THE CONSTITUTION (SEVENTIETH AMENDMENT) ACT, 1992

THE CONSTITUTION (SEVENTIETH AMENDMENT) ACT, 1992

Statament of Objects and Reasons appended to the Constitution
(Seventy-sixth Amendment) Bill, 1992 (Bill No. XXX of 1992) which was
enacted as THE CONSTITUTION (Seventieth Amendment) Act, 1992

STATEMENT OF OBJECTS AND REASONS

While considering the Constitution (Seventy-fourth Amendment) Bill,
1991 and the Government of National Capital Territory Bill, 1991,
views were expressed in both the Houses of Parliament in favour of
including also the elected members of the Legislative Assemblies of
Union territories in the electoral college for the election of the
President under article 54 of the Constitution. At present article 54
relating to the election of the President provides for an electoral
college consisting of only the elected Members of Parliament as well
as the Legislative Assemblies of the States (not Union territories).
Similarly, article 55 providing for the manner of such election also
speaks of Legislative Assemblies of States. Accordingly, an
Explanation is sought to be inserted in article 54 to provide that
reference to "State" in articles 54 and 55 would include the National
Capital Territory of Delhi and the Union territory of Pondicherry for
constituting the electoral college for election of the President.
This would enable the elected members of the Legislative Assembly
created for the Union territory of Pondicherry under the provisions of
article 239A and of the proposed Legislative Assembly of the National
Capital Territory of Delhi under article 239AA to be included in the
electoral college.

2. THE CONSTITUTION (Seventy-fourth Amendment) Bill, 1991 which was
enacted as THE CONSTITUTION (Sixty-ninth Amendment) Act, 1991 received
assent of the President on 21st December, 1991. The said Bill as
originally introduced in the Lok Sabha sought to incorporate in
article 239AA a sub-clause (b) to clause (7). This proposed
sub-clause was subsequently dropped since inclusion of the said
sub-clause would have necessitated ratification of the Bill by the
Legislatures of not less than one-half of the States and thereby
delayed the early constitution of a Legislative Assembly for the Union
territory of Delhi. The said sub-clause (clause 3 of the present
Bill) is sought to be inserted in the present Constitution (Amendment)
Bill with retrospective effect i.e. from 21st December, 1991.
Ratification by States is also proposed to be obtained for the clause
along with ratification for the other clause of the Bill which seeks
to amend article 54.

3. The Bill seeks to give effect to the above proposals.

NEW DELHI; K. VIJAYA BHASKARA REDDY.

The 24th March, 1992.

THE CONSTITUTION (SEVENTIETH AMENDMENT)
ACT, 1992

[12th August, 1992.]

An Act further to amend the Constitution of India.

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

1. Short title and commencement.-(1) This Act may be called the
Constitution (Seventieth Amendment) Act, 1992.

(2) Section 3 of this Act shall be deemed to have come into force on
the 21st day of December, 1991 and section 2 shall come into force on
such date as the Central Government may, by notification in the
Official Gazette, appoint.

2. Amendment of article 54.-In article 54 of the Constitution, the
following Explanation shall be inserted at the end, namely:-

`Explanation.-In this article and in article 55, "State" includes the
National Capital Territory of Delhi and the Union territory of
Pondicherry.'.

3. Amendment of article 239AA.-In article 239AA of the Constitution,-

(i) in clause (7), for the brackets and figure "(7)", the brackets,
figure and letter "(7) (a)" shall be substituted;

(ii) in clause (7) as so amended, the following sub-clause shall be
inserted, namely:-

"(b) Any such law as is referred to in sub-clause (a) 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.".