THE CONSTITUTION (FOURTEENTH AMENDMENT) ACT, 1962

HISTORY

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.

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STATEMENT OF OBJECTS AND REASONS

A treaty of cession was drafted between the Governments of France and India on 16th August 1962. French possessions namely Pondicherry, Karaikal, Mahe, and Yanam were included in the territories of Union of India from that date. Twenty members were to represent [under article 81(1)(b) of the Indian Constitution] the Union territories in the House of People, not more than that. The Bill, therefore, seeks to increase the number of members to twenty-five, enabling the representation in the House of People. This Bill also proposed for the creation of Legislatures and Council of Ministers in Union Territories of Himachal Pradesh, Manipur, Tripura, Goa, Daman & Diu, and Pondicherry which were Part-C states before the reorganization of states. Article 239A was inserted through this Bill which conferred necessary Legislative powers on Parliament to enact laws for this purpose.

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CONTENT OF THE AGREEMENT‍

This act was enacted by the parliament on the 13th year of the Republic of India with the title Constitution (Fourteenth Amendment) Act, 1962. The particulars are as follows:-

• Article 81(b)(1) was amended to limit members from twenty to twenty-five.
• In First Schedule, under “II. UNION TERRITORIES”, 9th entry was inserted as Pondicherry
• New article 239A for the creation of local Legislatures or Council of Ministers or both for certain Union territories.Parliament may by law create for any of the Union territories of Himachal Pradesh, Manipur, Tripura, Goa, Daman and Diu, and Pondicherry-

• a bodyelected function as a Legislature for the Union territory, or
• Council of Ministers,
• or both with such powers and functions as may be specified in the law.

• For Article 240, (e) Pondicherry was inserted
• In the Fourth Schedule entry number (21. Pondicherry be inserted) and figures, “225” was substituted by “226”.
  

CONCLUSION

As the new free India was aiming for the integration of all the differentiated parts under colonial rule, the inclusion of Pondicherry took one step closer to a United India. India was ready to take charge of its constituents completely. However, Pondicherry was made a Union Territory, giving the central government complete control over it and enacting laws that seemed necessary. Lal Bahadur Shastri introduced this Bill in the parliament. An opportunity was taken to bring some changes in the administration of the Union territories. Also, the regulation-making powers of the President were extended to Pondicherry as well, till the legislature is established.