REGISTERED No. D-(D)-72
The Gazette of India
EXTRAORDINARY
PART II—Section 2
PUBLISHED BY AUTHORITY
No 8] NEW DELHI, THURSDAY, APRIL 7, 1977/CHAITRA 17, 1899
Separate paging is given to this Part in order that it may be filed as a separate compilation
LOK SABHA
The following Bill was introduced in Lok Sabha on 7th April, 1977 —
BILL NO 20 OF 1977
A Bill further to amend the Constitution of India.
BE it enacted by Parliament in the Twenty-eighth Year of the Republic of India as follows:—
1. This Act may be called the Constitution (Forty-third Amend-
Short title.
ment) Act, 1977.
2. Article 31D of the Constitution shall be omitted.
Omission of arti- cle 31 D. 3. (1) In article 83 of the Constitution, in clause (2), for the words "six years" in the two places where they occur, the words "five years," shall be substituted.
Amend-
ment of
article
83.
(2) The amendments made by sub-section (1) to clause (2) of article 83 shall apply also to the House of the People in existence on the date of coming into force of this section without prejudice to the power of Parliament with respect to the extension of the duration of that House under the proviso to that clause.
4. (1) In article 172 of the Constitution, in clause (1), for the words "six years" in the two places where they occur, the words "five years" shall be substituted
Amend-
ment of
article
172.
(2) The amendments made by sub-section (1) to clause (1) of article 172—
(a) shall apply to the existing Legislative Assemblies of the States of Gujarat, Kerala, Orissa, Uttar Pradesh, Manipur and Sikkim
(113)
114 THE GAZETTE OF IKDIA EXTRAOEDJNARY [PART II—without prejudice to the power of Parliament with respect to the extension of the duration of any such Assembly under the proviso to the said clause (1);
(b) shall not apply to the existing Legislative Assemblies of other States but every such Legislative Assembly shall, unless sooner dissolved, stand dissolved on the expiry of three months from the date of coming into force of this section.
Explanation.—In this sub-section, "existing Legislative Assembly" in relation to any State means the Legislative Assembly, if any, of that State in existence on the date of coming into force of this section.
Amend- ment of article 329.
5. In article 329 of the Constitution, for the words, figures and letter "Notwithstanding anything in this Constitution but subject to the pro- visions of article 329A—", the words "Notwithstanding anything in this Constitution—" shall be substituted and shall be deemed to have been substituted with effect from the 10th day of August, 1975.
<5. (1) Article 329A of the Constitution shall be omitted and shall be deemed to have been omitted with effect from the 10th day of August, 1975.
Omission of arti- cle 329A and savins.
(2) Any petition calling in question an election referred to in article 329A aforesaid which is pending immediately before the date on which this Act receives the assent of the President shall abate but an election petition referred to in clause (b) of article 329 of the Constitution for calling in question such election may be presented under any such law as is referred to in that clause within forty-five days of the said date.
Amend- ment of article 371F.
7. In article 371F of the Constitution, in clause (c), for the words "six years", the words "five years" shall be substituted and for the words "five years" in the two places where they occur, the words '"four years" shall be substituted.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 115STATEMENT OF OBJECTS AND REASONS
By section 5 of the Constitution (Forty-second Amendment) Act, 1976, article 31D was introduced in the Constitution Article 31D pro- vides that no law providing for the prevention or prohibition of anti- national activities or the (prevention of formation of, or the prohibition of, anti-national associations, shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights con- ferred by article 14, article 19 or article 31 of the Constitution. The powers of Parliament under article 3 ID of the Constitution to make laws for dealing with anti-national activities and anti-national associations are of a sweeping nature. There was severe criticism against this measure at the time of promotion of this measure in Parliament. One of the objections was that the existing laws were adequate to deal with unlawful activities and that even if they were not, such laws could be amended but there was no necessity to amend the Constitution, It was also pointed out that the provisions were so widely worded that even a bema fide agitation could be characterized as anti-national activity. Lastly, in so far as the said article covers matters which otherwise would fall withm the State List, the article involves an undue encroachment into the State field. For all the reasons aforesaid it is proposed to omit the said article.
2 The Constitution (Forty-second Amendment) Act amended inter rilin nrfcV
3 By the Constitution (Thirty-ninth Amendment) Act. 1975, a new article was introduced in the Constitution namelv, article 329A. making special provision as to elections to Parliament m the c*se of Prime Minister and Speaker Article 329 of the Constitution provides that no election to either House of Parliament or to the House or either House of the Legislature of a State shall be called in question except by an election petition presented to such authority and in such manner as may be pro- vided for bv or under any law made by the appropriate Legislature. It is considered that this general provision should also be applicable in the
I!6 THE GAZETTE OF INDIA EXTRAORDINARY [PABT II—SEC. 2]case of Prime Minister and Speaker and there is no need to provide for a special authority or machinery in the case of the Prime Minister and the Speaker. It is therefore proposed to delete article 329A.
4. The Bill seeks to achieve the ahove objects.
SHANTI BHUSHAN.
NEW DELHI;
The 5th April, 1977
S. L SHAKDHER,