Tenth Amendment of the Constitution of India: Difference between revisions

What links here Related changes Page information Get shortened URL
Created by Newyorkbrad
Last edited March 13, 2025
← Older edit
VisualWikitext
UpdateBot (talk | contribs)
Bots
22,126 edits
m robot: Update article (please report if you notice any mistake or error in this edit)
m quick corrected intro for clarity and improved wording
 
Line 1: Line 1:
{{Short description|Incorporated Dadra and Nagar Haveli}}
{{Short description|Incorporation of Dadra and Nagar Haveli}}
{{Use Indian English|date=November 2013}}
{{Use Indian English|date=November 2013}}
{{Use dmy dates|date=November 2013}}
{{Use dmy dates|date=March 2025}}
{{Infobox legislation
{{Infobox legislation
|short_title        = The Constitution (Tenth Amendment) Act, 1961
|short_title        = The Constitution (Tenth Amendment) Act, 1961
Line 11: Line 11:
|long_title          = An Act further to amend the Constitution of India.
|long_title          = An Act further to amend the Constitution of India.
|citation            = [http://indiacode.nic.in/coiweb/amend/amend10.htm 10th Amendment]
|citation            = [http://indiacode.nic.in/coiweb/amend/amend10.htm 10th Amendment]
|territorial_extent  = [[India]]
|territorial_extent  = India
|enacted_by          = [[Lok Sabha]]
|enacted_by          = [[Lok Sabha]]
|date_passed        = 14 August 1961
|date_passed        = 14 August 1961
Line 39: Line 39:
}}
}}


The '''Tenth Amendment''' of the [[Constitution of India]], officially known as '''The Constitution (Tenth Amendment) Act, 1961''', incorporated [[Dadra and Nagar Haveli]] as the seventh [[Union territory]] of [[India]], by amending the First Schedule to the Constitution. It also amended clause (1) of article 240 of the Constitution to include therein the Union territory of Dadra and Nagar Haveli in order to enable the President to "make regulations for the peace, progress and good government of the territory". The 10th Amendment retroactively came into effect on 11 August 1961.
The '''Tenth Amendment''' of the [[Constitution of India]], officially known as '''The Constitution (Tenth Amendment) Act, 1961''', incorporated [[Dadra and Nagar Haveli]] as the seventh [[Union territory]] of India, by amending the First Schedule to the Constitution. It also amended clause (1) of article 240 of the Constitution to include therein the Union territory of Dadra and Nagar Haveli in order to enable the President to "make regulations for the peace, progress and good government of the territory". The 10th Amendment retroactively came into effect on 11 August 1961.


[[1961 Indian annexation of Goa|Indian forces took control of Goa, Daman and Diu]] in 1961, and KG Badlani, an officer of the [[Indian Administrative Service]] (IAS) was designated Prime Minister of [[Free Dadra and Nagar Haveli]] for one day, so that, as head of state, he could sign an agreement with Prime Minister Jawaharlal Nehru to merge Dadra and Nagar Haveli formally with the Republic of India. On 31 December 1974, a treaty was signed between India and Portugal recognising India's sovereignty over [[Goa]], Daman, Diu, Dadra and Nagar Haveli.<ref>[http://www.commonlii.org/in/other/treaties/INTSer/1974/53.html TREATY BETWEEN THE GOVERNMENT OF INDIA AND THE GOVERNMENT OF THE REPUBLIC OF PORTUGAL ON RECOGNITION OF INDIA'S SOVEREIGNTY OVER GOA, DAMAN, DIU, DADRA AND NAGAR HAVELI AND RELATED MATTERS 1974]</ref>
[[Annexation of Goa|Indian forces took control of Goa, Daman and Diu]] in 1961, and KG Badlani, an officer of the [[Indian Administrative Service]] (IAS) was designated Prime Minister of [[Free Dadra and Nagar Haveli]] for one day, so that, as head of state, he could sign an agreement with Prime Minister Jawaharlal Nehru to merge Dadra and Nagar Haveli formally with the Republic of India. On 31 December 1974, a treaty was signed between India and Portugal recognising India's sovereignty over [[Goa]], Daman, Diu, Dadra and Nagar Haveli.<ref>[http://www.commonlii.org/in/other/treaties/INTSer/1974/53.html Treaty Between The Government Of India And The Government Of The Republic Of Portugal On Recognition Of India'S Sovereignty Over Goa, Daman, Diu, Dadra And Nagar Haveli And Related Matters 1974]</ref>


==Text==
==Text==
{{quote|BE it enacted by Parliament in the Thirteenth Year of the Republic of India as follows:—
{{blockquote|BE it enacted by Parliament in the Thirteenth Year of the Republic of India as follows:—
'''1. ''Short title and commencement''''' '''1.''' '''(1)''' This Act may be called the Constitution (Tenth Amendment) Act, 1961.
'''1. ''Short title and commencement''''' '''1.''' '''(1)''' This Act may be called the Constitution (Tenth Amendment) Act, 1961.
:::::::::::'''(2)''' It shall be deemed to have come into force on the 11th day of August, 1961.
:::::::::::'''(2)''' It shall be deemed to have come into force on the 11th day of August, 1961.
Line 52: Line 52:


'''3. ''Amendment of article 240''''' In article 240 of the Constitution, in clause (1), after entry (b), the following entry shall be inserted, namely:—  
'''3. ''Amendment of article 240''''' In article 240 of the Constitution, in clause (1), after entry (b), the following entry shall be inserted, namely:—  
:"(c) Dadra and Nagar Haveli".<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|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/amend10.htm |title=The Constitution (Tenth Amendment) Bill, 1961|accessdate=1 December 2013}} {{PD-notice}}</ref>}}
:"(c) Dadra and Nagar Haveli".<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|url-status=dead|archiveurl=https://web.archive.org/web/20131203013036/http://164.100.47.134/intranet/CAI/A.pdf|archivedate=3 December 2013}} {{PD-notice}}</ref><ref>{{cite web|url=http://indiacode.nic.in/coiweb/amend/amend10.htm |title=The Constitution (Tenth Amendment) Bill, 1961|accessdate=1 December 2013}} {{PD-notice}}</ref>}}


==Background==
==Background==
{{Main|Indian annexation of Dadra and Nagar Haveli}}
{{Main|Indian annexation of Dadra and Nagar Haveli}}
The [[Portuguese Empire|Portuguese]] occupied [[Nagar Haveli]] on 10 June 1783 on the basis of Friendship Treaty executed on 17 December 1779 as compensation towards damage to the Portuguese frigate by the [[Maratha Empire|Maratha]] Navy.<ref>{{cite journal |last=NAIR|first=RAJESHWARY|title=STUDY OF ETHNOBOTANICAL PLANTS OF DADRA AND NAGAR HAVELI AND THEIR SIGNIFICANCE TO THE TRIBES|journal=Life Sciences Leaflets|date=1 October 2011|pages=7 |issn=0976-1098 |url=http://api.ning.com/files/L*EC3kOB8rEqeDrTd-zaT3pnMEknAzeJwJoj61eEXX7WuoM2BcxLQoDxNf-lOY8ZEqP7DyPt7CGtyD1vdEB9gqFCmjHwO6MT/872.STUDYOFETHNOBOTANICALPLANTSOFDADRAANDNAGARHAVELIANDTHEIRSIGNIFICANCETOTHETRIBESByRAJESHWARYNAIR.pdf |accessdate=25 February 2012}}</ref> In 1785, the Portuguese purchased [[Dadra, Dadra and Nagar Haveli and Daman and Diu|Dadra]]. It was administered by the Portuguese Governor of [[Daman District, India|Daman]] until 1954.
The [[Portuguese Empire|Portuguese]] occupied [[Nagar Haveli]] on 10 June 1783 on the basis of Friendship Treaty executed on 17 December 1779 as compensation towards damage to the Portuguese frigate by the [[Maratha Empire|Maratha]] Navy.<ref>{{cite journal |last=NAIR|first=RAJESHWARY|title=Study Of Ethnobotanical Plants Of Dadra And Nagar Haveli And Their Significance To The Tribes|journal=Life Sciences Leaflets|date=1 October 2011|pages=7 |issn=0976-1098 |url=http://api.ning.com/files/L*EC3kOB8rEqeDrTd-zaT3pnMEknAzeJwJoj61eEXX7WuoM2BcxLQoDxNf-lOY8ZEqP7DyPt7CGtyD1vdEB9gqFCmjHwO6MT/872.STUDYOFETHNOBOTANICALPLANTSOFDADRAANDNAGARHAVELIANDTHEIRSIGNIFICANCETOTHETRIBESByRAJESHWARYNAIR.pdf |accessdate=25 February 2012}}</ref> In 1785, the Portuguese purchased [[Dadra, Dadra and Nagar Haveli and Daman and Diu|Dadra]]. It was administered by the Portuguese Governor of [[Daman District, India|Daman]] until 1954.


After India attained independence in 1947, the residents of Dadra and Nagar Haveli, with the help of volunteers of organisations like the United Front of Goans (UFG), the [[Rashtriya Swayamsevak Sangh]] (RSS), the National Movement Liberation Organisation (NMLO), and the Azad Gomantak Dal, dislodged Portuguese rule in the territories in 1954.<ref name =lele>P S Lele, ''Dadra and Nagar Haveli: past and present'', published by Usha P. Lele, 1987,</ref> Although it enjoyed ''de facto'' independence, Dadra and Nagar Haveli were still recognised internationally (e.g., by the [[International Court of Justice]]) as Portuguese possessions.<ref>{{cite journal |title=Case cing Right of Passage over Indian Territory (Merits), Judgement of 12 April 1960 |journal=International Court of Justice Reports 1960 |page=6 |url=http://www.icj-cij.org/docket/files/32/4521.pdf |accessdate=2011-04-01 |url-status=dead |archiveurl=https://web.archive.org/web/20111220044651/http://www.icj-cij.org/docket/files/32/4521.pdf |archivedate=20 December 2011 |df=dmy-all }}</ref> The residents of the former colony requested the [[Government of India]] for administrative help. KG Badlani, an officer of the [[Indian Administrative Service]] was sent as the administrator. From 1954 to 1961, the territory was administered by a body called the Varishta Panchayat of Free Dadra and Nagar Haveli.
After India attained independence in 1947, the residents of Dadra and Nagar Haveli, with the help of volunteers of organisations like the United Front of Goans (UFG), the [[Rashtriya Swayamsevak Sangh]] (RSS), the National Movement Liberation Organisation (NMLO), and the [[Azad Gomantak Dal]], dislodged Portuguese rule in the territories in 1954.<ref name =lele>P S Lele, ''Dadra and Nagar Haveli: past and present'', published by Usha P. Lele, 1987,</ref> Although it enjoyed ''de facto'' independence, Dadra and Nagar Haveli were still recognised internationally (e.g., by the [[International Court of Justice]]) as Portuguese possessions.<ref>{{cite journal |title=Case cing Right of Passage over Indian Territory (Merits), Judgement of 12 April 1960 |journal=International Court of Justice Reports 1960 |page=6 |url=http://www.icj-cij.org/docket/files/32/4521.pdf |accessdate=2011-04-01 |url-status=dead |archiveurl=https://web.archive.org/web/20111220044651/http://www.icj-cij.org/docket/files/32/4521.pdf |archivedate=20 December 2011 }}</ref> The residents of the former colony requested the [[Government of India]] for administrative help. KG Badlani, an officer of the [[Indian Administrative Service]] was sent as the administrator. From 1954 to 1961, the territory was administered by a body called the Varishta Panchayat of Free Dadra and Nagar Haveli.


In 1961, when Indian forces took over Goa, Daman and Diu, Badlani was designated Prime Minister of Dadra and Nagar Haveli for one day, so that, as head of state, he could sign an agreement with Prime Minister [[Jawaharlal Nehru]] to merge Dadra and Nagar Haveli formally with the Republic of India.
In 1961, when Indian forces took over Goa, Daman and Diu, Badlani was designated Prime Minister of Dadra and Nagar Haveli for one day, so that, as head of state, he could sign an agreement with Prime Minister [[Jawaharlal Nehru]] to merge Dadra and Nagar Haveli formally with the Republic of India.
Line 86: Line 86:
[[Category:Amendments of the Constitution of India|10]]
[[Category:Amendments of the Constitution of India|10]]
[[Category:Dadra and Nagar Haveli]]
[[Category:Dadra and Nagar Haveli]]
[[Category:1961 in India]]
[[Category:1961 in Indian law]]
[[Category:1961 in law]]
[[Category:Nehru administration]]
[[Category:Nehru administration]]
[[Category:History of Dadra and Nagar Haveli and Daman and Diu]]
[[Category:History of Dadra and Nagar Haveli and Daman and Diu]]

Latest revision as of 06:36, 13 March 2025


The Constitution (Tenth Amendment) Act, 1961
Parliament of India
Citation10th Amendment
Territorial extentIndia
Enacted byLok Sabha
Passed14 August 1961
Enacted byRajya Sabha
Passed16 August 1961
Assented to16 August 1961
Commenced11 August 1961
Legislative history
Bill introduced in the Lok SabhaConstitution (Tenth Amendment) Bill, 1961
Bill published on11 August 1961
Introduced byLaxmi Menon
Summary
Incorporated Dadra and Nagar Haveli as the seventh Union territory of India
Status: In force

The Tenth Amendment of the Constitution of India, officially known as The Constitution (Tenth Amendment) Act, 1961, incorporated Dadra and Nagar Haveli as the seventh Union territory of India, by amending the First Schedule to the Constitution. It also amended clause (1) of article 240 of the Constitution to include therein the Union territory of Dadra and Nagar Haveli in order to enable the President to "make regulations for the peace, progress and good government of the territory". The 10th Amendment retroactively came into effect on 11 August 1961.

Indian forces took control of Goa, Daman and Diu in 1961, and KG Badlani, an officer of the Indian Administrative Service (IAS) was designated Prime Minister of Free Dadra and Nagar Haveli for one day, so that, as head of state, he could sign an agreement with Prime Minister Jawaharlal Nehru to merge Dadra and Nagar Haveli formally with the Republic of India. On 31 December 1974, a treaty was signed between India and Portugal recognising India's sovereignty over Goa, Daman, Diu, Dadra and Nagar Haveli.[1]

Text[edit | edit source]

BE it enacted by Parliament in the Thirteenth Year of the Republic of India as follows:—

1. Short title and commencement 1. (1) This Act may be called the Constitution (Tenth Amendment) Act, 1961.

(2) It shall be deemed to have come into force on the 11th day of August, 1961.

2. Amendment of the First Schedule In the First Schedule to the Constitution, under the heading "THE UNION TERRITORIES", after entry 6, the following entry shall be inserted, namely:—

"7. Dadra and Nagar Haveli. The territory which immediately before the eleventh day of August 1961 was comprised in Free Dadra and Nagar Haveli".

3. Amendment of article 240 In article 240 of the Constitution, in clause (1), after entry (b), the following entry shall be inserted, namely:—

"(c) Dadra and Nagar Haveli".[2][3]

Background[edit | edit source]

Main article: Indian annexation of Dadra and Nagar Haveli

The Portuguese occupied Nagar Haveli on 10 June 1783 on the basis of Friendship Treaty executed on 17 December 1779 as compensation towards damage to the Portuguese frigate by the Maratha Navy.[4] In 1785, the Portuguese purchased Dadra. It was administered by the Portuguese Governor of Daman until 1954.

After India attained independence in 1947, the residents of Dadra and Nagar Haveli, with the help of volunteers of organisations like the United Front of Goans (UFG), the Rashtriya Swayamsevak Sangh (RSS), the National Movement Liberation Organisation (NMLO), and the Azad Gomantak Dal, dislodged Portuguese rule in the territories in 1954.[5] Although it enjoyed de facto independence, Dadra and Nagar Haveli were still recognised internationally (e.g., by the International Court of Justice) as Portuguese possessions.[6] The residents of the former colony requested the Government of India for administrative help. KG Badlani, an officer of the Indian Administrative Service was sent as the administrator. From 1954 to 1961, the territory was administered by a body called the Varishta Panchayat of Free Dadra and Nagar Haveli.

In 1961, when Indian forces took over Goa, Daman and Diu, Badlani was designated Prime Minister of Dadra and Nagar Haveli for one day, so that, as head of state, he could sign an agreement with Prime Minister Jawaharlal Nehru to merge Dadra and Nagar Haveli formally with the Republic of India.

Proposal and enactment[edit | edit source]

Part of a series on the
Constitution of India
Preamble
Parts
I ∙ II ∙ III ∙ IV ∙ IVA ∙ V ∙ VI ∙ VII
VIII ∙ IX ∙ IXA ∙ IXB ∙ X ∙ XI ∙ XII ∙ XIII ∙ XIV
XV ∙ XVI ∙ XVIA ∙ XVII ∙ XVIII ∙ XIX ∙ XX ∙ XXI
XXII
Schedules
First ∙ Second ∙ Third ∙ Fourth ∙ Fifth
Sixth ∙ Seventh ∙ Eighth ∙ Ninth
Tenth ∙ Eleventh ∙ Twelfth
Appendices
I ∙ II ∙ III ∙ IV ∙ V
Amendments
List ∙ 1 ∙ 2 ∙ 3 ∙ 4 ∙ 5 ∙ 6 ∙ 7 ∙ 8 ∙ 9 ∙ 10 ∙ 11 ∙ 12 ∙ 13 ∙ 14 ∙ 15 ∙ 16 ∙ 17 ∙ 18 ∙ 19 ∙ 20 ∙ 21 ∙ 22 ∙ 23 ∙ 24 ∙ 25 ∙ 26 ∙ 27 ∙ 28 ∙ 29 ∙ 30 ∙ 31 ∙ 32 ∙ 33 ∙ 34 ∙ 35 ∙ 36 ∙ 37 ∙ 38 ∙ 39 ∙ 40 ∙ 41 ∙ 42 ∙ 43 ∙ 44 ∙ 45 ∙ 46 ∙ 47 ∙ 48 ∙ 49 ∙ 50 ∙ 51 ∙ 52 ∙ 53 ∙ 54 ∙ 55 ∙ 56 ∙ 57 ∙ 58 ∙ 59 ∙ 60 ∙ 61 ∙ 62 ∙ 63 ∙ 64 ∙ 65 ∙ 66 ∙ 67 ∙ 68 ∙ 69 ∙ 70 ∙ 71 ∙ 72 ∙ 73 ∙ 74 ∙ 75 ∙ 76 ∙ 77 ∙ 78 ∙ 79 ∙ 80 ∙ 81 ∙ 82 ∙ 83 ∙ 84 ∙ 85 ∙ 86 ∙ 87 ∙ 88 ∙ 89 ∙ 90 ∙ 91 ∙ 92 ∙ 93 ∙ 94 ∙ 95 ∙ 96 ∙ 97 ∙ 98 ∙ 99 ∙ 100 ∙ 101 ∙ 102 ∙ 103 ∙ 104
Related topics

The Constitution (Tenth Amendment) Bill, 1961 (Bill No. 43 of 1961) was introduced in the Lok Sabha on 11 August 1961. It was introduced by Laxmi Menon, then Deputy Minister of External Affairs, and sought to amend article 240 and the First Schedule to the Constitution.[7] 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:

The people and the Varishta Panchayat of Free Dadra and Nagar Haveli have repeatedly affirmed their request to the Government of India for integration of their territories with the Union of India to which they rightly belong. Their request was recently embodied in a formal Resolution adopted by the Varishta Panchayat on the 12th June, 1961.

In deference to the desire and request of the people of Free Dadra and Nagar Haveli for integration of their territories with the Union of India, the Government of India have decided that these territories should form part of the Union of India.

It is proposed to specify these areas expressly as the Union territory of Dadra and Nagar Haveli by amending the First Schedule to the Constitution. It is further proposed to amend clause (1) of article 240 of the Constitution to include therein the Union territory of Dadra and Nagar Haveli in order to enable the President to make regulations for the peace, progress and good government of the territory. The Bill seeks to give effect to these proposals.

— Jawaharlal Nehru, "The Constitution (Tenth Amendment) Bill, 1961".

The bill was debated and passed in the original form by the Lok Sabha on 14 August 1961. It was considered and passed by the Rajya Sabha on 16 August 1961. The bill received assent from then President Rajendra Prasad on 16 August 1961, and was notified in The Gazette of India on 17 August 1961. It retroactively came into force from 11 August 1961.[7][8]

See also[edit | edit source]

References[edit | edit source]

  1. ↑ Treaty Between The Government Of India And The Government Of The Republic Of Portugal On Recognition Of India'S Sovereignty Over Goa, Daman, Diu, Dadra And Nagar Haveli And Related Matters 1974
  2. ↑ "Texts of the Constitution Amendment Acts" (PDF). Lok Sabha Secretariat. p. 417. Archived from the original (PDF) on 3 December 2013. Retrieved 1 December 2013. This article incorporates text from this source, which is in the public domain.
  3. ↑ "The Constitution (Tenth Amendment) Bill, 1961". Retrieved 1 December 2013. This article incorporates text from this source, which is in the public domain.
  4. ↑ NAIR, RAJESHWARY (1 October 2011). "Study Of Ethnobotanical Plants Of Dadra And Nagar Haveli And Their Significance To The Tribes" (PDF). Life Sciences Leaflets: 7. ISSN 0976-1098. Retrieved 25 February 2012.
  5. ↑ P S Lele, Dadra and Nagar Haveli: past and present, published by Usha P. Lele, 1987,
  6. ↑ "Case cing Right of Passage over Indian Territory (Merits), Judgement of 12 April 1960" (PDF). International Court of Justice Reports 1960: 6. Archived from the original (PDF) on 20 December 2011. Retrieved 1 April 2011.
  7. ↑ 7.0 7.1 R.C. Bhardwaj, ed. (1 January 1995). Constitution Amendment in India (Sixth ed.). New Delhi: Northern Book Centre. pp. 28, 170, 293. ISBN 9788172110659. Retrieved 1 December 2013.
  8. ↑ "The Constitution (Amendment) Acts". Constitution.org. Retrieved 1 December 2013. This article incorporates text from this source, which is in the public domain.
Retrieved from "https://en.bharatpedia.org/w/index.php?title=Tenth_Amendment_of_the_Constitution_of_India&oldid=453071"
Discover more