INDIA LAW LOOK: AMENDMENTS SECTION OF: 1-3

Saturday, June 7, 2025

AMENDMENTS SECTION OF: 1-3

THE CONSTITUTION (TWELFTH AMENDMENT) ACT, 1962

India Welcomes Goa: The 12th Amendment Story

SECTION OF: 1-3

TWELFTH AMENDMENT

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

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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.

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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.".

FAQ

What is Section 3 of the amendment?

Section 3 of the 13th Constitutional Amendment Act, 1962 is one of the most important parts of the amendment, as it introduces Article 371A into the Indian Constitution. This article grants special provisions to the state of Nagaland, recognizing its unique culture, customs, and traditions.

Under Section 3, Article 371A(1) states that no Act of Parliament shall apply to Nagaland in matters relating to:

Religious or social practices of the Nagas
Naga customary law and procedure
Administration of civil and criminal justice involving decisions under Naga customary law
Ownership and transfer of land and its resources

…unless the Nagaland Legislative Assembly passes a resolution to accept the law.

In simple terms, Section 3 protects the identity and way of life of the Naga people. It means that the Indian government cannot impose laws on these sensitive areas unless the state's lawmakers agree. This gives Nagaland a high degree of autonomy, especially compared to other Indian states.

Section 3 was a constitutional solution to ensure peaceful integration of Nagaland into India while respecting the distinct identity of its indigenous people. It remains one of the most significant examples of India’s commitment to cultural diversity within its federal structure.

What is the 12th Amendment Act of the Indian Constitution?

The 12th Amendment Act of the Indian Constitution, enacted in 1961, is a significant amendment that officially added Goa, Daman, and Diu to the territory of India. These regions were former Portuguese colonies and remained under Portuguese control even after India gained independence in 1947. However, in December 1961, India conducted a military operation called "Operation Vijay" to liberate these territories and integrate them into the Indian Union.

To formalize this integration, the 12th Amendment was passed. It amended the First Schedule of the Constitution, which lists all Indian states and union territories. Through this amendment, Goa, Daman, and Diu were declared as a Union Territory of India.

Here’s what the amendment accomplished:

Inserted Goa, Daman, and Diu into the First Schedule as a Union Territory.
Legally recognized the annexation and political integration of these areas into the Indian Union.

This amendment was an important step in expanding India's territorial boundaries to include regions with distinct colonial histories. While Goa later became a separate state in 1987, the 12th Amendment laid the foundation for its inclusion as part of sovereign India.

What are the 3 categories of amendments in the Constitution?

The Indian Constitution provides a structured way to make changes through three categories of amendments, as outlined in Article 368. These categories ensure that the Constitution remains adaptable yet protected from arbitrary changes.

1. Amendment by a Simple Majority of Parliament

Some provisions can be amended by a simple majority in both Houses of Parliament. These do not fall under Article 368. Examples include changes to:

Names or boundaries of states
Formation of new states
Salaries of MPs
Rules related to citizenship

2. Amendment by Special Majority of Parliament

Most constitutional amendments fall into this category. These require a special majority:

A majority of the total membership of each House
A two-thirds majority of members present and voting
Examples include changes to Fundamental Rights, Directive Principles, and the structure of Parliament.

3. Amendment by Special Majority of Parliament with State Ratification

Some amendments affect the federal structure and require approval from at least half of the state legislatures in addition to a special majority in Parliament. Examples include changes to: