The Tenth Amendment of the

Constitution of India The Constitution of India (IAST: ) is the supreme law of India. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental ri ...

, officially known as The Constitution (Tenth Amendment) Act, 1961, incorporated

Dadra and Nagar Haveli Dadra and Nagar Haveli is a district of the union territory of Dadra and Nagar Haveli and Daman and Diu in western India. It is composed of two separate geographical entities: Nagar Haveli, wedged in between Maharashtra and Gujarat states to ...

as the seventh Union territory of

India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...

, by amending the First Schedule to the Constitution. It also amended clause (1) of article 240 of the Constitution to include therein the Union territory of Dadra and Nagar Haveli in order to enable the President to "make regulations for the peace, progress and good government of the territory". The 10th Amendment retroactively came into effect on 11 August 1961. Indian forces took control of Goa, Daman and Diu in 1961, and KG Badlani, an officer of the

Indian Administrative Service The Indian Administrative Service (IAS) is the administrative arm of the All India Services of Government of India. Considered the premier civil service of India, the IAS is one of the three arms of the All India Services along with the Indian ...

(IAS) was designated Prime Minister of

Free Dadra and Nagar Haveli Free Dadra and Nagar Haveli was a de facto state that existed in the Indian Sub-continent between 1954 and 1961. It was declared by pro-India forces that had gained control of the region from Portugal in 1954 and ceased to exist after being form ...

for one day, so that, as head of state, he could sign an agreement with Prime Minister Jawaharlal Nehru to merge Dadra and Nagar Haveli formally with the Republic of India. On 31 December 1974, a treaty was signed between India and Portugal recognising India's sovereignty over

Goa Goa () is a state on the southwestern coast of India within the Konkan region, geographically separated from the Deccan highlands by the Western Ghats. It is located between the Indian states of Maharashtra to the north and Karnataka to the ...

, Daman, Diu, Dadra and Nagar Haveli.

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Background

The

Portuguese Portuguese may refer to: * anything of, from, or related to the country and nation of Portugal ** Portuguese cuisine, traditional foods ** Portuguese language, a Romance language *** Portuguese dialects, variants of the Portuguese language ** Portu ...

occupied

Nagar Haveli Nagar Haveli is one of the two talukas of Dadra and Nagar Haveli District, Dadra and Nagar Haveli and Daman and Diu, India. It is surrounded by the Indian states of Gujarat and Maharashtra. Silvassa, the administrative headquarters of Dadra ...

on 10 June 1783 on the basis of Friendship Treaty executed on 17 December 1779 as compensation towards damage to the Portuguese frigate by the

Maratha The Marathi people (Marathi: मराठी लोक) or Marathis are an Indo-Aryan ethnolinguistic group who are indigenous to Maharashtra in western India. They natively speak Marathi, an Indo-Aryan language. Maharashtra was formed as a M ...

Navy. In 1785, the Portuguese purchased

Dadra Dadra is associated with the Hindustani classical music of the Indian subcontinent. Dadra tala This is a Hindustani classical '' tala'' (rhythmic cycle), consisting of six beats in two equal divisions of three. The most commonly accepted theka ...

. It was administered by the Portuguese Governor of Daman until 1954. After India attained independence in 1947, the residents of Dadra and Nagar Haveli, with the help of volunteers of organisations like the United Front of Goans (UFG), the

Rashtriya Swayamsevak Sangh The Rashtriya Swayamsevak Sangh ( ; , , ) is an Indian right-wing, Hindu nationalist, paramilitary volunteer organisation. The RSS is the progenitor and leader of a large body of organisations called the Sangh Parivar (Hindi for "Sangh family" ...

(RSS), the National Movement Liberation Organisation (NMLO), and the Azad Gomantak Dal, dislodged Portuguese rule in the territories in 1954.P S Lele, ''Dadra and Nagar Haveli: past and present'', published by Usha P. Lele, 1987, Although it enjoyed ''de facto'' independence, Dadra and Nagar Haveli were still recognised internationally (e.g., by the

International Court of Justice The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordanc ...

) as Portuguese possessions. The residents of the former colony requested the

Government of India The Government of India (ISO: ; often abbreviated as GoI), known as the Union Government or Central Government but often simply as the Centre, is the national government of the Republic of India, a federal democracy located in South Asia, c ...

for administrative help. KG Badlani, an officer of the

was sent as the administrator. From 1954 to 1961, the territory was administered by a body called the Varishta Panchayat of Free Dadra and Nagar Haveli. In 1961, when Indian forces took over Goa, Daman and Diu, Badlani was designated Prime Minister of Dadra and Nagar Haveli for one day, so that, as head of state, he could sign an agreement with Prime Minister

Jawaharlal Nehru Pandit Jawaharlal Nehru (; ; ; 14 November 1889 – 27 May 1964) was an Indian anti-colonial nationalist, secular humanist, social democrat— * * * * and author who was a central figure in India during the middle of the 20t ...

to merge Dadra and Nagar Haveli formally with the Republic of India.

Proposal and enactment

The ''Constitution (Tenth Amendment) Bill, 1961'' (Bill No. 43 of 1961) was introduced in the

Lok Sabha The Lok Sabha, constitutionally the House of the People, is the lower house of India's bicameral Parliament, with the upper house being the Rajya Sabha. Members of the Lok Sabha are elected by an adult universal suffrage and a first-past ...

on 11 August 1961. It was introduced by Laxmi Menon, then Deputy Minister of External Affairs, and sought to amend article 240 and the First Schedule to the Constitution. The full text of the Statement of Objects and Reasons appended to the bill is given below: The full text of the Statement of Objects and Reasons appended to the bill is given below: The bill was debated and passed in the original form by the Lok Sabha on 14 August 1961. It was considered and passed by the

Rajya Sabha The Rajya Sabha, constitutionally the Council of States, is the upper house of the bicameral Parliament of India. , it has a maximum membership of 245, of which 233 are elected by the legislatures of the states and union territories using si ...

on 16 August 1961. The bill received assent from then President

Rajendra Prasad Rajendra Prasad (3 December 1884 – 28 February 1963) was an Indian politician, lawyer, Indian independence activist, journalist & scholar who served as the first president of Republic of India from 1950 to 1962. He joined the Indian Nationa ...

on 16 August 1961, and was notified in ''

The Gazette of India ''The Gazette of India'' is a public journal and an authorised legal document of the Government of India, published weekly by the Department of Publication, Ministry of Housing and Urban Affairs. As a public journal, the ''Gazette'' prints offic ...

'' on 17 August 1961. It retroactively came into force from 11 August 1961.

References

{{reflist 10 Dadra and Nagar Haveli 1961 in India 1961 in law Nehru administration History of Dadra and Nagar Haveli and Daman and Diu

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Background

Proposal and enactment

See also

References