Twelfth Amendment Act, 1962 of Indian Constitution

Background of Twelfth Amendment Act, 1962:

The Government of India used police action in 1961 to acquire the three territories of Goa, Daman and Diu from the Portuguese. As a result, the Twelfth Amendment Act, of 1962 made them a Union Territory. However, later on, Goa agreed with the Statehood position in Indian Union in 1987 and thus became a separate state. The remaining territories of Daman and Diu became separate Union Territories.  

Amendment to the Constitution:

According to the changing needs of the people and the conditions prevalent in the country, the Indian Constitution is empowered with the procedure of amending itself from time to time. It is stated in Article 368 that Parliament has powers to change, add or remove any of the provisions mentioned in the Constitution according to the rules and regulations that are laid down in the Constitution. But, it is also important to note that the Parliament does not possess the power to amend the provisions that form the ‘basic structure of the Constitution. This point is clearly ruled out in 1973 in Kesavananda Bharati Case by the Supreme Court of India. Till October 2021, a total of 105 Amendments have been done in the Indian Constitution. 

Twelfth Amendment Bill, 1962:

The Twelfth Amendment Bill, 1962 was introduced in the Lok Sabha by then Prime Minister Jawaharlal Nehru on 12 March 1962. On 27 March 1962, President Rajendra Prasad gave his assent to the bill.

Significance of the Twelfth Amendment Act: 

• By amending the First Schedule to the Constitution with the Twelfth Amendment Act, 1962, Goa, Daman and Diu were made a Union Territory of India.
• For the purpose of enabling the President to make regulations regarding the good government, progress and peace of the territory, the Act also amended Article 240(1) of the Indian Constitution.
  On 20 December 1961, Twelfth Amendment Act retroactively came into effect.

Related Frequently Asked Questions with Answers:

Q1. When Twelfth Amendment Bill was introduced in the Lok Sabha?
Answer– The Twelfth Amendment Bill, 1962 was introduced in the Lok Sabha by then Prime Minister Jawaharlal Nehru on 12 March 1962.

Q2. When Twelfth Amendment Act retroactively came into effect?
Answer– The Twelfth Amendment Bill, 1962 was introduced in the Lok Sabha by then Prime Minister Jawaharlal Nehru on 12 March 1962. On 27 March 1962, President Rajendra Prasad gave his assent to the bill. On 20 December 1961, Twelfth Amendment Act retroactively came into effect.

Q3. State the significance of the Twelfth Amendment Act.
Answer– By amending the First Schedule to the Constitution with the Twelfth Amendment Act, 1962, Goa, Daman and Diu were made a Union Territory of India.
For the purpose of enabling the President to make regulations regarding the good government, progress and peace of the territory, the Act also amended Article 240(1) of the Indian Constitution.

Q4. Which are the three territories acquired by the police action?
Answer- The Government of India used police action in 1961 to acquire the three territories of Goa, Daman and Diu from the Portuguese.

Q5. Which State agreed with the Statehood position in Indian Union?
Answer– The Government of India used police action in 1961 to acquire the three territories of Goa, Daman and Diu from the Portuguese. As a result, the Twelfth Amendment Act, of 1962 made them a Union Territory. However, later on, Goa agreed with the Statehood position in Indian Union in 1987 and thus became a separate state. The remaining territories of Daman and Diu became separate Union Territories.