THE CONSTITUTION (FOURTEENTH AMENDMENT) ACT, 1962

THE CONSTITUTION (FOURTEENTH AMENDMENT) ACT, 1962

Statement of Objects and Reasons appended to the Constitution
(Fourteenth Amendment) Bill, 1962 which was enacted as
THE CONSTITUTION (Fourteenth Amendment) Act, 1962

STATEMENT OF OBJECTS AND REASONS

With the ratification of the Treaty of Cession by the Governments of
India and France, on the 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.

NEW DELHI; LAL BAHADUR.

The 25th August, 1962.

THE CONSTITUTION (FOURTEENTH AMENDMENT) ACT, 1962

[28th December, 1962.]

An Act further to amend the Constitution of India

BE it enacted by Parliament in the Thirteenth Year of the Republic of
India as follows:-

1. Short title.-This Act may be called the Constitution (Fourteenth
Amendment) Act, 1962.

2. Amendment of article 81.-In article 81 of the Constitution, in
sub-clause (b) of clause (1), for the words "twenty members", the
words "twenty-five members" shall be substituted.

3. Amendment of the First Schedule.-In the First Schedule to the
Constitution, under the heading "II. THE UNION TERRITORIES", after
entry 8, the following entry shall be inserted, namely:-

"9. Pondicherry The territories which immediately before
the sixteenth day of August, 1962, were
comprised in the French Establishments in
India known as Pondicherry, Karikal, Mahe and
Yanam.".

4. Insertion of new article 239A.-After article 239 of the
Constitution, the following article shall be inserted, namely:-

"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.".

5. Amendment of article 240.-In article 240 of the Constitution, in
clause (1),-

(a) after entry (d), the following entry shall be inserted, namely:-

"(e) Pondicherry:";

(b) the following proviso shall be inserted at the end, namely:-

"Provided that when any body is created under article 239A to function
as a Legislature for the Union territory of Goa, Daman and Diu or
Pondicherry, the President shall not make any regulation for the
peace, progress and good government of that Union territory with
effect from the date appointed for the first meeting of the
Legislature.".

6. Amendment of the Fourth Schedule.-In the Fourth Schedule to
the Constitution, in the Table,-

(a) after entry 20, the entry

"21. Pondicherry ........1" shall be inserted;

(b) for the figures "225", the figures "226" shall be substituted.

7. Retrospective operation of certain provisions.-Section 3 and
clause (a) of section 5 shall be deemed to have come into force on the
16th day of August, 1962.