Third Amendment of the Constitution of India

The Constitution (Third Amendment) Act, 1954
Parliament of India
Long title An Act further to amend the Constitution of India.
Citation	3rd Amendment
Territorial extent	India
Passed by	Lok Sabha
Passed	23 September 1954
Passed by	Rajya Sabha
Passed	28 September 1954
Assented to	22 February 1955
Signed by	Rajendra Prasad
Commenced	22 February 1955
Legislative history
First chamber: Lok Sabha
Bill title	The Constitution (Third Amendment) Bill, 1954
Introduced by	T. T. Krishnamachari
Introduced	6 September 1954
Committee report	Report of the Joint Committee of the Constitution (Third Amendment) Bill, 1954
Final stages
Reported from conference committee	20 September 1954
Status: In force

The Third Amendment of the Constitution of India, officially known as The 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 edible oil seeds and oils; cattle fodder, including oilcakes and other concentrates; raw cotton whether ginned or unginned, and cotton seeds; and raw jute.

Text

It was enacted by Parliament in the Fifth Year of the Republic of India as follows:-

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

2. Amendment of the Seventh Schedule In the Seventh Schedule to the Constitution, for entry 33 of List 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

The bill of The Constitution (Third Amendment) Act, 1954 was introduced in the Lok Sabha on 6 September 1954, as the Constitution (Third Amendment) Bill, 1954 (Bill No. 40 of 1954). It was introduced by T. T. Krishnamachari, then Minister 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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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 the Rajya Sabha on 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 President Rajendra Prasad on 22 February 1955. It was notified in The Gazette of India, and also came into force on the same date.^[3][4]

Ratification

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

• List of amendments of the Constitution of India

References