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Extraordinary Gazette of India · Government of India

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Published 08 October 1982

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E-0951-1982-0045-41434
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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 43] NEW DELHI, FRIDAY, OCTOBER 8, 1982/ASVINA 16, 1904

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

as a separate compilation.

RAJYA SABHA

The following Bills were introduced in the Rajya Sabha on the 8th

October, 1962: —

I

BILL NO. XXVI OF 1982 A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Thirty-third Year at the Republic

of India as follows:—

Short

title.

1. This Act may be called the Constitution (Amendment) Act, 1982.

2. In article 19 of the Constitution, in clause (1), after sub-clause

Amend-

ment of

article 18.

(g) the following sub-clause shall be inserted, namely:—

"(h) to freedom of the Press."

(1)

3. THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

STATEMENT OF OBJECTS AND REASONS

The Press has been a very forceful instrument for the preservation and enlargement of human freedom. It has been very effective for social transformation too. Thus, not without reason it has been accorded the status of the fourth estate.

In the Constitution of India the freedom of the Press has been Implicit in the freedom of speech and expression. Time has come when its identity be made explicit by specifically expressing freedom of the Press as one of the fundamental rights. This is what the ideal of social- ism also demands.

Hence the Bill.

SHIVA CHANDRA JHA.

Sic, 2] THE GAZETTE OF INDIA EXTRAORDINARY 3

II

BILL NO. XIII OF 1982

A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Thirty-third year of the Republc of India as follows: —

1. This Act may be called the Constitution (Amendment) Act, 1988,

Short title.

2. In article 356 of the Constitution in clause CO,—

(i) in sub-clause (b) after the word "Parliament" the following

Amend- ment of article 356.

shall be inserted, namely: —

"without dissolving but only keeping under suspended ani- mation the Assembly for the purpose of any election to th" Council of States".

(ii) after sub-claase (c) the following new sub-clause shall be inserted, namely: —

"(d) the Governor shall call upon the Leader of Opposition or Leader of the Combined groups or individual members in the Opposition or the Leader of the single largest party in the Opposition claiming a majority, to form an alternative Govern- ment, subsequent to the fall of Government due to the resigna- tion of the Chief Minister, or loss of majority in the House, or defeat of the Government due to vote of no confidence against the Government."

* THE GAZETTE OF INDIA EXTRAORDINARY [PAHT II—SEC. 2]

STATEMENT OF OBJECTS AND REASONS

It is necessary to change the provisions of article 356 of the Consti- tution in order to: —

(i) avoid instability and floor crossing in the State Legislative

Assemblies which has eroded the democratic norms;

(ii) leave the electoral process for elections to the Council of

States unaffected and undisturbed;

(iii) avoid frequent dissolutions of the Assemblies and public unrest;

(iv) do away the anomalies in article 356; and (v) avoid its abuse.

Hence this Bill.

HAREKRUSHNA MALLICK.

SUDARSHAN AGARWAL,

Secretary-General.

BBIMTflD XY TBU GENERAL MANAGED, GOVERNMENT OF INDIA PRESS, MINTO ROAD,

VBfT D B UI AMD PUBLISKK) BY TfflC CONTROLLER OF PUBLICATIONS, DKLHI, 1 9 82

Cite this issue. Extraordinary Gazette of India, Government of India, 08 October 1982. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.csl_extraordinary.1982-10-08.E-0951-1982-0045-41434/. Archive identifier in.gazette.csl_extraordinary.1982-10-08.E-0951-1982-0045-41434.