it is no longer necessary for
the Governor to have special responsibility with respect to law and
order in the State of Arunachal Pradesh, he may by order direct that
the Governor shall cease to have such responsibility with effect from
such date as may be specified in the order;

(b) the Legislative Assembly of the State of Arunachal Pradesh shall
consist of not less than thirty members.".

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (FIFTY-SIXTH AMENDMENT) ACT, 1987

Statement of Objects and Reasons appended to the Constitution
(Fifty-seventh Amendment) Bill, 1987 which was enacted as
THE CONSTITUTION (Fifty-sixth Amendment) Act, 1987

STATEMENT OF OBJECTS AND REASONS

The Government of India have proposed to constitute the territories
comprised in the Goa District of the Union territory of Goa, Daman and
Diu as the State of Goa and the territories comprised in the Daman and
Diu districts of that Union territory as a new Union territory of
Daman and Diu. In this context, it is proposed that the Legislative
Assembly of the new State of Goa shall consist of forty members. The
existing Legislative Assembly of the Union territory of Goa, Daman and
Diu has thirty elected members and three nominated members. It is
intended to make this Assembly with the exclusion of two members
representing Daman and Diu Districts, the provisional Legislative
Assembly for the new State of Goa until elections are held on the
expiry of the five year term of the existing Assembly. It is,
therefore, proposed to provide that the Legislative Assembly of the
new State of Goa shall consist of not less than 30 members.

2. In order to give effect to the above proposal, it is necessary to
make a special provision in the Constitution. This Bill accordingly
seeks to amend the Constitution. A separate Bill for the
re-organisation of the existing Union territory of Goa, Daman and Diu
so as to form the new State of Goa is also being introduced.

NEW DELHI; BUTA SINGH.

The 6th May, 1987.

THE CONSTITUTION (FIFTY-SIXTH AMENDMENT)
ACT, 1987

[23rd May, 1987.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Thirty-eighth Year of the Republic
of India as follows:-

1. Short title and commencement.-(1) This Act may be called the
Constitution (Fifty-sixth Amendment) Act, 1987.

(2) It shall come into force on such date_674 as the Central
Government may, by notification in the Official Gazette, appoint.

2. Insertion of new article 371-I.-After article 371H of the
Constitution, the following article shall be inserted, namely:-

"371-I. Special provision with respect to the State of Goa.-
Notwithstanding anything in this Constitution, the Legislative
Assembly of the State of Goa shall consist of not less than thirty
members.".

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (FIFTY-SEVENTH AMENDMENT) ACT, 1987

Statement of Objects and Reasons appended to the Constitution
(Fifty-eighth Amendment) Bill, 1987 which was enacted as
THE CONSTITUTION (Fifty-seventh Amendment) Act, 1987

STATEMENT OF OBJECTS AND REASONS

The Constitution (Fifty-first Amendment) Act, 1984 was enacted to
provide for reservation of seats in the House of the People for the
Scheduled Tribes in Nagaland, Meghalaya, Mizoram and Arunachal Pradesh
and also for reservation of seats for Scheduled Tribes in the
Legislative Assemblies of Nagaland and Meghalaya by suitably amending
articles 330 and 332. Even though these States are predominantly
tribal areas, the underlying objective of the aforesaid Act was to
ensure that the members of the Scheduled Tribes in these areas do not
fair to secure a minimal representation because of their inability to
complete with the advanced sections of the people.

2. The Constitution (Fifty-first Amendment) Act, though formally
enforced, cannot be fully implemented unless parallel action is taken
to determine the seats which are to be reserved for Scheduled Tribes
in these areas. The number of seats reserved for Scheduled Castes and
Scheduled Tribes in the Legislative Assembly of any State under
article 332 of the Constitution will have to be determined having
regard to the provisions of article 332(3) of the Constitution.
However, in view of the historical background with respect to the
areas comprised in the North-Eastern States, the circumstances
obtaining in these areas in the state of development of the Scheduled
Tribes in these areas and other relevant considerations, it is
considered necessary to provide for special arrangements with regard
to the reservation for Scheduled Tribes in these areas for a temporary
period so as to facilitate easy transition of these areas to the
normal arrangements as envisaged in the Constitution. It is,
therefore, proposed to further amend article 332 of the Constitution
for making a temporary provision, until the re-adjustment of seats on
the basis of the first census after the year 2000 under article 170 of
the Constitution for these States, for the determination of the number
of seats reserved for Scheduled Tribes.

3. The proposed amendment seeks to provide that if all the seats in
the Legislative Assembly of such States in existence on the date of
coming into force of this Constitution Amendment Act are held by the
members of the Scheduled Tribes, all the seats except one shall be
reserved for Scheduled Tribes and in any other case such number of
seats as bears to the total number of seats a proportion not less than
the number of members belonging to the Scheduled Tribes in the
existing Assembly bears to the total number of seats in the existing
Assembly.

4. The Bill seeks to achieve the above object.

NEW DELHI; BUTA SINGH.

The 25th August, 1987.

THE CONSTITUTION (FIFTY-SEVENTH AMENDMENT)
ACT, 1987

[15th September, 1987.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Thirty-eighth Year of the Republic
of India as follows:-

1. Short title and commencement.-(1) This Act may be called the
Constitution (Fifty-seventh Amendment) Act, 1987.

(2) It shall come into force on such date_675 as the Central
Government may, by notification in the Official Gazette, appoint.

2. Amendment of article 332.-(1) In article 332 of the
Constitution, after clause (3), the following clause shall be
inserted, namely:-

"(3A) Notwithstanding anything contained in clause (3), until the
taking effect, under article 170, of the re-adjustment, on the basis
of the first census after the year 2000, of the number of seats in the
Legislative Assemblies of the States of Arunachal Pradesh, Megha-
laya, Mizoram and Nagaland, the seats which shall be reserved for the
Scheduled Tribes in the Legislative Assembly of any such State shall
be,-

(a) if all the seats in the Legislative Assembly of such State in
existence on the date of coming into force of the Constitution
(Fifty-seventh Amendment) Act, 1987 (hereafter in this clause referred
to as the existing assembly) are held by members of the Scheduled
Tribes, all the seats except one;

(b) in any other case, such number of seats as bears to the total
number of seats, a proportion not less than the number (as on the said
date) of members belonging to the Scheduled Tribes in the existing
Assembly bears to the total number of seats in the existing
Assembly.".

(2) The amendment made to article 332 of the Constitution by sub-
section (1) shall not affect any representation in the Legislative
Assembly of the State of Arunachal Pradesh or the Legislative Assembly
of the State of Meghalaya or the Legislative Assembly of the State of
Mizoram or the Legislative Assembly of the State of Nagaland until the
dissolution of the Legislative Assembly of the State of Arunachal
Pradesh or the Legislative Assembly of the State of Meghalaya or the
Legislative Assembly of the State of Mizoram or the Legislative
Assembly of the State of Nagaland existing at the commencement of this
Act.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (FIFTY-EIGHTH AMENDMENT) ACT, 1987

Statement of Objects and Reasons appended to the Constitution
(Fifty-sixth Amendment) Bill, 1987 which was enacted as
THE CONSTITUTION (Fifty-eighth Amendment) Act, 1987

STATEMENT OF OBJECTS AND REASONS

The Constitution of India was adopted by the Constituent Assembly in
English. A Hindi translation of the Constitution, signed by the
members of the Constituent Assembly, was also published in 1950 under
the authority of the President of the Constituent Assembly in
accordance with a resolution adopted by that Assembly.

2. There has been a general demand for the publication of an
authoritative text of the Constitution in Hindi incorporating therein
all the subsequent amendments. It is also imperative to have an
authoritative text of the Constitution for facilitating its use in the
legal process. Any Hindi version of the Constitution should not only
conform to the Hindi translation published by the Constituent
Assembly, but should also be in conformity with the language, style
and terminology adopted in the authoritative texts of Central Acts in
Hindi. It is, therefore, proposed to amend the Constitution so as to
empower the President of India to publish under his authority the
translation of the Constitution in Hindi signed by the members of the
Constituent Assembly with such modifications as may be necessary to
bring it in conformity with the language, style and terminology
adopted in the authoritative texts of Central Acts in the Hindi
language. The President would also be authorised to publish the
translation in Hindi of every amendment of the Constitution made in
English.

3. The Bill seeks to achieve the aforesaid objects.

NEW DELHI; BUTA SINGH.

The 17th February, 1987.

THE CONSTITUTION (FIFTY-EIGHTH AMENDMENT)
ACT, 1987

[9th December, 1987.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Thirty-eighth Year of the Republic
of India as follows:-

1. Short title.-This Act may be called the Constitution
(Fifty-eighth Amendment) Act, 1987.

2. Amendment of the heading of Part XXII.-In Part XXII of the
Constitution, in the heading, after the word, "COMMENCEMENT", the
words ", AUTHORITATIVE TEXT IN HINDI" shall be inserted.

3. Insertion of new article 394A.-After article 394 of the
Constitution, the following article shall be inserted, namely:-

"394A. Authoritative text in the Hindi language.- (1) The President
shall cause to be published under his authority,-

(a) the translation of this Constitution in the Hindi language, signed
by the members of the Constituent Assembly, with such modifications as
may be necessary to bring it in conformity with the language, style
and terminology adopted in the authoritative texts of Central Acts in
the Hindi language, and incorporating therein all the amendments of
this Constitution made before such publication; and

(b) the translation in the Hindi language of every amendment of this
Constitution made in the English language.

(2) The translation of this Constitution and of every amendment
thereof published under clause (1) shall be construed to have the same
meaning as the original thereof and if any difficulty arises in so
construing any part of such translation, the President shall cause the
same to be revised suitably.

(3) The translation of this Constitution and of every amendment
thereof published under this article shall be deemed to be, for all
purposes, the authoritative text thereof in the Hindi language.".

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (FIFTY-NINTH AMENDMENT) ACT, 1988

Statement of Objects and Reasons appended to the Constitution
(Fifty-ninth Amendment) Bill, 1988 which was enacted as
THE CONSTITUTION (Fifty-ninth Amendment) Act, 1988

STATEMENT OF OBJECTS AND REASONS

Under clause (5) of article 356 of the Constitution, a resolution
approving the continuance in force of a Presidential Proclamation
issued under clause (1) of that article beyond a period of one year
cannot be passed by either House of Parliament unless the two
conditions specified in that clause are met. The one-year period in
the case of the Proclamation made with respect to the State of Punjab
is due to expire on the 10th May, 1988. In view of the continued
disturbed situation in Punjab, escalation in the activities of
terrorists and anti-national forces resulting in the death of innocent
men, women and children and of the fact that the Punjab State
Legislative Assembly had to be dissolved because of the virtual
impossibility of forming a popular Government in the prevailing
circumstances, the continuance in force of the said Proclamation
beyond the period of one year may be necessary in Punjab. Article
356(5) of the Constitution is, therefore, proposed to be amended so as
to facilitate the extension of the said Proclamation, if necessary up
to a period of three years as permissible under clause (4) of that
article.

The continuance of the Proclamation after the 10th May, 1988 may not,
it is felt, be effective as terrorist activities had been on the
increase. It may be necessary to invoke the provisions of article 352
of the Constitution to declare a partial Emergence either in the whole
of the State of Punjab or in particular districts of that State. If
such a situation arises, the expression "armed rebellion" included in
that article as one of the grounds for declaration of Emergency (which
alone could be resorted to in the case of an Internal Emergency) may
not be appropriate in the prevailing situation in Punjab to declare a
Proclamation in that State. It is, therefor, felt that article 352
may be suitably amended in its application to the State of Punjab to
include "internal disturbance" as one of the grounds that the
integrity of India is threatened by internal disturbance in any part
of the territory of India so as to facilitate the taking of action
under that article if it becomes necessary at a future date. The
expression "internal disturbance" was one of the grounds included in
that article from the commencement of the Constitution till it was
amended by the Constitution (Forty-fourth Amendment) Act, 1978.
Consequentially, articles 358 and 359 are also proposed to be amended
so as to provide for the automatic suspension of article 19 of the
Constitution and the issuing of an order by the President suspending
the operation of any of the other provisions contained in Part III
(except article 20) under article 359, if and when a Proclamation of
Emergency on the ground of internal disturbance is issued in relation
to the whole or any part of the State of Punjab.

As the proposed amendments are only for the purpose of curbing the
terrorist activities in the State of Punjab more effectively, the
powers that are proposed to be conferred by these amendments would not
be resorted to for any period beyond what is absolutely necessary for
achieving the aforesaid object. Accordingly, the amendments proposed
in articles 352, 358 and 359 have been made to be operative only for a
period of two years from the commencement of this Amendment.

The Bill seeks to achieve the aforesaid objects.

NEW DELHI; BUTA SINGH.

The 11th March, 1988.

THE CONSTITUTION (FIFTY-NINTH AMENDMENT)
ACT, 1988

[30th March, 1988.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Thirty-ninth Year of the Republic
of India as follows:-

1. Short title.-This Act may be called the Constitution (Fifty-ninth
Amendment) Act, 1988.

2. Amendment of article 356.-In article 356 of the Constitution, in
clause (5), for the proviso, the following proviso shall be
substituted, namely:-

"Provided that nothing in this clause shall apply to the Proclamation
issued under clause (1) on the 11th day of May, 1987 with respect to
the State of Punjab.".

3. Insertion of new article 359A.-(1) After article 359 of the
Constitution, the following article shall be inserted, namely:-

`359A. Application of this Part to the State of Punjab.-
Notwithstanding anything in this Constitution, this Part shall, in
relation to the State of Punjab, be subject to the following
modifications, namely:-

(a) in article 352,-

(i) in clause (1),-

(A) for the opening portion, the following shall be substituted,
namely:-

"If the President is satisfied that a grave emergency exists whereby-

(a) the security of India or of any part of the territory thereof is
threatened, whether by war or external aggression or armed rebellion;
or

(b) the integrity of India is threatened by internal disturbance in
the whole or any part of the territory of Punjab,

he may, by Proclamation, make a declaration to that effect in respect
of the whole of Punjab or of such part of the territory thereof as may
be specified in the Proclamation.";

(B) in the Explanation,-

(1) after the words "armed rebellion", the words ", or that the
integrity of India is threatened by internal disturbance in the whole
or any part of the territory of Punjab," shall be inserted;

(2) after the words "or rebellion", the words "or disturbance" shall
be inserted;

(ii) in clause (9), after the words "armed rebellion", at both the
places where they occur, the words "or internal disturbance" shall be
inserted;

(b) in article 358, in clause (1), after the words "or by external
aggression", the words "or by armed rebellion, or that the integrity
of India is threatened by internal disturbance in the whole or any
part of the territory of Punjab," shall be inserted;

(c) in article 359, for the words and figures "articles 20 and 21", at
both the places where they occur, the word and figures "article 20"
shall be substituted.'.

(2) The amendment made to the Constitution by sub-section (1) shall
cease to operate on the expiry of a period of two years from the
commencement of this Act, except as respects things done or omitted to
be done before such cesser.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (SIXTIETH AMENDMENT) ACT, 1988

Statement of Objects and Reasons appended to the Constitution
(Sixtieth Amendment) Bill, 1988 which was enacted as
THE CONSTITUTION (Sixtieth Amendment) Act, 1988

STATEMENT OF OBJECTS AND REASONS

Clause (2) of article 276 of the Constitution specifies that the total
amount payable in respect of any one person to the State or to any one
municipality, district board, local board or other local authority in
a State by way of taxes on professions, trades, callings and
employments leviable by a State Legislature under clause (1) of that
article shall not exceed two hundred and fifty rupees per annum. The
proviso to that clause, however, enables the continuance of the levy
of such tax at a rate exceeding two hundred and fifty rupees per annum
in any State, municipality, etc., if in the financial year immediately
preceding the commencement of Constitution there was in force in that
State, municipality, etc., any such tax exceeding that rate.

2. Some of the State Governments have represented that this celling
of two hundred and fifty rupees which was fixed in 1949, needs to be
revised upwards taking into consideration the price rise and other
factors. It is also pointed out that the profession tax has, at
present, become almost regressive because of the ceiling since even
people with high salaries have to pay this tax at only the maximum
amount of two hundred and fifty rupees per annum. The upward revision
of profession tax will also help the State Governments in raising
additional resources.

3. It is accordingly proposed to amend clause (2) of article 276 of
the Constitution to increase the ceiling of profession tax from two
hundred and fifty rupees per annum to two thousand and five hundred
rupees per annum. As the proviso to this clause is no longer
relevant, it is proposed to omit it.

4. The Bill seeks to achieve the above objects.

NEW DELHI; B.K. GADHVI.

The 10th August, 1988.

THE CONSTITUTION (SIXTIETH AMENDMENT) ACT, 1988

[20th December, 1988.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Thirty-ninth Year of the Republic
of India as follows:-

1. Short title.-This Act may be called the Constitution (Sixtieth
Amendment) Act, 1988.

2. Amendment of article 276.-In article 276 of the Constitution, in
clause (2),-

(a) for the words "two hundred and fifty rupees", the words "two
thousand and five hundred rupees" shall be substituted;

(b) the proviso shall be omitted.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (SIXTY-FIRST AMENDMENT) ACT, 1988

Statement of Objects and Reasons appended to the Constitution
(Sixty-second Amendment) Bill, 1988 (Bill No. 129 of 1988) which was
enacted as THE CONSTITUTION (Sixty-first Amendment) Act, 1988

STATEMENT OF OBJECTS AND REASONS

Article 326 of the Constitution provides that the elections to the
House of the People and to the Legislative Assembly of every State
shall be on the basis of adult suffrage, that is to say, a person
should not be less than 21 years of age. It has been found that many
of the countries have specified 18 years as the voting age. In our
country some of the State Governments have adopted 18 years of age for
elections to the local authorities. The present-day youth are
literate and enlightened and the lowering of the voting age would
provide to the unrepresented youth of the country an opportunity to
give vent to their feelings and help them become a part of the
political process. The present-day youth are very much politically
conscious. It is, therefore, proposed to reduce the voting age from
21 years to 18 years.

2. The Bill seeks to achieve the above object.

NEW DELHI; B SHANKARANAND.

The 9th December, 1988.

THE CONSTITUTION (SIXTY-FIRST AMENDMENT)
ACT, 1988

[28th March, 1989.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Thirty-ninth Year of the Republic
of India as follows:-

1. Short title.- This Act may be called the Constitution (Sixty-first
Amendment) Act, 1988.

2. Amendment of article 326.-In article 326 of the Constitution, for
the words "twenty-one years", the words "eighteen years" shall be
substituted.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (SIXTY-SECOND AMENDMENT) ACT, 1989

Statement of Objects and Reasons appended to the Constitution
(Sixty-second Amendment) Bill, 1989 (Bill No. XXVI of 1989) which was
enacted as THE CONSTITUTION (Sixty-second Amendment) Act, 1989

STATEMENT OF OBJECTS AND REASONS

Article 334 of the Constitution lays down that the provisions of the
Constitution relating to the reservation of seats for the Scheduled
Castes and the Scheduled Tribes and the representation of the
Anglo-Indian community by nomination in the Lok Sabha and in the
Legislative Assemblies of the States shall cease to have effect on the
expiration of a period of forty years from the commencement of the
Constitution. Although the Scheduled Castes and the Scheduled Tribes
have made some progress in the last forty years, the reasons which
weighed with the Constituent Assembly in making provisions with regard
to the aforesaid reservation of seats and nomination of members, have
not ceased to exist. It is, therefore, proposed to continue the
reservation for the Scheduled Castes and the Scheduled Tribes and the
representation of the Anglo-Indians by nomination for a further period
of ten years.

2. The Bill seeks to achieve the above object.

NEW DELHI; RAM VILAS PASWAN.

The 16th December, 1989.

THE CONSTITUTION (SIXTY-SECOND AMENDMENT)
ACT, 1989

[25th January, 1990.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Fortieth Year of the Republic of
India as follows:-

1. Short title and commencement.- (1) This Act may be called the
Constitution (Sixty-second Amendment) Act, 1989.

(2) It shall be deemed to have come into force on the date_676 on
which the Bill for this Act is introduced in the Council of States.

2. Amendment of article 334.-In article 334 of the Constitution, for
the words "forty years", the words "fifty years" shall be substituted.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (SIXTY-THIRD AMENDMENT) ACT, 1989

Statement of Objects and Reasons appended to the Constitution
(Sixty-third Amendment) Bill, 1989 which was enacted as
THE CONSTITUTION (Sixty-third Amendment) Act, 1990

STATEMENT OF OBJECTS AND REASONS

The Constitution (Fifty-ninth Amendment) Act, 1988 was passed in
March, 1988, making certain changes in regard to making a Proclamation
of Emergency in Punjab and to the duration of President's rule in that
State.

2. On reconsideration, the Government is of the view that there is no
need for the special powers in regard to the Proclamation of Emergency
in Punjab as envisaged in the amendment. It is also considered that
the amendment to article 356 made by the said Act is no longer needed.
It is, therefore, considered that the amendments made by the aforesaid
Act should be repealed.

3. As regards President's Proclamation issued on 11-5-1987 under
clause (1) of article 356 of the Constitution, this has been approved
by both the Houses of Parliament in October, 1989.

4. The Bill seeks to achieve the above objects.

NEW DELHI; MUFTI MOHAMMED SAYEED.

The 28th December, 1989.

THE CONSTITUTION (SIXTY-THIRD AMENDMENT)
ACT, 1989

[6th January, 1990.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Fortieth Year of the Republic of
India as follows:-

1. Short title and commencement.-(1) This Act may be called the
Constitution (Sixty-third Amendment) Act, 1989.

(2) It shall come into force with immediate effect.

2. Amendment of article 356.-In article 356 of the Constitution, in
clause (5), the proviso shall be omitted.

3. Omission of article 359A.- Article 359A of the Constitution shall
be omitted.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (SIXTY-FOURTH AMENDMENT) ACT, 1990

Statement of Objects and Reasons appended to the Constitution
(Sixty-fifth Amendment) Bill, 1990 which was enacted as
THE CONSTITUTION (Sixty-fourth Amendment) Act, 1990

STATEMENT OF OBJECTS AND REASONS

Under clause (4) of article 356 of the Constitution, no Proclamation
issued under that article and approved by both the Houses of
Parliament shall remain in force for more than three years. However,
under clause (5) of the said article a resolution approving the
continuance in force of a Proclamation issued under clause (1) of that
article beyond a period of one year cannot be passed by either House
of Parliament unless the two conditions relating to a Proclamation of
Emergency being in operation in the whole or any part of the State and
the certificate by the Election Commission that the continuation of
the Proclamation issued under clause (1) is necessary on account of
difficulties in holding general elections to the Legislative Assembly
of the State as specified in that clause are met. The three year
period in the case of Proclamation issued on 11th May, 1987 with
respect to the State of Punjab would be over on 10th May, 1990 and the
said two conditions are also not fulfilled. The prevailing
circumstances in the State do not hold out good prospects for free and
peaceful elections to the State Legislative Assembly. The
representatives of various political parties who attended the
All-Party Meeting convened by the Governor of Punjab at Chandigarh
recently were also of the view that congenial conditions should be
created first before holding the elections to the State Legislative
Assembly. Clauses (4) and (5) of article 356 of the Constitution are,
therefore, proposed to be amended so as to facilitate the extension of
the said Proclamation up to a total period of three years and six
months in relation to the State of Punjab.

2.The Bill seeks to achieve the above objects.

NEW DELHI; MUFTI MOHAMMED SAYEED.

The 2nd April, 1990.

THE CONSTITUTION (SIXTY-FOURTH AMENDMENT)
ACT, 1990

[16th April, 1990.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Forty-first Year of the Republic of
India as follows:-

1. Short title.-This Act may be called the Constitution
(Sixty-fourth Amendment) Act, 1990.

2. Amendment of article 356.-In article 356 of the Constitution,-

(a) in clause (4), after the second proviso, the following proviso
shall be inserted, namely:-

`Provided also that in the case of the Proclamation issued under
clause (1) on the 11th day of May, 1987 with respect to the State of
Punjab, the reference in the first proviso to this clause to "three
years" shall be construed as a reference to "three years and six
months".';

(b) in clause (5), the following proviso shall be inserted at the end,
namely:-

"Provided that nothing in this clause shall apply to the Proclamation
issued under clause (1) on the 11th day of May, 1987 with respect to
the State of Punjab.".

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (SIXTY-FIFTH AMENDMENT) ACT 1990

Statement of Objects and Reasons appended to the Constitution
(Sixty-eighth Amendment) Bill, 1990 which was enacted as
THE CONSTITUTION (Sixty-fifth Amendment) Act, 1990

STATEMENT OF OBJECTS AND REASONS

Article 338 of the Constitution provides for a Special Officer for the
Scheduled Castes and Scheduled Tribes to investigate all matters
relating to the safeguards provided for the Scheduled Castes and
Scheduled Tribes under the Constitution and to report to the President
on their working. It is felt that a high level five-member Commission
under article 338 will be a more effective arrangement in respect of
the constitutional safeguards for Scheduled Castes and Scheduled
Tribes than a single Special Officer as at present. It is also felt
that it is necessary to elaborate the functions of the said Commission
so as to cover measures that should be taken by the Union or any State
for the effective implementation of those safeguards and other
measures for the protection, welfare and socio-economic development of
the Scheduled Castes and Scheduled Tribes and to entrust to the
Commission such other functions in relation to the protection, welfare
and development and advancement of the Scheduled Castes and Scheduled
Tribes as the President may, subject to any law made by Parliament, by
rule specify. It is also felt that the reports of the said
Commission shall be laid before Parliament and the Legislatures of the
States.

2. The Bill seeks to achieve the aforesaid objects.

NEW DELHI; RAM VILAS PASWAN.

The 21st May, 1990.

THE CONSTITUTION (SIXTY-FIFTH AMENDMENT) ACT 1990

[7th June, 1990.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Forty-first Year of the Republic of
India as follows:-

1. Short title and commencement.-(1) This Act may be called the
Constitution (Sixty-fifth Amendment) Act, 1990.

(2) It shall come into force on such date_677 as the Central
Government may, by notification in the Official Gazette, appoint.

2. Amendment of article 338.-In article 338 of the Constitution,-

(a) for the marginal heading, the following marginal heading shall be
substituted, namely:-

"National Commission for Scheduled Castes and Scheduled Tribes.";

(b) for clauses (1) and (2), the following clauses shall be
substituted, namely:-

"(1) There shall be a Commission for the Scheduled Castes and
Scheduled Tribes to be known as the National Commission for the
Scheduled Castes and Scheduled Tribes.

(2) Subject to the provisions of any law made in this behalf by
Parliament, the Commission shall consist of a Chairperson,
Vice-Chairperson and five other Members and the conditions of service
and tenure of office of the Chairperson, Vice-Chairperson and other
Members so appointed shall be such as the President may by rule
determine.

(3) The Chairperson, Vice-Chairperson and other Members of the
Commission shall be appointed by the President by warrant under his
hand and seal.

(4) The Commission shall have the power to regulate its own procedure.

(5) It shall be the duty of the Commission-

(a) to investigate and monitor all matters relating the safeguards
provided for the Scheduled Castes and Scheduled Tribes under this
Constitution or under any other law for the time being in force or
under any order of the Government and to evaluate the working of such
safeguards;

(b) to inquire into specific complaints with respect to the
deprivation of rights and safeguards of the Scheduled Castes and
Scheduled Tribes;

(c) to participate and advise on the planning process of
socio-economic development of the Scheduled Castes and Scheduled
Tribes and to evaluate the progress of their development under the
Union and any State;

(d) to present to the President, annually and at such other times as
the Commission may deem fit, reports upon the working of those
safeguards;

(e) to make in such reports recommendations as to the measures that
should be taken by the Union or any State for the effective
implementation of those safeguards and other measures for the
protection, welfare and socio-economic development of the Scheduled
Castes and Scheduled Tribes; and

(f) to discharge such other functions in relation to the protection,
welfare and development and advancement of the Scheduled Castes and
Scheduled Tribes as the President may, subject to the provisions of
any law made by Parliament, by rule specify.

(6) The President shall cause all such reports to be laid before each
House of Parliament along with a memorandum explaining the action
taken or proposed to be taken on the recommendations relating to the
Union and the reasons for the non-acceptance, if any, of any of such
recommendations.

(7) Where any such report, or any part thereof, relates to any matter
with which any State Government is concerned, a copy of such report
shall be forwarded to the Governor of the State who shall cause it to
be laid before the Legislature of the State along with a memorandum
explaining the action taken or proposed to be taken on the
recommendations relating to the State and the reasons for the
non-acceptance, if any, of any of such recommendations.

(8) The Commission shall, while investigating any matter referred to
in sub-clause (a) or inquiring into any complaint referred to in
sub-clause (b) of clause (5), have all the powers of a civil court
trying a suit and in particular in respect of the following matters,
namely:-

(a) summoning and enforcing the attendance of any person from any part
of India and examining him on oath;

(b) requiring the discovery and production of any document;

(c) receiving evidence on affidavits;

(d) requisitioning any public record or copy thereof from any court or
office;

(e) issuing commissions for the examination of witnesses and
documents;

(f) any other matter which the President may, by rule, determine.

(9) The Union and every State Government shall consult the Commission
on all major policy matters affecting Scheduled Castes and Scheduled
Tribes.";

(c) existing clause (3) shall be renumbered as clause (10).

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (SIXTY-SIXTH AMENDMENT) ACT, 1990

Statement of Objects and Reasons appended to the Constitution
(Sixty-sixth Amendment) Bill, 1990 which was enacted as
THE CONSTITUTION (Sixty-sixth Amendment) Act, 1990

STATEMENT OF OBJECTS AND REASONS

Article 31B of the Constitution confers on the enactments included in
the Ninth Schedule to the Constitution immunity from legal challenge
on the ground that they violate the fundamental rights enshrined in
Part III of the Constitution.

2. In the past, whenever it was found that progressive legislation,
conceived in the interest of the public was imperilled by litigation,
recourse was taken to the Ninth Schedule. Several State enactments
relating to land reforms and ceiling on agricultural land holdings
have already been included in the Ninth Schedule. Since the
Government is committed to give importance to land reforms, it is
decided to include all land reform laws in the Ninth Schedule so that
they are not challenged before the courts. The State Governments of
Andhra Pradesh, Bihar, Gujarat, Himachal Pradesh, Karnataka, Kerala,
Madhya Pradesh, Maharashtra, Orissa, Rajasthan, Uttar Pradesh, West
Bengal, Tamil Nadu and administration of the Union territory of
Pondicherry have suggested the inclusion of some of their Acts
relating to land reforms in the Ninth Schedule.

3. Since the amendment to Acts which are already placed in the Ninth
Schedule are not automatically immunized from legal challenge, some
amending Acts are also proposed to be included in the Ninth Schedule.
The Acts which are proposed to be included in the Ninth Schedule have
been examined. In order to ensure that implementation of these Acts
is not adversely affected by litigation, it is proposed to include
them in the Ninth Schedule.

4. The Bill seeks to achieve the above object.

NEW DELHI; DEVI LAL.

The 2nd April, 1990.

THE CONSTITUTION (SIXTY-SIXTH AMENDMENT)
ACT, 1990

[7th June, 1990.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Forty-first Year of the Republic of
India as follows:-

1. Short title.- This Act may be called the Constitution (Sixty-sixth
Amendment) Act, 1990.

2. Amendment of the Ninth Schedule.-In the Ninth Schedule to the
Constitution, after entry 202 and before the Explanation, the
following entries shall be inserted, namely:-

"203. The Andhra Pradesh Scheduled Areas Land Transfer Regulation,
1959 (Andhra Pradesh Regulation 1 of 1959).

204. The Andhra Pradesh Scheduled Areas Laws (Extension and
Amendment) Regulation, 1963 (Andhra Pradesh Regulation 2 of 1963).

205. The Andhra Pradesh Scheduled Areas Land Transfer (Amendment)
Regulation, 1963 (Andhra Pradesh Regulation 2 of 1970).

206. The Andhra Pradesh Scheduled Areas Land Transfer (Amendment)
Regulation, 1971 (Andhra Pradesh Regulation 1 of 1971).

207. The Andhra Pradesh Scheduled Areas Land Transfer (Amendment)
Regulation, 1978 (Andhra Pradesh Regulation 1 of 1978).

208. The Bihar Tenancy Act, 1885 (Bihar Act 8 of 1885).

209. The Chota Nagpur Tenancy Act, 1908 (Bengal Act 6 of 1908)
(Chapter VIII-sections 46, 47, 48, 48A, and 49; Chapter X-sections
71, 71A and 71B; and Chapter XVIII-sections 240, 241 and 242).

210. The Santhal Parganas Tenancy (Supplementary Provisions) Act,
1949 (Bihar Act 14 of 1949) except section 53.

211. The Bihar Scheduled Areas Regulation, 1969 (Bihar Regulation 1
of 1969).

212. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition
of Surplus Land) (Amendment) Act, 1982 (Bihar Act 55 of 1982).

213. The Gujarat Devasthan Inams Abolition Act, 1969 (Gujarat Act 16
of 1969).

214. The Gujarat Tenancy Laws (Amendment) Act, 1976 (Gujarat Act 37
of 1976).

215. The Gujarat Agricultural Lands Ceiling (Amendment) Act, 1976
(President's Act 43 of 1976).

216. The Gujarat Devasthan Inams Abolition (Amendment) Act, 1977
(Gujarat Act 27 of 1977).

217. The Gujarat Tenancy Laws (Amendment) Act, 1977 (Gujarat Act 30
of 1977).

218. The Bombay Land Revenue (Gujarat Second Amendment) Act, 1980
(Gujarat Act 37 of 1980).

219. The Bombay Land Revenue Code and Land Tenure Abolition Laws
(Gujarat Amendment) Act, 1982 (Gujarat Act 8 of 1982).

220. The Himachal Pradesh Transfer of Land (Regulation) Act, 1968
(Himachal Pradesh Act 15 of 1969).

221. The Himachal Pradesh Transfer of Land (Regulation) (Amendment)
Act, 1986 (Himachal Pradesh Act 16 of 1986).

222. The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition
of Transfer of certain Lands) Act, 1978 (Karnataka Act 2 of 1979).

223. The Kerala Land Reforms (Amendment) Act, 1978 (Kerala Act 13 of
1978).

224. The Kerala Land Reforms (Amendment) Act, 1981 (Kerala Act 19 of
1981).

225. The Madhya Pradesh Land Revenue Code (Third Amendment) Act, 1976
(Madhya Pradesh Act 61 of 1976).

226. The Madhya Pradesh Land Revenue Code (Amendment) Act, 1980
(Madhya Pradesh Act 15 of 1980).

227. The Madhya Pradesh Akrishik Jot Uchchatam Seema Adhiniyam, 1981
(Madhya Pradesh Act 11 of 1981).

228. The Madhya Pradesh Ceiling on Agricultural Holdings (Second
Amendment) Act, 1976 (Madhya Pradesh Act 1 of 1984).

229. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment)
Act, 1984 (Madhya Pradesh Act 14 of 1984).

230. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment)
Act, 1989 (Madhya Pardesh Act 8 of 1989).

231. The Maharashtra Land Revenue Code, 1966 (Maharashtra Act 41 of
1966), sections 36, 36A and 36B.

232. The Maharashtra Land Revenue Code and the Maharashtra
Restoration of Lands to Scheduled Tribes (Second Amendment) Act, 1976
(Maharashtra Act 30 of 1977).

233. The Maharashtra Abolition of Subsisting Proprietary Rights to
Mines and Minerals in certain Lands Act, 1985 (Maharashtra Act 16 of
1985).

234. The Orissa Scheduled Areas Transfer of Immovable Property (By
Scheduled Tribes) Regulation, 1956 (Orissa Regulation 2 of 1956).

235. The Orissa Land Reforms (Second Amendment) Act, 1975 (Orissa Act
29 of 1976).

236. The Orissa Land Reforms (Amendment) Act, 1976 (Orissa Act 30 of
1976).

237. The Orissa Land Reforms (Second Amendment) Act, 1976 (Orissa Act
44 of 1976).

238. The Rajasthan Colonisation (Amendment) Act, 1984 (Rajasthan Act
12 of 1984).

239. The Rajasthan Tenancy (Amendment) Act, 1984 (Rajasthan Act 13 of
1984).

240. The Rajasthan Tenancy (Amendment) Act, 1987 (Rajasthan Act 21 of
1987).

241. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second
Amendment Act, 1979 (Tamil Nadu Act 8 of 1980).

242. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)
Amendment Act, 1980 (Tamil Nadu Act 21 of 1980).

243. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)
Amendment Act, 1981 (Tamil Nadu Act 59 of 1981).

244. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second
Amendment Act, 1983 (Tamil Nadu Act 2 of 1984).

245. The Uttar Pradesh Land Laws (Amendment) Act, 1982 (Uttar Pradesh
Act 20 of 1982).

246. The West Bengal Land Reforms (Amendment) Act, 1965 (West Bengal
Act 18 of 1965).

247. The West Bengal Land Reforms (Amendment) Act, 1966 (West Bengal
Act 11 of 1966).

248. The West Bengal Land Reforms (Second Amendment) Act, 1969 (West
Bengal Act 23 of 1969).

249. The West Bengal Estate Acquisition (Amendment) Act, 1977 (West
Bengal Act 36 of 1977).

250. The West Bengal Land Holding Revenue Act, 1979 (West Bengal Act
44 of 1979).

251. The West Bengal Land Reforms (Amendment) Act, 1980 (West Bengal
Act 41 of 1980).

252. The West Bengal Land Holding Revenue (Amendment) Act, 1981 (West
Bengal Act 33 of 1981).

253. The Calcutta Thikka Tenancy (Acquisition and Reulation) Act,
1981 (West Bengal Act 37 of 1981).

254. The West Bengal Land Holding Revenue (Amendment) Act, 1982 (West
Bengal Act 23 of 1982).

255. The Calcutta Thikka Tenancy (Acquisition and Regulation)
(Amendment) Act, 1984 (West Bengal Act 41 of 1984).

256. The Mahe Land Reforms Act, 1968 (Pondicherry Act 1 of 1968).

257. The Mahe Land Reforms (Amendment) Act, 1980 (Pondicherry Act 1
of 1981).".

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (SIXTY-SEVENTH AMENDMENT) ACT, 1990

Statement of Objects and Reasons appended to the Constitution
(Seventy-sixth Amendment) Bill, 1990 (Bill No. 158 of 1990) which was
enacted as THE CONSTITUTION (Sixty-seventh Amendment) Act, 1990

STATEMENT OF OBJECTS AND REASONS

Under clause (4) of article 356 of the Constitution, no Proclamation
issued under that article and approved by both the Houses of
Parliament shall remain in force for more than three years. However,
under clause (5) of the said article, a resolution approving the
continuance in force of a Proclamation issued under clause (1) of that
article beyond a period of one year cannot be passed by either House
of Parliament unless the two conditions relating to a Proclamation of
Emergency being in operation in the whole or any part of the State and
the certificate by the Election Commission that the continuation of
the Proclamation issued under clause (1) is necessary on account of
difficulties in holding general elections to the Legislative Assembly
of the State as specified in that clause are met. The three year
period in the case of Proclamation issued on 11th May, 1987 with
respect to the State of Punjab was extended to three years and six
months by the Constitution (Sixty-fourth Amendment) Act, 1990 and
clause (5) of article 356 was also suitably amended by that Act in the
expectation that it would be possible to hold elections to the
Legislative Assembly of that State. The prevailing circumstances in
the State, however, still do not hold out prospects for free and
peaceful elections to the State Legislative Assembly. Clause (4) of
article 356 of the Constitution is, therefore, proposed to be amended
so as to facilitate the extension of the said Proclamation up to a
total period of four years in relation to the State of Punjab.

2. The Bill seeks to achieve the above objects.

NEW DELHI; MUFTI MOHAMMED SAYEED.

The 1st October, 1990.

THE CONSTITUTION (SIXTY-SEVENTH AMENDMENT)
ACT, 1990

[4th October, 1990.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Forty-first Year of the Republic of
India as follows:-

1. Short title.- This Act may be called the Constitution
(Sixty-seventh Amendment) Act, 1990.

2. Amendment of article 356.-In article 356 of the Constitution, in
clause (4), in the third proviso, for the words "three years and six
months", the words "four years" shall be substituted.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (SIXTY-EIGHTH AMENDMENT) ACT, 1991

Statement of Objects and Reasons appended to the Constitution
(Seventy-fifth Amendment) Bill, 1991 (Bill No. 48 of 1991) which was
enacted as THE CONSTITUTION (Sixty-eighth Amendment) Act, 1991

STATEMENT OF OBJECTS AND REASONS

Under clause (4) of article 356 of the Constitution, no Proclamation
issued under that article and approved by both the Houses of
Parliament shall remain in force for more than three years. However,
under clause (5) of the said article, a resolution approving the
continuance in force of a Proclamation issued under clause (1) of that
article beyond a period of one year cannot be passed by either House
of Parliament unless the two conditions relating to a Proclamation of
Emergency being in operation in the whole or any part of the State and
the certificate by the Election Commission that the continuation of
the Proclamation issued under clause (1) is necessary on account of
difficulties in holding general elections to the Legislative Assembly
of the State as specified in that clause are met. The three year
period in the case of Proclamation issued on 11th May, 1987 with
respect to the State of Punjab was extended to three years and six
months by the Constitution (Sixty-fourth Amendment) Act, 1990 and
clause (5) of article 356 was also suitably amended by that Act in the
expectation that it would be possible to hold elections to the
Legislative Assembly of that State. In October, 1990 it was felt that
it was not conducive to hold free and fair elections to the Punjab
State Legislative Assembly. Therefore, clause (4) of article 356 was
again amended by THE CONSTITUTION (Sixty-seventh Amendment) Act, 1990
to enable extension of President's Proclamation issued on 11th May,
1987 for a total period of four years.

2. Despite pressure from the security forces, the terrorist violence
has been continuing in Punjab. Therefore, the prevailing
circumstances still do not hold out prospects for fair, free and
peaceful elections to the Legislative Assembly of Punjab. Clause (4)
of article 356 of the Constitution is, therefore, proposed to be
amended so as to facilitate the extension of the said Proclamation up
to a total period of five years in relation to the State of Punjab.

3. The Bill seeks to achieve the above objects.

NEW DELHI; SUBODH KANT.

The 7th March, 1991.

THE CONSTITUTION (SIXTY-EIGHTH AMENDMENT)
ACT, 1991

[12th March, 1991.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Forty-second Year of the Republic
of India as follows:-

1. Short title.- This Act may be called the Constitution
(Sixty-eighth Amendment) Act, 1991.

2. Amendment of article 356.-In article 356 of the Constitution, in
clause (4), in the third Proviso, for the words "four years", the
words "five years" shall be substituted.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (SIXTY-NINTH AMENDMENT) ACT, 1991

Statement of Objects and Reasons appended to the Constitution
(Seventy-fourth Amendment) Bill, 1991 which was enacted as
THE CONSTITUTION (Sixty-ninth Amendment) Act, 1991

STATEMENT OF OBJECTS AND REASONS

The question of re-organisation of the Administrative set-up in the
Union territory of Delhi has been under the consideration of the
Government for some time. The Government of India appointed on
24-12-1987 a Committee to go into the various issues connected with
the administration of Delhi and to recommend measures inter alia for
the streamlining of the administrative set-up. The Committee went
into the matter in great detail and considered the issues after
holding discussions with various individuals, associations, political
parties and other experts and taking into account the arrangements in
the national Capitals of other countries with a federal set-up and
also the debates in the Constituent Assembly as also the reports by
earlier Committees and Commissions. After such detailed inquiry and
examination, it recommended that Delhi should continue to be a Union
territory and provided with a Legislative Assembly and a Council of
Ministers responsible to such Assembly with appropriate powers to deal
with matters of concern to the common man. The Committee also
recommended that with a view to ensure stability and permanence the
arrangements should be incorporated in the Constitution to give the
National Capital a special status among the Union territories.

2. The Bill seeks to give effect to the above proposals.

NEW DELHI; S. B. CHAVAN.

The 12th December, 1991.

THE CONSTITUTION (SIXTY-NINTH AMENDMENT)
ACT, 1991

[21st December, 1991.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Forty-second Year of the Republic
of India as follows:-

1. Short title and commencement.- (1) This Act may be called the
Constitution (Sixty-ninth Amendment) Act, 1991.

(2) It shall come into force on such date_678 as the Central
Government may, by notification in the Official Gazette, appoint.

2. Insertion of new articles 239AA and 239AB.- After article 239A of
the Constitution, the following articles shall be inserted, namely:-

`239AA. Special provisions with respect to Delhi.-(1) As from the
date of commencement of THE CONSTITUTION (Sixty-ninth Amendment) Act,
1991, the Union territory of Delhi shall be called the National
Capital Territory of Delhi (hereafter in this Part referred to as the
National Capital Territory) and the administrator thereof appointed
under article 239 shall be designated as the Lieutenant Governor.

(2) (a) There shall be a Legislative Assembly for the National Capital
Territory and the seats in such Assembly shall be filled by members
chosen by direct election from territorial constituencies in the
National Capital Territory.

(b) The total number of seats in the Legislative Assembly, the number
of seats reserved for Sceduled Castes, the division of the National
Capital Territory into territorial constituencies (including the basis
for such division) and all other matters relating to the functioning
of the Legislative Assembly shall be regulated by law made by
Parliament.

(c) The provisions of articles 324 to 327 and 329 shall apply in
relation to the National Capital Territory, the Leislative Assembly of
the National Capital Territory and the members thereof as they apply,
in relation to a State, the Legislative Assembly of a State and the
members thereof respectively; and any reference in articles 326 and
329 to "appropriate Legislature" shall be deemed to be a reference to
Parliament.

(3) (a) Subject to the provisions of this Constitution, the
Legislative Assembly shall have power to make laws for the whole or
any part of the National Capital Territory with respect to any of the
matters enumerated in the State List or in the Concurrent List in so
far as any such matter is applicable to Union territories except
matters with respect to Entries 1, 2 and 18 of the State List and
Entries 64, 65 and 66 of that List in so far as they relate to the
said Entries 1, 2 and 18.

(b) Nothing in sub-clause (a) shall derogate from the powers of
Parliament under this Constitution to make laws with respect to any
matter for a Union territory or any part thereof.

(c) If any provision of a law made by the Legislative Assembly with
respect to any matter is repugnant to any provision of a law made by
Parliament with respect to that matter, whether passed before or after
the law made by the Legislative Assembly, or of an earlier law, other
than a law made by the Legislative Assembly, then, in either case, the
law made by Parliament, or, as the case may be, such earlier law,
shall prevail and the law made by the Legislative Assembly shall, to
the extent of the repugnancy, be void:

Provided that if any such law made by the Legislative Assembly has
been reserved for the consideration of the President and has received
his assent, such law shall prevail in the National Capital Territory:

Provided further that nothing in this sub-clause shall prevent
Parliament from enacting at any time any law with respect to the same
matter including a law adding to, amending, varying or repealing the
law so made by the Legislative Assembly.

(4) There shall be a Council of Ministers consisting of not more than
ten per cent. of the total number of members in the Legislative
Assembly, with the Chief Minister at the head to aid and advise the
Lieutenant Governor in the exercise of his functions in relation to
matters with respect to which the Legislative Assembly has power to
make laws, except in so far as he is, by or under any law, required to
act in his discretion:

Provided that in the case of difference of opinion between the
Lieutenant Governor and his Ministers on any matter, the Lieutenant
Governor shall refer it to the President for decision and act
according to the decision given thereon by the President and pending
such decision it shall be competent for the Lieutenant Governor in any
case where the matter, in his opinion, is so urgent that it is
necessary for him to take immediate action, to take such action or to
give such direction in the matter as he deems necessary.

(5) The Chief Minister shall be appointed by the President and the
other Ministers shall be appointed by the President on the advice of
the Chief Minister and the Ministers shall hold office during the
pleasure of the President.

(6) The Council of Ministers shall be collectively responsible to the
Legislative Assembly.

(7) Parliament may, by law, make provisions for giving effect to, or
supplementing the provisions contained in the foregoing clauses and
for all matters incidental or consequential thereto.

(8) The Provisions of article 239B shall, so far as may be, apply in
relation to the National Capital Territory, the Lieutenant Governor
and the Legislative Assembly, as they apply in relation to the Union
territory of Pondicerry, the administrator and its Legislature,
respectively; and any reference in that article to "clause (1) of
article 239A" shall be deemed to be a reference to this article or
article 239AB, as the case may be.

239AB. Provision in case of failure of constitutional machinery.-If
the President, on receipt of a report from the Lieutenant Governor or
otherwise, is satisfied-

(a) that a Situation has arisen in which the administration of the
National Capital Territory cannot be carried on in accordance with the
provisions of article 239AA or of any law made in pursuance of that
article; or

(b) that for the proper administration of the National Capital
Territory it is necessary or expedient so to do,

the President may by order suspend the operation of any provision of
article 239AA or of all or any of the provisions of any law made in
pursuance of that article for such period and subject to such
conditions as may be specified in such law and make such incidental
and consequential provisions as may appear to him to be necessary or
expedient for administering the National Capital Territory in
accordance with the provisions of article 239 and article 239AA.'.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (SEVENTIETH AMENDMENT) ACT, 1992

Statament of Objects and Reasons appended to the Constitution
(Seventy-sixth Amendment) Bill, 1992 (Bill No. XXX of 1992) which was
enacted as THE CONSTITUTION (Seventieth Amendment) Act, 1992

STATEMENT OF OBJECTS AND REASONS

While considering the Constitution (Seventy-fourth Amendment) Bill,
1991 and the Government of National Capital Territory Bill, 1991,
views were expressed in both the Houses of Parliament in favour of
including also the elected members of the Legislative Assemblies of
Union territories in the electoral college for the election of the
President under article 54 of the Constitution. At present article 54
relating to the election of the President provides for an electoral
college consisting of only the elected Members of Parliament as well
as the Legislative Assemblies of the States (not Union territories).
Similarly, article 55 providing for the manner of such election also
speaks of Legislative Assemblies of States. Accordingly, an
Explanation is sought to be inserted in article 54 to provide that
reference to "State" in articles 54 and 55 would include the National
Capital Territory of Delhi and the Union territory of Pondicherry for
constituting the electoral college for election of the President.
This would enable the elected members of the Legislative Assembly
created for the Union territory of Pondicherry under the provisions of
article 239A and of the proposed Legislative Assembly of the National
Capital Territory of Delhi under article 239AA to be included in the
electoral college.

2. THE CONSTITUTION (Seventy-fourth Amendment) Bill, 1991 which was
enacted as THE CONSTITUTION (Sixty-ninth Amendment) Act, 1991 received
assent of the President on 21st December, 1991. The said Bill as
originally introduced in the Lok Sabha sought to incorporate in
article 239AA a sub-clause (b) to clause (7). This proposed
sub-clause was subsequently dropped since inclusion of the said
sub-clause would have necessitated ratification of the Bill by the
Legislatures of not less than one-half of the States and thereby
delayed the early constitution of a Legislative Assembly for the Union
territory of Delhi. The said sub-clause (clause 3 of the present
Bill) is sought to be inserted in the present Constitution (Amendment)
Bill with retrospective effect i.e. from 21st December, 1991.
Ratification by States is also proposed to be obtained for the clause
along with ratification for the other clause of the Bill which seeks
to amend article 54.

3. The Bill seeks to give effect to the above proposals.

NEW DELHI; K. VIJAYA BHASKARA REDDY.

The 24th March, 1992.

THE CONSTITUTION (SEVENTIETH AMENDMENT)
ACT, 1992

[12th August, 1992.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Forty-third Year of the Republic of
India as follows:-

1. Short title and commencement.-(1) This Act may be called the
Constitution (Seventieth Amendment) Act, 1992.

(2) Section 3 of this Act shall be deemed to have come into force on
the 21st day of December, 1991 and section 2 shall come into force on
such date as the Central Government may, by notification in the
Official Gazette, appoint.

2. Amendment of article 54.-In article 54 of the Constitution, the
following Explanation shall be inserted at the end, namely:-

`Explanation.-In this article and in article 55, "State" includes the
National Capital Territory of Delhi and the Union territory of
Pondicherry.'.

3. Amendment of article 239AA.-In article 239AA of the Constitution,-

(i) in clause (7), for the brackets and figure "(7)", the brackets,
figure and letter "(7) (a)" shall be substituted;

(ii) in clause (7) as so amended, the following sub-clause shall be
inserted, namely:-

"(b) Any such law as is referred to in sub-clause (a) shall not be
deemed to be an amendment of this Constitution for the purposes of
article 368 notwithstanding that it contains any provision which
amends or has the effect of amending, this Constitution.".

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (SEVENTY-FIRST AMENDMENT) ACT, 1992

Statement of Objects and Reasons appended to the Constitution
(Seventy-eighth Amendment) Bill, 1992 which was enacted as
THE CONSTITUTION (Seventy-first Amendment) Act, 1992

STATEMENT OF OBJECTS AND REASONS

There have been demands for inclusion of certain languages in the
Eighth Schedule to the Constitution. It is proposed to include
Konkani, Manipuri and Nepali languages in the Eighth Schedule to the
Constitution. The Bill seeks to give effect to this decision.

2. The Napali language is also known in some areas as `Gorkha Bhasa'.
In the Census operations, other nomenclatures such as `Gorkhali',
`Gorkdhi', `Gurkhiya', `Khaskura' or `Naipali' have also been used.

NEW DELHI; S. B. CHAVAN.

The 20th August, 1992.

THE CONSTITUTION (SEVENTY-FIRST AMENDMENT)
ACT, 1992

[31st August, 1992.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Forty-third Year of the Republic of
India as follows:-

1. Short title.-This Act may be called the Constitution
(Seventy-first Amendment) Act, 1992.

2. Amendment of Eighth Schedule.-In the Eighth Schedule to the
Constitution,-

(a) existing entry 7 shall be re-numbered as entry 8, and before entry
8 as so re-numbered, the entry "7. Konkani." shall be inserted;

(b) existing entry 8 shall be re-numbered as entry 10, and before
entry 10 as so re-numbered, the entry "9. Manipuri." shall be
inserted;

(c) existing entries 9 to 15 shall be re-numbered as entries 12 to 18
respectively, and before entry 12 as so re-numbered, the entry "11.
Nepali." shall be inserted.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (SEVENTY-SECOND AMENDMENT) ACT, 1992

Statement of Objects and Reasons appended to the Constitution
(Seventy-fifth Amendment) Bill, 1991 (Bill No. 209 of 1991) which was
enacted as THE CONSTITUTION (Seventy-second Amendment) Act, 1992

STATEMENT OF OBJECTS AND REASONS

For restoring peace and harmony in the areas of the State of Tripura
where disturbed conditions prevailed, a Memorandum of Settlement was
signed by the Government of India with Tripura National Volunteers on
12-8-1988. The said Memorandum provides for a greater share of
tribals in the governance of the State. The said Memorandum envisages
amendment of the Constitution to provide that notwithstanding anything
contained in the Constitution, the number of seats in the Legis-
lative Assembly of the State of Tripura reserved for Scheduled Tribes
shall be, such number of seats as bears to the total number of seats,
a proportion not less than the number, as on the date of coming into
force of the Constitutional amendment, of members belonging to the
Scheduled Tribes in the existing Assembly bears to the total number of
seats in the existing Assembly. It also provides that the amendments
shall not affect any representation in the existing Assembly of the
State of Tripura until its dissolution.

2. In order to implement the said Memorandum, action is to be taken
to determine the seats which are to be reserved for Scheduled Tribes
in the State of Tripura. Reservation of seats for Scheduled Castes
and Scheduled Tribes in the Legislative Assembly of any State is
governed by the provisions of article 332 of the Constitution. Having
regard to the special circumstances obtaining in the State of Tripura,
it is proposed to further amend article 332 of the Constitution for
making a temporary provision for the determination of the number of
seats reserved for Scheduled Tribes until the re-adjustment of seats
on the basis of the first census after the year 2000 under article 170
of the Constitution for the State of Tripura.

3. The Bill seeks to achieve the aforesaid objects.

NEW DELHI; S. B. CHAVAN.

The 11th December. 1991.

THE CONSTITUTION (SEVENTY-SECOND AMENDMENT) ACT, 1992

[14th December, 1992.]

An Act further to amend the Constitution of India

BE it enacted by Parliament in the Forty-third Year of the Republic
of India as follows:-

1. Short title and commencement.-(1) This Act may be called the
Constitution (Seventy-second Amendment) Act, 1992.

(2) It shall come into force on such date_679 as the Central
Government may, by notification in the Official Gazette, appoint.

2. Amendment of article 332.- (I) In article 332 of the Constitution,
after clause (3A), the following clause shall be inserted, namely:-

"(3B) Notwithstanding anything contained in clause (3), until the
re-adjustment, under article 170, takes effect on the basis of the
first census after the year 2000, of the number of seats in the Legis-
lative Assembly of the State of Tripura, the seats which shall be
reserved for the Scheduled Tribes in the Legislative Assembly shall
be, such number of seats as bears to the total number of seats, a
proportion not less than the number, as on the date of coming into
force of THE CONSTITUTION (Seventy-second Amendment) Act, 1992, of
members belonging to the Scheduled Tribes in the Legislative Assembly
in existence on the said date bears to the total number of seats in
that Assembly.".

(2) The amendment made to article 332 of the Constitution by sub-
section (I) shall not affect any representation in the Legislative
Assembly of the State of Tripura until the dissolution of the
Legislative Assembly existing at the commencement of this Act.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (SEVENTY-THIRD AMENDMENT) ACT, 1992

Statement of Objects and Reasons appended to the Constitution
(Seventy-second Amendment) Bill, 1991 which was enacted as
the Constitution (Seventy-third Amendment) Act, 1992

STATEMENT OF OBJECTS AND REASONS

Though the Panchayati Raj Institutions have been in existence for a
long time, it has been observed that these institutions have not been
able to acquire the status and dignity of viable and responsive
people's bodies due to a number of reasons including absence of
regular elections, prolonged supersessions, insufficient
representation of weaker sections like Scheduled Castes, Scheduled
Tribes and women, inadequate devolution of powers and lack of
financial resources.

2. Article 40 of the Constitution which enshrines one of the
Directive Principles of State Policy lays down that the State shall
take steps to organise village panchayats and endow them with such
powers and authority as may be necessary to enable them to function as
units of self-government. In the light of the experience in the last
forty years and in view of the short-comings which have been observed,
it is considered that there is an imperative need to enshrine in the
Constitution certain basic and essential features of Panchayati Raj
Institutions to impart certainty, continuity and strength to them.

3. Accordingly, it is proposed to add a new Part relating to
Panchayats in the Constitution to provide for among other things, Gram
Sabha in a village or group of villages; constitution of Panchayats
at village and other level or levels; direct elections to all seats
in Panchayats at the village and intermediate level, if any, and to
the offices of Chairpersons of Panchayats at such levels; reservation
of seats for the Scheduled Castes and Scheduled Tribes in proportion
to their population for membership of Panchayats and office of
Chairpersons in Panchayats at each level; reservation of not less
than one-third of the seats for women; fixing tenure of 5 years for
Panchayats and holding elections within a period of 6 months in the
event of supersession of any Panchayat; disqualifications for
membership of Panchayats; devolution by the State Legislature of
powers and responsibilities upon the Panchayats with respect to the
preparation of plans for economic developments and social justice and
for the implementation of development schemes; sound finance of the
Panchayats by securing authorisation from State Legislatures for
grants-in-aid to the Panchayats from the Consolidated Fund of the
State, as also assignment to, or appropriation by, the Panchayats of
the revenues of designated taxes, duties, tolls and fees; setting up
of a Finance Commission within one year of the proposed amendment and
thereafter every 5 years to review the financial position of
Panchayats; auditing of accounts of the Panchayats; powers of State
Legislatures to make provisions with respect to elections to
Panchayats under the superintendence, direction and control of the
chief electoral officer of the State; application of the provisions
of the said Part to Union territories; excluding certain States and
areas from the application of the provisions of the said Part;
continuance of existing laws and Panchayats until one year from the
commencement of the proposed amendment and barring interference by
courts in electoral matters relating to Panchayats.

4. The Bill seeks to achieve the aforesaid objectives.

NEW DELHI; G. VENKAT SWAMY.

The 10th September, 1991.

THE CONSTITUTION (SEVENTY-THIRD AMENDMENT) ACT, 1992

[20th April, 1993.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Forty-third Year of the Republic of
India as follows:-

1. Short title and commencement.-(1) This Act may be called the
Constitution (Seventy-third Amendment) Act, 1992.

(2) It shall come into force on such date_680 as the Central
Government may, by notification in the Official Gazette, appoint.

2. Insertion of new Part IX.- After Part VIII of the Constitution,
the following Part shall be inserted, namely:-

`PART IX
THE PANCHAYATS
243. Definitions.- In this Part, unless the context otherwise
requires,-

(a) "district" means a district in a State;

(b) "Gram Sabha" means a body consisting of persons registered in
the electoral rolls relating to a village comprised within the area of
Panchayat at the village level;

(c) "Intermediate level" means a level between the village and
district levels specified by the Governor of a State by public
notification to be the intermediate level for the purposes of this
Part;

(d) "Panchayat" means an institution (by whatever name called) of
self-government constituted under article 243B, for the rural areas;

(e) "Panchayat area" means the territorial area of a Panchayat;

(f) "population" means the population as ascertained at the last
preceding census of which the relevant figures have been published;

(g) "village" means a village specified by the Governor by public
notification to be a village for the purposes of this Part and
includes a group of villages so specified.

243A. Gram Sabha.- A Gram Sabha may exercise such powers and
perform such functions at the village level as the Legislature of a
State may, by law, provide.

243B. Constitution of Panchayats.- (1) There shall be constituted in
every State, Panchayats at the village, intermediate and district
levels in accordance with the provisions of this Part.

(2) Notwithstanding anything in clause (1), Panchayats at the in-
termediate level may not be constituted in a State having a population
not exceeding twenty lakhs.

243C. Composition of Panchayats.- (1) Subject to the provisions of
this Part, the Legislature of a State may, by law, make provisions
with respect to the composition of Pancayats:

Provided that the ratio between the population of the territorial area
of a Panchayat at any level and the number of seats in such Panchayat
to be filled by election shall, so far as practicable, be the same
throughout the State.

(2) All the seats in a Panchayat shall be filled by persons chosen by
direct election from territorial constituencies in the Panchayat area
and; for this purpose, each Panchayat area shall be divided into
territorial constituencies in such manner that the ratio between the
population of each constituency and the number of seats allotted to it
shall, so far as practicable, be the same throughout the Panchayat
area.

(3) The Legislature of a State may, by law, provide for the re-
presentation-

(a) of the Chairpersons of the Panchayats at the village level, in the
Panchayats at the intermediate level or, in the case of a State not
having Panchayats at the intermediate level, in the Pancayats at the
district level;

(b) of the Chairpersons of the Panchayats at the intermediate level,
in the Panchayats at the district level;

(c) of the members of the House of the People and the members of the
Legislative Assembly of the State representing constituencies which
comprise wholly or partly a Panchayat area at a level other than the
village level, in such Panchayat;

(d) of the members of the Council of States and the members of the
Legislative Council of the State, where they are registered as
electors within-

(i) a Panchayat area at the intermediate level, in Panchayat at the
intermediate level;

(ii) a Panchayat area at the district level, in Panchayat at the
district level.

(4) The Chairperson of a Panchayat and other members of a Panchayat
whether or not chosen by direct election from territorial
constituencies in the Panchayat area shall have the right to vote in
the meetings of the Panchayats.

(5) The Chairperson of -

(a) a Panchayat at the village level shall be elected in such manner
as the Legislature of a State may, by law, provide; and

(b) a Panchayat at the intermediate level or district level shall be
elected by, and from amongst, the elected members thereof.

243D. Reservation of seats.- (1) Seats shall be reserved for-

(a) the Scheduled Castes; and

(b) the Scheduled Tribes,

in every Panchayat and the number of seats of reserved shall bear, as
nearly as may be, the same proportion to the total number of seats to
be filled by direct election in that Panchayat as the population of
the Scheduled Castes in that Panchayat area or of the Scheduled Tribes
in that Panchayat area bears to the total population of that area and
such seats may be allotted by rotation to different constituencies in
a Panchayat.

(2) Not less than one-third of the total number of seats reserved
under clause (1) shall be reserved for women belonging to the
Scheduled Castes or, as the case may be, the Scheduled Tribes.

(3) Not less than one-third (including the number of seats reserved
for women belonging to the Scheduled Castes and the Scheduled Tribes)
of the total number of seats to be filled by direct election in every
Panchayat shall be reserved for women and such seats may be allotted
by rotation to different constituencies in a Panchayat.

(4) The offices of the Chairpersons in the Panchayats at the village
or any other level shall be reserved for the Scheduled Castes, the
Scheduled Tribes and women in such manner as the Legislature of a
State may, by law, provide:

Provided that the number of offices of Chairpersons reserved for the
Scheduled Castes and the Scheduled Tribes in the Panchayats at each
level in any State shall bear, as nearly as may be, the same
proportion to the total number of such offices in the Panchayats at
each level as the population of the Scheduled Castes in the State or
of the Scheduled Tribes in the State bears to the total population of
the State:

Provided further that not less than one-third of the total number of
offices of Chairpersons in the Panchayats at each level shall be
reserved for women:

Provided also that the number of offices reserved under this clause
shall be allotted by rotation to different Panchayats at each level.

(5) The reservation of seats under clauses (1) and (2) and the
reservation of offices of Chairpersons (other than the reservation for
women) under clause (4) shall cease to have effect on the expiration
of the period specified in article 334.

(6) Nothing in this Part shall prevent the Legislature of a State from
making any provision for reservation of seats in any Panchayat or
offices of Chairpersons in the Panchayats at any level in favour of
backward class of citizens.

243E. Duration of Panchayats, etc.- (1) Every Panchayat, unless
sooner dissolved under any law for the time being in force, shall
continue for five years from the date appointed for its first meeting
and no longer.

(2) No amendment of any law for the time being in force shall have the
effect of causing dissolution of a Panchayat at any level, which is
functioning immediately before such amendment, till the expiration of
its duration specified in clause (1).

(3) An election to constitute a Panchayat shall be completed-

(a) before the expiry of its duration specified in clause (1);

(b) before the expiration of a period of six months from the date of
its dissolution:

Provided that where the remainder of the period for which the
dissolved Panchayat would have continued is less than six months, it
shall not be necessary to hold any election under this clause for
constituting the Panchayat for such period.

(4) A Panchayat constituted upon the dissolution of a Panchayat before
the expiration of its duration shall continue only for the remainder
of the period for which the dissolved Panchayat would have continued
under clause (1) had it not been so dissolved.

243F. Disqualifications for membership.-(1) A person shall be
disqualified for being chosen as, and for being, a member of a
Panchayat-

(a) if he is so disqualified by or under any law for the time being in
force for the purposes of elections to the Legislature of the State
concerned:

Provided that no person shall be disqualified on the ground that he is
less than twenty-five years of age, if he has attained the age of
twenty-one years;

(b) if he is so disqualified by or under any law made by the
Legislature of the State.

(2) If any question arises as to whether a member of a Panchayat has
become subject to any of the disqualifications mentioned in clause
(1), the question shall be referred for the decision of such authority
and in such manner as the Legislature of a State may, by law, provide.

243G. Powers, authority and responsibilities of Panchayats.- Subject
to the provisions of this Constitution, the Legislature of a State
may, by law, endow the Panchayats with such powers and authority as
may be necessary to enable them to function as institutions of
self-government and such law may contain provisions for the devolution
of powers and responsibilities upon Panchayats at the appropriate
level, subject to such conditions as may be specified therein, with
respect to-

(a) the preparation of plans for economic development and social
justice;

(b) the implementation of schemes for economic development and social
justice as may be entrusted to them including those in relation to the
matters listed in the Eleventh Schedule.

243H. Powers to impose taxes by, and Funds of, the Panchayats.-The
Legislature of a State may, by law,-

(a) authorise a Panchayat to levy, collect and appropriate such taxes,
duties, tolls and fees in accordance with such procedure and subject
to such limits;

(b) assign to a Panchayat such taxes, duties, tolls and fees levied
and collected by the State Government for such purposes and subject to
such conditions and limits;

(c) provide for making such grants-in-aid to the Panchayats from the
Consolidated Fund of the State; and

(d) provide for Constitution of such Funds for crediting all moneys
received, respectively, by or on behalf of the Panchayats and also for
the withdrawal of such moneys therefrom,

as may be specified in the law.

243-I. Constitution of Finance Commission to review financial
position.-(1) The Governor of a State shall, as soon as may be within
one year from the commencement of the Constitution (Seventy-third
Amendment) Act, 1992, and thereafter at the expiration of every fifth
year, constitute a Finance Commission to review the financial position
of the Panchayats and to make recommendations to the Governor as to-

(a) the principles which should govern-

(i) the distribution between the State and the Panchayats of the net
proceeds of the taxes, duties, tolls and fees leviable by the State,
which may be divided between them under this Part and the allocation
between the Panchayats at all levels of their respective shares of
such proceeds;

(ii) the determination of the taxes, duties, tolls and fees which may
be assigned to, or appropriated by, the Panchayat;

(iii) the grants-in-aid to the Panchayats from the Consolidated Fund
of the State;

(b) the measures needed to improve the financial position of the
Panchayats;

(c) any other matter referred to the Finance Commission by the
Governor in the interests of sound finance of the Panchayats.

(2) The Legislature of a State may, by law, provide for the
composition of the commission, the qualifications which shall be
requisite for appointment as members thereof and the manner in which
they shall be selected.

(3) The Commission shall determine their procedure and shall have such
powers in the performance of their functions as the Legislature of the
State may, by law, confer on them.

(4) The Governor shall cause every recommendation made by the
Commission under this article together with an explanatory memorandum
as to the action taken thereon to be laid before the Legislature of
the State.

243J. Audit of accounts of Panchayats.- The Legislature of a State
may, by law, make provisions with respect to the maintenance of
accounts by the Panchayats and the auditing of such accounts.

243K. Elections to the Panchayats.-(1) The superintendence, direction
and control of the preparation of electoral rolls for, and the conduct
of, all elections to the Panchayats shall be vested in a State
Election Commission consisting of a State Election Commissioner to be
appointed by the Governor.

(2) Subject to the provisions of any law made by the Legislature of a
State, the conditions of service and tenure of office of the State
Election Commissioner shall be such as the Governor may by rule de-
termine:

Provided that the State Election Commissioner shall not be removed
from his office except in like manner and on the like grounds as a
Judge of a High Court and the conditions of service of the State Elec-
tion Commissioner shall not be varied to his disadvantage after his
appointment.

(3) The Governor of a State shall, when so requested by the State
Election Commission, make available to the State Election Commission
such staff as may be necessary for the discharge of the functions con-
ferred on the State Election Commission by clause (1).

(4) Subject to the provisions of this Constitution, the Legislature of
a State may, by law, make provision with respect to all matters re-
lating to, or in connection with, elections to the Panchayats.

243L. Application to Union territories.-The provisions of this Part
shall apply to the Union territories and shall, in their application
to a Union territory, have effect as if the references to the Governor
of a State were references to the Administrator of the Union territory
appointed under article 239 and references to the Legislature or the
Legislative Assembly of a State were references, in relation to a
Union territory having a Legislative Assembly, to that Legislative
Assembly:

Provided that the President may, by public notification, direct that
the provisions of this Part shall apply to any Union territory or part
thereof subject to such exceptions and modifications as he may specify
in the notification.

243M. Part not to apply to certain areas.-(1) Nothing in this Part
shall apply to the Scheduled Areas referred to in clause (1), and the
tribal areas referred to in clause (2), of article 244.

(2) Nothing in this Part shall apply to-

(a) the States of Nagaland, Meghalaya and Mizoram;

(b) the Hill Areas in the State of Manipur for which District Councils
exist under any law for the time being in force.

(3) Nothing in this Part-

(a) relating to Panchayats at the district level shall apply to the
hill areas of the District of Darjeeling in the State of West Bengal
for which Darjeeling Gorkha Hill Council exists under any law for the
time being in force;

(b) shall be construed to affect the functions and powers of the
Darjeeling Gorkha Hill Council constituted under such law.

(4) Notwithstanding anything in this Constitution,-

(a) the Legislature of a State referred to in sub-clause (a) of clause
(2) may, by law, extend this Part to that State, except the areas, if
any, referred to in clause (1), if the Legislative Assembly of that
State passes a resolution to that effect by a majority of the total
membership of that House and by a majority of not less than two-thirds
of the members of that House present and voting;

(b) Parliament may, by law, extend the provisions of this Part to the
Scheduled Areas and the tribal areas referred to in clause (1) subject
to such exceptions and modifications as may be specified in such law,
and no such law shall be deemed to be an amendment of this
Constitution for the purposes of article 368.

243N. Continuance of existing laws and Panchayats.-Notwithstanding
anything in this Part, any provision of any law relating to Panchayats
in force in a State immediately before the commencement of the
Constitution (Seventy-third Amendment) Act, 1992, which is
inconsistent with the provisions of this Part, shall continue to be in
force until amended or repealed by a competent Legislature or other
competent authority or until the expiration of one year from such
commencement, whichever is earlier:

Provided that all the Panchayats existing immediately before such
commencement shall continue till the expiration of their duration,
unless sooner dissolved by a resolution passed to that effect by the
Legislative Assembly of that State or, in the case of a State having a
Legislative Council, by each House of the Legislature of that State.

243-O. Bar to interference by courts in electoral matters.-
Notwithstanding anything in this Constitution,-

(a) the validity of any law relating to the delimitation of
constituencies or the allotment of seats to such constituencies, made
or purporting to be made under article 243K, shall not be called in
question in any court;

(b) no election to any Panchayat shall be called in question except by
an election petition presented to such authority and in such manner as
is provided for by or under any law made by the Legislature of a
State.'.

Constitution, after sub-clause (b), the following sub-clause shall be
inserted, namely:-

"(bb) the measures needed to augment the Consolidated Fund of a State
to supplement the resources of the Panchayats in the State on the
basis of the recommendations made by the Finance Commission of the
State;".

Constitution, the following Schedule shall be added, namely:-

"ELEVENTH SCHEDULE

(Article 243G)

1. Agriculture, including agricultural extension.

2. Land improvement, implementation of land reforms, land
consolidation and soil conservation.

3. Minor irrigation, water management and watershed development.

4. Animal husbandry, dairying and poultry.

5. Fisheries.

6. Social forestry and farm forestry.

7. Minor forest produce.

8. Small scale industries, including food processing industries.

9. Khadi, village and cottage industries.

10. Rural housing.

11. Drinking water.

12. Fuel and fodder.

13. Roads, culverts, bridges, ferries, waterways and other means of
communication.

14. Rural electrification, including distribution of electricity.

15. Non-conventional energy sources.

16. Poverty alleviation programme.

17. Education, including primary and secondary schools.

18. Technical training and vocational education.

19. Adult and non-formal education.

20. Libraries.

21. Cultural activities.

22. Markets and fairs.

23. Health and sanitation, including hospitals, primary health
centres and dispensaries.

24. Family welfare.

25. Women and child development.

26. Social welfare, including welfare of the handicapped and mentally
retarded.

27. Welfare of the weaker sections, and in particular, of the
Scheduled Castes and the Scheduled Tribes.

28. Public distribution system.

29. Maintenance of community assets.".

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (SEVENTY-FOURTH AMENDMENT) ACT, 1992

Statement of Objects and Reasons appended to the Constitution
(Seventy-third Amendment) Bill, 1991 which was enacted as
the Constitution (Seventy-fourth Amendment) Act, 1992

STATEMENT OF OBJECTS AND REASONS

In many States local bodies have become weak and ineffective on
account of a variety of reasons, including the failure to hold regular
elections, prolonged supersessions and inadequate devolution of powers
and functions. As a result, Urban Local Bodies are not able to
perform effectively as vibrant democratic units of self-government.

2. Having regard to these inadequacies, it is considered necessary
that provisions relating to Urban Local Bodies are incorporated in the
Constitution particularly for-

(i) putting on a firmer footing the relationship between the State
Government and the Urban Local Bodies with respect to-

(a) the functions and taxation powers; and

(b) arrangements for revenue sharing;

(ii) Ensuring regular conduct of elections;

(iii) ensuring timely elections in the case of supersession; and

(iv) providing adequate representation for the weaker sections like
Scheduled Castes, Scheduled Tribes and women.

3. Accordingly, it is proposed to add a new part relating to the
Urban Local Bodies in the Constitution to provide for-

(a) constitution of three types of Municipalities:

(i) Nagar Panchayats for areas in transition from a rural area to
urban area;

(ii) Municipal Councils for smaller urban areas;

(iii) Municipal Corporations for larger urban areas.

The broad criteria for specifying the said areas is being provided in
the proposed article 243-0;

(b) composition of Municipalities, which will be decided by the
Legislature of a State, having the following features:

(i) persons to be chosen by direct election;

(ii) representation of Chairpersons of Committees, if any, at ward
or other levels in the Municipalities;

(iii) representation of persons having special knowledge or experience
of Municipal Administration in Municipalities (without voting rights);

(c) election of Chairpersons of a Municipality in the manner
specified in the State law;

(d) constitution of Committees at ward level or other level or levels
within the territorial area of a Municipality as may be provided in
the State law;

(e) reservation of seats in every Municipality-

(i) for Scheduled Castes and Scheduled Tribes in proportion to their
population of which not less than one-third shall be for women;

(ii) for women which shall not less than one-third of the total number
of seats;

(iii) in favour of backward class of citizens if so provided by the
Legislature of the State;

(iv) for Scheduled Castes, Scheduled Tribes and women in the office of
Chairpersons as may be specified in the State law;

(f) fixed tenure of 5 years for the Municipality and re-election
within six months of end of tenure. If a Municipality is dissolved
before expiration of its duration, elections to be held within a
period of six months of its dissolution;

(g) devolution by the State Legislature of powers and responsibilities
upon the Municipalities with respect to preparation of plans for
economic development and social justice, and for the implementation of
development schemes as may be required to enable them to function as
institutions of self-government;

(h) levy of taxes and duties by Municipalities, assigning of such
taxes and duties to Municipalities by State Governments and for making
grants-in-aid by the State to the Municipalities as may be provided in
the State law;

(i) a Finance Commission to review the finances of the Municipalities
and to recommend principles for-

(1) determining the taxes which may be assigned to the Municipalities;

(2) Sharing of taxes between the State and Municipalities;

(3) grants-in-aid to the Municipalities from the Consolidated Fund of
the State;

(j) audit of accounts of the Municipal Corporations by the Comptroller
and Auditor-General of India and laying of reports before the
Legislature of the State and the Municipal Corporation concerned;

(k) making of law by a State Legislature with respect to elections to
the Municipalities to be conducted under the superintendence,
direction and control of the chief electoral officer of the State;

(l) application of the provisions of the Bill to any Union territory
or part thereof with such modifications as may be specified by the
President;

(m) exempting Scheduled areas referred to in clause (1), and tribal
areas referred to in clause (2), of article 244, from the application
of the provisions of the Bill. Extension of provisions of the Bill to
such areas may be done by Parliament by law;

(n) disqualifications for membership of a Municipality;

(o) bar of jurisdiction of Courts in matters relating to elections to
the Municipalities.

4. The Bill seeks to achieve the aforesaid objectives.

NEW DELHI; SHEILA KAUL.

The 11th September, 1991.

THE CONSTITUTION (SEVENTY-FOURTH AMENDMENT) ACT, 1992

ACT, 1992

[20th April, 1993.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Forty-third Year of the Republic of
India as follows:-

1. Short title and commencement.-(1) This Act may be called the
Constitution (Seventy-fourth Amendment) Act, 1992.

(2) It shall come into force on such date_681 as the Central
Government may, by notification in the Official Gazette, appoint.

2. Insertion of new Part IXA.-After Part IX of the Constitution, the
following Part shall be inserted, namely:-

`PART IXA
THE MUNICIPALITIES
243P. Definitions.-In this Part, unless the context otherwise
requires,-

(a) "Committee" means a Committee constituted under article 243S;

(b) "district" means a district in a State;

(c) "Metropolitan area" means an area having a population of ten lakhs
or more, comprised in one or more districts and consisting of two or
more Municipalities or Panchayats or other contiguous areas, specified
by the Governor by public notification to be a Metropolitan area for
the purposes of this Part;

(d) "Municipal area" means the territorial area of a Municipality as
is notified by the Governor;

(e) "Municipality" means an institution of self-government constituted
under article 243Q;

(f) "Panchayat" means a Panchayat constituted under article 243B;

(g) "population" means the population as ascertained at the last
preceding census of which the relevant figures have been published.

243Q. Constitution of Municipalities.-(1) There shall be constituted
in every State,-

(a) a Nagar Panchayat (by whatever name called) for a transitional
area, that is to say, an area in transition from a rural area to an
urban area;

(b) a Municipal Council for a smaller urban area; and

(c) a Municipal Corporation for a larger urban area,

in accordance with the provisions of this Part:

Provided that a Municipality under this clause may not be constituted
in such urban area or part thereof as the Governor may, having regard
to the size of the area and the municipal services being provided or
proposed to be provided by an industrial establishment in that area
and such other factors as he may deem fit, by public notification,
specify to be an industrial township.

(2) In this article, "a transitional area", "a smaller urban area" or
"a larger urban area" means such area as the Governor may, having
regard to the population of the area, the density of the population
therein, the revenue generated for local administration, the
percentage of employment in non-agricultural activities, the economic
importance or such other factors as he may deem fit, specify by public
notification for the purposes of this Part.

243R. Composition of Municipalities.- (1) Save as provided in clause
(2), all the seats in a Municipality shall be filled by persons chosen
by direct election from the territorial constituencies in the
Municipal area and for this purpose each Municipal area shall be
divided into territorial constituencies to be known as wards.

(2) The Legislature of a State may, by law, provide-

(a) for the representation in a Municipality of-

(i) persons having special knowledge or experience in Municipal
administration;

(ii) the members of the House of the People and the members of the
Legislative Assembly of the State representing constituencies which
comprise wholly or partly the Municipal area;

(iii) the members of the Council of States and the members of the
Legislative Council of the State registered as electors within the
Municipal area;

(iv) the Chairpersons of the Committees constituted under clause (5)
of article 243S:

Provided that the persons referred to in paragraph (i) shall not have
the right to vote in the meetings of the Municipality;

(b) the manner of election of the Chairperson of a Municipality.

243S. Constitution and composition of Wards Committees, etc.-(1)
There shall be constituted Wards Committees, consisting of one or more
wards, within the territorial area of a Municipality having a
population of three lakhs or more.

(2) The Legislature of a State may, by law, make provision with
respect to-

(a) the composition and the territorial area of a Wards Committee;

(b) the manner in which the seats in a Wards Committee shall be
filled.

(3) A member of a Municipality representing a ward within the
territorial area of the Wards Committee shall be a member of that
Committee.

(4) Where a Wards Committee consists of-

(a) one ward, the member representing that ward in the Municipality;
or

(b) two or more wards, one of the members representing such wards in
the Municipality elected by the members of the Wards Committee,

shall be the Chairperson of that Committee.

(5) Nothing in this article shall be deemed to prevent the Legislature
of a State from making any provision for the constitution of
Committees in addition to the Wards Committees.

243T. Reservation of seats.-(1) Seats shall be reserved for the
Scheduled Castes and the Scheduled Tribes in every Municipally and the
number of seats so reserved shall bear, as nearly as may be, the same
proportion to the total number of seats to be filled by direct
election in that Municipality as the population of the Scheduled
Castes in the Municipal area or of the Scheduled Tribes in the
Municipal area bears to the total population of that area and such
seats may be allotted by rotation to different constituencies in a
Municipality.

(2) Not less than one-third of the total number of seats reserved
under clause (1) shall be reserved for women belonging to the Sche-
duled Castes or, as the case may be, the Scheduled Tribes.

(3) Not less than one-third (including the number of seats reserved
for women belonging to the Scheduled Castes and the Scheduled Tribes)
of the total number of seats to be filled by direct election in every
Municipality shall be reserved for women and such seats may be
allotted by rotation to different constituencies in a Municipality.

(4) The officers of Chairpersons in the Municipalities shall be
reserved for the Scheduled Castes, the Scheduled Tribes and women in
such manner as the Legislature of a State may, by law, provide.

(5) The reservation of seats under clauses (1) and (2) and the
reservation of offices of Chairpersons (other than the reservation for
women) under clause (4) shall cease to have effect on the expiration
of the period specified in article 334.

(6) Nothing in this Part shall prevent the Legislature of a State from
making any provision for reservation of seats in any Municipality or
offices of Chairpersons in the Municipalities in favour of backward
class of citizens.

243U. Duration of Municipalities, etc.-(1) Every Municipality,
unless sooner dissolved under any law for the time being in force,
shall continue for five years from the date appointed for its first
meeting and no longer:

Provided that a Municipality shall be given a reasonable opportunity
of being heard before its dissolution.

(2) No amendment of any law for the time being in force shall have the
effect of causing dissolution of a Municipality at any level, which is
functioning immediately before such amendment, till the expiration of
its duration specified in clause (1).

(3) An election to constitute a Municipality shall be completed,-

(a) before the expiry of its duration specified in clause (1);

(b) before the expiration of a period of six months from the date of
its dissolution:

Provided that where the remainder of the period for which the
dissolved Municipality would have continued is less than six months,
it shall not be necessary to hold any election under this clause for
constituting the Municipality for such period.

(4) A Municipality constituted upon the dissolution of a Muni-
cipality before the expiration of its duration shall continue only for
the remainder of the period for which the dissolved Municipality would
have continued under clause (1) had it not been so dissolved.

243V. Disqualifications for membership.-(1) A person shall be
disqualified for being chosen as, and for being, a member of a
Municipality-

(a) if he is so disqualified by or under any law for the time being in
force for the purposes of elections to the Legislature of the State
concerned:

Provided that no person shall be disqualified on the ground that he is
less than twenty-five years of age, if he has attained the age of
twenty-one years;

(b) if he is so disqualified by or under any law made by the
Legislature of the State.

(2) If any question arises as to whether a member of a Municipality
has become subject to any of the disqualifications mentioned in clause
(1), the question shall be referred for the decision of such authority
and in such manner as the Legislature of a State may, by law, provide.

243W. Powers, authority and responsibilities of Municipalities, etc.-
Subject to the provisions of this Constitution, the Legislature of a
State may, by law, endow-

(a) the Municipalities with such powers and authority as may be
necessary to enable them to function as institutions of
self-government and such law may contain provisions for the devolution
of powers and responsibilities upon Municipalities, subject to such
conditions as may be specified therein, with respect to-

(i) the preparation of plans for economic development and social
justice;

(ii) the performance of functions and the implementation of schemes as
may be entrusted to them including those in relation to the matters
listed in the Twelfth Schedule;

(b) the Committees with such powers and authority as may be necessary
to enable them to carry out the responsibilities conferred upon them
including those in relation to the matters listed in the Twelfth
Schedule.

243X. Power to impose taxes by, and Funds of, the Municipalities.-The
Legislature of a State may, by law,-

(a) authorise a Municipality to levy, collect and appropriate such
taxes, duties, tolls and fees in accordance with such procedure and
subject to such limits;

(b) assign to a Municipality such taxes, duties, tolls and fees levied
and collected by the State Government for such purposes and subject to
such conditions and limits;

(c) provide for making such grants-in-aid to the Municipalities from
the Consolidated Fund of the State; and

(d) provide for constitution of such Funds for crediting all moneys
received, respectively, by or on behalf of the Municipalities and also
for the withdrawal of such moneys therefrom.

as may be specified in the law.

243Y. Finance Commission.-(1) The Finance Commission constituted
under article 243-I shall also review the financial position of the
Municipalities and make recommendations to the Governor as to-

(a) the principles which should govern-

(i) the distribution between the State and the Municipalities of the
net proceeds of the taxes, duties, tolls and fees leviable by the
State, which may be divided between them under this Part and the
allocation between the Municipalities at all levels of their
respective shares of such proceeds;

(ii) the determination of the taxes, duties, tolls and fees which may
be assigned to, or appropriated by, the Municipalities;

(iii) the grants-in-aid to the Municipalities from the Consolidated
Fund of the State;

(b) the measures needed to improve the financial position of the
Municipalities;

(c) any other matter referred to the Finance Commission by the
Governor in the interests of sound finance of the Municipalities.

(2) The Governor shall cause every recommendation made by the
Commission under this article together with an explanatory memorandum
as to the action taken thereon to be laid before the Legislature of
the State.

243Z. Audit of accounts of Municipalities.-The Legislature of a State
may, by law, make provisions with respect to the maintenance of
accounts by the Municipalities and the auditing of such accounts.

243ZA. Elections to the Municipalities.-(1) The superintendence,
direction and control of the preparation of electoral rolls for, and
the conduct of, all elections to the Municipalities shall be vested in
the State Election Commission referred to in article 243K.

(2) Subject to the provisions of this Constitution, the Legislature of
a State may, by law, make provision with respect to all matters
relating to, or in connection with, elections to the Municipalities.

243ZB. Application to Union territories.-The provisions of this Part
shall apply to the Union territories and shall, in their application
to a Union territory, have effect as if the references to the Governor
of a State were references to the Administrator of the Union territory
appointed under article 239 and references to the Legislature or the
Legislative Assembly of a State were references in relation to a Union
territory having a Legislative Assembly, to that Legislative Assembly:

Provided that the President may, by public notification, direct that
the provisions of this Part shall apply to any Union territory or part
thereof subject to such exceptions and modifications as he may specify
in the notification.

243ZC. Part not to apply to certain areas.-(1) Nothing in this Part
shall apply to the Scheduled Areas referred to in clause (1), and the
tribal areas referred to in clause (2), of article 244.

(2) Nothing in this Part shall be construed to affect the functions
and powers of the Darjeeling Gorkha Hill Council constituted under any
law for the time being in force for the hill areas of the district of
Darjeeling in the State of West Bengal.

(3) Notwithstanding anything in this Constitution, Parliament may, by
law, extend the provisions of this Part to the Scheduled Areas and the
tribal areas referred to in clause (1) subject to such exceptions and
modifications as may be specified in such law, and no such law shall
be deemed to be an amendment of this Constitution for the purposes of
article 368.

243ZD. Committee for district planning.-(1) There shall be
constituted in every State at the district level a District Planning
Committee to consolidate the plans prepared by the Panchayats and the
Municipalitiies in the district and to prepare a draft development
plan for the district as a whole.

(2) The Legislature of a State may, by law, make provision with
respect to-

(a) the composition of the District Planning Committees;

(b) the manner in which the seats in such Committees shall be filled:

Provided that not less than four-fifths of the total number of members
of such Committee shall be elected by, and from amongst, the elected
mambers of the Panchayat at the district level and of the
Municipalities in the district in proportion to the ratio between the
population of the rural areas and of the urban areas in the district;

(c) the functions relating to district planning which may be assigned
to such Committees;

(d) the manner in which the Chairpersons of such Committees shall be
chosen.

(3) Every District Planning Committee shall, in preparing the draft
development plan,-

(a) have regard to-

(i) matters of common interest between the Panchayats and the
Municipalities including spatial planning, sharing of water and other
physical and natural resources, the integrated development of
infrastructure and environmental conservation;

(ii) the extent and type of available resources whether financial or
otherwise;

(b) consult such institutions and organisations as the Governor may,
by order, specify.

(4) The Chairperson of every District Planning Committee shall forward
the development plan, as recommended by such Committee, to the
Government of the State.

243ZE. Committee for Metropolitan planning.-(I) There shall be
constituted in every Metropolitan area a Metropolitan Planning
Committee to prepare a draft development plan for the Metropolitan
area as a whole.

(2) The Legislature of a State may, by law, make provision with
respect to-

(a) the composition of the Metropolitan Planning Committees;

(b) the manner in which the seats in such Committees shall be filled:

Provided that not less than two-thirds of the members of such
Committee shall be elected by, and from amongst, the elected members
of the Municipalities and Chairpersons of the Panchayats in the
Metropolitan area in proportion to the ratio between the population of
the Municipalities and of the Panchayats in that area;

(c) the representation in such Committees of the Government of India
and the Government of the State and of such organisations and
institutions as may be deemed necessary for carrying out the functions
assigned to such Committees;

(d) the functions relating to planning and coordination for the
Metropolitan area which may be assigned to such Committees;

(e) the manner in which the Chairpersons of such Committees shall be
chosen.

(3) Every Metropolitan Planning Committee shall, in preparing the
draft development plan,-

(a) have regard to-

(i) the plans prepared by the Municipalities and the Panchayats in the
Metropolitan area;

(ii) matters of common interest between the Municipalities and the
Panchayats, including co-ordinated spatial planning of the area,
sharing of water and other physical and natural resources, the
integrated development of infrastructure and environmental
conservation;

(iii) the overall objectives and priorities set by the Government of
India and the Government of the State;

(iv) the extent and nature of investments likely to be made in the
Metropolitan area by agencies of the Government of India and of the
Government of the State and other available resources whether
financial or otherwise;

(b) consult such institutions and organisations as the Governor may,
by order, specify.

(4) The Chairperson of every Metropolitan Planning Committee shall
forward the development plan, as recommended by such Committee, to the
Government of the State.

243ZF. Continuance of existing laws and Municipalities.-
Notwithstanding anything in this Part, any provision of any law
relating to Municipalities in force in a State immediately before the
commencement of THE CONSTITUTION (Seventy-fourth Amendment) Act, 1992,
which is inconsistent with the provisions of this Part, shall continue
to be in force until amended or repealed by a competent Legislature or
other competent authority or until the expiration of one year from
such commencement, whichever is earlier:

Provided that all the Municipalities existing immediately before such
commencement shall continue till the expiration of their duration,
unless sooner dissolved by a resolution passed to that effect by the
Legislative Assembly of that State or, in the case of a State having a
Legislative Council, by each House of the Legislature of that State.

243ZG. Bar to interference by courts in electoral matters.-
Notwithstanding anything in this Constitution,-

(a) the validity of any law relating to the delimitation of
constituencies or the allotment of seats to such constituencies, made
or purporting to be made under article 243ZA shall not be called in
question in any court;

(b) no election to any Municipality shall be called in question except
by an election petition presented to such authority and in such manner
as is provided for by or under any law made by the Legislature of a
State.'.

3. Amendment of article 280.- In clause (3) of article 280 of the
Constitution, sub-clause (c) shall be relettered as sub-clause (d) and
before sub-clause (d) as so relettered, the following sub-clause shall
be inserted, namely:-

"(c) the measures needed to augment the Consolidated Fund of a State
to supplement the resources of the Municipalities in the State on the
basis of the recommendations made by the Finance Commission of the
State;".

4. Addition of Twelfth Schedule.-After the Eleventh Schedule to the
Constitution, the following Schedule shall be added, namely:-

"TWELFTH SCHEDULE

(Article 243W)

1. Urban planning including town planning.

2. Regulation of land-use and construction of buildings.

3. Planning for economic and social development.

4. Roads and bridges.

5. Water supply for domestic, industrial and commercial purposes.

6. Public health, sanitation conservancy and solid waste manage-
ment.

7. Fire services.

8. Urban forestry, protection of the environment and promotion of
ecological aspects.

9. Safeguarding the interests of weaker sections of society,
including the handicapped and mentally retarded.

10. Slum improvement and upgradation.

11. Urban poverty alleviation.

12. Provision of urban amenities and facilities such as parks,
gardens, playgrounds.

13. Promotion of cultural, educational and aesthetic aspects.

14. Burials and burial grounds; cremations, cremation grounds and
electric crematoriums.

15. Cattle pounds; prevention of cruelty to animals.

16. Vital statistics including registration of births and deaths.

17. Public amenities including street lighting, parking lots, bus
stops and public conveniences.

18. Regulation of slaughter houses and tanneries.''.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (SEVENTY-FIFTH AMENDMENT) ACT, 1993

Statement of Objects and Reasons appended to the Constitution
(Seventy-seventh Amendment) Bill, 1992 which was enacted as
the Constitution (Seventy-fifth Amendment) Act, 1993

STATEMENT OF OBJECTS AND REASONS

The operation of the Rent Control Legislations, as are today in
various States, suffers from major weaknesses and has led to various
unintended consequences. Some of the deleterious legal consequences
include mounting and unending litigation, inability of the courts to
provide timely justice, evolution of practices and systems to by pass
the operations of rent legislations and steady shrinkage of rental
housing market.

2. The Supreme Court, taking note of the precarious state of rent
litigation in the country, in the case of Prabhakaran Nair and others
Vs. State of Tamil Nadu (Civil Writ Petition 506 of 1986 and other
writs) observed that the Supreme Court and the High Courts should be
relieved of the heavy burden of rent litigation. Tiers of appeals
should be curtailed. Laws should be simple, rational and clear.
Litigations must come to end quickly. The idea of a National Rent
Tribunal on an all-India basis with quicker procedure should be
examined.

3. It is proposed to amend article 323B in Part XIVA of the
Constitution so as to give timely relief to the rent litigants by
providing for setting up of State-level Rent Tribunals in order to
reduce the tiers of appeals and to exclude the jurisdiction of all
courts, except that of the Supreme Court, under article 136 of the
Constitution.

4. The Bill seeks to achieve the aforesaid objects.

NEW DELHI; SHEILA KAUL.

The 23rd June, 1992.

THE CONSTITUTION (SEVENTY-FIFTH AMENDMENT)
ACT, 1993

[5th February, 1994.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Forty-fourth Year of the Republic
of India as follows:-

1. Short title and commencement.-(1) This Act may be called the
Constitution (Seventy-fifth Amendment) Act, 1993.

(2) It shall come into force on such date_682 as the Central
Government may, by notification in the Official Gazette, appoint.

2. Amendment of article 323B.-In article 323B of the Constitution, in
clause (2),-

(a) sub-clauses (h) and (i) shall be re-lettered as sub-clauses (i)
and (j), and before sub-clause (i), as so re-lettered, the following
sub-clause shall be inserted, namely:-

"(h) rent, its regulation and control and tenancy issues including the
right, title and interest of landlords and tenants;";

(b) in sub-clause (i), as so re-lettered, for the brackets and letter
"(g)", the brackets and letter "(h)" shall be substituted;

(c) in sub-clause (j), as so re-lettered, for the brackets and letter
"(h)", the brackets and letter "(i)" shall be substituted.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (SEVENTY-SIXTH AMENDMENT) ACT, 1994

Statement of Objects and Reasons appended to the Constitution
(Eighty-fifth Amendment) Bill, 1994 which was enacted as
THE CONSTITUTION (Seventy-sixth Amendment) Act, 1994

STATEMENT OF OBJECTS AND REASONS

The policy of reservation of seats in Educational Institutions and
reservation of appointments of posts in public services for Backward
Classes, Scheduled Castes and Scheduled Tribes has had a long history
in Tamil Nadu dating back to the year 1921. The extent of reservation
has been increased by the State Government from time to time,
consistent with the needs of the majority of the people and it has now
reached the level of 69 per cent. (18 per cent. Scheduled Castes, 1
per cent. Scheduled Tribes and 50 per cent. Other Backward Classes).

2. The Supreme Court delivered its judgment in Indira Sawhney and
others Vs. Union of India and Others (AIR 1993 SC 477) on 16th
November, 1992, holding that the total reservations under article
16(4) should not exceed 50 per cent.

3. The issue of admission to educational institutions for the
academic year 1993-94 came up before the High Court of Madras in a
writ petition. The High Court of Madras held that the Tamil Nadu
Government could continue its reservation policy as hitherto followed
during that academic year and that the quantum of reservation should
be brought down to 50 per cent. during the academic year 1994-95.
The Government of Tamil Nadu had filed a Special Leave Petition
against the High Court of Madras in order that the present reservation
policy of the State Government should be reaffirmed so as to ensure to
continue advancement of the Backward Classes. However, the Supreme
Court of india passed an interim order reiterating that the
reservation should not exceed 50 per cent. in the matter of admission
to educational institutions.

4. In the special Session of Tamil Nadu Legislative Assembly held on
9th November, 1993, it had been unanimously resolved to call upon the
Central Government to take steps immediately to bring a suitable
amendment to the Constitution of India as to enable the Government of
Tamil Nadu to continue its policy of 69 per cent. reservation in
Government Services and for admission in Educational Institutions as
at present. An all parties meeting had also been held on 26th
November, 1993 in Tamil Nadu urging that there should not be any doubt
or delay in ensuring the continued implementation of 69 per cent.
reservation for the welfare and advancement of the backward classes.

5. The Tamil Nadu Government enacted a legislation namely Tamil Nadu
Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation
of Seats in Educational Institution and of appointments or posts in
the Services under the State) Bill, 1993 and forwarded it to the
Government of India for consideration of the President of India in
terms of article 31-C of the Constitution.

6. In view of the importance and sensitive nature of the matter, the
Union Home Minister held meetings with the leaders of Political
Parties on 13th July, 1994 to discuss the provisions of the Bill. The
general consensus among the leaders was that the Bill should be
assented to. Accordingly, the President gave his assent to the Bill
on 19th July, 1994.

7. The Tamil Nadu Government accordingly notified the Tamil Nadu
Backward Classes, Schedule Castes and Scheduled Tribes (Reservation of
Seats in Educational Institutions and of appointment or posts in the
Services under the State) Act, 1993 as Act No. 45 of 1994 on 19th
July, 1994.

8. The Tamil Nadu Government requested the Government of India on
22nd July, 1994 that the aforementioned Tamil Nadu Act 45 of 1994 be
included in the Ninth Schedule to the Constitution of India for the
reasons given below:-

"The said Act attracts article 31C of the Constitution, as falling
within the purview of clauses (b) and (c) of article 39 and articles
38 and 46 of the Constitution-vide section 2 of the Act. The Act has
been passed relying on the directive principles of State Policy
enshrined in Part IV of the Constitution and in particular, articles
38, 39 (b) and (c) and 46 of the Constitution. As the Act is to give
effect to the directive principles of State Policy contained, inter
alia, in article 39(b) and (c), the said Act will get the protection
of article 31C of the Constitution and therefore, cannot be challenged
under articles 14 and 19 of the Constitution, with reference to which
article 14, the reservation exceeding 50 per cent. has been struck
down by the Supreme Court. Now it has been decided to address the
Government of India for including the Act in the Ninth Schedule to the
Constitution, so that the law cannot be challenged as violative of any
of the fundamental rights contained in Part III of the Constitution
including articles 15 and 16, and gets protection under article 31B of
the Constitution."

9. The Government of India has already supported the provision of the
State legislation by giving the President's assent to the Tamil Nadu
Bill. As a corollary to this decision, it is now necessary that the
Tamil Nadu Act 45 of 1994 is brought within the purview of the Ninth
Schedule to the Constitution so that it gets protection under article
31B of the Constitution in regard to the judicial review.

10. The Bill seeks to achieve the aforementioned objective.

NEW DELHI; SITARAM KESRI.

The 23rd August, 1994.

THE CONSTITUTION (SEVENTY-SIXTH AMENDMENT) ACT, 1994

[31st August, 1994.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Forty-fifth Year of the Republic of
India as follows:-

1. Short title.-This Act may be called the Constitution
(Seventy-sixth Amendment) Act, 1994.

2. Amendment of the Ninth Schedule.-In the Ninth Schedule to the
Constitution, after entry 257 and before the Explanation, the
following entry shall be inserted, namely:-

"257A. The Tamil Nadu Backward Classes, Scheduled Castes and
Scheduled Tribes (Reservation of Seats in Educational Institution and
of Appointments or Posts in the Services under the State) Act, 1993
(Tamil Nadu Act 45 of 1994).".

-------

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (SEVENTY-SEVENTH AMENDMENT) ACT, 1995

Statement of Objects and Reasons appended to the Constitution
(Eighty-sixth Amendment) Bill, 1995 which was enacted as
THE CONSTITUTION (Seventy-seventh Amendment) Act, 1995

STATEMENT OF OBJECTS AND REASONS

The Scheduled Castes and the Scheduled Tribes have been enjoying the
facility of reservation in promotion since 1955. The Supreme Court in
its judgment dated 16th November, 1992 in the case of Indra Sawhney
and Others vs. Union of India and Others, however, observed that
reservation of appointments or posts under article 16(4) of the
Constitution is confined to initial appointment and cannot extent to
reservation in the matter of promotion. This ruling of the Supreme
Court will adversely affect the interests of the Scheduled Castes and
the Scheduled Tribes. Since the representation of the Scheduled
Castes and the Scheduled Tribes in services in the States have not
reached the required level, it is necessary to continue the existing
dispensation of providing reservation in promotion in the case of the
Scheduled Castes and the Scheduled Tribes. In view of the commitment
of the Government to protect the interest of the Scheduled Castes and
the Scheduled Tribes, the Government have decided to continue the
existing policy of reservation in promotion for the Scheduled Castes
and the Scheduled Tribes. To carry out this, it is necessary to amend
article 16 of the Constitution by inserting a new clause (4A) in the
said article to provide for reservation in promotion for the Scheduled
Castes and the Scheduled Tribes.

2. The Bill seeks to achieve the aforesaid object.

NEW DELHI; SITARAM KESRI.

The 31st May, 1995.

THE CONSTITUTION (SEVENTY-SEVENTH AMENDMENT)
ACT, 1995

[17th June, 1995.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Forty-sixth Year of the Republic of
India as follows:-

1. Short title.-This Act may be called the Constitution
(Seventy-seventh Amendment) Act, 1995.

2. Amendment of article 16.-In article 16 of the Constitution, after
clause (4), the following clause shall be inserted, namely:-

"(4A) Nothing in this article shall prevent the State from making any
provision for reservation in matters of promotion to any class or
classes of posts in the services under the State in favour of the
Scheduled Castes and the Scheduled Tribes which, in the opinion of the
State, are not adequately represented in the services under the
State.".

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (SEVENTY-EIGHTH AMENDMENT) ACT, 1995

Statement of Objects and Reasons appended to the Constitution
(Eighty-first Amendment) Bill, 1994 which was enacted as
THE CONSTITUTION (Seventy-eighth Amendment) Act, 1995

STATEMENT OF OBJECTS AND REASONS

Article 31B of the Constitution confers on the enactments included in
the Ninth Schedule to the Constitution immunity from legal challenge
on the ground that they violate the fundamental right enshrined in
Part III of the Constitution. The Schedule consists of list of laws
enacted by various State Governments and Central Government which
inter alia affect rights and interest in property including land.

2. In the past, whenever it was found that progressive legislation
conceived in the interest of the public was imperilled by litigation,
recourse was taken to the Ninth Schedule. Accordingly, several State
enactments relating to land reforms and ceiling on agricultural land
holdings have already been included in the Ninth Schedule. Since the
Government is committed to give importance to land reforms, it has
been certain decided to include land reform laws in the Ninth Schedule
so that they are not challenged before the Courts. The State
Governments of Bihar, Karnataka, Kerala, Orissa, Rajasthan; Tamil
Nadu and West Bengal have suggested the inclusion of some of their
Acts relating to land reforms in the Ninth Schedule.

3. Since the amendment to Acts which are already placed in the Ninth
Schedule are not automatically immunised from legal challenge, a
number of amending Acts along with a few principal Acts are also
proposed to be included in the Ninth Schedule so as to ensure that
implementation of these Acts is not adversely, affected by litigation.

4. The Bill seeks to achieve the above objects.

NEW DELHI; RAMESHWAR THAKUR.

The 22nd February, 1994.

THE CONSTITUTION (SEVENTY-EIGHTH AMENDMENT) ACT, 1995

[30th August, 1995.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Forty-sixth Year of the Republic of
India as follows:-

1. Short title.-This Act may be called the Constitution
(Seventy-eighth Amendment) Act, 1995.

2. Amendment of the Ninth Schedule.-In the Ninth Schedule to the
Constitution, after entry 257A and before the Explanation, the
following entries shall be inserted, namely:-

"258. The Bihar Privileged Persons Homestead Tenancy Act, 1947
(Bihar Act 4 of 1948).

259. The Bihar Consolidation of Holdings and Prevention of
Fragmentation Act, 1956 (Bihar Act 22 of 1956).

260. The Bihar Consolidation of Holdings and Prevention of
Fragmentation (Amendment) Act, 1970 (Bihar Act 7 of 1970).

261. The Bihar Privileged Persons Homestead Tenancy (Amendment) Act,
1970 (Bihar Act 9 of 1970).

262. The Bihar Consolidation of Holdings and Prevention of
Fragmentation (Amendment) Act, 1973 (Bihar Act 27 of 1975).

263. The Bihar Consolidation of Holdings and Prevention of
Fragmentation (Amendment) Act, 1981 (Bihar Act 35 of 1982).

264. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition
of Surplus Land) (Amendment) Act, 1987 (Bihar Act 21 of 1987).

265. The Bihar Privileged Persons Homestead Tenancy (Amendment) Act,
1989 (Bihar Act 11 of 1989).

266. The Bihar Land Reforms (Amendment) Act, 1989 (Bihar Act 11 of
1990).

267. The Karnataka Scheduled Castes and Scheduled Tribes (Pro-
hibition of Transfer of Certain Lands) (Amendment) Act, 1984
(Karnataka Act 3 of 1984).

268. The Kerala Land Reforms (Amendment) Act, 1989 (Kerala Act 16 of
1989).

269. The Kerala Land Reforms (Second Amendment) Act, 1989 (Kerala Act
2 of 1990).

270. The Orissa Land Reforms (Amendment) Act, 1989 (Orissa Act 9 of
1990).

271. The Rajasthan Tenancy (Amendment) Act, 1979 (Rajasthan Act 16 of
1979).

272. The Rajasthan Colonisation (Amendment) Act, 1987 (Rajasthan Act
2 of 1987).

273. The Rajasthan Colonisation (Amendment) Act, 1989 (Rajasthan Act
12 of 1989).

274. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)
Amendment Act, 1983 (Tamil Nadu Act 3 of 1984).

275. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)
Amendment Act, 1986 (Tamil Nadu Act 57 of 1986).

276. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second
Amendment Act, 1987 (Tamil Nadu Act 4 of 1988).

277. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land
(Amendment) Act, 1989 (Tamil Nadu Act 30 of 1989).

278. The West Bengal Land Reforms (Amendment) Act, 1981 (West Bengal
Act 50 of 1981).

279. The West Bengal Land Reforms (Amendment) Act, 1986 (West Bengal
Act 5 of 1986).

280. The West Bengal Land Reforms (Second Amendment) Act, 1986 (West
Bengal Act 19 of 1986).

281. The West Bengal Land Reforms (Third Amendment) Act, 1986 (West
Bengal Act 35 of 1986).

282. The West Bengal Land Reforms (Amendment) Act, 1989 (West Bengal
Act 23 of 1989).

283. The West Bengal Land Reforms (Amendment) Act, 1990 (West Bengal
Act 24 of 1990).

284. The West Bengal Land Reforms Tribunal Act, 1991 (West Bengal Act
12 of 1991).".

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (SEVENTY-NINTH AMENDMENT) ACT, 2000

Statement of Objects and Reasons appended to the Constitution (Eighty-Fourth Amendment) Bill, 1999 which was enacted as the Constitution (Seventy-ninth Amendment) Act, 2000.

STATEMENT OF OBJECTS AND REASONS

Article 334 of the Constitution lays down that the provisions of the Constitution relating to the reservation of seats for the Scheduled Castes and the Scheduled Tribes and the representation of Anglo-Indian community by nomination in the Lok Sabha and in the Legislative Assemblies of the States shall cease to have effect on the expiration of a period of fifty years from the commencement of the Constitution. Although the Scheduled Castes and the Scheduled Tribes have made considerable progress in the last fifty years, the reasons which weighed with the Constituent Assembly in making provisions with regard to the aforesaid reservation of seats and nomination of members, have not ceased to exist. It is, therefore, proposed to continue the reservation for the Scheduled Castes and the Scheduled Tribes and the representation of the Anglo-Indians by nomination for a further period of ten years.

The Bill seeks to achieve the above object.

NEW DELHI RAM JETHMALANI

The 21st October, 1999.

THE CONSTITUTION (SEVENTY-NINTH AMENDMENT) ACT, 1999

[21st January, 2000]

An act further to amend the Constitution of India.

BE it enacted by Parliament in the Fiftieth Year of the Republic of India as follows:-

Short title and Commencement :

(1) This Act may be called the Constitution (Seventy-Ninth Amendment) Act, 1999.

(2) It shall come into force on the 25th day of January, 2000.

2. Amendment of article 334: In article 334 of the Constitution, for the words "fifty years", the words "sixty years" shall be substituted.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (EIGHTIETH AMENDMENT) ACT, 1999

Statement of Objects and Reasons appended to the Constitution (Eighty-Ninth Amendment) Bill, 2000 which was enacted as the Constitution (Eightieth Amendment) Act, 2000.

STATEMENT OF OBJECTS AND REASONS

The Tenth Finance Commission had submitted its report on the 26th November, 1994 for the period of five years, i.e.,from 1995-96 to 1999-2000. The said report was laid on the table of both the Houses of Parliament on the 14th March,1995. One of the recommendations of the Commission that has been under consideration of the Government is an alternative scheme of sharing of the proceeds of certain Union taxes and duties between the Union and the States.

2. The alternative scheme envisages that twenty-six per cent out of the gross proceeds of Union taxes and duties (excluding stamp duty, excise duty on medicinal toilet preparations, Central Sales Tax,Consignment tax, cesses levied for specific purposes under any law made by Parliament and Surcharge) is to be assigned to the States in lieu of their existing share in income-tax, basic excise duties, special excise duties and grants in lieu of tax on railway passenger fares.

3. In addition, three per cent share in the gross proceeds of all Central taxes and duties (excluding stamp duty, excise duty on medicinal/toilet preparations, Central Sales Tax, Consignment tax, cesses levied for specific purpose under any law made by Parliament and Surcharge) is to be assigned to the States in lieu of their existing share in Additional Excise Duties in lieu of Sales Tax on tobacco, cotton and sugar. The commission had proposed that tobacco, cotton and sugar may continue to be exempt from Sales Tax and the Additional Excise Duties in lieu of Sales Tax on these items may be merged with the Basic Excise Duties.

4. Whether the alternative scheme would be more gainful to the Centre or to the States vis-à-vis existing arrangements would entirely depend on the relative growth in the Collection of various Central taxes and duties to be pooled.

5. The benefits of the scheme have been listed by the Commission in para 13.2. and 13.3 and 13.18 of their reports. These areas follows:-

(i) with a given share being allotted to the States in the

aggregate revenues from Central taxes, the States will be

able to share the aggregate buoyancy of Central taxes;

(ii) the Central Government can pursue tax reforms

without the need to consider whether a tax is sharable in

the states or not;

(iii) the impact of fluctuations in Central tax revenues would

be felt alike by the Central and the State Governments;

(iv) Should the taxes mentioned in articles 268 and/or 269 from

part of this arrangement, there will be greater likelihood of

their being tapped; and

(v) the progress of reforms will be greatly facilitated if the

ambit of tax sharing arrangement is enlarged so as to give

greater certainty of resource flows to, and increased

flexibility in tax reform.

6. The above scheme recommended by the Commission is in national interest as it helps to remove a perceived inter-tax in the tax mobilisation effort of the Government of India while leaving sufficient flexibility for meeting Centre’s exclusive needs by keeping Cesses and Surcharges outside the pooling arrangement.

7. A Discussion Paper bringing out various aspects of the scheme was laid on the table of both the Houses of Parliament on the 20th December, 1996 with a view to generate an informed debate.

8. On the basis of a consensus reached in the Third Meeting of the inter-State Council held on the 17th July, 1997, the then Government had agreed in principle to accept the scheme recommended by the Tenth Finance Commission subject to certain modifications.

9. The Government had decided to ratify the decision taken by the previous Government according in principle approval for the scheme recommended by the Tenth Finance Commission with some modifications.

10. Firstly, the percentage share of State is to be reviewed by the successive Finance Commissions instead of freezing it for fifteen years as suggested by the Tenth Finance Commission.

11. Secondly, Government had decided to change the sharing of “gross proceeds” as recommended by the Tenth Finance Commission to the sharing of “net proceeds” in order to maintain consistency between articles 270, 279 and 280 of the Constitution. However, this will not result in any consequent loss to the States because the Government has also simultaneously decided to compensate the States by suitably enhancing the percentage share beyond 29%.

12. Thirdly, as intended by the Commission, no amendment is sought to be done in article 271, which authorize the Central Government to levy surcharge on Central taxes and duties for the purpose of the Union.

13. The scheme will be effective from 1st April, 1996. The percentage share of net proceeds during 1996-97 to 1999-2000 will be such that the States’ share is 29% of the gross proceeds. The recommendations of the 11th Finance Commission, which has been mandated to give its final report by 30th June, 2000, will cover the 5 years period w.e.f. 1st April, 2000.

14. In order to implement this decision, this Bill seeks to amend article 269, 270 and 272 of the Constitution so as to bring several Central taxes and duties like Corporation tax and Customs duties at par with personal income-tax as far as their constitutionally mandated sharing with the States is concerned.

NEW DELHI YASHWANT SINHA
The 25th February, 2000.

THE CONSTITUTION (EIGHTIETH AMENDMENT) ACT, 2000

[9th June, 2000]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Fifty-First Year of the Republic of India as follows:-

1. Short title: This Act may be called the Constitution (Eightieth Amendment) Act, 2000.

2. Amendment of article 269: In article 269 of the Constitution, for clauses (1) and (2), the following clauses shall be substituted, namely:-

`'(1) Taxes on the sale or purchase of goods and taxes on the consignment of goods shall be levied and collected by the Government of India but shall be assigned and shall be deemed to have been assigned to the States on or after the 1st day of April, 1996 in the manner provided in clause (2).

Explanation.-For the purposes of this clause; -

(a) the expression “taxes on the sale or purchase of goods” shall mean taxes on sale or purchase of goods other than newspapers, where such sale or purchase takes place in the course of inter-State trade or commerce;

(b) the expression “taxes on the consignment of goods” shall mean taxes on the consignment of goods (whether the consignment is to the person making it or to any

other person), where such consignment takes place

takes place in the course of inter-State trade or

commerce;

(2) The net proceeds in any financial year of any such tax, except in so far as those proceeds represent proceeds attributable to Union territories, shall not form part of the Consolidated Fund of India, but shall be assigned to the State within which that tax is leviable in that year, and shall be distributed among those States in ccordance with such principles of distribution as may be formulated by Parliament by law’.

3. Substitution of new article for article 270:

For article 270 of the Constitution, the following article shall be substituted and shall be deemed to have been substituted with effect from the 1st day of April, 1996, namely:-

Taxes levied and distributed between the Union and the States:

`270. (1) All taxes and duties referred to in the Union List, except the duties and taxes referred to in articles 268 and 269, respectively, surcharge on taxes and duties referred to in article 271 and any cess levied for specific purposes under any law made by Parliament shall be levied and collected by the Government of India and shall be distributed between the Union and the States in the manner provided in clause (2).

(2) Such percentage, as may be prescribed, of the net proceeds of any such tax or duty in any financial year shall not form part of the Consolidated Fund of India, but shall be assigned to the States within which that tax or duty is leviable in that year, and shall be distributed among those States in such manner and from such time as may be prescribed in the manner provided in clause (3).

(3) In this article, “Prescribed” means -

(i) until a Finance Commission has been constituted, prescribed by the President by order, and

(ii) after a Finance Commission has been constituted, prescribed by the President by order after considering the recommendations of the Finance Commission.’

4. (1) Omission of article 272 : Article 272 of the Constitution shall be omitted.

(2) Notwithstanding anything contained in sub-section (1), where any sum equivalent to the whole or any part of the net proceeds of the Union duties of excise including additional duties of excise which are levied and collected by the Government of India and which has been distributed as grants-in-aid to the States after the 1st day of April, 1996, but before the commencement of this Act, such sum shall be deemed to have been distributed in accordance with the provisions of article 270, as if article 272 had been omitted with effect from the 1st day of April, 1996.

(3) Any sum equivalent to the whole or any part of the net proceeds of any other tax or duty that has been distributed as grants-in-aid to the States after the 1st day of April, 1996 but before the commencement of this Act shall be deemed to have been distributed in accordance with the provisions of article 270.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (EIGHTY FIRST AMENDMENT) ACT, 2000

Statement of Objects and Reasons appended to the Constitution (Ninetieth Amendment) Bill, 2000 which was enacted as the Constitution (Eighty-first Amendment) Act, 2000.

STATEMENT OF OBJECTS AND REASONS

Prior to August, 29, 1997, the vacancies reserved for the Scheduled Castes and the Scheduled Tribes, which could not be filled up by direct recruitment on account of non-availability of the candidates belonging to the Scheduled Castes or the Scheduled Tribes, were treated as "Backlog Vacancies". These vacancies were treated as a distinct group and were excluded from the ceiling of fifty per cent reservation. The Supreme Court of India in its judgment in the Indra Sawhney versus Union of India held that the number of vacancies to be filled up on the basis of reservations in a year including carried forward reservations should in no case exceed the limit of fifty per cent. As total reservations in a year for the Scheduled Castes, the Scheduled Tribes and the other Backward Classes combined together had already reached forty-nine and a half per cent and the total number of vacancies to be filled up in a year could not exceed fifty per cent., it became difficult to fill the "Backlog Vacancies" and to hold Special Recruitment Drives. Therefore, to implement the judgment of the Supreme Court, an Official Memorandum dated August 29, 1997 was issued to provide that the fifty per cent limit shall apply to current as well as "Backlog Vacancies" and for discontinuation of the Special Recruitment Drive.

2. Due to the adverse effect of the aforesaid order dated August 29, 1997, various organisations including the Members of Parliament represented to the central Government for protecting the interest of the Scheduled castes and the Scheduled Tribes. The Government, after considering various representations, reviewed the position and has decided to make amendment in the constitution so that the unfilled vacancies of a year, which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4A) of article 16 of the Constitution, shall be considered as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty percent. Reservation on total number of vacancies of that year. This amendment in the Constitution would enable the State to restore the position as was prevalent before august 29, 1997.

3. That Bill seeks to achieve the aforesaid object.

NEW DLEHI; VASUNDHRA RAJE

The 1st May, 2000.

THE CONSTITUTION (EIGHTY-FIRST AMENDMENT) ACT, 2000

[9th June, 2000]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Fiftieth Year of the Republic of India as follows:-

1. Short title: This Act may be called the Constitution (Eighty-first Amendment) Act, 2000.

2. Amendment of article 16: In article 16 of the Constitution, for clause (4A), the following clauses shall be inserted, namely: -

"(4B) Nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4A) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent reservation on total number of vacancies of that year".

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (EIGHTY SECOND AMENDMENT) ACT 2000

Statement of Objects and Reasons appended to the Constitution (Eighty Eighth Amendment) Bill 1999 which was enacted as the Constitution (Eighty Second Amendment) Act 2000

The Scheduled Castes and the Scheduled Tribes had been enjoying the facility of relaxation of qualifying marks and standards of evaluation in matters of reservation in promotion. The Supreme Court in its judgment dated 1-10-1996 in the case of S. Vinod Kumar Vs. Union India held that such relaxations in matters of reservation in promotion were not permissible under article 16(4) of the Constitution in view of the command contained in article 335 of the Constitution. The Apex Court also held that the law on the subject of relaxations of qualifying marks and standards of evaluation in matters of reservation in promotion is one laid down by the nine-judge Constitution Bench of the Supreme Court in the case of Indira Sawhney and others Vs. Union of India and others. Para 831 of Indira Sawhney judgment also held such relaxations as being not permissible under article 16(4) in view of the command contained in article 335 of the Constitution. In order to implement the judgments of the Supreme Court, such relaxations had to be withdrawn with effect from 22.07.1997.

2. In view of the adverse effect of the order dated 22.07.1997 on the interests of Scheduled Castes and Scheduled Tribes, representations had been received by the Government from several quarters including the Members of Parliament. Considering the various representations, the Government has reviewed the position and decided to move for constitutional amendment with a view to restore the relaxations which were withdrawn vide instructions issued by the Department of Personnel and Training on 22.07.1997.

VASUNDHARA RAJE

New Delhi;

The 22nd December, 1999

THE CONSTITUTION (EIGHTY SECOND AMENDMENT) ACT, 2000

[8th September 200]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Fifty-first year of the Republic of India as follows :—

1. Short title: This Act may be called the Constitution (Eighty-second Amendment) Act, 2000

2. Amendment of article 335: In Article 335 of the Constitution, the following proviso shall be inserted at the end,

namely :—

"Provided that nothing in this article shall prevent in making of any provision in favour of the members of the Scheduled Castes and the Scheduled Tribes for relaxation in qualifying marks in any examination or lowering the standards of evaluation, for reservation in matters of promotion to any class or classes of services or posts in connection with the affairs of the Union or of a State".

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (EIGHTY THIRD AMENDMENT) ACT 2000

Statement of Objects and Reasons appended to the Constitution(Eighty Sixth Amendment) Bill 1999 which was enacted as the Constitution (Eighty Third Amendment) Act 2000

The Constitution (Seventy-third Amendment) Act. 1992 was brought into force with effect from the 24th April, 1993. The said Act provided that within one year from date of commencement of that Act, all the States shall amend their local laws to bring them in conformity with the new provisions under the Constitution. This exercise will required to be completed before the 23rd April, 1994.

2. Article 243D provides for reservation for the Scheduled Castes and the Scheduled Tribes in every Panchayat. Arunachal Pradesh is a State inhabited fully by indigenous tribal people. No Scheduled Castes exist in the State. No reservation of seats for the Scheduled Castes has been made in the State Legislative Assembly and no provisions exist under any law to that effect. There is also no reservation for the Scheduled Castes in State Government services.

3. The Bengal Eastern Frontier Regulation, 1873 and the Chin Hill Regulations, 1896 provide special protection and safeguard for the peaceful existence of the indigenous tirbal people of Arunachal Pradesh. These laws probihit the entry of outsiders in the tribal area without "Inner Line Permit". Only the indigenous tribal people are allowed to participate in the democratic process.

4. The tribal society in Arunachal Pradesh is, casteless where social equality among men and women has prevailed over centuries and ages. Since no Scheduled Castes exist in the State and the State of Arunachal Pradesh is singularly free from the caste system, it is proposed to insert a new clause (3A) in article 243M of the Constitution of India, to exempt the State of Arunachal Pradesh from the application of article 243D relating to the reservation of seats in Panchayats for the Scheduled Castes.

5. This will provide a legal and constitutional basis for Panchayat Raj Institutions in Arunachal Pradesh in accordance with the socio-political ethos of the State.

6. The Bill seeks to achieve the aforesaid objective.

SUNDER LAL PATWA

New Delhi;

The 16th December, 1999

THE CONSTITUTION (EIGHTY-THIRD AMENDMENT) ACT, 2000

[8th September, 2000]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Fifty-first Year of the Republic of India as follows:—

1. Short title: This Act may be called the Constitution (Eighty-third Amendment) Act, 2000

2. Amendment of article 243M: In article 243M of the Constitution, after clause (3), the following clause shall be inserted namely:-

"(3A) Nothing in article 243D, relating to reservation of seats for the Scheduled Castes, shall apply to the State of Arunachal Pradesh.".

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (EIGHTY FOURTH AMENDMENT) ACT, 2002

Statement of Objects and Reasons appended to the Constitution (Ninty First Amendment) Bill, 2000 which was enacted as the Constitution (Eighty Fourth Amendment) Act, 2002.

STATEMENT OF OBJECTS AND REASONS

Provisos to articles 82 and 170 (3) of the Constitution provide that no fresh readjustment of constituencies can be undertaken until the figures of the first census taken after the year 2000 are published. These provisos were inserted by the Constitution (Forty-second Amendment) Act, 1976 as a measure to boost family planning norms. Since the first census to be taken after the year 2000 has already begun, the constitutional embargo on undertaking fresh delimitation will lapse as soon as the figures of this census are published.

2. There have been consistent demands, both for and against undertaking the exercise of fresh delimitation. Keeping in view the progress of family planning programmes in different parts of the country, the Government, as part of the National Population Policy strategy, recently decided to extend the current freeze on undertaking fresh delimitation up to the year 2026 as a motivational measure to enable the State Government to pursue the agenda for population stabilisation.

3. Government has also decided to undertake readjustment and rationalization of territorial constituencies in the States, without altering the number of seats allotted to each State in the House of the People and Legislative Assemblies of the States, including the Scheduled Castes and the Scheduled Tribes constituencies, on the basis of the population ascertained at the census for the year 1991, so as to remove the imbalance caused due to uneven growth of population/electorate in different constituencies.

4. It is also proposed to refix the number of seats reserved for the Scheduled Castes and the Scheduled Tribes in the House of the People and the Legislative Assemblies of the States on the basis of the population ascertained at the census for the year 1991.

ARUN JAITLEY

New Delhi;

The 8th November, 2000

Bill No. 172-F of 2000

THE CONSTITUTION (EIGHTY-FOURTH AMENDMENT) ACT, 2002

[21st February 2002]

BE it enacted by Parliament in the Fifty-second Year of the Republic of India as follows:—

1. This Act may be called the Constitution (Eighty-fourth Amendment) Act, 2002. Short title

2. In article 55 of the Constitution, in the proviso to the Explanation, for the figures Amendment of

"2000", the figures "2026" shall be substituted. Article 55

3. In article 81 of the Constitution, in the proviso to clause (3),—

(i) for the figures "2000", the figures "2026" shall be substituted; Amendment of

article 81

(ii) for the words and figures "be construed as a reference to the 1971 census.",

the following shall be substituted, namely:—

"be construed,—

(i) for the purposes of sub-clause (a) of clause (2) and the proviso to that

clause, as a reference to the 1971 census; and

(ii) for the purposes of sub-clause (b) of clause (2) as a reference to the

1991 census.".

4. In article 82 of the Constitution, in the third proviso,— Amendment of

Article 82

(i) for the figures "2000", the figures "2026" shall be substituted;

(ii) for the words "readjust the allocation of seats in the House of the People to

the States and the division of each State into territorial constituencies under this

article.", the following shall be substituted, namely:—

"readjust—

(i) the allocation of seats in the House of the People to the State as

readjusted on the basis of the 1971 census; and

(ii) the division of each State into territorial constituencies as may be

readjusted on the basis of the 1991 census,

under this article.".

5. In article 170 of the Constitution,— Amendment of

article 170

(a) in clause (2), in the proviso to the Explanation, for the figures "2000" and

"1971", the figures "2026" and "1991" shall respectively be substituted;

(b) in the third proviso to clause (3),—

(i) for the figures "2000", the figures "2026" shall be substituted;

(ii) for the words "readjust the total number of seats in the Legislative Assembly

of each State and the division of such State into territorial constituencies under this

clause.", the following shall be substituted, namely:—

"readjust—

(i) the total number of seats in the Legislative Assembly of each State as

readjusted on the basis of the 1971 census; and

(ii) the division of such State into territorial constituencies as may be

readjusted on the basis of the 1991 census,

under this clause.".

6. In article 330 of the Constitution, in the proviso to the Explanation, for the figures Amendment of

"2000" and "1971", the figures "2026" and "1991" shall respectively be substituted. Article 330

7. In article 332 of the Constitution,— Amendment of

Article 332

(a) in clause (3A), for the figures "2000", the figures "2026" shall be substituted;

(b) in clause (3B), for the figures "2000", the figures "2026" shall be substituted;

Gulshan Tanwar (Expert) 29 December 2010
THE CONSTITUTION (EIGHTY-FIFTH AMENDMENT) ACT, 2001
[4th January, 2002.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Fifty-second Year of the Republic
of India as follows:-

1. Short title and commencement.-(1) This Act may be called the
Constitution (Eighty-fifth Amendment) Act, 2001.

(2) It shall be deemed to have come into force on the 17th day of
June, 1995.

2. Amendment of article 16.-In article 16 of the Constitution, in
clause (4A), for the words "in matters of promotion to any class", the
words "in matters of promotion, with consequential seniority, to any
class" shall be substituted.

SUBHASH C. JAIN,
THE CONSTITUTION (EIGHTY-FIFTH AMENDMENT) ACT, 2001
[4th January, 2002.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Fifty-second Year of the Republic
of India as follows:-

1. Short title and commencement.-(1) This Act may be called the
Constitution (Eighty-fifth Amendment) Act, 2001.

(2) It shall be deemed to have come into force on the 17th day of
June, 1995.

2. Amendment of article 16.-In article 16 of the Constitution, in
clause (4A), for the words "in matters of promotion to any class", the
words "in matters of promotion, with consequential seniority, to any
class" shall be substituted.

SUBHASH C. JAIN,
Secy. to the Govt. of India.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (EIGHTY-SIXTH AMENDMENT) ACT, 2002
[12th December, 2002.]

An Act further to amend the Constitution of India. .
BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:-

1. Short title and commencement.- (1) This Act may be called the Constitution (Eighty-sixth Amendment) Act, 2002.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. Insertion of new article 21A.- After article 21 of the Constitution, the following article shall be inserted, namely:-

Right to education.-

"21A. The State shall provide free and compulsory education to all children of the age of six to fourteen years in such
manner as the State may, by law, determine.".

3. Substitution of new article for article 45.- For article 45 of the Constitution,the following article shall be
substituted, namely:- .

Provision for early childhood care and education to children below the age of six years.

"45. The State shall endeavour to provide early childhood care and education for all children until they complete the
age of six years.".

4. Amendment of article 51A.- In article 51A of the Constitution, after clause (J), the following clause shall be added,
namely:-

"(k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between
the age of six and fourteen years.".

SUBHASH C. JAIN,
Secy. to the Govt. of India.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (EIGHTY-SEVENTH AMENDMENT) ACT, 2003

[22nd June, 2003]

BE it enacted by Parliament in the Fifty-fourth Year of the Republic

of India as follows:-

1. Short title. - This Act may be called the Constitution (Eighty-seventh

Amendment) Act, 2003.

2. Amendment of article 81. - In article 81 of the Constitution, in clause (3),

in the proviso, in clause (ii), for the figures "1991", the figures "2001"

shall be substituted.

3. Amendment of article 82. - In article 82 of the Constitution, in the third

proviso, in clause (ii), for the figures "1991", the figures "2001" shall be

substituted.

4. Amendment of article 170. - In article 170 of the Constitution,-

(i) in clause (2), in the Explanation, in the proviso, for the figures "1991",

the figures "2001" shall be substituted;

(ii) in clause (3), in the Explanation, in the third proviso, for the figures

"1991", the figures "2001" shall be substituted;

5. Amendment of article 330. - In article 330 of the Constitution, in the

Explanation, in the proviso, for the figures "1991", the figures "2001" shall

be substituted;

SUBHASH C. JAIN

Secy. to the Govt. of India.

_______

6. CORRIGENDUM - In the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (34 of 2003) as published in the Gazette of India, Extraordinary, Part II, Section I, dated the 19th May, 2003 (Issue No.37), at page 10, in line 2, for "[See section 2(p)]", read "[See section 3(p)]".

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (EIGHTY-EIGHTH AMENDMENT) ACT, 2003

[15th January, 2004.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Fifty-fourth Year of the Republic of India as follows:-

1.Short title and commencement. - (1) This Act may be called the Constitution (Eighty-eighth

Amendment) Act, 2003.

(2) It shall come into force on such date as the Central Government may, by notification

in the Official Gazette, appoint.

2.Insertion of new article 268A. - After article 268 of the Constitution, the following

article shall be inserted, namely:-

Service tax levied by Union and collected and appropriated by the Union and the States.

"268A. Service tax levied by Union and collected and appropriated by the Union and the

States.-(1) Taxes on services shall be levied by the Government of India and such tax

shall be collected and appropriated by the Government of India and the States in the

manner provided in clause (2).

(2) The proceeds in any financial year of any such tax levied in accordance with the

provisions of clause (1) shall be-

(a) collected by the Government of India and the States;

(b) appropriated by the Government of India and the States,

in accordance with such principles of collection and appropriation as may be formulated

by Parliament by law.".

3.Amendment of article 270. - In article 270 of the Constitution, in clause (1), for the

words and figures "articles 268 and 269", the words, figures and letter "articles 268,

268A and 269" shall be substituted.

4.Amendment of Seventh Schedule. - In the Seventh Schedule to the Constitution, in List

I-Union List, after entry 92B, the following entry shall be inserted, namely:-

"92C. Taxes on services.".

T.K. VISWANATHAN,

Secy. to the Govt. of India.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (EIGHTY-NINTH AMENDMENT) ACT, 2003

[28th September, 2003.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Fifty-fourth Year of the Republic
of India as follows:-

1. Short title and commencement.- (1) This Act may be called the Constitution
(Eighty-ninth Amendment) Act, 2003.

(2) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.

2. Amendment of article 338. - In article 338 of the Constitution,-

(a) for the marginal heading, the following marginal heading shall be
substituted, namely:-

"National Commission for Scheduled Castes.";

(b) for clauses (1) and (2), the following clauses shall be substituted,
namely:-

"(1) There shall be a Commission for the Scheduled Castes to be known as the
National Commission for the Scheduled Castes.

(2) Subject to the provisions of any law made in this behalf by Parliament,
the Commission shall consist of a Chairperson, Vice-Chairperson and three other
Members and the conditions of service and tenure of office of the Chairperson,
Vice-Chairperson and other Members so appointed shall be such as the President
may by rule determine.";

(c) in clauses (5), (9) and (10), the words "and Scheduled Tribes", wherever
they occur, shall be omitted.

3. Insertion of new article 338A. - After article 338 of the Constitution, the
following article shall be inserted, namely:-

"338A. National Commission for Scheduled Tribes.-(1) There shall be a
Commission for the Scheduled Tribes to be known as the National Commission for
the Scheduled Tribes.

(2) Subject to the provisions of any law made in this behalf by Parliament,
the Commission shall consist of a Chairperson, Vice-Chairperson and three other
Members and the conditions of service and tenure of office of the Chairperson,
Vice-Chairperson and other Members so appointed shall be such as the President
may by rule determine.

(3) The Chairperson, Vice-Chairperson and other Members of the Commission shall
be appointed by the President by warrant under his hand and seal.

(4) The Commission shall have the power to regulate its own procedure.

(5) It shall be the duty of the Commission-

(a) to investigate and monitor all matters relating to the safeguards provided
for the Scheduled Tribes under this Constitution or under any other law for the
time being in force or under any order of the Government and to evaluate the
working of such safeguards;

(b) to inquire into specific complaints with respect to the deprivation of
rights and safeguards of the Scheduled Tribes;

(c) to participate and advise on the planning process of socio-economic
development of the Scheduled Tribes and to evaluate the progress of their
development under the Union and any State;

(d) to present to the President, annually and at such other times as the
Commission may deem fit, reports upon the working of those safeguards;

(e) to make in such reports recommendations as to the measures that should be
taken by the Union or any State for the effective implementation of those
safeguards and other measures for the protection, welfare and socio-economic
development of the Scheduled Tribes; and

(f) to discharge such other functions in relation to the protection, welfare
and development and advancement of the Scheduled Tribes as the President may,
subject to the provisions of any law made by Parliament, by rule specify.

(6) The President shall cause all such reports to be laid before each House of
Parliament along with a memorandum explaining the action taken or proposed to
be taken on the recommendations relating to the Union and the reasons for the
non-acceptance, if any, of any of such recommendations.

(7) Where any such report, or any part thereof, relates to any matter with
which any State Government is concerned, a copy of such report shall be
forwarded to the Governor of the State who shall cause it to be laid before the
Legislature of the State along with a memorandum explaining the action taken or
proposed to be taken on the recommendations relating to the State and the
reasons for the non-acceptance, if any, of any of such recommendations.

(8) The Commission shall, while investigating any matter referred to in
sub-clause (a) or inquiring into any complaint referred to in sub-clause (b) of
clause (5), have all the powers of a civil court trying a suit and in
particular in respect of the following matters, namely:-

(a) summoning and enforcing the attendance of any person from any part of India
and examining him on oath;

(b) requiring the discovery and production of any document;

(c) receiving evidence on affidavits;

(d) requisitioning any public record or copy thereof from any court or office;

(e) issuing commissions for the examination of witnesses and documents;

(f) any other matter which the President may, by rule, determine.

(9) The Union and every State Government shall consult the Commission on all
major policy matters affecting Scheduled Tribes.".

SUBHASH C. JAIN,

Secy. to the Govt. of India.

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (NINETIETH AMENDMENT) ACT, 2003

[28th September, 2003.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Fifty-fourth Year of the Republic
of India as follows:-

1. Short title - This Act may be called the Constitution (Ninetieth Amendment)
Act, 2003.

2. Amendment of article 332. - In article 332 of the Constitution, in clause (6), the following proviso shall be inserted, namely:-

"Provided that for elections to the Legislative Assembly of the State of Assam,
the representation of the Scheduled Tribes and non-Scheduled Tribes in the
constituencies included in the Bodoland Territorial Areas District, so
notified, and existing prior to the constitution of the Bodoland Territorial
Areas District, shall be maintained.".

SUBHASH C. JAIN,

Secy. to the Govt. of India.

Gulshan Tanwar (Expert) 29 December 2010
THE CONSTITUTION (NINETY-FIRST AMENDMENT) ACT, 2003
An
Act
further to amend the Constitution of India.
BE it enacted by Parliament in the Fifty-fourth Year of the Republic of India as follows:-
1. This Act may be called the Constitution (Ninety-first Amendment) Act, 2003.
Short title.
2. In article 75 of the Constitution, after clause (1), the following clauses shall be inserted, namely:--
Amendment of article 75.
“(1A) The total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed fifteen per cent. of the total number of members of the House of the People.
(1B) A member of either House of Parliament belonging to any political party who is disqualified for being a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause (1) for duration of the period
commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to either House of Parliament before the expiry of such period, till the date on which he is declared elected, whichever is earlier.”.
Amendment of article 164.
3. In article 164 of the Constitution, after clause (1), the following clauses shall be inserted, namely:--
“(1A) The total number of Ministers, including the Chief Minister, in the Council of Ministers in a State shall not exceed fifteen per cent. of the total number of members of the Legislative Assembly of that State:
Provided that the number of Ministers, including Chief Minister in a State shall not be less than twelve:
Provided further that where the total number of Ministers including the Chief Minister in the Council of Ministers in any State at the commencement of the Constitution (Ninety-first Amendment) Act, 2003 exceeds the said fifteen per cent. or the number specified in the first proviso, as the case may be, then, the total number of Ministers in that State shall be brought in conformity with the provisions of this clause within six months from such date as the President may by public notification appoint.
(1B) A member of Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council belonging to any political party who is disqualified for being a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council, as the case may be, before the expiry of such period, till the date on which he is declared elected, whichever is earlier.”.
Insertion of new article 361B.
4. After article 361A of the Constitution, the following article shall be inserted, namely:--
Disqualification for appointment on remunerative political post.
‘361B. A member of a House belonging to any political party who is disqualified for being a member of the House under paragraph 2 of the Tenth Schedule shall also be disqualified to hold any remunerative political post for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or till the date on which he contests an election to a House and is declared elected, whichever is earlier.
Explanation.—For the purposes of this article,--
(a) the expression “House” has the meaning assigned to it in clause (a) of paragraph 1 of the Tenth Schedule;
2
(b) the expression “remunerative political post” means any office—
(i) under the Government of India or the Government of a State where the salary or remuneration for such office is paid out of the public revenue of the Government of India or the Government of the State, as the case may be; or
(ii) under a body, whether incorporated or not, which is wholly or partially owned by the Government of India or the Government of a State and the salary or remuneration for such office is paid by such body,
except where such salary or remuneration paid is compensatory in nature.’.
5. In the Tenth Schedule to the Constitution,--
(a) in paragraph 1, in clause (b), the words and figure “paragraph 3 or, as the case may be,” shall be omitted;
(b) in paragraph 2, in sub-paragraph (1), for the words and figures “paragraphs 3, 4 and 5”, the words and figures “paragraphs 4 and 5” shall be substituted;
(c) paragraph 3 shall be omitted.
Amendment of the Tenth Schedule.
3
STATEMENT OF OBJECTS AND REASONS
Demands have been made from time to time in certain quarters for strengthening and amending the Anti-defection Law as contained in the Tenth Schedule to the Constitution of India, on the ground that these provisions have not been able to achieve the desired goal of checking defections. The Tenth Schedule has also been criticised on the ground that it allows bulk defections while declaring individual defections as illegal. The provisions for exemption from disqualification in case of splits as provided in paragraph 3 of the Tenth Schedule to the Constitution of India has, in particular, come under severe criticism on account of its destablilising effect on the Government.
2. The Committee on Electoral Reforms (Dinesh Goswami Committee) in its report of May, 1990, the Law Commission of India in its 170th Report on “Reform of Electoral Laws” (1999) and the National Commission to Review the Working of the Constitution (NCRWC) in its report of March 31, 2002 have, inter alia, recommended omission of said paragraph 3 of the Tenth Schedule to the Constitution of India pertaining to exemption from disqualification in case of splits. The NCRWC is also of the view that a defector should be penalised for his action by debarring him from holding any public office as a Minister or any other remunerative political post for at least the duration of the remaining term of the existing Legislature or until, the next fresh elections whichever is earlier. It is proposed to accept these suggestions.
3. The NCRWC has also observed that abnormally large Councils of Ministers were being constituted by various Governments at Centre and States and this practice had to be prohibited by law and that a ceiling on the number of Ministers in a State or the Union Government be fixed at the maximum of 10% of the total strength of the popular House of the Legislature.
4. In the light of the above, it is proposed to amend the Constitution by omitting paragraph 3 of the Tenth Schedule to the Constitution of India and to provide that the size of the Council of Ministers should not be more than 10% of the strength of House or Houses concerned whether Unicameral or Bicameral. However, in case of smaller States like Sikkim, Mizoram and Goa having 32, 40 and 40 Members in the Legislative Assemblies respectively, a minimum strength of seven Ministers is proposed.
5. The Bill seeks to achieve the objects mentioned above.
ARUN JAITLEY.
NEW DELHI;
The 26th April, 2003.
4
ANNEXURE
EXTRACTS FROM THE CONSTITUTION OF INDIA
* * * * *
TENTH SCHEDULE
[Articles 102(2) and 191(2)]
Provisions as to disqualification on ground of defection
1. Interpretation.—In this Schedule, unless the context otherwise requires,--
* * * * *
(b) “legislature party”, in relation to a member of a House belonging to any political party in accordance with the provisions of paragraph 2 or paragraph 3 or, as the case may be, paragraph 4, means the group consisting of all the members of that House for the time being belonging to that political party in accordance with the said provisions.
* * * * *
2. Disqualification on ground of defection.—(1) Subject to the provisions of paragraphs 3, 4 and 5, a member of a House belonging to any political party shall be disqualified for being a member of the House—
* * * * *
3. Disqualification on ground of defection not to apply in case of split.—Where a member of a House makes a claim that he and any other members of his legislature party constitute the group representing a faction which has arisen as a result of a split in his original political party and such group consists of not less than one-third of the members of such legislature party,--
(a) he shall not be disqualified under sub-paragraph (1) of paragraph 2 on the ground--
(i) that he has voluntarily given up his membership of his original political party; or
(ii) that he has voted or abstained from voting in such House contrary to any direction issued by such party or by any person or authority authorised by it in that behalf without obtaining the prior permission of such party, person or authority and such voting or abstention has not been condoned by such party, person or authority within fifteen days from the date of such voting or abstention; and
(b) from the time of such split, such faction shall be deemed to be the political party to which he belongs for the purposes of sub-paragraph (1) of paragraph 2 and to be his original political party for the purposes of this paragraph.
* * * * *
5
LOK SABHA
_______
A
BILL
further to amend the Constitution of India.
_________
(As passed by the Houses of Parliament)

Gulshan Tanwar (Expert) 29 December 2010

THE CONSTITUTION (NINETY-SECOND AMENDMENT) ACT, 2003

[7th January, 2004.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Fifty-fourth Year of the Republic of India as follows:-

1.Short title and commencement. - (1) This Act may be called the Constitution (Ninety-second

Amendment) Act, 2003.

(2) Amendment of Eighth Schedule : In the Eighth Schedule to the Constitution, -

(a) existing entry 3 shall be re-numbered as entry 5, and before entry 5 as so re-numbered, the following entries shall be inserted, namely:-

“ 3.Bodo.

4.Dogri. “;

(b) existing entries 4 to 7 shall respectively be re-numbered as entries 6 to 9;

(c) existing entry 8 shall be re-numbered as entry 11 and before entry 11 as so renumbered, the following entry shall be inserted, namely :-

“ 10.Maithili. “;

(d) existing entries 9 to 14 shall respectively be re-numbered as entries 12 to 17;

(e) existing entry 15 shall be re-numbered as entry 19 and before entry 19 as so re-numbered, the following entry shall be inserted, namely :-

“ 18.Santhali. “;

(f) existing entries 16 to 18 shall respectively be re-numbered as entries 20 to 22.

T.K.VISWANATHAN

Secy. To the Govt. of India.

2.Insertion of new article 268A. - After article 268 of the Constitution, the following

article shall be inserted, namely:-

Service tax levied by Union and collected and appropriated by the Union and the States.

"268A. Service tax levied by Union and collected and appropriated by the Union and the

States.-(1) Taxes on services shall be levied by the Government of India and such tax

shall be collected and appropriated by the Government of India and the States in the

manner provided in clause (2).

(2) The proceeds in any financial year of any such tax levied in accordance with the

provisions of clause (1) shall be-

(a) collected by the Government of India and the States;

(b) appropriated by the Government of India and the States,

in accordance with such principles of collection and appropriation as may be formulated

by Parliament by law.".

3.Amendment of article 270. - In article 270 of the Constitution, in clause (1), for the

words and figures "articles 268 and 269", the words, figures and letter "articles 268,

268A and 269" shall be substituted.

4.Amendment of Seventh Schedule. - In the Seventh Schedule to the Constitution, in List

I-Union List, after entry 92B, the following entry shall be inserted, namely:-

"92C. Taxes on services.".

T.K. VISWANATHAN,

Secy. to the Govt. of India.

{}

Gulshan Tanwar (Expert) 29 December 2010
THE CONSTITUTION (NINETY-THIRD AMENDMENT) ACT, 2005

NO. 93 OF 2005

[20th January, 2006.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Fifty-sixth Year of the Republic of

India as follows:-

1.

Short title and commencement.

1. Short title and commencement.-

(1) This Act may be called the

Constitution (Ninety-third Amendment) Act, 2005.

(2) It shall come into force on such date as the Central Government

may, by notification in the Official Gazette, appoint.

2.

Amendment of article 15.

2. Amendment of article 15.-In article 15 of the Constitution, after

clause (4), the following clause shall be inserted, namely:-

"(5) Nothing in this article or in sub-clause (g) of clause (1) of

article 19 shall prevent the State from making any special provision,

by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30.".

T. K. VISWANATHAN,

Secy. to the Govt. of India.

Gulshan Tanwar (Expert) 29 December 2010
Ministry of Law and Justice
(Legislative Department)
New Delhi the 13th June 2006/Jaistha 23,1928 (Saka)

The following Act of Parliament received the assent of the President on the 12th June of 2006 and is hereby being published for general information:

THE CONSTITUTION (NINETY-FOURTH AMENDMENT) ACT, 2006

[12th JUNE, 2006.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Fifty-Seventh Year of the Republic of India as follows:-

1.Short title and commencement. - (1) This Act may be called the Constitution (Ninety-Fourth Amendment) Act, 2006.

2. In Article 164 of the Constitution, in clause (1) of the proviso, for the word "Bihar", Chattisgarh and Jharkhand shall be substituted.

Gulshan Tanwar (Expert) 29 December 2010
"This information is downloaded from the website of Ministry of Law and Justice (Legislative Department)".

Except 94th Amendment, all information have been downloaded and posted to this website for reference of all.

Guest (Expert) 04 January 2011
It is very simple. The main aim of the amendments are that the statutes must be updated to the changing scenario and problems. If the statutes lacks some aspect on the giving justice or some loop hole and in order to give benefits of the statutes to the people and its beneficiaries the amendments are carried out. if the amendments could not able to satisfy the needs a new statute has been enacted.

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