INDIA LAW LOOK

Tuesday, October 3, 2023

AMENDMENTS SECTION OF: 1-4

THE CONSTITUTION (FIFTY-THIRD AMENDMENT) ACT, 1986

SECTION OF: 1-4

FIFTY-THIRD AMENDMENT

Statement of Objects and Reasons appended to the Constitution (Fifty-third Amendment) Bill, 1986 (Bill No. 88 of 1986) which was enacted as THE CONSTITUTION (Fifty-third Amendment) Act, 1986

STATEMENT OF OBJECTS AND REASONS

On the 30th June 1986, a Memorandum of Settlement on Mizoram was signed by the Government of India and the Government of Mizoram with the Mizo National Front which envisages among other things the conferment of statehood on the Union territory of Mizoram subject to the other stipulations contained in the Memorandum. Paragraph 4.2 of the Memorandum provides that to give effect to the decision "all the

necessary legislative and administrative measures will be undertaken, including those for the enactment of Bills for the amendment of the Constitution and other laws for the conferment of statehood as aforesaid, to come into effect on a date to be notified by the Central Government".

AMENDMENTS SECTION OF: 1-5

THE CONSTITUTION (FIFTY-SECOND AMENDMENT) ACT 1985

SECTION OF: 1-5

FIFTY-SECOND AMENDMENT

Statement of Objects and Reasons appended to the Constitution (Fifty-second Amendment) Bill, 1985 (Bill No. 22 of 1985) which was enacted as THE CONSTITUTION (Fifty-second Amendment) Act, 1985

STATEMENT OF OBJECTS AND REASONS

The evil of political defections has been a matter of national concern. If it is not combated, it is likely to undermine the very foundations of our democracy and the principles which sustain it. With this object, an assurance was given in the Address by the President to Parliament that the Government intended to introduce in the current session of Parliament an anti-defection Bill. This Bill is meant for outlawing defection and fulfilling the above assurance.

2. The Bill seeks to amend the Constitution to provide that an elected member of Parliament or a State Legislature, who has been elected as a candidate set up by a political party and a nominated member of Parliament or a State Legislature who is a member of a political party at the time he takes his seat or who becomes a member of a political party within six months after he takes his seat would be disqualified on the ground of defection if he voluntarily relinquishes his membership of such political party or votes or abstains from voting in such House contrary to any direction of such party or is expelled from such party. An independent member of Parliament or a State Legislature shall also be disqualified if he joins any political party after his election. A nominated member of Parliament or a State Legislature who is not a member of a political party at the time of his nomination and who has not become a member of any political party before the expiry of six months from the date on which he takes his seat shall be disqualified if he joins any political party after the expiry of the said period of six months. The Bill also makes suitable provisions with respect to splits in, and mergers of, political parties. A special provision has been included in the Bill to enable a person who has been elected as the presiding officer of a House to sever his connections with his political party. The question as to whether a member of a House of Parliament or State Legislature has become subject to the proposed disqualification will be determined by the presiding officer of the House; where the question is with reference to the presiding officer himself, it will be decided by a member of the House elected by the House in that behalf.

AMENDMENTS SECTION OF: 1-4

THE CONSTITUTION (FIFTY-FIRST AMENDMENT) ACT, 1984

SECTION OF: 1-4

FIFTY-FIRST AMENDMENT

Statement of Objects and Reasons appended to the Constitution (Fifty-third Amendment) Bill, 1984 (Bill No. 81 of 1984) which was enacted as THE CONSTITUTION (Fifty-first Amendment) Act, 1984

STATEMENT OF OBJECTS AND REASONS

The Meghalaya Legislative Assembly passed a resolution on 31st March, 1980 urging the Government of India to provide for reservation of seats for Scheduled Tribes in the State Legislative Assembly and also in the House of the People on the pattern obtaining in other States in the country. The State Government, therefore, recommended amendment of articles 330 and 332 of the Constitution. The Governments of Nagaland, Arunachal Pradesh and Mizoram have also supported the amendment in respect of their respective areas. It is, therefore, proposed to amend article 330 of the Constitution to provide for reservation of seats in the Lok Sabha for Scheduled Tribes in Meghalaya, Nagaland, Arunachal Pradesh and Mizoram and article 332 to provide for similar reservation in the Legislative Assemblies of Nagaland and Meghalaya. The amendments have been proposed to meet the aspirations of the local tribal population.

AMENDMENTS SECTION OF: 1-3

THE CONSTITUTION (FIFTIETH AMENDMENT) ACT, 1984

SECTION OF: 1-3

FIFTIETH AMENDMENT

Statement of Objects and Reasons appended to the Constitution (Fifty-second Amendment) Bill, 1984 (Bill No. 80 of 1984) which was enacted as THE CONSTITUTION (Fiftieth Amemdment) Act, 1984

STATEMENT OF OBJECTS AND REASONS

By article 33 of the Constitution, Parliament is empowered to enact laws determining to what extent any of the rights conferred by Part III of the Constitution shall, in their application to the members of the Armed Forces or the Forces charged with the maintenance of public order, be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them.

2. It is proposed to amend article 33 so as to bring within its ambit-

(i) the members of the Forces charged with the protection of property belonging to, or in the charge or possession of, the State; or

AMENDMENTS SECTION OF: 1-4

THE CONSTITUTION (FORTY-NINTH AMENDMENT) ACT, 1984

SECTION OF: 1-4

FORTY-NINTH AMENDMENT

Statement of Objects and Reasons appended to the Constitution (Fifty-first Amendment) Bill, 1984 which was enacted as THE CONSTITUTION (Forty-ninth Amendment) Act, 1984

STATEMENT OF OBJECTS AND REASONS

The Tripura Legislative Assembly passed a resolution on the 19th March, 1982 and again on the 11th February, 1983, urging the Government of India to apply the provisions of the Sixth Schedule to the Constitution to the tribal areas of the State of Triupura. The State Government of Tripura, therefore, recommended amendment of the Constitution for the purpose. Though under the Triupura Tribal Areas Autonomous District Council Act, 1979, an autonomous District Council has been functioning in the State, it was considered necessary to give it Constitutional sanctity with a view to meet the aspirations of the tribal population. The Council is expected to ensure rapid development of tribal areas and self-governance by the tribals.

AMENDMENTS SECTION OF: 1-4

THE CONSTITUTION (FORTY-EIGHTH AMENDMENT) ACT, 1984.

SECTION OF: 1-4

FORTY-EIGHTH AMENDMENT

Statement of Objects and Reasons appended to the Constitution (Fiftieth Amendment) Bill, 1984 which was enacted as THE CONSTITUTION (Forty-eighth Amendment) Act, 1984

STATEMENT OF OBJECTS AND REASONS

The Proclamation issued by the President under article 356 of the Constitution on the 6th day of October, 1983 with respect to the State of Punjab cannot be continued in force for more than one year unless the special conditions mentioned in clause (5) of article 356 of the Constitution are satisfied. Although the Legislative Assembly is in suspended animation and a popular government can be installed, having regard to the prevailing situation in the State, the continuance of the Proclamation beyond 5th October, 1984 may be necessary. To facilitate the adoption of a resolution by the two Houses of Parliament approving the continuance in force of the Proclamation beyond 5th October, 1984, it is necessary to amend article 356 of the Constitution. It is therefore proposed to amend clause (5) of article 356 so as to make the conditions mentioned therein inapplicable for the purposes of the continuance in force of the said Proclamation up to a period of two years from the date of its issue.

AMENDMENTS SECTION OF: 1-4

THE CONSTITUTION (FORTY-SEVENTH AMENDMENT) ACT, 1984

SECTION OF: 1-4

FORTY-SEVENTH AMENDMENT

Statement of Objects and Reasons appended to the Constitution (Forty-eighth Amendment) Bill, 1983 which was enacted as the Constitution (Forty-seventh Amendment) Act, 1984

STATEMENT OF OBJECTS AND REASONS

Article 31B of the Constitution confers on the enactments included in the Ninth Schedule to the Constitution immunity from any possible attack that they are violative of any of the fundamental rights. The immunity does not extend to any amendment made to such Acts after their inclusion in the Ninth Schedule.

2. Recourse was had in the past to the Ninth Schedule whenever it was found that progressive legislation conceived in the interest of the public was imperilled by litigation. Several State enactments relating to land reforms and ceiling on agricultural land holdings have already been included in the Ninth Schedule. The Sixth Five Year Plan (1980-85) contains an assurance that "necessary action would be taken to bring before Parliament land reform Acts not yet included in the Ninth Schedule to the Constitution for immediate inclusion in the said Schedule" and that the same "would be done in the case of future Acts without delay so that these laws are protected from challenge in courts". The State Governments of Assam, Bihar, Haryana, Tamil Nadu, Uttar Pradesh and West Bengal and the Administration of the Union territory of Goa, Daman and Diu have suggested the inclusion of some of their Acts relating to land reforms in the Ninth Schedule. Some of the Acts suggested for inclusion are by way of amendments to Acts already included in the Ninth Schedule. The various Acts which have been suggested for inclusion have been examined and it is proposed to include in the Ninth Schedule such of these Acts as have either been challenged or are likely to be challenged and thereby ensure that the implementation of these Acts is not adversely affected by litigation.

AMENDMENTS SECTION OF: 1-4

THE CONSTITUTION (FORTY-SIXTH AMENDMENT) ACT, 1982

SECTION OF: 1-4

FORTY-SIXTH AMENDMENT

Statement of Objects and Reasons appended to the Constitution (Forty-sixth Amendment) Bill, 1981 which was enacted as THE CONSTITUTION (Forty-sixth Amendment) Act, 1982

STATEMENT OF OBJECTS AND REASONS

Sales tax laws enacted in pursuance of the Government of India Act, 1935 as also the laws relating to sales tax passed after the coming into force of the Constitution proceeded on the footing that the expression "sale of goods", having regard to the rule as to broad interpretation of entries in the legislative lists, would be given a wider connotation. However, in Gannon Dunkerley's case (A.I.R. 1958 S.C. 560), the Supreme Court held that the expression "sale of goods" as used in the entries in the Seventh Schedule to the Constitution has the same meaning as in the Sale of Goods Act, 1930. This decision related to works contracts.

AMENDMENTS SECTION OF: 1-4

THE CONSTITUTION (FORTY-FIFTH AMENDMENT) ACT, 1980

SECTION OF: 1-4

FORTY-FIFTH AMENDMENT

Statement of Objects and Reasons appended to the Constitution (Forty-fifth Amendment) Bill, 1980 (Bill No. 1 of 1980) which was enacted as THE CONSTITUTION (Forty-fifth Amendment) Act, 1980

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 the Scheduled Tribes and the representation of the Anglo-Indian community by nomination in the Lok Sabha and in the Legislative Assemblies of the States shall cease to have effect on the expiration of a period of thirty years from the commencement of the Constitution. Although the Scheduled Castes and the Scheduled Tribes have made considerable progress in the last thirty years, the reasons that weighed with the Constituent Assembly in making provisions with regard to the aforesaid reservation of seats and nomination of members, have not ceased 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.

2. The Bill seeks to achieve the above object.

NEW DELHI; ZAIL SINGH.

The 16th January, 1980.

THE CONSTITUTION (FORTY-FIFTH AMENDMENT) ACT, 1980

[14th April, 1980.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Thirtieth Year of the Republic of India as follows:-

1. Short title and commencement.- (1) This Act may be called the Constitution (Forty-fifth Amendment) Act, 1980.

(2) It shall be deemed to have come into force on the 25th day of January, 1980.

2. Amendment of article 334.-In article 334 of the Constitution for the words "thirty years"; the words "forty years" shall be substituted.

AMENDMENTS SECTION OF: 1-6

THE CONSTITUTION (FORTY-FOURTH AMENDMENT) ACT, 1978

SECTION OF: 1-6

FORTY-FOURTH AMENDMENT

Statement of Objects and Reasons appended to the Constitution (Forty-fifth Amendment) Bill, 1978 (Bill No. 88 of 1978) which was enacted as THE CONSTITUTION (Forty-fourth Amendment) Act, 1978

STATEMENT OF OBJECTS AND REASONS

Recents experience has shown that the fundamental rights, includingthose of life and liberty, granted to citizens by the Constitution are capable of being taken away by a transient majority. It is, therefore, necessary to provide adequate safeguards against the recurrence of such a contingency in the future and to ensure to the people themselves an effective voice in determining the form of government under which they are to live. This is one of the primary objects of this Bill.

2. It is, therefore, proposed to provide that certain changes in the Constitution which would have the effect of impairing its secular ordemocratic character, abridging or taking away fundamental rights prejudicing or impeding free and fair elections on the basis of adult suffrage and compromising the independence of judiciary, can be made only if they are approved by the people of India by a majority of votes at a referendum in which at least fifty-one per cent. of the electorate participate. Article 368 is being amended to ensure this.