THE CONSTITUTION (SEVENTIETH AMENDMENT) ACT, 1992.
SECTION OF: 1-4
SEVENTIETH AMENDMENT
Statament of Objects and Reasons appended to the Constitution(Seventy-sixth Amendment) Bill, 1992 (Bill No. XXX of 1992) which wasenacted as THE CONSTITUTION (Seventieth Amendment) Act, 1992
STATEMENT OF OBJECTS AND REASONS
While considering the Constitution (Seventy-fourth Amendment) Bill,1991 and the Government of National Capital Territory Bill, 1991,views were expressed in both the Houses of Parliament in favour ofincluding also the elected members of the Legislative Assemblies ofUnion territories in the electoral college for the election of thePresident under article 54 of the Constitution. At present article 54relating to the election of the President provides for an electoralcollege consisting of only the elected Members of Parliament as wellas the Legislative Assemblies of the States (not Union territories).Similarly, article 55 providing for the manner of such election alsospeaks of Legislative Assemblies of States. Accordingly, anExplanation is sought to be inserted in article 54 to provide thatreference to "State" in articles 54 and 55 would include the NationalCapital Territory of Delhi and the Union territory of Pondicherry forconstituting the electoral college for election of the President.This would enable the elected members of the Legislative Assemblycreated for the Union territory of Pondicherry under the provisions ofarticle 239A and of the proposed Legislative Assembly of the NationalCapital Territory of Delhi under article 239AA to be included in theelectoral college.
2. THE CONSTITUTION (Seventy-fourth Amendment) Bill, 1991 which wasenacted as THE CONSTITUTION (Sixty-ninth Amendment) Act, 1991 receivedassent of the President on 21st December, 1991. The said Bill asoriginally introduced in the Lok Sabha sought to incorporate inarticle 239AA a sub-clause (b) to clause (7). This proposedsub-clause was subsequently dropped since inclusion of the saidsub-clause would have necessitated ratification of the Bill by theLegislatures of not less than one-half of the States and therebydelayed the early constitution of a Legislative Assembly for the Unionterritory of Delhi. The said sub-clause (clause 3 of the presentBill) is sought to be inserted in the present Constitution (Amendment)Bill with retrospective effect i.e. from 21st December, 1991.Ratification by States is also proposed to be obtained for the clausealong with ratification for the other clause of the Bill which seeksto amend article 54.
3. The Bill seeks to give effect to the above proposals.
NEW DELHI; K. VIJAYA BHASKARA REDDY.
The 24th March, 1992.
THE CONSTITUTION (SEVENTIETH AMENDMENT) ACT, 1992.
[12th August, 1992.]
An Act further to amend the Constitution of India.
BE it enacted by Parliament in the Forty-third Year of the Republic ofIndia as follows:-
1. Short title and commencement.-(1) This Act may be called theConstitution (Seventieth Amendment) Act, 1992.
(2) Section 3 of this Act shall be deemed to have come into force onthe 21st day of December, 1991 and section 2 shall come into force onsuch date as the Central Government may, by notification in theOfficial Gazette, appoint.
2. Amendment of article 54.-In article 54 of the Constitution, thefollowing Explanation shall be inserted at the end, namely:-
`Explanation.-In this article and in article 55, "State" includes theNational Capital Territory of Delhi and the Union territory ofPondicherry.'.
3. Amendment of article 239AA.-In article 239AA of the Constitution,-
(i) in clause (7), for the brackets and figure "(7)", the brackets,figure and letter "(7) (a)" shall be substituted;
(ii) in clause (7) as so amended, the following sub-clause shall beinserted, namely:-
"(b) Any such law as is referred to in sub-clause (a) shall not bedeemed to be an amendment of this Constitution for the purposes ofarticle 368 notwithstanding that it contains any provision whichamends or has the effect of amending, this Constitution.".
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