Monday, September 12, 2011

12th 13th 14th amendments

Twelfth Amendment
July 28, 1991
Addition of new Article 212-B in the Constitution.
Establishment of Special Court and Supreme Appellate Courts for trial of heinous offences:

In order to ensure speedy trial of cases of persons accused of such of the heinous offences specified by law as are referred to them by the Federal Government, or an authority or person authorised by it, in view of their being gruesome, brutal and sensational in character or shocking to public morality, the Federal Government may by law constitute as many Special Courts and Supreme Appellate Courts as it may consider necessary.

A Special Court
and a Supreme Appellate Court shall decide a case or, as the case may be, an appeal within 30 days.

(Article 212-B shall cease to be a part of the Constitution after three years).

Thirteenth Amendment
April 4, 1997
The 13th Amendment stripped the President of the power to dissolve the National Assembly and call for new elections, effectively reducing the Presidency to a ceremonial figurehead.

Fourteenth Amendment
July 4, 1997
Addition of new Article 63A in the Constitution.
“63A Disqualification on ground of defection, etc.”

(1) A member of a House shall be deemed to defect from a political party if he, having been elected as such, as a candidate or nominee of a political party, or under a symbol of political party or having been elected otherwise than as a candidate or nominee of a political party, and having become a member of a political party after such election by means of a declaration in writing:

(a) commits a breach of party discipline which means a violation of the party constitution, code of conduct and declared policies, or

(b) votes contrary to any direction issued by the Parliamentary Party to which he belongs, or

(c) abstains from voting in the House against party policy in relation to any Bill.

(2) Where action is proposed to be taken under clause (1), sub-clause (a), the disciplinary committee of the party, on a reference by the head of the party, shall decide the matter, after giving an opportunity of a personal hearing to the member concerned within seven days.

In the event the decision is against the member, he can file an appeal, within seven days, before the head of the party, whose decision thereon shall be final.

In cases covered by clause (1), sub-clauses (b) and (c), the declaration may be made by the head of the party concerned after examining the explanation of the member and determining whether or not that member has defected.

(3) The presiding officer of the House shall be intimated the decision by the head of the political party in addition to intimation which shall also be sent to the concerned member. The presiding officer shall within two days transmit the decision to the Chief Election Commissioner.

The Chief Election Commissioner shall give effect to such decision within seven days from the date of the receipt of such intimation by declaring the seat vacant and amend it under the schedule of the by-election.


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