Policies & Amendments

Pondicherry was established in the 18th century as a French colony, with some history of Roman settlement nearly two millennials ago. Pondicherry was known as the capital of the French before independence. This city was a matter of dispute between the British & the French. Finally, by Nov 1954 all the French possessions were given back to the Union of India, de jure transfer of the possessions was completed on May 28, 1956. Pondicherry, including its four conclaves namely Pondicherry, Mahe, Karaikal & Yanam became a Union Territory in 1962. In 2006, the name of the territory was formally adopted as Punducherry. This city has always represented a combination of European culture and Indian traditions.

There were various factors responsible for the emergence of Nagaland. The culture, customs, religion, and ethics of Nagas varied from those in Assam. Naga people were not sure of their protection until they had a separate identity and status. The neighbouring countries encouraged hostile elements to disturb the peace and relations of the Government of India and the north-eastern region reason being the covetous nature. Also, the pre-independence British policy made their region isolated from the rest of India. The main reason to bring such autonomy was to cool down their resentment against the people of India. Shilu Ao, the Chief Minister welcomed this help for building up a new state by the Government of India.

Sindhi was the national language of Sindh before the partition of India-Pakistan. Pakistan Sindh Assembly had ordered the compulsory teaching of Sindhi language in all private schools of Sindh. Post-partition, the Sindhi-speaking immigrants who left Pakistan around 1947–48 and who are mostly settled in Gujarat and Maharashtra states demanded Sindhi be recognized in India as well.

The Constitution (Twentieth Amendment) Act, 1966, was first titled as the Constitution (Twenty-third Amendment) Bill, 1966, when introduced in the Lok Sabha on 25th November 1966, the Bill proposed to insert a new Article 233A in the Constitution. The Bill was consented by the Lok Sabha in December 1966 with replacing the word “Twenty third” by the word “Twentieth”. 

When the Nineteenth Amendment Act, 1966, was introduced in the Lok Sabha, it was titled as the Constitution (Twenty-First) Amendment, Bill, 1966, which sought to amend Article 324 of the Indian Constitution. The Bill was accepted in the Lok Sabha and was passed with a formal amendment in clause 1, changing the short title to “Constitution (Nineteenth Amendment) Act” on 22 and 30 November 1966, respectively, and clause 2 was adopted in the original form.

Formulation of new States and alteration of areas, names or boundaries of existing States was provided in Article 3 of the Constitution of India. The expression “States” in Article 3 meant Part- A, B & C States before the 1956 Constitution (Seventh Amendment) Act, 1956. The concept of “Union Territories” was introduced through the Seventh Amendment, however, Article 3 was not amended to include in terms “Union Territories”.

The Seventeenth Amendment Act, 1964 again restrained the guaranteed property rights under Article 31. The Supreme Court struck down the Kerala Agrarian Relations Act, 1961 in its application to ryotwari lands and by the Kerala High Court as well in relation to lands except ‘estates’ in the Malabar area, as it transgressed Articles 14, 19 and 31 since the protection was not available to the lands in question as those were not ‘estates’ under Article 31A.

In January 1963, the Constitution (Sixteenth Amendment) Bill was adopted by the Lok Sabha. The Bill enabled the State to put on new restrictions on freedom of speech, freedom to assemble peaceably, and freedom of association, in the interest of the integrity of India. The principal feature of this Amendment was the insertion of the clause, ‘sovereignty and integrity of India’, just after the expression, ‘in the interest of’, in clause (2), (3) & (4) of Article 19 of the Indian Constitution. 

The Constitution (Twenty-fourth Amendment) Bill, 1971 was Passed on 11 August 1971. The Supreme Court in its earlier decisions frequently held that Parliament has the power to amend all parts of the Constitution including Part III which consists of Fundamental Rights, however, in the well-known Golak Nath’s case [1967, 2 S.C.R. 762] the Supreme Court reversed its own decision by a narrow majority.

The provisions relating to the reservation of seats for the Scheduled Castes and Scheduled Tribes and the Anglo-Indian community’s representation under Article 334 of the Constitution, by nomination in the House of the People and the Legislative Assemblies of the States shall cease to have its effect, after the exhaustion of a period of twenty years from the commencement of the Constitution. 

This Amendment Bill was introduced in the Lok Sabha on 10th April 1969, as the Constitution (Twenty-second Amendment) Bill. The Bill proposed to amend Article 275 and insert new Articles 244A and 371B in the Indian Constitution and was considered and passed in the original form by the Lok Sabha on 15 April 1969 and the Rajya Sabha on 30 April 1969 with a majority.

A major reform of the boundary lines of Indian states and territories was the State Reorganization Act of 1956, organizing them on the linguistic lines. While more amendments have been made to the state borders of India since 1956, the 1956 State Reorganization Act appears to remain the greatest reform in state borders following India's independence in 1947. This Act was enacted in accordance with the Constitution Act (Seventh Amendment) 1956, that reorganized the constitutional structure for the established states in India and the provisions of Part I of the Constitution of India, and the criteria for the approval of the State Reorganization Act.

The Twelfth Amendment to the Constitution to India, formally recognized as The Constitution (Twelfth Amendment) Act, 1962, created Goa, Daman and Diu as the eighth Union territory of India by amending the First Schedule of the Constitution. In December 1961 India gained possession of Goa, Daman and Diu from Portugal. The amendment further amended Article 240(1) of the Constitution to cover certain territories in order to require the President to "make rules on security, development and good governance of the region."

The eleventh amendment to the Constitution of India, formally recognised as the Constitution Act (the eleventh amendment) of 1961, provided for the nomination, by the representatives of an electoral college representing both the House of Commons, of the Vice-President, exempting from the prior provision for a Joint Session of Representatives from both Houses of Parliament to be convened for such a purpose. The eleventh amendment inserted new provision (4) in Article 71 of the Constitution, in order to make it clear that, for any cause, it cannot be debated that President or Vice-Presidents will be chosen on the grounds of any vacancy.

Dadra and Nagar Haveli became the seventh Union Territories of the Union of India under the tenth amendment of the Indian Constitution, formally recognised as the Constitution (Tenth Amendment) Act, 1961. They were amended by amending the First Schedule of the constitution. Also, it amended clause (1) of article 240 of the Constitution to also include the Union territory of Dadra and Nagar Haveli in order to enable the President to "make regulations for the harmony, development and better government of the territory". Retroactively, on 11 August 1961, the 10th Amendment took effect.

The Lok Sabha bill was debated on 7 May 1956 and, on 9 May, the House moved and adopted a motion to refer the bill to the Joint Committee of the Houses of Parliament. This resolution was accepted by the Rajya Sabha on 16 May 1956. The Joint Committee submitted its report to Lok Sabha on 23 May 1956, proposing that the Bill be adopted, as no changes were required. The bill was then accepted and approved on 29 May 1956 by Lok Sabha. A systematic amendment, introduced by then Minister of Finance Mr C.D. Deshmukh, to substitute the brackets and words "(Tenth Amendment)" in clause 1 with the brackets and words "(Sixth Amendment)," was also implemented. In its original form, Clause 2 (seeking to introduce a new entry 92A into the Union List of the Seventh Schedule), clause 3 (amending Article 269) and clause 4 (amending Article 286) were adopted. The resolution, approved by Lok Sabha, was taken into account and passed on 31 May 1956 by Rajya Sabha. The bill was endorsed by then-President Dr. Rajendra Prasad on 11 September 1956 after ratification by the States. This was published and came into effect on the same day in The Gazette of India.