No More Learning

The first session of the Constituent Assembly held on 9 Dec-
cember, 1946 was attended by 207 members. Only 4 Muslim
members who were elected on Congress ticket were present. On


## p. 696 (#736) ############################################

696 CONSTITUTIONAL CHANGES FROM 1919 TO 1969
13 December, 1946, Jawaharlal
Jawaharlal Nehru moved the Objectives
Resolution and the same was passed on 22 January, 1947. The
Resolution gave expression to the ideals and aspirations of the
people of India. It declared the fundamental objectives which
were to guide the Constituent Assembly in its deliberations. India
was to be an independent sovereign republic in which both Bri-
tish India and the Indian States were to be included. The units
were to be given a lot of autonomy and they were also to possess
residuary powers. It was declared that all power and authority
of the state was derived from the people. All people were to be
guaranteed and secured social, economic and political justice,
equality of status and equal opportunity before law. They were
guaranteed freedom of thought, expression, belief, faith, worship,
vocation, association and action subject to law and morality. The
minorities and backward and tribal people were guaranteed ade-
quate safeguards.
The first session of the Constituent Assembly lasted from 9
December to 23 December, 1946 and the second from 20 Jan-
uary, 1946 to 25 January, 1946. During the second session, the
Constituent Assembly set up a Steering Committee, a Committee
on the Order of Business, an Advisory Committee on Fundamen-
tal Rights and Minorities and a Union Powers Committee.
The third session of the Constituent Assembly lasted from 22
April, 1947 to 2 May, 1947. It is worthy of notice that the
Constituent Assembly up to now had done its work very slowly.
It had not taken any important decision to which the Muslim
League could object. It had kept itself strictly within the limits
laid down in the Cabinet Mission Scheme. . As by this time it
became certain that the Muslim League would not join the Con-
stituent Assembly, the latter took up in right earnest the work of
Constitution-making. Jawaharlal Nehru presented on 28 April,
1947 the Report of the Union Powers Committee. Sardar Patel
presented on 29 April, 1947 the Interim Report of the Advisory
Committee on Fundamental Rights and Minorities. The Consti-
tuent Assembly started discussing the fundamental rights. Before
adjourning on 2 May, 1947, the Constituent Assembly set up the
Union Constitution Committee under the Chairmanship of
Jawaharlal Nehru and the Provincial Constitutions Committee
under the Chairmanship of Sardar Patel.
The fourth session of the Constituent Assembly was held on
14 July, 1947. The Reports of the Committees on Union Con-
stitution and the Provincial Constitutions were presented. Like-
wise, the Reports of the Special Committees on Minorities, Fun-
damental Rights and the Tribal and Excluded Areas were also


## p. 697 (#737) ############################################

FRAMING THE CONSTITUTION
697
on 14
presented. The Report of the Ad Hoc Committee on the Sup-
reme Court was also presented. The Constituent Assembly be-
gan with a general discussion of the principles underlying the pro-
vincial constitutions. It adopted the national flag on 22 July,
1947. It started discussion on the principles of the Union Con-
stitution. After appointing the Chief Commissioners Provinces
Committee and the Expert Committee on Financial Relations, the
Constituent Assembly adjourned on 21 July, 1947.
The next session of the Constituent Assembly was held on 14
August, 1947. According to the terms of the Indian Indepen-
dence Act, 1947, the Constituent Assembly became a sovereign
body. It was not to work within the frame-work of the Cabi-
net Mission Scheme. It could frame any constitution it pleased.
From 15 August, 1947, the Constituent Assembly performed two
separate functions. It enacted ordinary laws for the country and
also framed the new Constitution of free India. This continued
up to 26 November, 1949 when the work of making the Constitu-
tion was completed.
The session of the Constituent Assembly which met
August, 1947 discussed the Second Report of the Committee on
Union Powers. That report was fundamentally different from
the earlier report and that was due to the passing of the Indian
Independence Act which removed the fetters from the powers of
the Constituent Assembly. While the previous report had pro-
vided for a weak centre, the second report provided for a strong
one. The report of the Advisory Committee on Minorities was
also discussed. The Reports on Fundamental Rights were also
discussed. On 29 August, 1947, a Drafting Committee of 7
members was set up with Dr. Ambedkar as Chairman. Its other
important members were K. M. Munshi, Sir Alladi Krishnaswami
Ayyar, T. T. Krishnamachari and Gopalswami Ayyangar.
The
draft on which the work of the Drafting Committee was based
was prepared by Sir B. N. Rau. The final draft was prepared
by S. N. Mukherji.
The Draft Constitution published in July, 1948. The
people of India were given 8 months to discuss the draft Consti-
tution and make their suggestions. It was on 4 November, 1948
that the general discussion on the draft constitution started and
the same continued till 9 November, 1948. Between 15 Novem-
ber, 1948 and 17 October, 1949, the draft was thoroughly dis-
cussed clause by clause. As many as 7,635 amendments were
proposed and 2,473 were actually discussed by the Constituent
Assembly. The draft was given the third reading from 14 Noy-
was


## p. 698 (#738) ############################################

698 CONSTITUTIONAL CHANGES FROM 1919 TO 1969
ember to 26 November, 1949. The new Constitution was adopt-
ed on 26 November, 1949.
In all, there were 11 sessions of the Constituent Assembly. It
sat for two years, 11 months and 18 days. The consideration of
the draft constitution took 114 days and the Constitution came
into force on 26 January, 1950.
THE CONSTITUTION OF INDIA (1950)
The new Constitution of India consists of 395 Articles and 9
Schedules. It is divided into twelve Parts. Between 1950 and
1969, there have been 21 amendments of the Constitution. The
last amendment took place in April, 1967.
The Constitution of India contains a Preamble which secures
to all its citizens justice, social, economic and political, liberty of
thought, expression, belief, faith and worship and equality of sta-
tus and opportunity. It also aims at creating in all its citizens the
feelings of fraternity and also assures the dignity of the individual
and the unity of the nation. It also sets up in the country a
sovereign democratic republic.
To begin with, there were four kinds of states under the Consti-
tution, viz. , Part A States, Part B States, Part C States and Part D
States. Part A States were previously the Governors’ Provinces.
Part B States were previously ruled by the Indian princes. Part
C States were those which were formerly under the Chief Com-
missioners and Lieutenant-Governors. As a result of the seventh
Amendment of the Constitution made in 1956, the old distinc-
tion among the states was abolished. At present (1969), there
are only 17 states and ten Union Territories. The number of
States has fluctuated from time to time on account of agitations
from various quarters. The Government has already agreed to
set up a new state for the hilly areas of Assam. There is also going
on an agitation for a separate state of Telangana.
Persons born or domiciled in India, refugees who have migrated
to India from Pakistan and the Indians overseas who apply for
Indian citizenship, are Indian citizens. The Constitution has
adopted the principle of a single citizenship for the whole of India.
The constitution provides for a large number of fundamental
rights which are guaranteed to every citizen of India. Those
rights are to be found in Articles 12 to 35 of the Constitution.
The Supreme Court of India and the High Courts have been ap-
pointed the guardians of those fundamental rights and it must be
admitted that they have performed their duty faithfully. This is
conclusively proved by the judgment of the Supreme Court in the


## p. 699 (#739) ############################################

THE CONSTITUTION OF INDIA
699
case of Golak Nath v. State of Punjab (A. I. R. 1967 S. C.
1643). The fundamental rights guaranteed by the Constitution
are : right to equality before law, prohibition of discrimination on
grounds of religion, race, caste, colour, sex or place of birth, equa-
lity of oppportunity in matters of public employment, abolition of
untouchability, right to freedom of speech and expression, right
to assemble peacefully and without arms, the right to form asso-
ciations and unions, the right to move freely throughout the terri-
tory of India, the right to reside and settle in any part of India,
the right to acquire, hold and dispose of property, the right to
practise any profession or to carry on any occupation, trade or
business, the right to life and personal liberty, the right to freedom
from arrest and detention in certain cases, the prohibition of tra-
ffic in human beings and forced labour, the prohibition of employ-
ment of children in any factory or mine or in any other hazardous
work, the right to freedom of conscience and free profession, prac-
tice and propagation of religion, the freedom to manage religious
affairs, freedom as to payment of taxes for promotion of any par-
ticular religion, freedom as to attendance at religious instruction
or religious worship in certain educational institutions, protection
of interests of minorities, right of minorities to establish and ad-
minister educational institutions, right
right to property with certain
limitations and the right to constitutional remedies. It is worthy
of notice that Article 32 which gives the right to move the Sup-
reme Court for the enforcement of the fundamental rights is itself
a fundamental right. Article 33 gives the Parliament power to
modify the fundamental rights in their application to the Armed
Forces or the forces charged with the maintenance of public order.
The Constitution of India also contains what are known as the
Directive Principles of State Policy. These principles relate to
those matters which the Government of India is required to keep
in view for the welfare of the people of the country. It is true
that these cannot be enforced by a court of law but no Govern-
ment can afford to ignore them. Articles 36 to 51 of the Cons-
titution contain these Directive Principles of State Policy. Arti-
cle 38 provides that the state shall strive to promote the welfare
of the people by securing and protecting as effectively as it may a
social order in which justice, social, economic and political, shall in-
form all the institutions of national life. The state shall, in par-
ticular, direct its policy towards securing that the citizens, men
and women equally, have the right to adequate means of livelihood,
that the ownership and control of the material resources of the
community are so distributed as best to subserve the common good,
that the operation of the economic system does not result in the


## p. 700 (#740) ############################################

700 CONSTITUTIONAL CHANGES FROM 1919 TO 1969
concentration of wealth and means of production to the common
detriment, that there is equal pay for equal work for both men
and women, that the health and strength of workers, men and wo-
men, and the tender age of children are not abused and that the
citizens are not forced by economic necessity to enter avocations
unsuited to their age or strength and that childhood and youth
are protected against exploitation and against moral and material
abandonment. It shall take steps to organise village Panchayats
and endow them with powers and authority to enable them to
function as units of self-government. It shall make effective provi-
sion for securing the right to work, to education, and to public
assistance in cases of unemployment, old age, sickness and disable-
ment and any other cases of undeserved want.
It shall make pro-
vision for securing just and humane conditions of work and for
maternity relief. It shall endeavour to secure to all workers a
living wage, conditions of work ensuring a decent standard of life
and full enjoyment of leisure and social and cultural opportunities.
It shall endeavour to promote cottage industries on an individual
or co-operative basis in rural areas. It shall endeavour to secure
for the citizens a uniform civil code throughout the territory of
India. It shall endeavour to provide for free and compulsory edu-
cation for all children until they complete the age of 14. It shall
promote with special care the educational and economic interests
of the weaker sections of the people. It shall raise the level of
nutrition and the standard of living and improve public health.
It shall endeavour to organise agriculture and animal husbandry
on modern and scientific lines. It shall protect monuments and
places and objects of national importance. It shall take steps to
separate the judiciary from the executive. It shall endeavour to
promote international peace and security, maintain just and ho-
nourable relations between nations, foster respect for international
law and treaty obligations in the dealings of organised peoples with
cne another and encourage settlement of international disputes by
arbitration.
The constitution provides for a President of the Indian Republic.
He is to be elected indirectly by an electoral college cunsisting of
the elected members of both houses of Parliament and Legislatures
of the States. The President must be a citizen of India.
He must
have completed the age of 35 and he must be qualified for elec-
tion as a member of Lok Sabha or House of the People. He is
not eligible for election if he holds a job under the Government.
He holds office for five years but he can be re-elected. He gets a
salary of Rs. 10,000 in addition to other allowances. He can be
impeached for the violation of the constitution. The constitution


## p. 701 (#741) ############################################

THE CONSTITUTION OF INDIA
701
provides a special procedure for the impeachment of the Presi-
dent. The President has been given a large number of powers in
the executive, legislative and judicial fields. He is authorised to
act in times of emergency. He is expected to act as a constitu-
tional head like the King of England.
The Vice-President of India is the ex-officio Chairman of the
Council of States. Any citizen of India who is 35 years of age
or more and who is qualified for the membership of Rajya Sabha
or Council of States can be elected to this office by both the Houses
of Parliament. When the President is ill or resigns or dies or is
removed or is absent for any other reason, his place is taken over
by the Vice-President of India for the time being.
The Constitution provides for a Council of Ministers to assist
the President. The President is to appoint the Prime Minister, but
the other Ministers are to be appointed by him on the advice of the
Prime Minister. All the ministers are collectively responsible to
the House of the People. It is the duty of the Prime Minister to
communicate to the President all the decisions arrived at in the
Cabinet. The Prime Minister is the link between the President
and the Cabinet. His position is the same as that of the Prime
Minister of England.
The Indian Parliament consists of two Houses: Lok Sabha and
Rajya Sabha. Lok Sabha or House of the People consists of 500
members elected by the voters in the States and 25 members cho-
sen by the Union Territories. Every adult or grown-up citizen of
India has been given the right to vote. The life of Lok Sabha
Lok Sabha has a Speaker and a Deputy Speaker.
Rajya Sabha is a permanent body of 250 members. 238 mem-
bers are elected by States and Union Territories and
12 mem-
bers are nominated by the President on the ground of their hav-
ing special knowledge or practical experience in respect of litera-
ture, science, art and social service. A member of Rajya Sabha
must be a citizen of India and he must be not less than 30 years
is five years.
of age.
The constitution provides for Supreme Court of India consisting
of Chief Justice of India and not more than 7 other judges. How-
ever, the number can be increased by an Act of Parliament and
the same has actually been done. An Act of 1956 fixed the num-
ber at 10 but 3 more judges were added by an Act of 1960. All
the judges of the Supreme Court are appointed by the President.
They hold office during good behaviour till the age of 65. Pro-
vision has also been made for the appointment of ad hoc judges
of the Supreme Court. The Supreme Court has been given both
original and appellate jurisdiction. As regards its original juris-


## p. 702 (#742) ############################################

702 CONSTITUTIONAL CHANGES FROM 1919 TO 1969
diction, it can try any dispute between the Government of India
and one or more States or between the Government of India and
any State or States on one side and one or more States on the other,
or between two or more States if and in so far as the dispute in-
volves any question, whether of law or fact, on which the existence
or extent of a legal right depends. The Supreme Court has the
power to issue directions or orders in the nature of writs of Hebeas
Corpus, ‘mandamus', prohibition, 'quo warranto' and 'certiorari’
or any of them for the enforcement of fundamental rights. The
appellate jurisdiction of the Supreme Court is of three kinds :
constitutional, civil and criminal. An appeal can be taken from
a High Court to the Supreme Court if a case involves a substan-
tial question of law with regard to the interpretation of the cons-
titution. In civil cases, an appeal lies tơ the Supreme Court if
the value of the subject-matter of the dispute is not less than
Rs. 20,000. In criminal cases, an appeal lies to the Supreme
Court if the High Court on appeal reverses an order of acquittal
of an'accused person and sentences him to death. An appeal also
lies if the High Court tries the accused and sentences him to
death. Provision is made for the increase of its powers in criminal
cases by Parliament. The Supreme Court has also advisory juris-
diction. It advises the President on questions of law and fact. It
has the power to grant special leave to appeal in certain cases. It
has the power of review.
The constitution provides for a High Court for every State.
Every High Court consists of a Chief Justice and such other judges
as the President of India may from time to time think fit. Every
judge is required to retire at the age of 62. Every High Court
has control over all the courts subordinate to it throughout the
territory under its control except any courts constituted for the
Armed Forces of India. Every High Court has both original and
appellate jurisdiction. It can issue writs of the type issued by
Supreme Court. It also hears appeals in civil and criminal cases.
Appointments, promotions and postings of the District Judges are
made by the Governor in consultation with the Chief Justice of
the High Court and the Chief Justice of India.
The constitution provides for a Union Public Service Commis-
sion and also State Public Service Commissions. Two or more
States can have a joint Public Service Commission. The main
functions of the Public Service Commissions are to recommend
candidates for appointment and also to conduct examinations for
recruitment to the services.
The constitution provides for a Comptroller and Auditor-Gene-
ral of India. He is appointed by the President to perform duties


## p. 703 (#743) ############################################

THE CONSTITUTION OF INDIA
703
and exercise powers relating to the accounts of the Union and the
States. His main duty is to keep a careful watch on the finances
of the Union and the States and especially to see that the expenses
voted by the Parliament or the Legislature of a State and laid down
in the Appropriation Act are not exceeded or varied.
The constitution provides for the distribution of powers between
the Union and the States. The Union List contains those subjects
on which laws can be passed by the Indian Parliament. The State
List contains those subjects on which laws can be made only by a
State Legislature. The concurrent list contains those subjects on
which laws can be passed both by the Union Parliament and the
State Legislatures. However, if a law is passed by the Union Par-
liament on a subject in the concurrent list, any state law on that
subject is superseded to the extent it is repugnant to the Union
law. The residuary powers are given to the Union Parliament.
There has been a lot of discussion in recent times with regard to
the Union-State relations. It is emphasised that these relations
must be reviewed in the light of the experience gained during the
last few years as there is a possibility of conflict between the two.
The constitution provides for the appointment of a Governor of
a State by the Central Government. However, a demand is be-
ing made that the State Government concerned should be consult-
ed by the Central Government before making the appointment.
A Governor holds office during the pleasure of the President.
He
has the power to grant pardons, reprieves, respites or remissions of
punishment, or to suspend, remit or commute sentences in certain
The Governor appoints the Chief Minister bui the other
ministers are appointed by him on the advice of the Chief Minister.
The ministers are collectively responsible to the Legislative Assem-
bly of the State. The Governor appoints an Advocate-General for
the State. His duty is to give advice to the Government upon
legal matters and to perform other duties which are given to him
by the Governor.
In the States of Andhra Pradesh, Bihar, Madhya Pradesh, Mad-
ras, Maharashtra, Mysore, Punjab, and Uttar Pradesh, the State
Legislatures have two houses known as the State Legislative Coun-
cil and State Legislative Assembly. In other States, there is only
one house consisting of the State Legislative Assembly. Provision
has also been made for the abolition creation of Legislative
Councils in the States. Every Legislative Assembly has a Speaker
and a Deputy Speaker and every Legislative Council has a Chair-
man and a Deputy Chairman.
The constitution provides for an Election Commission consisting
of the Chief Election Commissioner and such number of other
cases.
or


## p. 704 (#744) ############################################

704 CONSTITUTIONAL CHANGES FROM 1919 TO 1969
Election Commissioners as the President may from time to time
fix. The superintendence, direction and control of the preparation
of the electoral rolls for, and the conduct of, all elections to Par-
liament and to the Legislatures of every State and of elections to
the offices of the President and the Vice-President held under the
constitution vest in this Commission.
The constitution provides that the official language of the Indian
Union shall be Hindi in Devanagri script. For a period of 15
years from the commencement of the Constitution, the Eng-
lish language shall continue to be used for all the official purposes
of the Union for which it was being used immediately before its
commencement. The President may, during the said period, by
order authorise the use of Hindi language in addition to the Eng-
lish language. Notwithstanding anything in Article 343, Parlia-
ment may by law provide for the use, after the said period of 15
years, of the English language for such purposes as may be speci-
fied in the law. This has actually been done by an Act of Par-
liament on account of an agitation by the people of South India
who demand the retention of the English language.
Provision has also been made for the amendment of the consti-
tution. The constitution is amended when the President gives as-
sent to any bill after it is passed in each House of Parliament by a
majority of not less than two-thirds of the members of the House
present and voting. Exception is made in the case of amendments
of certain particular provisions in which amendments require rati-
fication by not less than one-half of the State legislatures.
AMENDMENTS OF THE CONSTITUTION
The Constitution of India has been amended from time to time.
The first amendment took place in June, 1951. The reason was
that certain flaws were discovered in the working of thư Constitu-
tion and those had
to be remedied. The right to freedom of
speech and expression as given by Article 19 of the Constitution
was held by some courts to be so comprehensive that no action
could be taken against any individual who even advocated murder
or other violent crimes. (Romesh Thapar v. State of Madras,
A. I. R. 1950 S. C. 124). It was also considered necessary to
clarify the right of the citizen to practise any profession or to carry
on any occupation, trade or business. Moreover, many state le-
gislatures had passed laws abolishing landlordism and in many cases
those laws declared ultra vires. (Kameshwar Singh v.
State of Bihar, A. I. R. 1951 Patna 91). It was considered neces-
sary to amend the Constitution in such a way that progressive
were


## p. 705 (#745) ############################################

AMENDMENTS OF THE CONSTITUTION
705
legislation in the agrarian field may not be blocked. There was
also felt the necessity of making special provision for the educa-
tional, economic or social development of the backward classes.
Many changes were made in the Constitution by the First
Amendment of 1951. It was specifically provided that nothing
in Article 15 or Artice 29(2) of the Constitution shall prevent the
state from making any special provision for the advancement of
any socially and educationally backward classes of citizens or for
the Scheduled Castes and the Scheduled Tribes. It was also pro-
vided that nothing in Article 19(1) (a) of the Constitution shall
affect the operation of any existing law or prevent the state from
making any law, in so far as such law imposed reasonable res-
trictions on the exercise of the right conferred by Article 19(1)
(a) in the interest of the security of the state, friendly relations
with foreign states, public order, decency or morality or in re-
lation to contempt of court, defamation or incitement to an
offence. The amended Article 19(6) provided that nothing shall
affect the operation of any existing law in so far as it related to
or prevented the state from making any law relating to the pro-
fessional or technical qualifications necessary for practising any
profession or carrying on any occupation, trade or business or the
carrying on by the state or by a corporation owned or controlled
by the state, of any trade, business, industry or service, whether
to the exclusion, complete or partial, of citizens or otherwise. No
law in force in the territory of India immediately before the com-
mencement of the Constitution which was consistent with the pro-
visions of Article 19 shall be deemed to be void or ever to have
become void, on the ground that its operation was not saved by
Article 19(2) as originally enacted.
The amendment also provided that no law providing for the
acquisition by the state of any estate or of any rights therein or
for the extinguishment or modification of any such rights shall be
deemed to be void on the ground that it is inconsistent with or
takes away or abridges any of the rights conferred by any of the
provisions of Part III of the Constitution. However, where
.
such a law was a law made by the legislature of a state, provisions
of Artcile 31-A shall not apply unless such law, having been re-
served for the consideration of the President, has received his as-
sent. It was also provided that none of the Acts and regulations
specified in the Ninth Schedule to the Constitution nor any of the
provisions thereof shall be deemed to be void or ever to have
become void, on the ground that such Act, regulation or provision
is inconsistent with or takes away or abridges any of the rights
conferred by any provision of Part III of the Constitution and not-


## p. 706 (#746) ############################################

706 CONSTITUTIONAL CHANGES FROM 1919 TO 1969
>
withstanding any judgment, decree or order of any court or tri-
bunal to the contrary, each of the said Acts aand regulations shall
continue in force. The Acts and regulations mentioned in the
Ninth Schedule were the Bihar Land Reforms Act, 1950, the
Bombay Tenancy and Agricultural Lands Act, 1948, the Bom-
bay Maleki Tenure Abolition Act, 1949, the Bombay Taluqdari
Tenure Abolition Act, 1949, the Panch Mahals Mehwassi Tenure
Abolition Act, 1949, the Bombay Khoti Abolition, Act, 1950, the
Bombay Paragana and Kulkarni Watan Abolition Act, 1950, the
Madhya Pradesh Abolition of Proprietary Rights (Estate, Mahals,
Alienated Lands) Act, 1950, The Madras Estates (Abolition and
Conversion into Ryotwari) Act, 1948, the Madras Estates (Abo-
lition and Conversion into Kyotwari) Act, 1948, the Madras
Estates (Abolition and Conversion into Ryotwari) Amendment
Act, 1950, the Uttar Pradesh Zamindari Abolition and Land Re-
forms Act, 1950, the Hyderabad (Abolition of Jagirs) Regulation,
1358F, and the Hyderabad Jagirs
Hyderabad Jagirs (Commutation)
Commutation) Regulation,
1359F. This particular amendment was a paramount import-
ance as it gave to the Indian Parliament the power to include
any law in the Ninth Schedule, howsoever objectionable its pro-
visions might be and the same could not be challenged in any court
of law. As a matter of fact, 7 more laws were included in the
Ninth Schedule by the Fourth Amendment made in 1955. As
many as 44 new laws were added to the Ninth Schedule by the
17th Amendment carried out in 1964. However, the Supreme
Court of India has put a stop to the abuse of power by its decision
in the case of Golak Nath v. State of Punjab (A. I. R. 1967
S. C. 1643).
A few minor amendments were also made in Articles 85, 87,
174 and 176 of the Constitution dealing with the sessions of Par-
liament and State legislatures. Minor changes were also made .
in Articles 341, 342 and 376 of the Constitution.
The second amendment of the Constitution took place on 1
May, 1953. It made a very minor change in Article 81 of the
Constitution. The words and figures "not less than one mem-
ber for every 7,50,000 of the population” were omitted.
The third amendment was made on 22 February, 1955. The
only change made by the amendment was the substitution of a
new entry for entry No. 33 in List III in the Seventh Schedule
of the Constitution. The new entry was to deal with trade and
commerce in and the production, supply and distribution of the
products of any industry where the control of that industry by
the Union was declared by Parliament by law to be expedient in
the public interest and imported goods of the same kind as such


## p. 707 (#747) ############################################

AMENDMENTS OF THE CONSTITUTION
707
products, foodstuffs, cattle fodder, raw cotton and raw jute.
The fourth amendment of the Constitution took place on 27
April, 1955. An amendment was made in Article 31(2) of the
Constitution. The amended Article provided that no property
shall be compulsorily acquired or requisitioned save for a public
purpose and save by authority of a law which provides for com-
pensation for the property so acquired or requisitioned and either
fixes the amount of the compensation or specifies the principles
on which and the manner in which the compensation is to be de-
termined and given. No such law was to be called in question
in any court on the ground that the compensation provided by
that law was not adequate. Where a law did not provide for the
transfer of the ownership or right to possession of any property
to the state or to a corporation owned or controlled by the state,
it shall not be deemed to provide for the compulsory acquisition
or requisitioning of property, notwithstanding that it deprived
any person of his property.
A change was also made in Article 31-A. The amended Article
31-A(1) provided that no law providing for the acquisition
by the state of any estate or of any rights therein or the extinguish-
ment or modification of any such rights, or the taking over the ma-
nagement of any property by the state for a limited period either
in the public interest or in order to secure the proper manage-
ment of the property or the amalgamation of two or more corpora-
tions either in the public interest or in order to secure the proper
management of any of the corporations, or the extinguishment or
modification of any rights of managing agents, secretaries and
treasurers, managing directors, directors or managers of corpora-
tions or of any voting rights of shareholders thereof, or the ex-
tinguishment or modification of any rights accruing by virtue of
any agreement, lease or license for the purpose of searching for or
winning any mineral or mineral oil or the pre-mature termination
or cancellation of any such agreement, lease or license shall be
deemed to be void on the ground that it was inconsistent with or
took away or abridged any of the rights conferred by Articles
14, 19 or 31. Where such a law was a law made by the legisla-
ture of a state, the provisions of Article 31-A(1) shall not apply
thereto unless that law, having been reserved for the considera-
tion of the President, received his assent.
This amendment also substituted another Article in place of
Article 305 and thereby saved the existing laws providing for
state monopolies. This amendment also added 7 new Acts to
the Ninth Schedule of the Corstitution which could not be chal-
lenged in any court on any ground.


## p. 708 (#748) ############################################

708 CONSTITUTIONAL CHANGES FROM 1919 TO 1969
The fifth amendment of the Constitution took place on 24 Dec-
ember, 1955. A change was made in Article 3 of the Constitu-
tion. It was provided that no bill shall be introduced in either
House of Parliament except on the recommendation of the Presi-
dent and unless, where the proposal contained in the bill affected
the area, boundaries or name of any of the states specified in Part
A and Part B of the First Schedule, the bill had been referred by
the President to the legislature of that state for expressing its
views thereon within such period as may be specified in the refe-
rence or within such further period as the President may allow and
the period so specified or allowed had expired.
The sixth amendment of the Constitution took place on 11 Sep-
tember, 1956. Entry No. 92-A dealing with taxes was added to
-
the Union List. Another entry was substituted for the existing
entry No. 54 in the State List. Articles 269 and 286 were also
amended. It was provided that any law of a state shall, in so far
as it imposed or authorised the imposition of a tax on the sale or
purchase of goods declared by Parliament to be of special import-
ance in inter-state trade or commerce, be subject to such restric-
tions and conditions in regard to the system of levy, rates and
other incidents of the tax as Parliament may by law specify.
The Seventh amendment took place on 19 October, 1956. A
new Schedule was substituted for the First Schedule to the Consti-
tution. In the new Schedule were mentioned 14 states and 6
Union territories. Changes were made in the number of represen-
tatives to be sent by the various states to the Council of States or
Rajya Sabha. Articles 81 and 82 were amended and the amend-
ments related to the total number of the members of Lok Sabha and
the manner in which they were to be elected. Provision was also
made for the readjustment of territorial constituencies from time
to time. Articles 131, 153, 158 and 168 were also amended.
Article 170 as amended provided that the Legislative Assembly of
each state shall consist of not more than 500 and not less than 60
members. Adjustments were to be made in the territorial consti-
tuencies after each census. Articles 216, 217, 220, 224, 230 and 231
relating to High Courts were also amended. Article 224 provided
for the appointment of additional and acting judges. Article 230
provided for the extension of the jurisdiction of High Courts to
Union territories. Article 231 provided for the establishment of
a common High Court for two or more states. Articles 239 and
240 relating to Union territories were amended. Articles 350-A
and 350-B relating to the education of minorities were added. A
new Article was substituted for Article 371 and the substituted
Article provided for the establishment of Regional Committees in


## p. 709 (#749) ############################################

AMENDMENTS OF THE CONSTITUTION
709
the Punjab and Andhra Pradesh. Special provision was also made
for Bombay. Article 372-A dealing with the power of the Presi-
dent to adapt laws was added. Some changes were also made in
the Second Schedule of the Constitution. The salary of the Chief
Justice of a High Court was fixed at Rs. 4,000/- and of other judges
Rs. 3,500/- each. Some changes were also made in the Seventh
Schedule of the Constitution. Some minor changes were also
made in various Articles of the Constitution.
The eighth amendment of the Constitution took place on 5
January, 1960. Originally, the reservation of seats and special
representation for the Scheduled Castes and Scheduled Tribes and
the Anglo-Indians was made for 10 years but the amendment ex-
tended the period to 20 years.
The Ninth amendment of the Constitution took place on 28
December, 1960. The object of the amendment was to give effect
to the transfer of certain territories to Pakistan in pursuance of the
agreements entered into between the Governments of India and
Pakistan. The amendment was made in view of the advisory
opinion given by the Supreme Court of India. This amendment
made changes in the First Schedule and Second Schedule of the
Constitution.
The tenth amendment was made on 16 August, 1961. It added
the territories of Dadra and Nagar Haveli to the First Schedule of
the Constitution as a Union territory.
The Constitution was amended for the eleventh time on 19
December, 1961. Articles 66 and 71 were amended. The Vice-
President of India was to be elected by an electoral college consti-
tuted by members of both Houses of Parliament and their sitting
together was not necessary. The election of a person as President
or Vice-President was not to be called in question on the ground
of the existence of any vacancy for whatever reason among the
members of the electoral college electing him.
The twelfth amendment of the Constitution took place on 27
March, 1962. The amendment was to be deemed to have come
into force on 20 December, 1961. A new Union territory of Goa,
Daman and Diu was set up.
The thirteenth amendment of the Constitution took place on 28
December, 1962. Part XXI of the Constitution was amended and
special provision was made for the State of Nagaland.
The fourteenth amendment of the Constitution took place on
28 December, 1962. The Union territory of Pondicherry was add-
ed to the First Schedule of the Constitution. Changes were also
made in Articles 239-A and Article 240(A). Article 239-A pro-
vided that Parliament may by jaw create for any of the Union ter-


## p. 710 (#750) ############################################

710 CONSTITUTIONAL CHANGES FROM 1919 TO 1969
ritories of Himachal Pradesh, Manipur, Tripura, Goa, Daman and
Diu and Pondicherry a body to function as a legislature for the
Union territory or a Council of Ministers or both. When a legis-
lature was created for the above mentioned Union territories, the
President of India was not to make any regulation for the peace,
progress and good government of the Union territories.
The fifteenth amendment of the Constitution was made on 5
October, 1963. This amendment raised the retirement age of
High Court judges from 60 to 62 years. It gave compensatory
allowance to High Court judges on transfer from one High Court
to another. It provided for the appointment of retired judges of
a High Court to work as judges of the same High Court. Article
226 of the Constitution was also amended. It provided that the
power of issuing writs, directions or orders to any government,
authority or person may be exercised by any High Court exercis-
ing jurisdiction in relation to the territories within which the cause
of action, whole or any part, arises for the exercise of such power,
notwithstanding that the seat of such government or authority or
the residence of such person is not within those territories. A
change was also made in Article 311. It provided that no civil
servant shall be dismissed or removed or reduced in rank except
after an inquiry in which he has been informed of the charges
against him and given a reasonable opportunity of being heard in
respect of those charges and where it is proposed, after such inquiry
to impose on him any such penalty, until he has been given a rea-
sonable opportunity of making representation on the penalty pro-
posed, but only on the basis of the evidence adduced during such
inquiry. This provision will not apply where a person is dismiss-
ed or removed or reduced in rank on the ground of conduct which
has led to his conviction on a criminal charge, or where the autho-
rity empowered to dismiss or remove a person or to reduce him in
rank is satisfied that for some reason, to be recorded by that autho-
rity in writing, it is not reasonably practicable to hold such inquiry,
or where the President or the Governor is satisfied that in the inter-
est of the security of the state, it is not expedient to hold such
inquiry. If a question arises whether it is reasonably practicable
to hold an inquiry or not, the decision thereon of the authority
empowered to dismiss or remove such person or to reduce him in
rank shall be final. A very minor change was also made in Article
316 of the Constitution.
The sixteenth amendment was also made on 5 October, 1963.
It amended clauses (2), (3) and (4) of Article 19 of the Constitu-
tion for enabling the states to make any law imposing reasonable
restrictions on the exercise of the rights conferred by sub-clauses


## p. 711 (#751) ############################################

AMENDMENTS OF THE CONSTITUTION
711
(a), (b) and (c) of clause 1 of Article 19 in the interests of the
sovereignty and integrity of India. This amendment also amend-
ed Articles 84 and 173 and forms of oath in the Third Schedule to
the Constitution so as to provide that every candidate for the mem-
bership of Parliament and state legislature, judges of Supreme
Court of India and High Courts of States and Comptroller and
Auditor General of India should take an oath to uphold the sover-
eignty and integrity of India.
The seventeenth amendment took place on 20 June, 1964. Article
31-A was amended and it was provided that where any law makes
any provision for the acquisition by the state of any estate and
where any land comprised therein is held by a person under his
personal cultivation, it shall not be lawful for the state to acquire
any portion of such land as is within the ceiling limit applicable
to him under any law for the time being in force or any building
or structure standing thereon or appurtenant thereto, unless law
relating to the acquisition of such land, building or structure, pro-
vides for payment of compensation at a rate not less than its market
value. An addition was made in the Ninth Schedule to the Con-
stitution by adding 64 new Acts to the Ninth Schedule and taking
them out of the jurisdiction of the courts of the country.
The eighteenth amendment was made on 27 August, 1966. Two
Explanations were added to Article 3. It was provided that Par-
liament of India was competent to form a new State or Union
territory by uniting a part of any state or Union territory to any
other state or Union territory.
The nineteenth amendment was made on 11 December, 1966.
It amended Article 324. It deleted the words relating to the ap-
pointment of election tribunals as the same were abolished and
their work was given to High Courts.
The twentieth amendment was made on 22 December, 1966.
This amendment added Article 233-A to the Constitution and
regularised the appointment of the judges made in Uttar Pradesh
and also the decisions given by them.
The twenty-first amendment was made on 10 April, 1967. It
merely added Sindhi in the Eighth Schedule of the Constitution
dealing with the languages of India.
It is noteworthy that during the first few years after the adop-
tion of the Constitution, there were too many amendments. That
was partly due to the absolute majority enjoyed by the Congress
both in Parliament and state legislatures and partly due to the domi-
nating personality of Prime Minister Jawaharlal Nehru who could
get anything passed through Parliament. Nehru died in 1964 and
the Congress lost its hold during the general elections held in 1967.
The result is that there has been no amendment of the Constitution
since 1967.


## p. 712 (#752) ############################################

CHAPTER XXXV
THE NATIONALIST MOVEMENT IN INDIA
THE nationalist movement which culminated in the achieve-
ment of independence in 1947, was not the result of a few agitators.
It was the outcome of a large number of factors and the most im-
portant among them was British imperialism.
was British imperialism. It was British
imperialism which brought about the unification of the country
and enabled the people to think as one nation. Before the coming
of the English to India, the people of the South were usually
separated from the rest of India except for short intervals. British
imperialism made the people of India think themselves as one
nation. Prof. Moon rightly observes: “British imperialism in India
gave her a political unity under a third party in spite of the many
discordant elements in Indian society. ”
The improvements in the means of transport and communication
also quickened the pace of the nationalist movement in the coun-
try. The Indian leaders found themselves in a position to carry
on their propaganda in every nook and corner of the country.
Without those means of communication and transport, such a thing
would have been unthinkable. The frequent meetings of the
leaders among themselves and their personal contact with the people
in different parts of the country gave a momentum to the national-
ist movement.
Many scholars, poets and religious reformers contributed towards
the progress of the nationalist movement. The study and publica-
tion of the ancient Indian literature by the Asiatic Society of Bengal
and scholars like Max Muller, Monier Williams, Colebrooke,
Ranade, Har Prasad Sastri, R. G. Bhandarkar, Rajendra Lal Mitra
etc. revealed to the people of India the majesty of the Sanskrit
language and also inculcated among them a feeling of pride in
their past and their faith in the future.
The religious and social reformers like Raja Ram Mohan Roy,
Keshab Chandra Sen, Debendra Nath Tagore, Ishwar Chandra
Vidyasagar, Swami Dayanand Saraswati, Ramakrishna Param-
hans, Vivekanand and others exercised a tremendous influence on
the people of India and they were responsible in different ways in
putting the people of India on the road to progress. It is contend-
ed that political agitation in India began with Raja Ram Mohan
Roy. His study of English literature, history and parliamentary
institutions acquainted him with the western political ideas and he


## p. 713 (#753) ############################################

FACTORS HELPING NATIONAL CONSCIOUSNESS 713
introduced the methods of political agitation by petitions, pamph-
lets, memorials, public meetings and the press. He was a great
,
lover of liberty. To him, liberty was indivisible. The enslave-
ment of one section of humanity was incompatible with the liberty
of another section. He followed with intense interest the course
of the French Revolution. He is said to have given a public dinner
in the Town Hall of Calcutta as a mark of his joy at the establish-
ment of constitutional government in Spain.