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Third Amendment of the Constitution of India

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The Constitution (Third Amendment) Act, 1954
Parliament of India
  • An Act further to amend the Constitution of India.
Citation3rd Amendment
Territorial extentIndia
Passed byLok Sabha
Passed23 September 1954
Passed byRajya Sabha
Passed28 September 1954
Assented to22 February 1955
Signed byRajendra Prasad
Commenced22 February 1955
Legislative history
First chamber:Lok Sabha
BilltitleThe Constitution (Third Amendment) Bill, 1954
Introduced byT. T. Krishnamachari
Introduced6 September 1954
Committee reportReport of the Joint Committee of theConstitution (Third Amendment) Bill,1954
Final stages
Reported fromconference committee20 September 1954
Status:In force

TheThird Amendmentof theConstitution of India,officially known asThe Constitution (Third Amendment) Act, 1954,re-enacted entry 33 of the Concurrent List in the Seventh Schedule of the Constitution with relation to include trade and commerce in, and the production, supply and distribution of 4 classes of essential commodities,foodstuffs,including edibleoil seedsandoils;cattlefodder,including oilcakes and other concentrates; rawcottonwhether ginned or unginned, andcotton seeds;and rawjute.

Text

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It was enacted byParliamentin the Fifth Year of the Republic of India as follows:-

1.Short titleThis Act may be called the Constitution (Third Amendment) Act 1954.

2.Amendment of the Seventh ScheduleIn the Seventh Schedule to the Constitution, for entry 33 ofList III,the following entry shall be substituted, namely:-

"33. Trade and commerce in, and the production, supply and distribution of,-

(a) the products of any industry where the control of such industry by the Union is declared by Parliament by law to be expedient in the public interest, and imported goods of the same kind as such products;
(b) foodstuffs, including edible oil seeds and oils;
(c) cattle fodder, including oilcakes and other concentrates;
(d) raw cotton whether ginned or unginned, and cotton seeds; and
(e) raw jute. "[1]

The full text of entry 33 of the Concurrent List, prior to the 3rd Amendment is given below:

33.Trade and commerce in, and the production, supply and distribution of, the products of industries where the control of such industries by the Union is declared by Parliament by law to be expedient in the public interest.[2]

Proposal and enactment

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The bill ofThe Constitution (Third Amendment) Act, 1954was introduced in theLok Sabhaon 6 September 1954, as theConstitution (Third Amendment) Bill, 1954(Bill No. 40 of 1954). It was introduced byT. T. Krishnamachari,thenMinister of Commerce and Industry.The bill sought to the Seventh Schedule of the Constitution, substituting a new entry for the original entry 33 of List III (Concurrent List).[3]The full text of the Statement of Objects and Reasons appended to the bill is given below:

Entry 33 of the Concurrent List enabled Parliament to legislate in respect of industries declared to be under Union control. In addition, Parliament was empowered by article 369, for a period of five years, to legislate in respect of certain specified essential commodities. It was not considered advisable that after article 369 lapsed to control the production, supply and distribution of some of these essential commodities. The bill seeks to amplify Entry 33 of the Concurrent List accordingly.

— T.T. Krishnamachari
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Related topics

A motion to refer the bill to a Joint Committee was moved by the Lok Sabha on 10 September and adopted on 13 September. The motion was concurred by theRajya Sabhaon 16 September 1954. The Joint Committee presented its Report to the Lok Sabha on 20 September. The Rajya Sabha passed the bill on 28 September 1954.[3]The bill, after ratification by the States, received assent from then PresidentRajendra Prasadon 22 February 1955. It was notified inThe Gazette of India,and also came into force on the same date.[3][4]

Ratification

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The Bill was passed in accordance with the provisions of Article 368 of the Constitution, and was ratified by the Legislatures of more than one-half of the States specified in Parts A and B of the First Schedule by resolutions to that effect passed by those Legislatures before the Bill making provision for such amendment is presented to the President for assent, as required by the said article. State Legislatures that ratified the amendment are listed below:[3]

  1. Rajasthan
  2. Punjab
  3. Patiala and East Punjab States Union
  4. Saurashtra
  5. Madhya Pradesh
  6. Madras
  7. Bihar
  8. West Bengal

See also

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References

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  1. ^"Third Amendment".Indiacode.nic.in.Retrieved26 November2013.Public DomainThis article incorporates text from this source, which is in thepublic domain.
  2. ^"The Constitution of India (1949)"(PDF).Lok Sabha Secretariat.p. 1187. Archived fromthe original(PDF)on 3 December 2013.Retrieved30 November2013.Public DomainThis article incorporates text from this source, which is in thepublic domain.
  3. ^abcdR.C. Bhardwaj, ed. (1 January 1995).Constitution Amendment in India(Sixth ed.). New Delhi: Northern Book Centre. pp. 18–19, 147–148.ISBN9788172110659.Retrieved21 November2013.
  4. ^"The Constitution (Amendment) Acts".Constitution.org.Retrieved26 November2013.Public DomainThis article incorporates text from this source, which is in thepublic domain.
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