Constitutional Amendments 2nd and 3rd explained – Indian Polity – Free PDF

2^nd and 3^rd Amendment

Objective and Reason

• Article 81(1)(a) prescribed an absolute limit of 500 elected members in the House of the People.
• Article 81(1)(b) provides that the States shall be divided, grouped or formed into territorial constituencies and the number of members to be allotted to each such constituency shall be so determined as to ensure that there shall be not less than one member for every 750,000 of the population and not more than one member for every 500,000 of the population.
• The then delimitation of Parliamentary and Assembly constituencies is based on the estimates of population which have been given legal validity by an order of the President under article 387 of the Constitution.
• Article 81(3) of the Constitution, however, requires that upon the completion of each census, the representation of the several territorial constituencies in the House of the People and the Legislative Assemblies of each State shall be re-adjusted by such authority, in such manner and with effect from such date as Parliament may by law determine.
• As pointed out above, this figure 7.5 lakhs is the maximum permissible under article 81(1)(b) as it now stands; but even so,
• if the average population of a Parliamentary constituency in any State is to be 750,000 it is obvious that the population of a certain number of constituencies will exceed that figure.
• It is necessary, therefore, that article 81(1)(b) should be amended relaxing the limits prescribed in that article so as to avoid a constitutional irregularity in delimiting the constitutencies for the purpose of re-adjustment of representation in the House of the People as required under article 81(3) of the Constitution.
• Hence amend article 81(1)(b) of the Constitution so as to replace the figures mentioned in that article by the figures 850,000 and 650,000 respectively.

3^rd Amendment Act

• Amendment of the Seventh Schedule.-In the Seventh Schedule to the Constitution, for entry 33 of List III, the following entry shall be substituted, namely:-“33. Trade and commerce in, and the production, supply and distribution of,-(a) the products of any industry where the control of such industry by the Union is declared by Parliament by law to be expedient in the public interest, and imported goods of the same kind as such products;(b) foodstuffs, including edible oil seeds and oils;

  (c) cattle fodder, including oilcakes and other concentrates;

  (d) raw cotton whether ginned or unginned, and cotton seeds; and

  (e) raw jute.”.

• Amendment of the Seventh Schedule.-In the Seventh Schedule to the Constitution, for entry 33 of List III, the following entry shall be substituted, namely:-
• (a) the products of any industry where the control of such industry by the Union is declared by Parliament by law to be expedient in the public interest, and imported goods of the same kind as such products;
• (b) foodstuffs, including edible oil seeds and oils;
• (c) cattle fodder, including oilcakes and other concentrates;
• (d) raw cotton whether ginned or unginned, and cotton seeds; and
• (e) raw jute.”.

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