- The Constitution (Seventy-seventh Amendment) Act, 1995---The Schedule Castes and the scheduled tribes have been enjoying the facility of reservation in promotion since 1955. The Supreme Court in its judgment dated 16 November 1992 in the case of Indira Sawhney and others vs. Union of India and others, however, observed that reservation of appointments or posts under Article 16(4) of the Constitution is confined to initial appointment and cannot extend to reservation in the matter of promotion. This ruling of the Supreme Court will adversely affect the interests of the Scheduled Castes and the Scheduled Tribes. Since the representation of the Scheduled Castes and the Scheduled Tribes in services in the States have not reached the required level, it is necessary to continue the existing dispensation of providing reservation in promotion in the case of the Scheduled Castes and the Scheduled Tribes. In view of the commitment of the Government to protect the interests of the Scheduled Castes and the Scheduled Tribes, the Government have decided to continue the existing policy of reservation in promotion for the Scheduled Castes and the Scheduled Tribes. To carry out this, it was necessary to amend Article 16 of the Constitution by inserting a new clause (4A) in the said Article to provide for reservation in promotion for the Scheduled Castes and the Scheduled Tribes.
- The Constitution (Seventy-eighth Amendment) Act, 1995---Article
31B of the Constitution confers on the enactments included in the Ninth Schedule to the Constitution immunity from legal challenge on the ground that they violate the fundamental rights enshrined in Part III of the Constitution. The Schedule consists of list of laws enacted by various state governments and Central Government which inter alia affect rights and interest in property including land.
In the past, whenever, it was found that progressive legislation conceived in the interest of the public was imperilled by litigation, recourse was taken to the Ninth Schedule. Accordingly, several State enactments relating to land reforms and ceiling on agricultural land holdings have already been included in the Ninth Schedule. Since the Government is committed to give importance to land reforms, it was decided to include land reform laws in the Ninth Schedule so that they are not challenged before the courts. The state governments of Bihar, Karnataka, Kerala, Orissa, Rajasthan, Tamil Nadu and West Bengal had suggested the inclusion of some of their Acts relating to land reforms in the Ninth Schedule.
Since the amendment to Acts which are already placed in the Ninth Schedule are not automatically immunised from legal challenge, a number of amending Acts along with a few principal Acts have been included in the Ninth Schedule so as to ensure that implementation of these Acts is not adversely affected by litigation.
- The Constitution (Seventy-ninth Amendment) Act, 1999---By this Act the Government has extended the reservations of seats for the Scheduled Castes and the Scheduled Tribes as well as for the Anglo-Indians in the House of the People and in the Legislative Assemblies of the States for another ten years.
- The Constitution (Eightieth Amendment) Act, 2000---Based on the recommendations of the Tenth Finance Finance Commission, an alternative scheme for sharing taxes between the Union and the States has been enacted by the Constitution (Eightieth Amendment) Act 2000. Under the new scheme of devolution of revenue between Union and the States, 26 per cent out of gross proceeds of Union taxes and duties is to be assigned to the States in lieu of their existing share in the income-tax excise duties, special excise duties and grants in lieu of tax on railway passenger fares.
- The Constitution (Eighty-first Amendment) Act, 2000---By this amendment the unfilled vacancies of a year which were reserved for the Scheduled Castes and the Scheduled Tribes for being filled up in that year in accordance with any provision for reservations made under Article 16 of the Constitution, shall be considered as a separate class of vacancies to be filled up in any succeeding year or years, and such class of vacancies shall not be considered together with the vacancies of the year in which they were filled up for determining the ceiling of fifty per cent reservation against total number of vacancies of that year.
- The Constitution (Eighty-second Amendment) Act, 2000---The amendment provides that nothing in Article 335 shall prevent the State from making any provision in favour of the members of the Scheduled Castes and the Scheduled Tribes for relaxation in qualifying marks in any examination or lowering the standards of evaluation for reservation in matters of promotion to any class or classes of services or posts in connection with affairs of the Union or of a State.
- The Constitution (Eighty-third Amendment) Act, 2000---The Act amended Acticle 243M of the Constitution to provide that no reservation in Panchayats need be made in favour of the Scheduled Castes in Arunachal Pradesh wholly inhabited by tribal population.
- The Constitution (Eighty-fourth Amendment) Act, 2001---The Act amended provisos to articles 82 and 170(3) of the Constitution to readjust and rationalise the territorial constitutencies in the States, without altering the number of seats allotted to each State in House of People and Legislative Assemblies of the States, including the Scheduled Castes and Scheduled Tribes constituencies, on the basis of the population ascertained at the census for the year 1991 so as to remove the imbalance caused due to uneven growth of population/electorate in different constituencies. It is also to refix the number of seats reserved for the Scheduled Castes and the Scheduled Tribes in the House of the People and the Legislative Assemblies of the States on the of the basis of the population ascertained at the census for the year 1991 so as to remove the imbalance caused due to uneven growth of population/electorate in different constituencies. It is also to refix the number of seats reserved for Scheduled Castes and the Scheduled Tribes in the House of the Feroc and the Legislative Assemblies of the States on the basis of the population ascertained at the cersit for the year 1991.
- The Constitution (Eighty-fifth Amendment) Act, 2001---This Act amended article 16(14A)
of the Constitution to provide for consequential seniority in the case of promotion
by virtue of rule of reservation for the Government servants belonging to the Scheduled
Castes and the Scheduled Tribes. It also provides retrospective effect from 17th
day of June 1995.
- The Constitution (Eighty-sixth Amendment) Act, 2002---The
Act deals with insertion of a new article 21A after article 21. The new article
21A deals with Right to Education---"The State shall provide free and compulsory
education to all children of the age of six to fourteen years in such manner as
the State may, by law, determine". Substitution of new Article for Article 45. For
Article 45 of the Constitution, the following article shall be substituted, namely,
Provision for early childhood care and education to children below the age of six
years. Article 45: "The State shall endeavour to provide early childhood care and
education for all children until they complete the age of six years." Article 51A
of the Constitution was amended and a new clause (k) was added after clause (j),
namely, "(k) who is a parent or guardian to provide opportunities for education
to his child or, as the case may be, ward between the age of six and fourteen years."
- The Constitution (Eighty-seventh Amendment) Act, 2003 - In Article 81 of the
Constitution, in clause (3), in the proviso, in clause (ii), for the figures "1991",
the figures "2001" shall be substituted. In Article 82 of the Constitution, in the
third proviso, in clause (ii), for the figures "1991", the figures "2001" shall
be substituted. In Article 170 of the Constitution, - (i) in clause (2), in the
Explanation, in the proviso, for the figures "1991", the figures "2001" shall be
substituted; (ii) in clause (3), in the Explanation, in the third proviso, for the
figures "1991", the figures "2001" shall be substituted. In Article 330 of the constitution,
in the Explanation, in the proviso, for the figures "1991", the figures "2001" shall
be substituted.
- The Constitution (Eighty-eighth Amendment) Act, 2003 - It shall
come into force on such date as the Central Government may, by notification in the
Official Gazette, appoint. After Article 268 of the Constitution, the following
article shall be inserted, namely : "268A. (1) Taxes on services shall be levied
by the Government of India and such tax shall be collected and appropriated by the
Government of India and the States in the manner provided in clause (2). (2) The
proceeds in any financial year of any such tax levied in accordance with the provisions
of clause (1) shall be - (a) collected by the Government of India and the States;
(b) appropriated by the Government of India and the States, in accordance with such
principles of collection and appropriation as may be formulated by Parliament by
law". In Article 270 of the constitution, in clause(1), for the words and figures
"Article 268 and 269", the words, figures and letter "Articles 268, 268A and 269"
shall be substituted. In the Seventh Schedule to the Constitution, in List I-Union
List, after entry 9.2B, the following entry shall be inserted, namely : "92C. Taxes
on services".
- The Constitution (Eighty-ninth Amendment) Act, 2003-It shall come
into force on such date as the Central Government may, by notification in the Official
Gazette, appoint. In Article 338 of the Constitution, - (a) for the marginal heading,
the following marginal heading shall be substituted, namely : "National Commission
for : Scheduled Castes"; (b) for clauses (1) and (2), the following clauses shall
be substituted, namely: "(1) There shall be a Commission for the Scheduled Castes
to be known as the National Commission for the Scheduled Castes. (2) Subject to
the provisions of any law made in this behalf by Parliament, the Commission shall
consist of a Chairperson, Vice-Chairperson and three other Members and the conditions
of service and tenure of office of the Chairperson, Vice-Chairperson and other Members
so appointed shall be such as the President may by rule determine"; (c) in clauses
(5), (9) and (10), the words "and Scheduled Tribes", wherever they occur, shall
be omitted. After Article 338 of the Constitution, the following article shall be
inserted, namely: "338A. (1) There shall be a Commission for the Scheduled Tribes
to be known as the National Commission for the Scheduled Tribes. (2) Subject to
the provisions of any law made in this behalf by Parliament, the Commission shall
consist of a Chairperson, Vice-Chairperson and three other Members and the conditions
of service and tenure of office of the Chairperson, Vice-Chairperson and other Members
so appointed shall be such as the President may by rule determine. (3) The Chairperson,
Vice-Chairperson and other Members of the Commission shall be appointed by the President
by warrant under his hand and seal. (4) The Commission shall have the power to regulate
its own procedure. (5) It shall be the duty of the Commission - (a) to investigate
and monitor all matters relating to the safeguards provided for the Scheduled Tribes
under this Constitution or under any other law for the time being in force or under
any order of the Government and to evaluate the working of such safeguards; (b)
to inquire into specific complaints with respect to the deprivation of rights and
safeguards of the Scheduled Tribes; (c) to participate and advise on the planning
process of socio-economic development of the Scheduled Tribes and to evaluate the
progress of their development under the Union and any State; (d) to present to the
President, annually and at such other times as the Commission may deem fit, reports
upon the working of those safeguards; (e) to make in such reports recommendations
as to the measures that should be taken by the Union or any State for the effective
implementation of those safeguards and other measures for the protection, welfare
and socio-economic development of the Scheduled Tribes; and (f) to discharge such
other functions in relation to the protection, welfare and development and advancement
of the Scheduled Tribes as the President may, subject to the provisions of any law
made by Parliament, by rule specify. (6) The President shall cause all such reports
to be laid before each House of Parliament along with a memorandum explaining the
action taken or proposed to be taken on the recommendations relating to the Union
and the reasons for the non-acceptance, if any, of any of such recommendations.
(7) Where any such report, or any part thereof, relates to any matter with which
any State Government is concerned, a copy of such report shall be forwarded to the
Governor of the State who shall cause it to be laid before the Legislature of the
State along with a memorandum explaining the action taken or proposed to be taken
on the recommendations relating to the State and reasons for the non-acceptance,
if any, of any of such recommendations. (8) The Commission shall, while investigating
any matter referred to in sub-clause(a) or inquiring into any complaint referred
to in sub-clause (b) of clause (5), have all the powers of a civil court trying
a suit and in particular in respect of the following matters, namely: (a) summoning
and enforcing the attendance of any person from any part of India and examining
him on oath; (b) requiring the discovery and production of any document; (c) receiving
evidence on affidavits; (d) requisitioning any public record or copy thereof from
any court or office; (e) issuing commissions for the examination of witnesses and
documents; (f) any other matter which the President may, by rule, determine. (9)
The Union and every State Government shall consult the Commission on all major policy
matters affecting Scheduled Tribes".
|
