Article 368 of the Indian constitution provides procedure to parliament to amend the Indian constitution. Indian constitution is largest, longest and quasi-federal constitution. Our constitution is both rigid and flexible in nature which means if parliament thinks that any provision or part or article is outdated or violating human rights. In past there have many amendments. Till now India has witness 105 constitutional amendments. Amending the Indian constitution means making changes or deleting certain provisions or article.
Arunachal Pradesh is a state in India’s northeast. In 1972, Arunachal Pradesh became a union territory, and in 1987, it became a state.
Salient features of 37th Constitutional Amendment:
1. It was approved by Parliament on April 26, 1975, to give Arunachal Pradesh, the country’s north-easternmost Union Territory, a Legislative Assembly and a Council of Ministers.
2. At the time of Amendment, Indira Gandhi was Prime Minster and Fakhruddin Ali Ahmed was President.
3. Arunachal Pradesh’s Union territory is currently handled by a Chief Commissioner. It has a Pradesh Council, which is largely made up of Zilla Parishad delegates and serves as an advisory body on crucial subjects concerning the governance of the Union territory. As Counsellors, some members of the Pradesh Council assist the Chief Commissioner in the day-to-day administration.
4. The Pradesh Council would be replaced by a Legislative Assembly, and the Counsellors would be replaced by a Council of Ministers, as in certain other Union territories listed in Article 239A of the Constitution. As a result, the bill proposes to include Arunachal Pradesh in that section.
5. The President is entitled to establish regulations for the Union territory of Arunachal Pradesh under Article 240 of the Constitution. With the establishment of a Legislative Assembly for the Union territory, it is proposed that, as with other Union territories with legislatures, this power may be utilized only if the Assembly is dissolved or its operation is interrupted.
6. The Bill also attempts to change Article 240 in order to accomplish this goal.
7. Article 239A of the Constitution shall be amended by substituting the terms “Pondicherry, Mizoram, and Arunachal Pradesh” for the phrases “Pondicherry, Mizoram, and Arunachal Pradesh” in clause (1).
8. Amendment to Article 240.-In clause (1) of Article 240 of the Constitution, in both provisos, the terms “Pondicherry or Mizoram” shall be replaced with “Pondicherry, Mizoram, or Arunachal Pradesh.”
Articles Amended:
Article 239A: It empowers Parliament to make regulations for Union territories. It contents to create local legislatures or council of ministers or both for Union Territories. The Lieutenant Governor shall be assisted and advised by a Council of Ministers consisting of not more than 10% of the total number of members in the Legislative Assembly, with the Chief Minister at its head, in the exercise of his functions in relation to matters over which the Legislative Assembly has power to make laws, except in so far as he is required to act in his discretion by or under any law. The President appoints the Chief Minister, and the President appoints other Ministers on the Chief Minister’s advice, and the Ministers serve at the President’s leisure. The Council of Ministers will be jointly responsible to the Legislative Assembly
Article 240 of the Indian Constitution grants the President the authority to issue regulations for specific Union territories.
The President may issue regulations for the peace, progress, and good government of the Union territory of (a) the Andaman and Nicobar Islands;
(b) Lakshadweep;
c) Dadra and Nagar Haveli;
d) Daman and Diu;
e) Pondicherry
Conclusion:
By 37th amendment changes were made in Article 239A and 240 of Indian Constitution. In 1972 Arunachal Pradesh which lies in North-East India was made a Union Territory. In the year 1975 an amendment was passed with the title ” Constitution (Thirty-seventh Amendment) Act, 1975″ which created Legislative assembly and council of ministries in Arunachal Pradesh.
Reference:
- https://www.indianconstitution.in/2017/09/37th-amendment-in-constitution-of-india.html
- https://legislative.gov.in/constitution-thirty-seventh-amendment-act-1975
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