STATEMENT OF OBJECTS AND REASONS
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.
Further, the Bill added another condition within Article 84(a) & 173(a) for eligibility to contest for parliament and state legislators. A new clause was incorporated of the oaths relating to the offices of Union and State Ministers, MPs and MLAs, Judges of the Supreme Court and High Court and Comptroller & Auditor-General of India, namely, “that I will uphold the Sovereignty Integrity of India”.
This Bill was introduced for the implementation of the recommendations by the committee on National Integration and Regionalism.
In a statement by the Law Minister, Shri A.K. Sen, the purpose was such to appropriate powers for the government on the imposition of restrictions against those organisations and individuals who wanted to make secession from India, a political issue for their election campaign.
Bill was unanimously passed in the Lok Sabha. However, it has some inelegant features as well, the Bill requires the members of Legislators to take an almost identical oath twice. Firstly, as a pre-requisite for contesting elections and secondly, at the time of assuming the office of legislators.
WHAT IS THERE?
The exact particulars of the enacted Bill are as follows: -
- In Article 19(2), the words “the sovereignty and integrity of India” shall be inserted after the words “in the interest of”.
- In Article 19(3) & 19(4), the words “in sovereignty and integrity of India or” shall be inserted after the words “in the interest of”.
- In Article 84, clause (a) shall be substituted by “(a) is a citizen of India, and makes and subscribes before some person authorized in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule;”.
- In Article 173, clause (a) shall be substituted by “(a) is a citizen of India, and makes and subscribes before some person authorized in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule;".
- In the Third Schedule, Form I, the words “that I will uphold the sovereignty and integrity of India” shall be inserted after the words “Constitution of India as by law established”.
- For Form III, the following shall be substituted, -
- ‘A. Form of oath or affirmation to be made by a candidate for election to Parliament:"I, A.B., having been nominated as a candidate to fill a seat in the Council of States (or the House of the People) 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 and that I will uphold the sovereignty and integrity of India."
- ‘B. Form of oath or affirmation to be made by a member of Parliament:"I, A.B., having been elected (or nominated) a member of the Council of States (or the House of the People) 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." ’
- In Forms IV, V, and VIII, the words "that I will uphold the sovereignty and integrity of India," shall be inserted after the words "the Constitution of India as by law established,".
- For Form VII, the following shall be substituted,
- ‘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 Constitution of India as by law established and that 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." ’.
CONCLUSION
The oath clause seemed to introduce a novel item into the tenet of statutory construction. The oath imported an entrenched clause in the constitution impliedly. It restricted the Ministers to move Constitution Amendment Bill to cede Indian territory to a foreign country without committing a breach to the oath clause. It is evident that the bill failed to resolve the problem which it directly addresses.
