CENTRAL PARLIAMENTARY BOARD CIRCULAR NO. 20

Summary

This three-page Swatantra Party circular, dated August 10, 1967, seeks Central Parliamentary Board approval for a private member’s Constitution (Amendment) Bill to be introduced in the Lok Sabha by Sriraj Meghrajji Dhrangadhra, a party member. Signed by Executive Secretary S. V. Raju, the circular explains that the bill concerns an important question of policy and asks for a response by August 31. It also encloses a letter from Deputy Leader M. R. Masani outlining the bill’s background and the party’s preferred procedure for constitutional amendment proposals.

The enclosed draft bill proposes to amend Article 368. It would require a referendum before presidential assent whenever a bill seeks to amend a fundamental right in Part III or another constitutional provision regarded as fundamental by at least one-fourth of the members present and voting in either House of Parliament. The bill further provides that Parliament should establish the referendum procedure and that the President should assent if the electorate approves the amendment. Masani’s accompanying letter contrasts this approach with an earlier bill introduced by Nath Pai, which the party had decided to oppose, and argues that constitutional amendment powers should be exercised by the sovereign people through a referendum held alongside a general election.

Key points

• The document is Central Parliamentary Board Circular No. 20, issued by the Swatantra Party Central Office on August 10, 1967.
• S. V. Raju forwards a private member’s Constitution (Amendment) Bill and requests the Board’s approval before its introduction in Parliament.
• The draft bill proposes an amendment to Article 368 concerning constitutional amendments affecting fundamental rights and other fundamental provisions.
• The proposed mechanism requires a referendum on such amendments before the President gives assent.
• A constitutional provision would be treated as fundamental if one-fourth of the members present and voting in either House so regard it.
• M. R. Masani says the party opposed an earlier, broadly similar bill introduced by Nath Pai.
• Masani presents a referendum held with a general election as the proper means for the sovereign people to exercise constitutional amendment powers.