AMENDMENTS SECTION OF: 1-4

 

THE CONSTITUTION (SECOND AMENDMENT) ACT,1952

SECTION OF: 1-4

SECOND AMENDMENT 

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

FAT COUPON

 The present delimitation of Parliamentary and Assembly constituencies is based on the estimates of the 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.

TOP COUPON CODES

 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 the population to one member for every 7.5 lakhs of the population as per the 1951 census. 

As pointed out above, this figure of 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 constituencies 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 with the figures 850,000 and 650,000 respectively.

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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" shall be omitted.

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FAQ

What is an amendment to the Indian Constitution?

An amendment is an addition or change made to the constitution, statute, or legislative bill or resolution. Amendments can be made to existing constitutions and laws and are usually also made to bills as they pass through the legislature. Article 368 contains provisions for amendment of the Indian Constitution. 368.

Which amendment has been drafted as a law?

Every constitutional amendment is drafted as a law. The first amendment is called the "Constitution (First Amendment) Act", the second is called the "Constitution (Second Amendment) Act", etc. Each usually has the long title "An Act further to amend the Constitution of India".

What is the first category of amendments?

The first category of amendments are those which are covered under Article 4(2), 169, 239A(2), 239AA(7b), 243M(4b), 243ZC(3), 244A(4), 312(4), Para 7(2) ) of Schedule V and para 21(2) of Schedule VI. These amendments can be made by Parliament by a simple majority as is required to pass any ordinary law.