(SIXTEENTH AMENDMENT) ACT, 1963

 (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 uphold the sovereignty and integrity of India. 

2.The Bill seeks to achieve these objects

The 18th January, 1963.

                              THE CONSTITUTION (SIXTEENTH AMENDMENT) ACT, 1963                                    [5th October, 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."

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  discharge 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.

CONCLUSION-

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  discharge the duty upon