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The Contents of This File Have Been Made User-Friendly and Are Available in the Bookmark The contents of this file have been made user-friendly and are available in the bookmark. To view, please right click on this page and go to 'show navigation pane buttons' which will open bookmark on the left side. Click on the bookmark to get information about specific Constitution Amendment Act. 206 CONSTITUTION AMENDMENT IN INDIA XLVIII THE CONSTITUTION (FORTY-EIGHTH AMENDMENT) ACT, 1984347 Objects and Reasons of the Bill The Proclamation issued by the President under article 356 of the Constitution on 6 October 1983 with respect to the State of Punjab could not be continued in force for more than one year unless the special conditions mentioned in clause (5) of article 356 of the Constitution were satisfied. Although the Legislative Assembly was in suspended animation and a popular Government could not be installed, having regard to the prevailing situation in the State, the continuance of the Proclamation beyond 5 October 1984 was considered necessary. To facilitate the adoption of a resolution by the two Houses of Parliament approving the continuance in force of the Proclamation beyond 5 October 1984, it was considered necessary to amend article 356 of the Constitution. Therefore, the Bill sought to amend clause (5) of article 356 so as to make the condition mentioned therein inapplicable for the purposes of the continuance in force of the said Proclamation up to a period of two years from the date of its issue. Legislative History The Constitution (Forty-eighth Amendment) Act, 1984, when introduced in the Lok Sabha on 17 August 1984, was titled as the Constitution (Fiftieth Amendment) Bill, 1984348. The Bill sought to amend article 356 of the Constitution. The Bill was considered by the Lok Sabha on 23 August 1984 and passed on the same day with a formal amendment changing the short title to “The Constitution (Forty-eighth Amendment) Act, 1984349. The 347 Bill No. 77 of 1984; Introduced as the Constitution (Fiftieth Amendment) Bill in Lok Sabha by the Minister of Home Affairs, Shri P.V. Narasimha Rao on 17 August 1984; Debated, Lok Sabha: 23 August 1984; Rajya Sabha: 25 August 1984; President’s Assent: 26 August 1984; Date of Gazette Notification: 26 August 1984; Date of Commencement: 26 August 1984. 348 L.S. Deb., 17 August 1984, c. 230. 349 Ibid., 23 August 1984, cc. 468-479. CONSTITUTION AMENDMENT IN INDIA 207 Bill, as passed by the Lok Sabha, was considered and passed by the Rajya Sabha on 25 August 1984350. Important Provisions of the Act New proviso inserted in clause (5) of article 356 of the Constitution provides that in the case of the Proclamation issued by the President on 6 October 1983 with respect to the State of Punjab, Parliament may pass any resolution with respect to the continuance in force of the Proclamation for a period up to two years. (Section 2) XLIX THE CONSTITUTION (FORTY-NINTH AMENDMENT) ACT, 1984351 Objects and Reasons of the Bill The Tripura Legislative Assembly passed a resolution on 19 March 1982 and again on 11 February 1983, urging the Government of India to apply the provisions of the Sixth Schedule to the Constitution to the tribal areas of the State. The State Government, therefore, recommended amendment of the Constitution for the purpose. Though under the Tripura Tribal Areas Autonomous District Council Act, 1979, an Autonomous District Council had been functioning in the State, it was considered necessary to give it the constitutional sanctity with a view to meet the aspirations of the tribal population. The Council was expected to ensure rapid development of tribal areas and self-governance by the tribals. In view of the above, the Bill sought to amend the Constitution. Legislative History The Constitution (Forty-ninth Amendment) Act, 1984, when introduced in the Lok Sabha on 17 August 1984, was titled as the 350 R.S. Deb., 25 August 1984, cc. 157-161. 351 Bill No. 79 of 1984; Introduced as the Constitution (Fifty-first Amendment) Bill in Lok Sabha by the Minister of Home Affairs, Shri P.V. Narasimha Rao on 17 August 1984; Debated, Lok Sabha: 23 August 1984; Rajya Sabha: 25 August 1984; President’s Assent: 11 September 1984; Date of Gazette Notification: 11 September 1984; Date of Commencement: 1 April 1985. 208 CONSTITUTION AMENDMENT IN INDIA Constitution (Fifty-first Amendment) Bill, 1984352. The Bill sought to amend article 244 and the Fifth and Sixth Schedules to the Constitution. The Bill was considered by the Lok Sabha on 23 August 1984 and passed on the same day with a formal amendment changing the short title to the Constitution (Forty-ninth Amendment) Act, 1984353. The Bill, as passed by the Lok Sabha, was considered and passed by the Rajya Sabha on 25 August 1984354. Important Provisions of the Act The Act shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. (Section 1) Article 244 of the Constitution has been amended to provide for application of the provisions of the Sixth Schedule to the Constitution to the tribal areas of the State of Tripura. (Section 2) New Paragraph 12AA inserted in the Sixth Schedule to the Constitution has provided for the application of the Acts of Parliament and of the Legislature of the State of Tripura to the autonomous district and autonomous regions in the State. (Section 4) L THE CONSTITUTION (FIFTIETH AMENDMENT) ACT, 1984355 Objects and Reasons of the Bill By article 33 of the Constitution, Parliament is empowered to enact laws determining as to what extent any of the rights conferred by 352 L.S. Deb., 17 August 1984, c. 230. 353 Ibid., 23 August 1984, cc. 546-556. 354 R.S. Deb., 25 August 1984, cc. 232-236. 355 Bill No. 89 of 1984; Introduced as the Constitution (Fifty-second Amendment) Bill in Lok Sabha by the Minister of Home Affairs, Shri P.V. Narasimha Rao on 22 August 1984; Debated, Lok Sabha: 23 August, 1984; Rajya Sabha: 25 August 1984; President’s Assent: 11 September 1984; Date of Gazette Notification: 11 September 1984; Date of Commencement: 11 September 1984. CONSTITUTION AMENDMENT IN INDIA 209 Part III of the Constitution shall in their application to the members of the Armed Forces or the Forces charged with the maintenance of public order, be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them. The Bill sought to amend article 33 to bring within its ambit: (i) persons employed in any bureau or other organisation established by the State for purposes of intelligence or counter intelligence and (ii) persons employed in, or, in connection with, the telecommunication systems set up for the purposes of any Force, bureau or organization, as experience has revealed that the need for ensuring proper discharge of their duties and the maintenance of discipline among them is of paramount importance in the national interest. Legislative History The Constitution (Fiftieth Amendment) Act, 1984, when introduced in the Lok Sabha on 22 August 1984, was titled as the Constitution (Fifty-second Amendment) Bill, 1984356. The Bill sought to substitute a new article for the existing article 33 of the Constitution. The Bill was considered by the Lok Sabha on 23 August 1984 and, as amended, passed on the same day357. The Bill, as passed by the Lok Sabha, was considered and passed by the Rajya Sabha on 25 August 1984358. During consideration of the Bill, in clause 2 an amendment moved by the Minister of Home Affairs, Shri P.V. Narasimha Rao in the Lok Sabha was accepted. The amendment was moved with a view to omit sub-clause (c) and make consequential changes in sub-clause (d) and (e) of the article sought to be substituted for the existing article 33 of the Constitution. The clause, as amended, was adopted by the Lok Sabha and the Rajya Sabha on 23 and 25 August 1984, respectively359. 356 L.S. Deb., 22 August 1984, c. 363. 357 Ibid., 23 August 1984, cc. 608-619. 358 R.S. Deb., 25 August 1984, cc. 306-310. 359 L.S. Deb., 23 August 1984, cc. 596-607; R.S. Deb., 25 August 1984, cc. 297-301. 210 CONSTITUTION AMENDMENT IN INDIA Clause 1 of the Bill was adopted by the Lok Sabha and the Rajya Sabha on 23 and 25 August 1984 respectively360, with a formal amendment changing the short title to “The Constitution (Fiftieth Amendment) Act, 1984”. Important Provisions of the Act New article substituted for article 33 of the Constitution has provided that Parliament may, by law, determine to what extent any of the rights conferred by Part III of the Constitution shall, in their application to the members of the Armed Forces or the Forces charged with the maintenance of public order or persons employed in any bureau or other organisation established by the State for purposes of intelligence or counter intelligence or persons employed, in or in connection with the telecommunication systems set up for the purposes of any Force, bureau or organisation referred to above, be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them. (Section 2) LI THE CONSTITUTION (FIFTY-FIRST AMENDMENT) ACT, 1984361 Objects and Reasons of the Bill The Meghalaya Legislative Assembly passed a resolution on 31 March 1980 urging the Government of India to provide for reservation of seats for Scheduled Tribes in the State Legislative Assembly and also in the House of the People (Lok Sabha) on the pattern existing in other States. The State Government, therefore, 360 Ibid., c.
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