News Update

Aadhaar & GST glitches should trigger IT Infrastructure Protection ReviewCrypto row gains new ‘currency’; CBDT finds it cryptic; Notices issued to investorsSilvassa tops List of winner Smart CitiesMinister launches Cyber Surakshit Bharat to strengthen CybersecurityIndia welcomes IMF-WB Report on improving banking supervision by RBI100 accessible websites of various State Govts launchedJaitley launches National CSR Data Portal & Corporate Data PortalGovt appoints Amardeep Singh Bhatia as Director of Serious Fraud Office till March, 2020Turmoil in AAP - Election Commission favours disqualification of 20 MLAs for holding office of profitMauritius continues to be key source of FDI in India; followed by USA & UK: RBII-T - Discretionary waiver of interest charged u/s 234A to 234C by Settlement Commission, will not negate corresponding right for refund of interest to assessee: SCIntl Customs Day: 20 persons, including 17 officers, to get WCO Certificate of MeritGST - Coffee beans processing units in trouble; seek exemptionGST Council also approves several amendments in CGST RulesGST Council grants mega relief to healthcare services & clarifies rates for many ServicesI-T - Finance cost incurred on overdraft obtained from bank, which is advanced to sister concern for no business purpose, is not allowable business loss: ITATCX - If insurance cover in respect of which credit has been claimed is exclusively in respect of injuries or damages to factory employee, then credit would be admissible: CESTATSteering clear of Anti - Profiteering chargesIssues affecting Credit Card Industry – Budget 2018 should provide solutionsGovt amends Passport Rules to substitute certain documents to be attached under Tatkal & non-Tatkal schemesGST Council extends last date for migrated taxpayers to surrender registration upto March 31, 2018 + reduces penalty for late filing of GSTRs + decides to amend e-Way Bill rulesGST Council shifts focus on anti-evasion measures; Tax rates reduced on 29 goods & 53 Services17 lakh Composition taxpayers paid only about Rs 307 Crore; Council expresses disappointmentLegislative changes - Council receives demand to introduce Sec 9(4) only for Composition taxpayers
Untitled Document

THE CONSTITUTION (SIXTEENTH AMENDMENT) ACT, 1963

Statement of Objects and Reasons appended to the Constitution (Sixteenth Amendment) Bill, 1963 which was enacted as the Constitution (Sixteenth Amendment) Act, 1963

STATEMENT OF OBJECTS AND REASONS

The Committee on National Integration and Regionalism appointed by the National Integration Council recommended that article 19 of the Constitution be so amended that adequate powers become available for the preservation and maintenance of the integrity, and sovereignty of the Union. The Committee were further of the view that every candidate for the membership of a State Legislature or Parliament, and every aspirant to, and incumbent of, public office should pledge himself to uphold the Constitution and to preserve the integrity and soverignity of the Union and that forms of oath in the Third Schedule to the Constitution should be suitably amended for the purpose. It is proposed to give effect to these recommendations by amending clauses (2), (3) and (4) of article 19 for enabling the State to make any law imposing reasonable restrictions on the exercise of the rights conferred by sub-clauses (a), (b) and (c) of clause (1) of that article in the interests of the sovereignty and integrity of India. It is also proposed to amend articles 84 and 173 and forms of oath in the Third Schedule to the Constitution so as to provide that every candidate for the memebership of Parliament or State Legislature, Union and State Ministers, Members of Parliament and State Legislatures, Judges of the Supreme Court and High Courts and the Comptroller and Auditor-General of India should take an oath to upholdthe sovereignty and integrity of India.

2.The Bill seeks to achieve these objects.

(A K Sen)

Dated: January 18, 1963

THE CONSTITUTION (SIXTEENTH AMENDMENT) ACT, 1963

Dated: October 05, 1963

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Fourteenth year of the Republic of India as follows:-

1. Short title.-

This Act may be called the Constitution (Sixteenth Amendment) Act, 1963.

2. Amendment of article 19.-

In article 19 of the Constitution,-

(a) in clause (2), after the words "in the interests of", the words "the sovereignty and integrity of India," shall be inserted;

(b) in clauses (3) and (4), after the words "in the interests of", the words "the sovereignty and integrity of India or" shall be inserted.

3. Amendment of article 84.-

In article 84 of the Constitution, for clause (a), the following clause shall be substituted, namely:-

"(a) is a citizen of India, and makes and subscribes before some person authorized in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule;".

4. Amendment of article 173.-

In article 173 of the Constitution, for clause (a), the following clause shall be substituted, namely:-

"(a) is a citizen of India, and makes and subscribes before some person authorized in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule;".

5. Amendment of Third Schedule.-

In the Third Schedule to the Constitution,-

(a) In Form I, after the words "Constitution of India as by law established.", the words "that I will uphold the sovereignty and integrity of India," shall be inserted;

(b) for Form III, the following shall be substituted, namely:---

`III A

Form of oath or affirmation to be made by a candidate for election to Parliament:--

"I, A.B., having been nominated as a candidate to fill a seat in the Council of States (or the House of the People) do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will uphold the sovereignty and integrity of India.".

B

Form of oath or affirmation to be made by a member of Parliament:-

"I, A.B., having been elected (or nominated) a member of the Council of States (or the House of the People) do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India and that I will faithfully dis- charge the duty upon which I am about to enter." ';

(c) in Forms IV, V and VIII, after the words "the Constitution of India as by law established,", the words "that I will uphold the sovereignty and integrity of India," shall be inserted;

(d) for Form VII, the following shall be substituted, namely:-

`VII A

Form of oath or affirmation to be made by a candidate for election to the Legislature of a State:-

"I, A.B., having been nominated as a candidate to fill a seat in the Legislative Assembly (or Legislative Council), do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will uphold the sovereignty and integrity of India.".

B

Form of oath or affirmation to be made by a member of the Legislature of a State:-

"I, A.B., having been elected (or nominated) a member of the Legislative Assembly (or Legislative Council), do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India and that I will faithfully dis- charge the duty upon which I am about to enter." '.