- 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".
- The Constitution (Ninetieth Amendment)
Act, 2003-In Article 332 of the Consitution, in clause (6), the following proviso
shall be inserted, namely : "Provided that for elections to the Legislative Assembly
of the State of Assam, the representation of the Scheduled Tribes and non-Scheduled
Tribes in the constituencies included in the Bodoland Territorial Areas District,
so notified, and existing prior to the constitution of the Bodoland Territorial
Areas District, shall be maintained".
- The Constitution (Ninety-first Amendment),
Act, 2003 - In Article 75 of the Constitution, after clause (1), the following clauses
shall be inserted, namely : "(1A) The total number of Ministers, including the Prime
Minister, in the Council of Ministers shall not exceed fifteen per cent of the total
number of members of the House of the People. (1B) A member of either House of Parliament
belonging to any political party who is disqualified for being a member of that
House under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed
as a Minister under clause (1) for duration of the period commencing from the date
of his disqualification till the date on which the term of his office as such member
would expire or where he contests any election to either House of Parliament before
the expiry of such period, till the date on which he is declared elected, whichever
is earlier" In Article 164 of the Constitution, after clause (i), the following
clauses shall be inserted, namely: "(1A) the total number of Ministers, including
the Chief Minister, in the Council of Ministers in a State sall not exceed fifteen
per cent of the total number of members of the Legislative Assembly of that State
: Provided that the number of Ministers, including the Chief Minister, in a State
shall not be less than twelve: Provided further that where the total number of Ministers,
including the Chief Minister, in the Council of Ministers in any State at the commencement
of the Constitution (Ninety-first Amendment) Act, 2003 exceeds the said fifteen
per cent or the number specified in the first proviso, as the case may be, then,
the total number of Ministers in that State shall be brought in conformity with
the provisions of this clause within six months from such date as the President
may by public notification appoint. (1B) A member of the Legislative Assembly of
a State or either House of the Legislature of a State having Legislative Council
beloging to any poitical party who is disqualified for being a member of that House
under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed
as a Minister under clause (1) for duration of the period commencing from the date
of his disqualification till the date on which the term of his office as such member
would expire or where he contests any election to the Legislative Assembly of a
State or either House of the Legislature of a State having Legislative Council,
as the case may be, before the expiry of such period, till the date on which he
is declared elected, whichever is earlier" After Article 361A of the Constitution,
the following article shall be inserted, namely : 316B. A member of a House belonging
to any political party who is disqualified for being a member of the House under
paragraph 2 of the Tenth Schedule shall also be disqualified to hold any remunerative
political post for duration of the period commencing from the date of his disqualification
till the date on which the term of his office as such member would expire or till
the date on which he contests an election to a House and is declared elected, whichever
is earlier. Explanation : For the purposes of this Article,--- (a) the expression
"House" has the meaning assigned to it in clause (a) of paragraph 1 of the Tenth
Schedule : (b) the expression "remunerative political post" means any office---(i)
under the Government of India or the Government of a State where the salary or remuneration
for such office is paid out of the public revenue of the Government of India or
the Government of the State, as the case may be, or (ii) under a body, whether incorporated or not, which is wholly or partially owned by the Government of India or the Government
of a State and the salary or remuneration for such office is paid by such body,
except where such salary or remuneration paid is compensatory in nature'. In the
Tenth Schedule to the Constitution,---(a) in paragraph, 1, in clause (b), the words
and figure "paragraph 3 or, as the case may be," shall be omitted; (b) in paragraph
2, in sub-paragraph (1), for the words and figures "paragraphs 3,4 and 5", the words
and figures "paragraphs 4 and 5" shall be substituted; (c) paragraph 3 shall be
omitted.
- The Constitution (Ninety-second Amendment) Act, 2003---In the Eighth
Schedule to the Constitution,---(a) existing entry 3 shall be re-numbered as entry
5, and before entry 5 as so re-numbered, the following entries shall be inserted,
namely: "3. Bodo; 4. Dogri". (b) existing 4 to 7 shall respectively be re-numbered
as entries 6 to 9; (c) existing entry 8 shall be re-numbered as entry 11 and before
entry 11 as so renumbered, the following entry shall be inserted, namely: "10. Maithili".
(d) existing entries 9 to 14 shall respectively be re-numbered as entries 12 to
17; (e) existing entry 15 shall be re-numbered as entry 19 and before entry 19 as
so re-numbered, the following entry shall be inserted, namely : "18. Santhali".
(f) existing entries 16 to 18 shall respectively be re-numbered as entries 20 to
22.
- The Constitution (Ninety-third amendment) Act, 2006 - Greater access to
higher education including professional education, is of great importance to a large
number of students belonging to the Scheduled Castes, the Scheduled Tribes and other
socially and educationally backward classes of citizens. The reservation of seats
for the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes of
citizens in admission to educational institution is derived from the provisions
of clause (4) of articles 15 of the constitution. At present, the number of seats
available in aided or State maintained institutions particularly in respect of professional
education, is limited, in comparison to those in private unaided institutions. Clause
(i) of article 30 of the Constitution provides the right to all minorities to establish
and administer educational institutions of their choice. It is essential that the
rights available to minorities are protected in regard to institutions established
and administered by them. Accordingly, institutions declared by the State to be
minority institutions under clause (1) of article 30 are excluded from the operation of this enactment. To promote the educational advancement of the socially and educationally
backward classes of citizens, i.e., the Other Backward Classes or of the Scheduled
Castes and the Scheduled Tribes in matters of admission of students belonging to
these categories in unaided educational institutions, other than the minority educational
institutions referred to in clause (1) of article 30, the provisions of article
15 were amplified. The new clause (5) of said article 15 shall enable the Parliament
as well as the State Legislatures to make appropriate laws for the above mentioned
purpose.
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