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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 9] NEW DELHI, FRIDAY, MARCH 1, 1968/PHALGUNA 11, 1889

Separate paging is given to this Part in order that it may be filed as

a separate compilation.

LOK SABHA

The following Bills were introduced in Lok Sabha on the 1st

March, 1968: —

BILL NO. 156 OF 1967

A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Eighteenth Year of the Re-

public of India as follows: —

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

1967.

2. Article 368 of the Constitution shall be numbered as clause (1), and after clause (1) so numbered, the following clause shall be added, namely: —

Amend- ment of article 368.

191

" (2) In the case of a Bill seeking to amend any of the provi- sions relating to fundamental rights contained in Part III of the Constitution:

(a) after the Bill has been passed by the Houses of Par-

liament in the manner specified in clause (1) and presented

to the President for his assent, the President shall, before

giving assent to the Bill, ascertain the views of the electorate

on the proposed amendment through a referendum which

shall take place during a period when the Houses of Parlia-

ment are adjourned other than the period in which the elec-

tions to the House of the People take place;

(b) If the electorate, through the said referendum, approves the proposed amendment, the President shall give assent to the Bill;

(c) Parliament shall, by law, make provision with res- pect to all matters relating to, or in connection with the re- ferendum and such a law shall also be amended in the manner specified in clause (1)",

STATEMENT OF OBJECTS AND REASONS

The Supreme Court of India is the ultimate tribunal, by law established, for interpreting the Constitution of India. In its latest judgment (in I.C. Golak Nath & others versus the State of Punjab etc.) it has ruled that Parliament is not competent in law to amend a Fundamental Right affirmed in and assured by the Constitution.

Since it Is not desirable that a special body, like a Constituent Assembly, be elected and summoned for the sole purpose of an amend- ment touching fundamental rights in the Constitution, the issue must of necessity be put to the people themselves who have given to them- selves the Constitution.

The constitutional device of a referendum prevails and works satisfactorily in certain other democratic countries and it is a device worthy of creation in this country.

Hence this Bill.

NEW DWMI; SRIRAJ MEGHRAJJI DHRANGADHRA The 26th October, 1967.

FINANCIAL MEMORANDUM

The provisions of clause 2 of the Bill, if "n*ct"d, would Involve expenditure. No exact idea is possible as to the amount of nan- recurring expenditure that may have to be incurred. Recurring ex- penditure of Rs. 2 crores once in five years would appear to be neces- sary.

B I LL N O. 3 OF 1968

A Bill further to amend the Constitution of tndia.

BE it enacted by Parliament in the Nineteenth Year of t ht Republic of India as follows: —

1. (1) This Ads may be called the Constitution (Amendment) Act, 1968.

Short "tl# and common* cement (2) It shall come into force at once.

2. In article 54 of the Constitution,—

Amend- ment at article SI (i) in clause (a), the word "and" shall be omitted;

(ii) In clause (b), the word "and" shall be added at the and;

(iii) after clause (b), the following clause shall be added, namely:—

" (c) the elected members of ihe Legislative Assemblies of the Union territories."

STATEMENT OF OBJECTS AND REASONS

At present, the President of India is elected by an electoral college consisting of tihe elected members of Parliament and of the Legislative Assemblies of the States. The members of the Legis- lative Assemblies of the Union territories, who are also elected by the people through adult franchise, are not entitled to participate in the election of the President. The elected members of the Assem- blies of the Union territories should have an inalienable right to vote in the election of the President.

The Bill proposes to amend the Constitution so as to achieve the above object.

NEW DELHI;

RABI RAY.

The 13tfi January, 1968.

BILL NO. 10 or 1968

A Bill further to amend the Constitution of fndia.

BE It enacted by Parliament in the Nineteenth Year of the

Republic of India as follows: —

1. This Act may be called the Constitution (Amendment) Act,

Short title.

1968.

2. In article 3 of the Constitution, In clause (a), the following

AmapH- meit of article 3.

shall be added at the end, namely: —

"or by raising the status of any Union territory."

STATEMENT OF OBJECTS AND REASONS

Clause (a) of article 3 provides for the formation of a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State but it does not provide for raising any Union territory to a State.

Union of India consists of States and Union territories. Some Union territories have grown In size as well as resources but they are not being given the status of States. At present, there is no pro- vision in the Constitution which empowers Parliament to raise such territories which have the potential and size to be raised to State- hood.

The Bill seeks to remove this difficulty.

NEW DELHI;

HEM RAJ.

The 25th January, 1968.

BILL NO. 12 OF 1968.

A Bill further to amend the Constitution of tndia.

BE it enacted by Parliament in the Nineteenth Year of the

.Republic of India as follows: —

1. (1) This Act may be called the Constitution (Amendment) Act,

1968.

Short title and com- mence- ment.

(2) It shall come into force at once.

Amend- ment pf article 2. In article 105 of the Constitution, in clause (3), the words "and, until so defined, shall be those of -the House of Commons of the Par- liament of the United Kingdom, and of its members and Committees, at the commencement of this Constitution" shall be omitted,

STATEMENT OF OBJECTS AND REASONS

The Bill proposes to amend clause (3) of article 105 of the Con- stitution. This clause circumscribes the sovereignty of the Indian Parliament in so far as it clearly provides that privileges and immu- nities of each House of Parliament and of the Members anti Com- mittees of each House shall be such as may from time to time be denned by Parliament by law and until so denned, shall be those of the House of Commons of the Parliament of the United Kingdom. This sort of subservience of Indian Parliament to the British Parlia- ment In matters of privileges is not in keeping with the spirit of the Constitution.

Hence, this Bill.

NEW DELHI; RABI RAY The 30th January, 1968.

S. L. SHAKDHER,

Secretary.

CORRIGENDA

In the Gazette of India Extraordinary, Part II—Section 2—

1. No. 47, dated the 20th November, 1967: —

Page 1151, line 8, for 'used or are intended to be used for the purpose of the unlawful' read 'such person, touching the origin of any dealings in any moneys, secu-

2. No. 49, dated the 27th November, 1967:^-

Page 1164, line 7, for 'Provided also' read 'Provided, further'.

3. No. 62, dated the 23rd December, 1967: —

Page 1365, line 39, after 'provided' insert 'for?.

PRINTED IN XNDIA BY THE GENERAL MANAGER, GOVERNMENT OK INDIA PRESS, NEW DELHI AND PUBLISHED BY THI! MANAGER OF PUBLICATION DELHT, 1 0 08