Date on which the Act came into force: 31 July 2015
STATEMENT OF OBJECTS AND REASONS
India and Bangladesh have a common land boundary of approximately 4096.7 kms.
The India-East Pakistan land boundary was determined as per the Radcliffe Award of 1947.
Disputes arose out of some provisions in the Radcliffe award, which were sought to be
resolved through the Bagge Award of 1950. Another effort was made to settle these disputes
by the Nehru-Noon Agreement of 1958. However, the issue relating to division of Berubari
Union was challenged before the Hon'ble Supreme Court. To comply with the opinion rendered
by the Hon'ble Supreme Court of India, the Constitution (Ninth Amendment) Act, 1960 was
passed by the Parliament. Due to the continuous litigation and other political developments
at that time, the Constitution (Ninth Amendment) Act, 1960 could not be notified in respect
of territories in former East Pakistan (presently Bangladesh).
2. On 16th May, 1974, the Agreement between India and Bangladesh concerning the
demarcation of the land boundary and related matters was signed between both the
countries to find a solution to the complex nature of the border demarcation involved. This
Agreement was not ratified as it involved, inter alia, transfer of territory which requires a
Constitutional Amendment. In this connection, it was also required to identify the precise
area on the ground which would be transferred. Subsequently, the issues relating to
demarcation of un-demarcated boundary; the territories in adverse possession; and exchange
of enclaves were identified and resolved by signing a Protocol on 6th September, 2011,
which forms an integral part of the Land Boundary Agreement between India and Bangladesh,
1974. The Protocol was prepared with support and concurrence of the concerned State
Governments of Assam, Meghalaya, Tripura and West Bengal.
3. Accordingly, the Constitution (One Hundred and Ninteenth Amendment) Bill, 2013
which proposes to amend the First Schedule of the Constitution, for the purpose of giving
effect to the acquiring of territories by India and transfer of territories to Bangladesh through
retaining of adverse possession and exchange of enclaves, in pursuance of the aforesaid
Agreement of 1974 and its Protocol entered between the Governments of India and
Bangladesh.
4. The Bill seeks to achieve the above objects.
NEW DELHI;
The 26th February, 2013.
SOR URL: http://legislative.gov.in/sites/default/files/Constitution%20%28119th%29%20Bill%2C%202013.%20SOR.pdf
Amendment URL: http://egazette.nic.in/WriteReadData/2015/164169.pdf
Tables Manually generated using https://www.tablesgenerator.com/text_tables#
* Ninety-ninth amendment
Amendment: http://legislative.gov.in/sites/default/files/99th.pdf
SOR: http://legislative.gov.in/sites/default/files/99%20SOR.pdf
SOR Text follows:
STATEMENT OF OBJECTS AND REASONS
The Judges of the Supreme Court are appointed under clause (2) of article 124 and the
Judges of the High Courts are appointed under clause (1) of article 217 of the Constitution,
by the President. The Ad-hoc Judges and retired Judges for the Supreme Court are appointed
under clause (1) of article 127 and article 128 of the Constitution respectively. The appointment
of Additional Judges and Acting Judges for the High Court is made under article 224 and the
appointment of retired Judges for sittings of the High Courts is made under article 224A of
the Constitution. The transfer of Judges from one High Court to another High Court is made
by the President after consultation with the Chief Justice of India under clause (1) of article
222 of the Constitution.
2. The Supreme Court in the matter of the Supreme Court Advocates-on-Record
Association Vs. Union of India in the year 1993, and in its Advisory Opinion in the year 1998
in the Third Judges case, had interpreted clause (2) of article 124 and clause (1) of article 217
of the Constitution with respect to the meaning of “consultation” as “concurrence”.
Consequently, a Memorandum of Procedure for appointment of Judges to the Supreme
Court and High Courts was formulated, and is being followed for appointment.
3. After review of the relevant constitutional provisions, the pronouncements of the
Supreme Court and consultations with eminent Jurists, it is felt that a broad based National
Judicial Appointments Commission should be established for making recommendations for
appointment of Judges of the Supreme Court and High Courts. The said Commission would
provide a meaningful role to the judiciary, the executive and eminent persons to present their
view points and make the participants accountable, while also introducing transparency in
the selection process.
4. The Constitution (One Hundred and Twenty-first Amendment) Bill, 2014 is an enabling
constitutional amendment for amending relevant provisions of the Constitution and for
setting up a National Judicial Appointments Commission. The proposed Bill seeks to insert
new articles 124A, 124B and 124C after article 124 of the Constitution. The said Bill also
provides for the composition and the functions of the proposed National Judicial
Appointments Commission. Further, it provides that Parliament may, by law, regulate the
procedure for appointment of Judges and empower the National Judicial Appointments
Commission to lay down procedure by regulation for the discharge of its functions, manner
of selection of persons for appointment and such other matters as may be considered
necessary.
5. The proposed Bill seeks to broad base the method of appointment of Judges in the
Supreme Court and High Courts, enables participation of judiciary, executive and eminent
persons and ensures greater transparency, accountability and objectivity in the appointment
of the Judges in the Supreme Court and High Courts.
6. The Bill seeks to achieve the above objectives.
NEW DELHI;
RAVI SHANKAR PRASAD.
The 8th August, 2014.
* Add the resignation clause back
See the PDF: http://legislative.gov.in/sites/default/files/amend97.pdf
SOR: http://legislative.gov.in/sites/default/files/99%20SOR.pdf
SOR Follows:
STATEMENT OF OBJECTS AND REASONS
The co-operative sector, over the years, has made significant contribution to various
sectors of national economy and has achieved voluminous growth. However, it has shown
weaknesses in safeguarding the interests of the members and fil.!fiIment of objects for which
these institutions were organised. There have been instances where elections have been
postponed indefinitely and nominated office bearers or administrators remaining in-charge
of these institutions for a long time. This reduces the accountability of the management of
co-operative societies to their members. Inadequate professionalism in management in many
of the co-operative institutions has led to poor services and low productivity. Co-operatives
need to run on well established democratic principles and elections held on time and in a free
and fair manner. Therefore, there is a need to initiate fundamental reforms to revitalize these
institutions in order to ensure their contribution in the economic development of the country
and to serve the interests of members and public at large and also to ensure their autonomy,
democratic functioning and professional management.
2. The "co-operative societies" is a subject enumerated in Entry 32 of the State List of
the Seventh Schedule of the Constitution and the State Legislatures have accordingly enacted
legislations on co-operative societies. Within the framework of State Acts, growth of
co-operatives on large scale was envisaged as part of the efforts for securing social and
economic justice and equitable distribution of the fruits of development. It has, however,
been experienced that in spite of considerable expansion of co-operatives, their performance
in qualitative terms has not been up to the desired level. Considering the need for reforms in
the Co-operative Societies Acts of the States, consultations with the State Governments
have been held at several occasions and in the conferences of State Co-operative Ministers.
A strong need has been felt for amending the Constitution so as to keep the co-operatives
free from unnecessary outside interferences
and also to ensure, their autonomous
organisational set up and their democratic functioning.
3. The Central Government is committed to ensure that the co-operative societies in
the country function in a democratic, professional, autonomous and economically sound
manner. With a view to bring the necessary reforms, itis proposed to incorporate a new Part
in the Constitution so- as to provide for certain provisions covering the vital. aspects of
working of co-operative societies like democratic, autonomous and professional functioning.
A new article is also proposed to be inserted in Part IV of the Constitution (Directive Principles
of State Policy) for the States to endeavour to promote voluntary formation, autonomous
functioning, democratic control and professional management of cooperative societies. The
proposed new Part in the Constitution, inter alia, seeks to empower the Parliament in respect
of multi-State co-operative societies and the State Legislatures in case of other co-operative
societies to make appropriate law, laying down the following matters, namely:(a) provisions for incorporation, regulation arid winding up of co-operative
societies based on the principles of democratic member-control, member-economic
participation and autonomous functioning;
(b) specifying the maximum number of directors of a co-operative society to be
not exceeding twenty-one members;
(c) providing for a fixed term offive years from the date of election in respect of
the elected members of the board and its office bearers;
(d) providing for a maximum time limit of six months during which a board of
directors of co-operative
society could be kept under supersession or suspension;
(e) providing for independent professional
audit;
(f) providing for right of information to the members of the co-operative societies;
6
7
(g) empowering the State Governments
and accounts of co-operative societies;
to obtain periodic
reports of activities
(h) providing for the reservation of one seat for the Scheduled Castes or the
Scheduled Tribes and two seats for women on the board of every co-operative society,
which have individuals as members from such categories;
(i) providing for offences relating to co-operative societies and penalties in
respect of such offences.
4. It is expected that these provisions will not only ensure the autonomous and
democratic functioning of co-operatives, but also ensure the accountability of management
to the members and other stakeholders and shall provide for deterrence for violation of the
provisions of the law.
5. The Bill seeks to achieve the above objectives.
NEW DELHI:
The 11thNovember, 2009.
SHARAD PAWAR
Nemo
Abhay Rana