Constitution (21st Amendment) Act, 1967

Constitution (21st Amendment) Act, 1967
Title	Constitution (21st Amendment) Act, 1967
Enacted by	Parliament of India
Assent	1967
Commenced	1967

Constitution (21st Amendment) Act, 1967 was an amendment to the Constitution of India enacted by the Parliament of India in 1967 that altered provisions related to the Union of India, States and Union Territories of India, and specified entries in the Seventh Schedule of the Constitution of India. The Act was debated against the backdrop of political developments involving the Indian National Congress, Swaraj Party, and state reorganization issues tied to decisions from the States Reorganisation Commission and judgments of the Supreme Court of India. It formed part of a series of constitutional changes in the 1950s–1970s alongside the Constitution (First Amendment) Act, 1951 and the Constitution (Twenty-Fourth Amendment) Act, 1971 that shaped federal relations and legislative competence.

Background and Legislative Context

The amendment emerged after discussions involving the Ministry of Home Affairs (India), directions from the President of India in consultation with the Prime Minister of India, and representations from state leaders such as the Chief Minister of Punjab, Chief Minister of Madras, and Chief Minister of West Bengal. It was influenced by precedents set in cases before the Supreme Court of India including litigations that referenced principles from the Government of India Act 1935 and jurisprudence related to the Doctrine of Colorable Legislation and the Doctrine of Pith and Substance. Parliamentary debates cited experiences of the States Reorganisation Commission (1953) and rulings involving the Election Commission of India and administrative arrangements with the Union Public Service Commission.

Provisions and Amendments Introduced

The Act amended specific clauses in the Seventh Schedule of the Constitution of India and modified articles concerning legislative lists, including entries that delineated subjects between the Union List, State List, and Concurrent List. It reallocated certain subjects such as legislative competence on aspects related to Telephone, Telegraph, Postal services, and matters touching on Census of India and Elections in India that had been previously contested. The text altered schedules and substituted phrases in articles amending the distribution of powers previously referenced alongside provisions used in the Constitution (Seventh Amendment) Act, 1956 and Constitution (Eighteenth Amendment) Act, 1966.

Parliamentary Passage and Debates

Debates in the Lok Sabha and the Rajya Sabha involved speakers from the Indian National Congress, opposition parties including the Bharatiya Jana Sangh, Praja Socialist Party, and regional parties such as the Dravida Munnetra Kazhagam and Akali Dal. Ministers including the Minister of Law and Justice (India) and the Minister of Home Affairs (India) presented statements, while legal experts from institutions like the Bar Council of India and academics from the Delhi University and Jawaharlal Nehru University were cited. Parliamentary committees, notably the Standing Committee on Law and Justice, reviewed the Bill with memoranda referencing international comparisons such as the United Kingdom, United States Constitution, and federations like Canada and Australia to justify adjustments to legislative lists.

Constitutional and Legal Implications

The amendment affected the balance between the Union of India and constituent States and Union Territories of India by revising the scope of entries within the legislative lists, thereby influencing the application of doctrines adjudicated by the Supreme Court of India in cases invoking the Basic Structure doctrine and federal principles established in earlier judgments like Kesavananda Bharati v. State of Kerala. It had implications for bodies such as the Election Commission of India, the Reserve Bank of India, and administrative practices overseen by the Ministry of Law and Justice (India), affecting statutory interpretations used in later constitutional litigation and administrative adjudication by tribunals including the Central Administrative Tribunal.

Implementation and Impact

Implementation required amendments to central statutes administered by ministries including the Ministry of Communications (India), Ministry of Home Affairs (India), and the Ministry of Law and Justice (India), and coordination with state departments in Maharashtra, Karnataka, Tamil Nadu, and Punjab. Administrative orders invoked provisions from the Act in relation to regulatory oversight by bodies like the Telecom Regulatory Authority of India and procedural adjustments by the Office of the Registrar General & Census Commissioner, India. The amendment influenced electoral administration and resource allocation disputes brought before forums such as the Supreme Court of India and the High Court of Delhi.

Subsequent Developments and Repeal/Status

Subsequent constitutional changes including the Constitution (Thirty-Ninth Amendment) Act, 1975 and the Constitution (Forty-Second Amendment) Act, 1976 interacted with themes from the 1967 amendment, while later judicial review in the Supreme Court of India revisited allocation of legislative competence reflected in case law from the 1980s through the 2000s. Amendments to related entries in the Seventh Schedule of the Constitution of India have occurred since, and oversight by constitutional bodies such as the Parliamentary Standing Committee on Law and Justice has examined residual issues; the Act’s provisions remain part of the constitutional record, subject to interpretation by courts including the Supreme Court of India and various High Courts of India.

Category:Amendments to the Constitution of India