AMENDMENTS SECTION OF: 1-4

 THE CONSTITUTION (FORTY-THIRD AMENDMENT) ACT, 1977

SECTION OF: 1-4

FORTH-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 an 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.

AMENDMENTS SECTION OF: 1-7

 THE CONSTITUTION (FORTY-SECOND AMENDMENT) ACT, 1976

 SECTION OF: 1-7

FORTY-SECOND AMENDMENT

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 REASON

A Constitution to be living must be growing. If the impediments tothe growth of the Constitution are not removed, the Constitution willsuffer a virtual atrophy. The question of amending the Constitutionfor removing the difficulties which have arisen in achieving theobjective of socio-economic revolution, which would end poverty andignorance and disease and inequality of opportunity, has been engagingthe active attention of Government and the public for some years now.

2. The democratic institutions provided in the Constitution arebasically sound and the path for progress does not lie in denigratingany of these institutions. However, there could be no denial thatthese institutions have been subjected to considerable stresses andstrains and that vested interests have been trying to promote theirselfish ends to the great detriment of public good.

AMENDMENTS SECTION OF: 1-6

 THE CONSTITUTION (FORTY-FIRST AMENDMENT) ACT, 1976

SECTION OF: 1-6

FORTY-FIRST AMENDMENT

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.

AMENDMENTS SECTION OF: 1-4

 THE  CONSTITUTION (FORTIETH AMENDMENT) ACT, 1976

SECTION OF: 1-4

FORTIETH AMENDMENT

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 a 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.

AMENDMENTS SECTION OF: 1-4

 THE CONSTITUTION (THIRTY-NINTH AMENDMENT) ACT, 1975

SECTION OF: 1-4

THIRTY-NINTH AMENDMENT 

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 REASON

 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.

AMENDMENTS SECTION OF: 1-4

 THE CONSTITUTION (THIRTY-EIGHTH AMENDMENT) ACT, 1975

SECTION OF: 1-4

THIRTY-EIGHTH AMENDMENT

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 Constitutionon 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.

AMENDMENTS SECTION OF: 1-4

 THE CONSTITUTION (THIRTY-SEVENTH) ACT, 1975

SECTION OF: 1-4

THIRTY-SEVENTH  AMENDMENT 

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.

AMENDMENTS SECTION OF: 1-4

 THE CONSTITUTION (THIRTY-SIXTH AMENDMENT) ACT, 1975

SECTION OF: 1-4

THIRTY-SIXTH AMENDMENT

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 of 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 of April 1975 resulted in a total of 59,637 votes in favor 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 of 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 of April 1975 and urged the Government of India to take immediate action on 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 objectives.

NEW DELHI; Y.B. CHAVAN.

The 19th April, 1975.

THE CONSTITUTION (THIRTY-SIXTH AMENDMENT) ACT, 1975

 The 19th April, 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;

(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 that 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.

AMENDMENTS SECTION OF: 1-7

 THE CONSTITUTION (THIRTY-FIFTH AMENDMENT) ACT, 1974

SECTION OF: 1-7

THIRTY-FIFTH AMENDMENT

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.

AMENDMENTS SECTION OF: 1-4

TNE CONSTITUTION (THIRTY-FOURTH AMENDMENT)  ACT, 1974

SECTION OF: 1-4

THIRTY-FOURTH AMENDMENT

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 of 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.

TNE 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).".

 

AMENDMENTS SECTION OF: 1-4

 THE CONSTITUTION (THIRTY-THIRD AMENDMENT) ACT, 1974

SECTION OF: 1-4

THIRTY-THIRD AMENDMENT

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 to compel 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.".

AMENDMENTS SECTION OF: 1-4

 THE CONSTITUTION (THIRTY-SECOND AMENDMENT) ACT, 1973

SECTION OF: 1-4

THIRTY-SECOND AMENDMENT

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 the 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 that 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.

AMENDMENTS SECTION OF: 1-4

THE  CONSTITUTION (THIRTY-FIRST AMENDMENT) ACT, 1973

SECTION OF: 1-4

THIRTY-FIRST AMENDMENT

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 Himachal 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).

AMENDMENTS SECTION OF: 1-4

 THE CONSTITUTION (THIRTIETH AMENDMENT) ACT, 1972

SECTION OF: 1-4

THIRTIETH  AMENDMENT

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 REASON

 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 the 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 that are filed in the Supreme Court merely on the valuation test being satisfied, without any merit in them. The Bill seeks to achieve this objective.

AMENDMENTS SECTION OF: 1-4

 THE CONSTITUTION (TWENTY-FIFTH AMENDMENT) ACT, 1971

SECTION OF: 1-4

TWENTY-FIFTH AMENDMENT

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 the 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 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 that seeks to acquire or requisition property for a public purpose should also satisfy the requirements of article 19 (1) (f).

AMENDMENTS SECTION OF: 1-4

 THE CONSTITUTION (TWENTY-FOURTH  AMENDMENT) ACT, 1971

SECTION OF: 1-4

TWENTY-FOURTH AMENDMENT

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 OBJECTIVES 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.

AMENDMENTS SECTION OF: 1-4

 THE CONSTITUTION (TWENTY-NINTH AMENDMENT) ACT, 1972

SECTION OF: 1-4

TWENTY-NINTH AMENDMENT

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 floodgates 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.

AMENDMENTS SECTION OF: 1-4

 THE CONSTITUTION (TWENTY-EIGHTH AMENDMENT) ACT, 1972

SECTION OF: 1-4

TWENTY-EIGHTH AMENDMENT

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 the 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.

AMENDMENTS SECTION OF: 1-4

 THE CONSTITUTION (TWENTY-SEVENTH AMENDMENT) ACT, 1971

SECTION OF: 1-4

TWENTY-SEVENTH AMENDMENT

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 reorganization of the northeastern 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 objective 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).

AMENDMENTS SECTION OF: 1-4

 THE CONSTITUTION (TWENTY-SIXTH AMENDMENT) ACT, 1971

SECTION OF: 1-4

TWENTY-SIXTH AMENDMENT

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 current functions and social purposes, is incompatible with an egalitarian social order. The government has, 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.

AMENDMENTS SECTION OF: 1-4

 THE CONSTITUTION (TWENTY-FIFTH AMENDMENT) ACT, 1971

 SECTION OF: 1-4

TWENTY-FIFTH AMENDMENT

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 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 the 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 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 that seeks to acquire or requisition property for a public purpose should also satisfy the requirements of Article 19 (1) (f).

AMENDMENTS SECTION OF: 1-4

 THE CONSTITUTION (TWENTY-FOURTH AMENDMENT) ACT, 1971

SECTION OF: 1-4

TWENTY-FOURTH AMENDMENT

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.

AMENDMENTS SECTION OF: 1-4

THE CONSTITUTION (TWENTY-THIRD AMENDMENT) ACT, 1969

SECTION OF: 1-4

TWENTY-THIRD AMENDMENT 

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.

AMENDMENTS SECTION OF: 1-4

 THE CONSTITUTION (TWENTY-SECOND AMENDMENT) ACT, 1969

SECTION OF: 1-4

TWENTY-SECOND AMENDMENT 

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.

STATEMENTS 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.

AMENDMENTS SECTION OF: 1-4

 THE CONSTITUTION (TWENTY-FIRST AMENDMENT) ACT, 1967

SECTION OF: 1-4

TWENTY-SECOND AMENDMENT

 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

STATEMENTS 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 undivided India and, 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 the Government had decided to include the Sindhi language in the Eighth Schedule to the Constitution. The Bill seeks to give effect to this decision.

AMENDMENTS SECTION OF: 1-4

THE CONSTITUTION (NINETEENTH AMENDMENT) ACT, 1966

SECTION OF: 1-4

NINETEENTH AMENDMENT

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.

AMENDMENTS SECTION OF: 1-4

 THE CONSTITUTION (EIGHTEENTH AMENDMENT) ACT, 1966

SECTION OF: 1-4

TWENTIETH AMENDMENT

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

STATEMENTS OF OBJECTS AND REASONS

 Article 3 of the Constitution provides for the formation of new States and the 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 the 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.

AMENDMENTS SECTION OF: 1-4

 THE CONSTITUTION (SEVENTEENTH AMENDMENT) ACT, 1964

SECTION OF: 1-4

SIXTEENTH AMENDMENT

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

AMENDMENTS SECTION OF: 1-4

 THE CONSTITUTION (SIXTEENTH AMENDMENT)

SECTION OF: 1-4

SIXTEENTH AMENDMENT

Statement of Objects and Reasons Appended to the Constitution

(Sixteenth Amendment) Bill, 1963 which was enacted as the

Constitution (Sixteenth Amendment) Act, 1963

STATEMENTS 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

AMENDMENTS SECTION OF: 1-4

 THE CONSTITUTION (FIFTEENTH AMENDMENT)ACT,1963

SECTION OF: 1-4

FIFTEENTH AMENDMENT

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.