AI Overview...
Summary of the Constitution Thirteenth Amendment Act
Main Points and Insights
-
Purpose and Scope: The Constitution (Thirteenth Amendment) Act, 1972, was enacted to address specific constitutional provisions related to Nagaland. It inserted Article 371A into the Constitution of India, providing special provisions for Nagaland, recognizing its unique cultural and political context HUKUMCHAND INSURANCE CO. LTD. VS SUBASHINI ROY - Calcutta, State of Nagaland VS Rosemary Dzuvichu - Gauhati.
-
Article 371A: This article grants Nagaland a special status, including provisions for self-governance and legislative autonomy, particularly concerning local customs and tribal rights. It was inserted to safeguard Nagaland's distinct identity and to facilitate legislative amendments in accordance with its needs State of Nagaland VS Rosemary Dzuvichu - Gauhati, Seyievinyu Medom @ Akuo Medom VS Sabeituo Mechulho - Gauhati.
-
Legislative and Constitutional Changes: The amendment allows the Nagaland Legislative Assembly to make laws on certain subjects, respecting local customs and practices, and provides a framework for the integration of customary laws into the state’s legal system State of Nagaland VS Rosemary Dzuvichu - Gauhati.
-
Recognition of Tribes and Cultural Rights: The amendment also addresses the recognition of tribes such as the Rongmei, and provisions related to Scheduled Tribes under the Constitution, emphasizing the importance of preserving tribal identities and rights Rongmei Council, Nagaland Represented by its President Sri. Chinkhiulung Gonmei VS State of Nagaland - Gauhati.
-
Implementation and Judicial Interpretation: Courts have interpreted the scope and application of Article 371A, emphasizing that any legislative change must respect the constitutional provisions and the special status conferred upon Nagaland. For instance, challenges to local laws and recognition of tribal status have been addressed within this framework Rongmei Council, Nagaland Represented by its President Sri. Chinkhiulung Gonmei VS State of Nagaland - Gauhati, Old Jalukai Village Council VS Kakiho Village - Supreme Court.
Analysis and Conclusion
The Thirteenth Amendment Act of 1972 is a significant constitutional development that provides Nagaland with a unique status under Article 371A, enabling it to preserve its cultural identity while integrating into the Indian Union. It facilitates legislative autonomy on local matters and recognizes tribal rights, balancing federal authority with regional self-governance. Judicial rulings have reinforced that amendments and laws concerning Nagaland must align with the special provisions of Article 371A, ensuring the protection of its distinct social fabric State of Nagaland VS Rosemary Dzuvichu - Gauhati, Old Jalukai Village Council VS Kakiho Village - Supreme Court.
References: - HUKUMCHAND INSURANCE CO. LTD. VS SUBASHINI ROY - Calcutta - State of Nagaland VS Rosemary Dzuvichu - Gauhati - Seyievinyu Medom @ Akuo Medom VS Sabeituo Mechulho - Gauhati - Rongmei Council, Nagaland Represented by its President Sri. Chinkhiulung Gonmei VS State of Nagaland - Gauhati - Old Jalukai Village Council VS Kakiho Village - Supreme Court
Search Results for "Constitution Thirteenth Amendment Act"
1974 0 Supreme(Cal) 25 • India - Calcutta
P.C.BOROOAH, A.K.SINHA
MOTOR VEHICLES ACT - SECTION 96 - APPEAL AGAINST AWARD OF COMPENSATION - CERTIFICATE FOR APPEAL TO SUPREME COURT - AMENDMENT OF ... ARTICLE 133 OF THE CONSTITUTION - SUBSTANTIAL QUESTION OF LAW OF GENERAL IMPORTANCE - INTERPRETATION OF SECTION 96(2) OF THE MOTOR ... VEHICLES ACT. ... By the Constitution (Thirteenth Amendment) Act, 1972 it provides: (a) That the case invokes a substantial question of law of general importance. (b) That in the opinion ....
2012 0 Supreme(Gau) 905 • India - Gauhati
AMITAVA ROY, P.K.MUSAHARY
and Conduct of Business in Nagaland Legislative Assembly - Rule 221A - Nagaland Municipal (First Amendment) Act, 2006 - Section ... for all the Municipal and Town Councils in the State of Nagaland in accordance with Section 23A of the Nagaland Municipal (First Amendment ... Constitution of India - Article 371A - Nagaland Municipal Act, 2001 - Section 25(1), 83(1), Rules of Procedure ... ... The challenge to the judgment and order dated 21.10.2011 has its roots in the amendments to the Constitution of I....
2013 0 Supreme(Gau) 19 • India - Gauhati
PRASANTA KUMAR SAIKIA, SUBHASIS TALAPATRA
in said memorandum they should bring about legislative change in accordance with due process having regard to Article 371(A) of Constitution ... change pending passage of appropriate piece of legislation in legislative Assembly of Nagaland, but either of exercises inclusive of constitution ... Nagaland Village Council and Area Council Act, 1978 - Section 7 and 8 - Constitution of India, 1950 - Article ... the response has to be negative as the reference as made in Article 371-A of the constitution is related to the custo....
2023 0 Supreme(Gau) 1121 • India - Gauhati
KARDAK ETE
Recognition - Rongmei Tribe - Constitution (Nagaland) Scheduled Tribes Order, 1970, Article 342 - The court dismissed the writ ... As these matters are peculiar to the proposed new State of Nagaland, provision with respect thereto has to be made in the Constitution (Thirteenth Amendment) Act, 1962 in the constitution of India. ... Sangtam, learned Additional AG submits that the Rongmei is a Schedule tribe in the State of Manipur vide the Constitution (Schedule Tribe) Order (A....
1974 0 Supreme(SC) 432 • India - Supreme Court
K.K.MATHEW, N.L.UNTWALIA, P.N.BHAGWATI
(hereinafter referred to as the Act) can be cancelled after coming into force of that Act - Custom of adoption in form has been ... Hindu Adoptions and Maintenance Act, 1956 - Section 4 (1) read with Section 5 - Cancellation of adoption ... except - Acquired right in order - whether an adoption in form made before the passing of Hindu Adoptions and Maintenance Act, 1956 ... In this appeal filed by the defendant appellant on grant of a certificate of fitness -by the High Court of Gujarat under Article 133 (1) (c) of the C....
2025 0 Supreme(SC) 903 • India - Supreme Court
J. B. PARDIWALA, R. MAHADEVAN
(A) Nagaland Village and Area Councils Act, 1978 - Special Provisions under Article 371A of the Constitution - The High Court directed ... Article 371A of the Constitution which was inserted by the Constitution (Thirteenth Amendment) Act, 1962 and which came into effect on 01.12.1963 carves out a special provision as regards the State of Nagaland. ... In the debates which ensued in the Rajya Sabha as regards the passing of the Constitution (#HL_START....
2014 0 Supreme(J&K) 458 • India - Jammu and Kashmir
ALI MOHAMMAD MAGREY
Election Dispute - Maintainability of Writ Petition - Section 142 of the State Constitution Fact of the Case: The ... Ratio Decidendi: The court interpreted Section 142 of the State Constitution and held that the remedy for challenging the ... The court held that the writ petition under Article 226 of the Constitution of India read with Section 103 of the State Constitution ... The two provisos were inserted in Section 142 of the State Constitution by the Constitution of Jammu and Kashmir (#HL_START....
2014 0 Supreme(J&K) 457 • India - Jammu and Kashmir
ALI MOHAMMAD MAGREY
Election - Rejection of Nomination Paper - Section 142 of the State Constitution - Article 226 of the Constitution of India - ... Ratio Decidendi: The court relied on Section 142 of the State Constitution, which states that no election shall be called ... Section 103 of the State Constitution Fact of the Case: The petitioner's nomination form to the 08-Sopore Assembly Constituency ... The two provisos were inserted in Section 142 of the State Constitution by the Constitution of Jammu and Kashmir (#HL_....
2023 8 Supreme 526 • India - Supreme Court
D. Y. CHANDRACHUD, B. R. GAVAI, SURYA KANT, SANJAY KISHAN KAUL, SANJIV KHANNA
Whether amendment to Article 367 in exercise of the power under Article 370(1)(d) so as to substitute the reference to the “Constituent ... (A) Constitution of India – Article 370 (Now Abrogated by Constitutional Order (CO) 273) – Constitution ... – Unlike other states, State of Jammu and Kashmir had residuary legislative powers in view of Section 5 of Constitution of Jammu ... The Chapter heading was substituted by its present form – “Temporary, Transitional and Special provisions” – by the Constitution (Thir....
2016 5 Supreme 227 • India - Supreme Court
JAGDISH SINGH KHEHAR, DIPAK MISRA, MADAN B.LOKUR, PINAKI CHANDRA GHOSE, N.V.RAMANA
which flows from introduction of Tenth Schedule by constitutional amendment is required to be harmoniously construed with Article ... 179(c)—Both provisions of Constitution are meant to subserve purpose of sustenance of democracy which is a basic feature of Constitution—Speaker ... State legislature or State executive, would not harmoniously augur with the strong democratic principles enshrined in provisions of Constitution—Constitution ... Since a reference was earlier made to Article 371-A of the #HL_....
Filter by Legal Phrase
