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
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 to enable 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
India as follows
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" 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
a person authorized on 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
a person authorized on 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 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
The Constitution of India is by law established and 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 discharge the duty upon which I am about to enter
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