Fourteenth Constitutional Amendment Act 1962 – Indian Polity – Free PDF Download

History

• On 16 August 1962 India and France exchanged the instruments of ratification under which France ceded to India full sovereignty over the territories it held.
• Pondicherry and the other enclaves of Karaikal, Mahe and Yanam came to be administered as the Union Territory of Puducherry from 1 July 1963.

STATEMENT OF OBJECTS AND REASONS

• With the ratification of the Treaty of Cession by the Governments of India and France, on 16th August, 1962, the French establishments of Pondicherry, Karikal, Mahe and Yanam became territories of the Indian Union with effect from that date.
• This Bill provides for these territories being specified in the Constitution itself as a Union territory called ‘Pondicherry’.
• Under article 81(1)(b) of the Constitution, not more than twenty members are to represent the Union territories in the House of the People.
• This maximum has already been reached. The Bill accordingly seeks to increase this number to twenty-five to enable representation being given immediately to Pondicherry in the House of the People and to provide for future contingencies.
• The Bill also provides for representation of the territory in the Council of States.

• It is proposed to create Legislatures and Councils of Ministers in the Union territories of Himanchal Pradesh, Manipur, Tripura, Goa, Daman and Diu and Pondicherry broadly on the pattern of the scheme which was in force in some of the Part C States before the reorganisation of the States.
• The Bill seeks to confer necessary legislative power on Parliament to enact laws for this purpose through a new article 239A which follows generally the provisions of article 240 as it stood before the reorganisation of the States.
• Insertion of new article 239A.-
• “239A. Creation of local Legislatures or Council of Ministers or both for certain Union territories.-
• (1) Parliament may by law create for any of the Union territories of Himachal Pradesh, Manipur, Tripura, Goa, Daman and Diu, and Pondicherry-(a) a body, whether elected or partly nominated and partly elected, to function as a Legislature for the Union territory, or(b) a Council of Ministers,or both with such constitution, powers and functions, in each case, as may be specified in the law.
• (2) Any such law as is referred to in clause (1) shall not be deemed to be an amendment of this Constitution for the purposes of article 368 notwithstanding that it contains any provision which amends or has the effect of amending this Constitution.”.

A239A

1. 1) Parliament may by law create for the Union territory of Puducherry —
2. (a) a body, whether elected or partly nominated and partly elected, to function as a Legislature for the Union territory, or
3. (b) a Council of Ministers,
4. or both with such constitution, powers and functions, in each case, as may be specified in the law.
5. (2) Any such law as is referred to in clause (1) shall not be deemed to be an amendment of this Constitution for the purposes of article 368 notwithstanding that it contains any provision which amends or has the effect of amending this Constitution

Constitutional Amendment Series Download Free PDF

Sharing is caring!