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{{Short description|Law incorporating Goa, Daman and Diu into India}}{{Use Indian English|date=November 2013}}
{{Use dmy dates|date=November 2013}}
{{Infobox legislation
|short_title = The Constitution (Twelfth Amendment) Act, 1962
|legislature = [[Parliament of India]]
|image =
|imagesize = 150px
|imagealt =
|caption =
|long_title = An Act further to amend the Constitution of India.
|citation = [http://indiacode.nic.in/coiweb/amend/amend12.htm 12th Amendment]
|territorial_extent = [[India]]
|enacted_by = [[Lok Sabha]]
|date_passed = 14 March 1962
|enacted_by2 = [[Rajya Sabha]]
|date_passed2 = 20 March 1962
|date_assented = 27 March 1962
|date_commenced = 20 December 1961
|administered_by =
|bill = Constitution (Twelfth Amendment) Bill, 1962
|bill_citation =
|bill_date = 12 March 1962
|introduced_by = [[Jawaharlal Nehru]]
|1st_reading =
|2nd_reading =
|3rd_reading =
|bill2 =
|bill_citation2 =
|bill_date2 =
|introduced_by2 =
|1st_reading2 =
|2nd_reading2 =
|3rd_reading2 =
|related_legislation =
|summary = Incorporated [[Goa]], [[Daman and Diu]] as the eighth [[Union territory]] of India
|keywords =
|status = amended
}}

The '''Twelfth Amendment''' of the [[Constitution of India]], officially known as '''The Constitution (Twelfth Amendment) Act, 1962''', incorporated [[Goa]], [[Daman and Diu]] as the eighth [[Union territory]] of [[India]], by amending the First Schedule to the Constitution. India [[1961 Indian annexation of Goa|acquired control of Goa]], Daman and Diu from [[Estado Novo (Portugal)|Portugal]] in December 1961. The amendment also amended clause (1) of article 240 of the Constitution to include therein these territories in order to enable the President to "make regulations for the peace, progress and good government of the territory".

The 12th Amendment retroactively came into effect on 20 December 1961, the day following the formal ceremony of official [[1961 Indian annexation of Goa#Portuguese surrender|Portuguese surrender]], when Governor General [[Manuel António Vassalo e Silva]] signed the instrument of surrender bringing to an end 451 years of [[Portuguese India|Portuguese rule in Goa]]. On 30 May 1987, the union territory was split, and Goa was made India's twenty-fifth state, with Daman and Diu remaining a union territory.

==Text==
{{quote|BE it enacted by Parliament in the Thirteenth Year of the Republic of India as follows:—
'''1. ''Short title and commencement''''' '''(1)''' This Act may be called the Constitution (Twelfth Amendment) Act, 1962.
::::::::::'''(2)''' It shall be deemed to have come into force on the 20th day of December, 1961

'''2. ''Amendment of the First Schedule''''' In the First Schedule to the Constitution, under the heading "THE UNION TERRITORIES", after entry 7, the following entry shall be inserted, namely:—
:“8. Goa, Daman and Diu. The territories which immediately before the twentieth day of December, 1961 were comprised in Goa, Daman and Diu".

'''3. ''Amendment of article 240''''' In article 240 of the Constitution, in clause (1), after entry (c), the following entry shall be inserted, namely:—
:"(d) Goa, Daman and Diu".<ref>{{cite web|title=Texts of the Constitution Amendment Acts|url=http://164.100.47.134/intranet/CAI/A.pdf|work=Lok Sabha Secretariat|accessdate=1 December 2013|pages=417–418|url-status=dead|archiveurl=https://web.archive.org/web/20131203013036/http://164.100.47.134/intranet/CAI/A.pdf|archivedate=3 December 2013|df=dmy-all}} {{PD-notice}}</ref><ref>{{cite web|url=http://indiacode.nic.in/coiweb/amend/amend12.htm |title=The Constitution (Twelfth Amendment) Bill, 1962|accessdate=1 December 2013}} {{PD-notice}}</ref>}}

==Proposal and enactment==
{{For|background|1961 Indian annexation of Goa}}
The ''Constitution (Twelfth Amendment) Bill, 1962'' (Bill No. 3 of 1962) was introduced in the [[Lok Sabha]] on 12 March 1962. It was introduced by then Prime Minister [[Jawaharlal Nehru]], and sought to amend article 240 and the First Schedule to the Constitution.<ref name = "Constitution Amendment in India">{{cite book|title=Constitution Amendment in India|date=1 January 1995|publisher=Northern Book Centre|location=New Delhi|pages=29–30;171;294|url=https://books.google.com/books?id=4yp0yhzdKWIC|edition=Sixth|editor=R.C. Bhardwaj|accessdate=1 December 2013|isbn=9788172110659}}</ref> The full text of the Statement of Objects and Reasons appended to the bill is given below: The full text of the Statement of Objects and Reasons appended to the bill is given below:

{{quote|On the acquisition of the territories of Goa, Daman and Diu with effect from the 20th December, 1961, these territories have, by virtue of sub-clause (c) of clause (3) of article 1 of the Constitution, been comprised within the territory of India from that date and they are being administered as a Union territory by the President through an Administrator in accordance with article 239 of the Constitution. It is, however, considered desirable that Goa, Daman and Diu should be specifically included as a Union territory in the First Schedule to the Constitution. It is also considered that clause (1) of article 240 should be suitably amended to confer power on the President to make regulations for the peace, progress and good government of Goa, Daman and Diu, as has been done in the case of [[Dadra and Nagar Haveli]].

The Constitution (Twelfth Amendment) Bill, 1962 seeks to make the above mentioned provisions.
|Jawaharlal Nehru|{{cite web|url=http://indiacode.nic.in/coiweb/amend/amend12.htm |title=The Constitution (Twelfth Amendment) Bill, 1962}} {{PD-notice}}
}}
{{Indian Constitution TOC}}
The bill was debated and passed in the original form by the Lok Sabha on 14 March 1962. It was considered and passed by the [[Rajya Sabha]] on 20 March 1962. The bill received assent from then President [[Rajendra Prasad]] on 27 March 1962, and was notified in ''[[The Gazette of India]]'' on 28 March 1962. It retroactively came into force from 20 December 1961.<ref name = "Constitution Amendment in India"/><ref>{{cite web|url=http://www.constitution.org/cons/india/amendment.htm |title=The Constitution (Amendment) Acts |publisher=Constitution.org |accessdate=2013-12-01}} {{PD-notice}}</ref>

==See also==
*[[Tenth Amendment of the Constitution of India|10th Amendment]]
*[[List of amendments of the Constitution of India]]

==References==
{{reflist}}

[[Category:Amendments of the Constitution of India|12]]
[[Category:1962 in India]]
[[Category:1962 in law]]
[[Category:Nehru administration]]
[[Category:Daman and Diu]]
[[Category:Government of Goa]]

Twelfth Amendment of the Constitution of India - Revision history

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