SALIENT FEATURES OF THE 14TH AMENDMENT OF THE INDIAN CONSTITUTION[1]

In brief, the main feature of the 14th Amendment was to incorporate Pondicherry into the Indian Union

History-

  • In the year 1962 on the date of 16th of August, India and France exchanged ratification instruments by which France relinquished full sovereignty over the regions it controlled to India.
  • In the year 1963 on the date 01st of July, Pondicherry and the three enclaves of Karaikal, Mahe, and Yanam were managed as the Union Territory of Puducherry.

Statement of Object and Reasons-

  • The French establishments of Pondicherry, Karikal, Mahe, and Yanam became the territory of the Indian Union on August 16, 1962, when the Treaty of Cession was ratified by the governments of India and France.
  • This bill proposes that these lands be designated as a Union territory known as ‘Pondicherry’ in the Constitution.
  • The Union territories are represented in the House of People by no more than twenty members, according to Article 81(1) (b)[2] of the Constitution.
  • This limit has already been exceeded. As a result, the bill intends to enhance this number to twenty-five to provide immediate representation to Pondicherry in the House of People and to account for future exigencies.
  • The bill also establishes territorial representation in the Council of States.
  • In the Union territories of Himachal Pradesh, Manipur, Tripura, Goa, Daman and Diu, and Pondicherry, it is intended to construct legislatures and councils of ministers based on the structure that was in place in certain of the Part C States before the reorganisation of the States.
  • The Bill proposes to give Parliament the requisite legislative power to adopt legislation for this purpose by creating a new Article 239A[3] that broadly reflects the provisions of Article 240[4] as it existed before the reorganisation of the States.
  • Introduction of the new article i.e., 239A

“239A. Establishment of local legislatures, councils of ministers, or both for some Union territory.” –

  •  Parliament may create, by law, for any of the Union territories of Himachal Pradesh, Manipur, Tripura, Goa, Daman and Diu, and Pondicherry:
  • A body to function as a Legislature for the Union territory, whether elected or partly nominated and partly elected, or
  • A Council of Ministers, or both, with such constitution, powers, and functions as may be specified in the law.
  •  Any statute referred to in subsection (1) is not constituted an amendment of this Constitution for Article 368[5], even if it contains any provision that modifies or has the effect of altering this Constitution.”

Article- 239A

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

CONCLUSION

The Fourteenth Amendment (1962), The First Schedule to the Constitution and Article 240 of the Constitution were altered by this amendment, which included the region of Pondicherry, a French colony, in the First Schedule as a Union territory. In the Union territories of Himachal Pradesh, Manipur, Tripura, Goa, Daman and Diu, and Pondicherry, it also introduced new Article 239-A, which provided for the establishment of legislatures or councils of ministers, or both, in those territories.

REFERENCES

Sites-

Indian Kanoon-

https://indiankanoon.org/

Legislative Department-

https://legislative.gov.in/constitution-fourteenth-amendment-act-1962

Byjus-

https://byjus.com/free-ias-prep/amendments-in-indian-constitution-for-upsc/

Dhristi IAS-

https://www.drishtiias.com/to-the-points/Paper2/major-constitutional-amendment-part-1

Book-

Constitutional Law of India by Dr JN Pandey


[1] Legislative Department- https://legislative.gov.in/constitution-fourteenth-amendment-act-1962

[2] Indian Kanoon (Article 81 (1) (b))- https://indiankanoon.org/doc/947893/

[3] Byjus- (Article- 239 A)-

https://byjus.com/ias-questions/what-is-article-239a-of-the-indian-constitution/#:~:text=Article%20239A%20of%20the%20Indian%20Constitution%20deals%20with%20the%20creation,the%20Union%20Territory%20of%20Puducherry%20%E2%80%93

[4] Indian Kanoon (Article 240)- https://indiankanoon.org/doc/1823046/

[5] Indian Kanoon (Article 368)- https://indiankanoon.org/doc/594125/

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