In the Sixteenth Constitutional Amendment Act 1963, National integrity was given a lot of importance. And at the same time know what is the National Integrity Council. At that time, there were a lot of crises in the States and the matters related to National integrity were coming in the Parliament a lot.
Too much communism was going on at that time. From different States, small communal acts were coming to the fore and in North East, a lot of crises were happening. And states were demanding these changes. So the government felt that now something must be changed.
It is very inecessary to keep maintain the soverignty and integrity of the India, it was not in the original Constitution but the importance to maintain soverignty and integrity of India is added in the Costitution through Sixteenth Constitutional Amendment Act 1963.
Statements of Objects and Reasons of Sixteenth Constitutional Amendment Act 1963
The Committee on National Integration and Regionalism appointed by the National integration Council recommended that Article 19 of the Indian Constitution be so amended that adequate powers become available for the preservation and maintenance of the integrity, and sovereignty of the union.
The Committee was further of the view that every candidate for the membership of a state legislature or Parliament, and every aspirant to and incumbent of public office.
Should pledge himself to uphold the Constitution and to preserve the integrity and sovereignty of the Union and that forms of oath in the Third Schedule to the Constitution should be suitably amended for the purpose.
Amending clause (2), (3), and (d) of Article 19 for enabling the State to make any law imposing reasonable restrictions on the exercise of the rights conferred by sub-clause (a), (b), (c) of clause (1) of that Article in the interests of the sovereignty and integrity of India.
It is also proposed to amend Articles 84 and 173 and forms of oath in the Third Schedule to the Constitution so as to provide that every candidate for the membership of Parliament or State Legislature, Union and State Ministers, Members of Parliament and State Legislatures, judges of the Supreme Court and High Courts and the Comptroller and Auditor-General of India should take an oath to uphold the sovereignty and integrity of India.
Amendment to Article 19 through Sixteenth Constitutional Amendment Act 1963
(a) in clause (2), after the words ” in the interests of ” the word ” the sovereignty and integrity of India ” shall be inserted. and (b) in clauses (3) and (4), after the words ” in the interest of ” the words ” the sovereignty and integrity of India ” shall be inserted.
19. Protection of certain rights regarding freedom of speech etc
(1) All citizens shall have the right
(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of India; and
(f) omitted
(g) to practice any profession, or to carry on any occupation, trade, or business
(2) Nothing in sub-clause (a) of clause ( 1 ) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offense.
(3) Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India or public order, reasonable restrictions on the exercise of the right conferred by the said sub-clause
(4) Nothing in sub-clause (c) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India or public order or morality, reasonable restrictions on the exercise of the right conferred by the said sub-clause
(5) Nothing in sub-clauses (d) and (e) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the interests of the general public or for the protection of the interests of any Scheduled Tribe
(6) Nothing in sub-clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub-clause, and, in particular, nothing in the said sub-clause shall affect the operation of any existing law in so far as it relates to, or prevent the State from making any law relating to,
(i) the professional or technical qualifications necessary for practicing any profession or carrying on any occupation, trade or business, or
(ii) the carrying on by the State, or by a corporation owned or controlled by the State, of any trade, business, industry, or service, whether to the exclusion, complete or partial, of citizens or otherwise.
Forms of an oath of office for a Minister for the Union:-
” I, A. B, do swear in the name of God / Solemnly affirm, that I will bear true faith and allegiance to the Constitution of India as by law established. (that I will uphold the sovereignty and integrity of India.) that I will faithfully and continuously discharge my duties as Minister for the Union and that I will do right to all manner of people in accordance with the constitution and the law, without fear or favour, affection or ill-will.
BACKGROUND NOTE ON NATIONAL INTEGRATION COUNCIL
The then Prime Minister, Shri Jawaharlal Nehru, convened National Integration Conference in September – October 1961 to find ways and means to combat the evils of communalism, casteism, regionalism, linguism, and narrow-mindedness, and to formulate definite conclusions in order to give a lead to the country.
This Conference decided to set up a National Integration Council (NIC) to review all matters pertaining to national integration and to make recommendations thereon. The NIC was constituted accordingly and held its first meeting in 1962.
Objectives of the Council
The NIC declared its objectives in the meeting held in 1968 ) The declaration of objectives as adopted by the NIC is as follows:- ” The foundation of our national life is common citizenship, unity in diversity, freedom of religions, secularism, equality justice – social – economic and political, and fraternity among all communities. The National Integration Council reiterates its faith in these values and dedicates itself to their achievement. “
The National Integration Council, however, notes with concern the increase in communal incidents in different parts of the country over the last few years. The Council emphasizes that notwithstanding sporadic occurrences of communal and other divisive conflicts, the vast majority of common men and women, irrespective of their religious affiliations, live in peace and harmony and have no interest in violence and disorders.
The National Integration Council condemns tendencies that strike at the root of national solidarity and calls upon all political parties, voluntary organizations, other citizen groups, the press, leaders of opinion, and indeed all men of goodwill to bring them to a halt:
> by discouraging communal ill-will and regional animosities and weaning the misguided elements of society from paths of violence ;
> by active and energetic propagation of the principles, especially of tolerance and harmony for which this nation stands,
These changes were done through the Sixteenth Constitutional Amendment Act 1963.
