THE CONSTITUTION (THIRD AMENDMENT) ACT, 1954
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.
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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.
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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.
NWE DELHI; C.C. BISWAS
The 19th May 1952.
THE CONSTITUTION (THIRD AMENDMENT) ACT, 1976.
[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 oilcake and other concentrates;
(d) raw cotton whether ginned or unpinned, and cotton seeds; and
(e) raw jute.".
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FAQ
What modifications are included in this version?
All amendments made by Parliament up to the Constitution (One Hundred and Fourth Amendment) Act, 2019 have been incorporated in this version. Footnotes below the text indicate the Constitution Amendment Acts by which such amendments have been made.
What are the provisions of the Constitution (Forty-second Amendment) Act?
Ins. By the Constitution (Forty-second Amendment) Act, 1976, s. 46 (w.e.f. 3-1-1977) (3) The provisions of this article shall have effect notwithstanding anything contained in any other provision of this Constitution or any other law for the time being in force. 323B.
Which amendments have been left out of the Constitution?
Omitted by the Constitution (Sixty-third Amendment) Act, 1989, s. 2 (w.e.f. 6-1-1990) & Ins. By the Constitution (Sixty-fourth Amendment) Act, 1990, s. 2 (from 16-4-1990) Sub. By the Constitution (Forty-second Amendment) Act, 1976, s. 51, for cl. (2) (w.e.f. 3-1-1977) a competent Legislature or other authority.] 358.
