View source for Fourteenth Amendment of the Constitution of India

{{Use Indian English|date=November 2013}}
{{Use dmy dates|date=November 2013}}
{{Infobox legislation
|short_title         = The Constitution (Fourteenth Amendment) Act, 1962
|legislature         = [[Parliament of India]]
|image               = 
|imagesize           = 150px
|imagealt            = 
|caption             = 
|long_title          = An Act further to amend the Constitution of India.
|citation            = [http://indiacode.nic.in/coiweb/amend/amend14.htm 14th Amendment]
|territorial_extent  = [[India]]
|enacted_by          = [[Lok Sabha]]
|date_passed         = 4 September 1962
|enacted_by2         = [[Rajya Sabha]]
|date_passed2        = 7 September 1962
|date_assented       = 28 December 1962
|date_commenced      = 28 December 1962
|administered_by     = 
|bill                = Constitution (Fourteenth Amendment) Bill, 1962
|bill_citation       = 
|bill_date           = 30 August 1962
|introduced_by       = [[Lal Bahadur Shastri]]
|1st_reading         = 
|2nd_reading         = 
|3rd_reading         = 
|bill2               =
|bill_citation2      = 
|bill_date2          = 
|introduced_by2      = 
|1st_reading2        = 
|2nd_reading2        = 
|3rd_reading2        = 
|related_legislation = 
|summary             = Incorporated [[Puducherry (union territory)|Pondicherry]] as the ninth [[Union territory]] of India. Also empowered Parliament to create by law, Legislatures and Councils of Ministers for the Union territories of [[Himachal Pradesh]], [[Manipur]], [[Tripura]], [[Goa]], [[Daman and Diu]] and Pondicherry.
|keywords            = 
|status              = in force
}}

The '''Fourteenth Amendment''' of the [[Constitution of India]], officially known as '''The Constitution (Fourteenth Amendment) Act, 1962''', incorporated Pondicherry (now [[Puducherry (union territory)|Puducherry]]) as the ninth [[Union territory]] of India, and also gave [[Parliament of India|Parliament]] the authority to create by law, Legislatures and Councils of Ministers for the Union territories of [[Himachal Pradesh]], [[Manipur]], [[Tripura]], [[Goa]], [[Daman and Diu]] and Puducherry.

The French establishments of [[Pondicherry]], [[Karaikal|Karikal]], [[Mahé, India|Mahé]] and [[Yanam]] became territories of the Indian Union on 16 August 1962, with the ratification of the [[Treaty of Cession]] by India and [[France]]. The 14th Amendment came into effect on 28 December 1962.

==Text==
{{quote|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 Establishment 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 purpose 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. I" shall be inserted; 
:'''(b)''' for the figures "225", the figures "226" shall be substituted.<ref>{{cite web|title=Texts of the Constitution Amendment Acts|url=http://164.100.47.134/intranet/CAI/A.pdf|work=Lok Sabha Secretariat|access-date=2 December 2013|pages=424–426|archive-url=https://web.archive.org/web/20131203013036/http://164.100.47.134/intranet/CAI/A.pdf|archive-date=3 December 2013|url-status=dead}} {{PD-notice}}</ref><ref>{{cite web|url=http://indiacode.nic.in/coiweb/amend/amend14.htm |title=The Constitution (Fourteenth Amendment) Bill, 1962|access-date=2 December 2013}} {{PD-notice}}</ref>}}

==Constitutional changes==
Section 2 of the amendment amended article 81(1) (b) of the Constitution in order to raise the maximum number of seats in the Lok Sabha for members representing the Union territories from 20 to 25, thus enabling representation to be given to the Union territory of Pondicherry. The First Schedule to the Constitution was amended to include the territories of Pondicherry with effect from 16 August 1962. The Fourth Schedule to the Constitution was amended to allocate one seat in Rajya Sabha to the Union territory of Pondicherry.
{{Indian Constitution TOC}}
The insertion of a new article 239A in the Constitution, gave Parliament the authority to create by law, Legislatures and Councils of Ministers for the Union territories of Himachal Pradesh, Manipur, Tripura, Goa, Daman and Diu and Pondicherry. Section 4 of the Amendment provided that any law passed for this purpose would not be deemed to be an amendment of the Constitution for the purpose of article 368. Clause (1) of article 240 of the Constitution was amended to include the Union territory of Pondicherry in order to enable the President to "make regulations for the peace, progress and good government" of the territory. However, the President would cease to make regulations, when any body is created under the new article 239A to function as a Legislature for Union territories of Goa, Daman and Diu or Pondicherry, with effect from the date appointed for the first meeting of such Legislature.<ref name = "Constitution Amendment in India"/>

==Proposal and enactment==
The ''Constitution (Fourteenth Amendment) Bill, 1962'' (Bill No. 86 of 1962) was introduced in the [[Lok Sabha]] on 30 August 1962. It was introduced by [[Lal Bahadur Shastri]], then [[Minister of Home Affairs]], and sought to amend articles 81 and 240, and the First and the Fourth Schedules to the Constitution. It also sought to insert a new article 239A in the Constitution.<ref name="Constitution Amendment in India">{{cite book|title=Constitution Amendment in India|date=1 January 1995|publisher=Northern Book Centre|location=New Delhi|pages=32–33;171–172;299–301|isbn=9788172110659|url=https://books.google.com/books?id=4yp0yhzdKWIC|edition=Sixth|editor=R.C. Bhardwaj|access-date=3 December 2013}}</ref> The full text of the Statement of Objects and Reasons appended to the bill is given below:

{{quote|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.
|Lal Bahadur Shashtri|{{cite web|url=http://indiacode.nic.in/coiweb/amend/amend14.htm |title=The Constitution (Fourteenth Amendment) Bill, 1962}} {{PD-notice}}}}

The bill was considered and passed, with some modifications, by the Lok Sabha on 4 September 1962. The bill passed by the Lok Sabha, was debated and passed by the Rajya Sabha on 7 September 1962. Clauses 1, 2, 3 and 5 to 7 of the Bill were adopted, in the original form, by the Lok Sabha and the Rajya Sabha on 4 and 7 September 1962, respectively. Clause 4 of the Bill sought to insert a new article 239A in the Constitution, which would empower Parliament to create by law, Legislatures and Councils of Ministers for certain Union territories. Hari Vishnu Kamath moved an amendment to Clause 4 in the Lok Sabha, which sought to omit the words "nominated or" after the word "whether" in clause 1(a) of the new article 239A,  be omitted. The amended Clause 4 was adopted by the Lok Sabha, and later by the Rajya Sabha. The effect of the amendment was that the Legislatures of the Union territories could not be wholly nominated bodies.<ref name = "Constitution Amendment in India"/>

The bill received assent from then President [[Sarvepalli Radhakrishnan]] on 28 December 1962, and came into force on the same date.<ref name = "Constitution Amendment in India"/><ref>{{cite web|url=http://www.constitution.org/cons/india/amendment.htm |title=The Constitution (Amendment) Acts |publisher=Constitution.org |access-date=2013-12-01}} {{PD-notice}}</ref> It was notified in ''[[The Gazette of India]]'' on 29 December 1962.<ref name="Lok Sabha Secretariat">{{cite web|title=Constitution Amendment in India|url=http://164.100.47.134/intranet/CAI/2.pdf|work=Lok Sabha Secretariat|access-date=2 December 2013|page=87|url-status=dead|archive-url=https://web.archive.org/web/20131203013122/http://164.100.47.134/intranet/CAI/2.pdf|archive-date=3 December 2013|df=dmy-all}} {{PD-notice}}</ref>

==Ratification==
The Act was passed in accordance with the provisions of Article 368 of the Constitution, and was ratified by half of the State Legislatures, as required under Clause (2) of the said article. State Legislatures that ratified the amendment are listed below:<ref name = "Constitution Amendment in India"/>

{{col-begin}}
{{col-2}}
# [[Andhra Pradesh]]
# [[Jammu and Kashmir (state)|Jammu and Kashmir]]
# [[Kerala]]
# [[Madras State|Madras]]
# [[Maharashtra]]
# [[Mysore State|Mysore]]
# [[East Punjab]]
# [[Rajasthan]]
# [[Uttar Pradesh]]
# [[West Bengal]]
{{col-break}}
Did not ratify:
# [[Assam]]
# [[Bihar]]
# [[Gujarat]]
# [[Madhya Pradesh]]
# [[Odisha|Orissa]]
{{col-end}}

==See also==
*[[List of amendments of the Constitution of India]]

==References==
{{reflist}}

[[Category:Amendments of the Constitution of India|14]]
[[Category:1962 in India]]
[[Category:1962 in law]]
[[Category:Nehru administration]]