Salient features of 23rd amendment of the Indian Constitution

The Constitution (Twenty-third Amendment) Act, 1969, repealed the Scheduled Tribes reservation in Nagaland, both in the Lok Sabha and the State Legislative Assembly, and provided that the Governor could not propose more than one Anglo-Indian to any State Legislative Assembly. Prior to the modification, the Governor of the State had complete discretion over the number of Anglo-Indians who might be nominated to the State Legislative Assemblies. The amendment also prolonged for another ten years the period of reservation of seats for Scheduled Castes and Scheduled Tribes, as well as representation of Anglo-Indians in the Lok Sabha and State Legislative Assemblies, up to 26 January 1980.

The 104th Amendment to the Indian Constitution extends from 70 to 80 years the deadline for the elimination of seats for SCs and STs in the Lok Sabha and State Assemblies. It abolished the Anglo-Indian Community’s reserved seats in the Lok Sabha and state legislatures. Article 334 of the Constitution initially stated that seat reservations would end in 1960, but the 8th Amendment extended this deadline to 1970. This time was extended until 1980 by the 23rd Amendment. [1] The 45th, 62nd, 79th, 95th, and 104th Amendments, respectively, extended the period of reservation to 1990, 2000, 2010, 2020, and 2030.

The birth of India’s reservation system may be traced back to the country’s long-standing caste structure. Reservation is a policy enacted by the Indian government to address historical injustices inflicted against certain castes by the so-called “upper castes.” The caste system excluded many “lower-castes” in India from mainstream decision-making processes in administration, education, and social welfare, which impeded their development.

Seats in the Indian Parliament, state assemblies, and urban and rural-level organisations are reserved for the Scheduled Castes (SC) and Scheduled Tribes (ST). These reserved MPs are elected by all voters in a constituency because there is no distinct electorate. It is not illegal for members of the SC and ST communities to run for a general (non-reserved) seat.This system was established by the Indian Constitution in 1950 with the goal of retaining it in place for the first ten years to ensure political participation by groups that were considered weak, marginalised, under-represented, and in need of special protection.

Panampilly Govinda Menon, then Minister of Law, introduced the Constitution (Twenty-third Amendment) Bill, 1969 (Bill No. 78 of 1969) in the Lok Sabha on August 21, 1969. The bill attempted to change the Constitution’s articles 330, 332, 333, and 334. [4] The complete text of the bill’s Statement of Objects and Reasons is available below:

Article 330, inter alia, supplied for the reservation of seats for scheduled castes withinside the House of People withinside the equal percentage to the overall wide variety of seats allocated to the State or Union Territory because the population of the scheduled castes withinside the State or Union Territory or component thereof, because the case may also be, bears to the overall populace of the State or Union Territory.

Article 334 of the Constitution states that the provisions of the Constitution regarding the reservation of seats for Scheduled Castes and Scheduled Tribes, further to the example of the Anglo-Indian community inside the House of People and the State Legislative Assemblies through nomination , will forestall to have effect twenty years after the Constitution’s inception. Despite the fact that Scheduled Castes and Scheduled Tribes have completed remarkable improvement withinside the very last decades, the factors that stimulated the Constituent Assembly’s desire to make provisions for the aforementioned reservation of seats and nomination of people keep to persist. As a result, it’s far endorsed that the reservation for Scheduled Castes and Scheduled Tribes be maintained.

The state of Nagaland, which was founded in 1963, has a tribal population of more than 90%. Making reservations for Scheduled Castes and Scheduled Tribes in legislatures where they are in the majority would be unusual. As a result, it is proposed that no reservation be made for the Scheduled Tribes in Nagaland, either in the House of People or in the State Legislative Assembly, as the Government of Nagaland has requested. This will be accomplished by amending Articles 330 and 332 of the Constitution.

The Scheduled Castes and Scheduled Tribes have seats reserved withinside the Legislative Assemblies of the States below Article 332 of the Indian Constitution. No individual who isn’t always a member of a Scheduled Tribe of any self reliant district of the State of Assam might be eligible for election to the Legislative Assembly of the State from any seat of that district, consistent with Clause (6) of Article 332.

The Scheduled Castes and Scheduled Tribes have seats reserved withinside the Legislative Assemblies of the States beneath the Article 332 of the Indian Constitution. No man or woman who isn’t a member of a Scheduled Tribe of any independent district of the State of Assam may be eligible for election to the Legislative Assembly of the State from any seat of that district, in line with Clause (6) of Article 332.

Inclusive growth necessitates that all social groups have equitable access to government services and opportunities for economic and social advancement. It is also vital to ensure that no segment of our society is discriminated against. Certain social groups in India, such as the SCs, STs, OBCs, and Minorities, have long been marginalised and vulnerable. The Indian Constitution protects citizens from social injustice and all sorts of exploitation (Art. 46).

The number of Anglo-Indians nominated to the State Legislative Assemblies is left to the Governor’s discretion under Article 333 of the Constitution. It is currently proposed to alter that clause to require the Governor to designate no more than one Anglo-Indian to any State Legislative Assembly. However, until the existing Legislative Assemblies are dissolved, this amendment will have no effect on representation of the Anglo-Indian community in those bodies.

The Lok Sabha considered the bill on December 8 and 9, 1969, and it was passed in its original form on December 9, 1969. The Rajya Sabha debated it on the 16th and 17th of December 1969, and it was passed on the 17th. On January 23, 1970, President V. V. Giri gave his assent to the measure after it was ratified by the states. It was published in the Indian Gazette and went into effect on January 23, 1970.  It was published in the Indian Gazette on January 26, 1970.

REFERENCES:

https://www.india.gov.in/my-government/constitution-india/amendments/constitution-india-twenty-third-amendment-act-1969

https://www.casemine.com/act/in/5a979da74a93263ca60b71dc

Aishwarya Says:

If you are a lawyer or a law student who is looking for a job, then you can find details about the latest openings here.

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at secondinnings.hr@gmail.com

In the year 2021, we wrote about 1000 Inspirational Women In India, in the year 2022, we would be featuring 5000 Start Up Stories.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.