Constitution (Twelfth Amendment) Act, 1962

The Constitution (Twelfth Amendment) Act, 1962 formally incorporated the territories of Goa, Daman and Diu into the Republic of India as the eighth Union territory. This constitutional amendment followed India’s acquisition of the territories from Portuguese rule in December 1961, marking the end of 451 years of colonial administration in Goa and its adjoining enclaves. The Act amended the First Schedule to include Goa, Daman and Diu as part of India’s territory and further amended Article 240(1) to empower the President of India to make regulations for the “peace, progress and good government” of the newly integrated region.
Although enacted in March 1962, the amendment was given retrospective effect from 20 December 1961, the day after the Portuguese Governor General Manuel António Vassalo e Silva signed the instrument of surrender to Indian forces.

Historical Background

The territories of Goa, Daman and Diu had been under Portuguese control since the early sixteenth century, forming part of Portuguese India. The Portuguese first captured Goa in 1510, followed by Daman (1559) and Diu (1535–1550), using them as vital nodes in their Asian maritime empire. When India gained independence in 1947, Portugal refused to relinquish control of its enclaves, maintaining that they were integral parts of metropolitan Portugal.
Persistent diplomatic efforts by India from 1947 to 1961 failed to secure their peaceful transfer. Portugal not only refused to negotiate but also restricted movement, closed borders, and maintained military presence in the enclaves. The Government of India, under Prime Minister Jawaharlal Nehru, initially pursued a policy of restraint and diplomacy but ultimately decided on military intervention when peaceful negotiations proved futile.
Operation Vijay, launched on 17 December 1961, involved coordinated action by the Indian Army, Navy and Air Force. Within 36 hours, Portuguese resistance collapsed, and by 19 December 1961, the Governor General of Portuguese India surrendered. This marked the end of colonial rule in Goa, Daman and Diu, and the integration of these territories into India’s sovereignty.

Objectives and Rationale

The Statement of Objects and Reasons, appended to the Constitution (Twelfth Amendment) Bill, 1962, clearly outlined the necessity for constitutional changes:

  1. To formally recognise Goa, Daman and Diu as a Union territory within the Republic of India by including them in the First Schedule of the Constitution.
  2. To empower the President under Article 240(1) to make regulations for their governance, as was already done in the case of Dadra and Nagar Haveli following its incorporation under the Tenth Amendment (1961).
  3. To provide a legal framework for the administration of the territories pending the introduction of representative institutions and legislative mechanisms.

Although under Article 1(3)(c) of the Constitution, the newly acquired areas automatically became part of the “territory of India”, explicit inclusion in the First Schedule was required to specify their status as a Union territory and bring them under constitutional governance.

Key Provisions

The Twelfth Amendment comprised three concise yet substantive clauses:

  1. Short title and commencement
    • The Act was titled The Constitution (Twelfth Amendment) Act, 1962.
    • It was deemed to have come into force on 20 December 1961, aligning with the effective date of India’s assumption of control.
  2. Amendment of the First Schedule
    • Under the heading “Union Territories”, a new entry was inserted:

      “8. Goa, Daman and Diu — The territories which immediately before the twentieth day of December 1961 were comprised in Goa, Daman and Diu.”

    • This entry constitutionally declared the territories as the eighth Union territory of India.
  3. Amendment of Article 240(1)
    • Clause (1) of Article 240 was amended by inserting “(d) Goa, Daman and Diu”, empowering the President to legislate for the territory by regulation, ensuring administrative continuity until regular institutions were established.

Legislative History and Enactment

The Constitution (Twelfth Amendment) Bill, 1962 (Bill No. 3 of 1962) was introduced in the Lok Sabha on 12 March 1962 by Prime Minister Jawaharlal Nehru. The Bill sought amendments to Article 240 and the First Schedule.

  • The Lok Sabha debated and passed the Bill on 14 March 1962 without amendment.
  • The Rajya Sabha passed it on 20 March 1962.
  • The President of India, Dr. Rajendra Prasad, gave his assent on 27 March 1962, and the Act was published in The Gazette of India on 28 March 1962.

The retrospective commencement clause ensured that the constitutional position of Goa, Daman and Diu was legally valid from 20 December 1961, the date of their effective liberation.

Administrative Transition

Following the surrender, the territories were placed under the control of the Government of India, administered by the President through an appointed Administrator in accordance with Article 239. The constitutional amendment provided the necessary authority for:

  • Presidential regulations for governance until a suitable local administrative structure was developed.
  • Integration of local laws, with gradual adaptation to align with Indian legal systems.
  • Maintenance of peace and order and continuation of public services during the transition.

Initially governed as a single Union territory, Goa, Daman and Diu retained Portuguese civil codes and property laws until suitable replacements were enacted.

Subsequent Developments

  1. Goa’s Statehood
    • Over time, Goa’s strong regional identity, historical distinctiveness, and democratic movements for self-governance led to its elevation to full statehood.
    • On 30 May 1987, Goa was made India’s twenty-fifth state, while Daman and Diu remained a separate Union territory.
  2. Recognition by Portugal
    • Although India assumed sovereignty in 1961, Portugal formally recognised India’s control only in 1974 following the fall of the Estado Novo regime and the establishment of democracy in Portugal.
    • A treaty signed on 31 December 1974 officially acknowledged India’s sovereignty over Goa, Daman, Diu, and Dadra and Nagar Haveli.
  3. Union Territory Merger (2020)
    • In 2020, Daman and Diu were merged with Dadra and Nagar Haveli to form a single Union territory known as Dadra and Nagar Haveli and Daman and Diu, under the Dadra and Nagar Haveli and Daman and Diu (Merger of Union Territories) Act, 2019.

Constitutional and Political Significance

1. Completion of India’s Decolonisation ProcessThe Twelfth Amendment symbolised the final phase of India’s liberation from European colonial rule, ending more than four centuries of Portuguese presence on Indian soil.
2. Constitutional Regularisation of IntegrationThe amendment served as the legal bridge between de facto control and de jure incorporation, ensuring that the governance of Goa, Daman and Diu was consistent with the Constitution of India from the day of their liberation.
3. Strengthening of the Union’s Territorial FrameworkBy incorporating the territories into the First Schedule and extending Article 240 powers, the amendment reaffirmed the supremacy of the Indian Union in matters of territorial administration and integration.
4. Precedent for Peaceful Constitutional AssimilationThe procedure established through the Tenth and Twelfth Amendments—incorporation by parliamentary legislation with retrospective effect—set a constitutional precedent for subsequent territorial accessions, including Puducherry and Sikkim.
5. Foundation for Goa’s Democratic DevelopmentThe amendment laid the groundwork for the establishment of democratic institutions, which later culminated in the Goa Legislative Assembly, the Goa Panchayat system, and eventual statehood in 1987.

Legacy

The Twelfth Amendment remains a landmark in India’s constitutional history as it legally consolidated the country’s sovereignty over its remaining colonial territories and extended the Constitution’s reach to regions that had been politically and culturally distinct for centuries. It exemplifies India’s commitment to constitutional incorporation over conquest and underscores the adaptability of the Indian constitutional framework in achieving national unity through lawful means.
Today, Goa stands as one of India’s most vibrant states, while Daman and Diu continue as integral Union territories—testimony to the constitutional foresight embodied in the Twelfth Amendment of 1962.

Originally written on June 30, 2019 and last modified on October 13, 2025.

Leave a Reply

Your email address will not be published. Required fields are marked *