STATEMENT OF OBJECTS AND REASONS
The Constitution (Twenty-third Amendment) Bill, 1969 was introduced in the Lok Sabha to amend Articles 330, 332, 333, and 334 of the Constitution.
The provisions relating to the reservation of seats for the Scheduled Castes and Scheduled Tribes and the Anglo-Indian community’s representation under Article 334 of the Constitution, by nomination in the House of the People and the Legislative Assemblies of the States shall cease to have its effect, after the exhaustion of a period of twenty years from the commencement of the Constitution.
Apart from the fact that the Scheduled Castes and Scheduled Tribes made considerable progress in the last twenty years at that time, the reasons for making these provisions concerning the aforesaid reservation of seats and nomination of members that weighed with the Constituent Assembly had not ceased to exist. As proposed, the reservation continued for the Scheduled Castes and the Scheduled Tribes and the representation of Anglo-Indians by a nomination for another ten years. The tribal community constituted more than ninety percent of the population of the State of Nagaland, which came into existence in 1963. It was atypical to make the provision for reserving Scheduled Castes and Scheduled Tribes in Legislatures in the States where they were in a great majority.
It was proposed by the Government of Nagaland, to dissolve the reservation for the Scheduled Tribes in Nagaland either in the House of the People or in the State Legislative Assembly and Articles 330 & 332 of the Constitution were to be amended for this purpose.
While under Article 333 of the Constitution, the Anglo-Indians, who might be nominated to the State Legislative Assemblies, was left to the discretion of the Governor. It was finally proposed to amend the article stating that not more than one Anglo-Indian should be nominated to any State Legislative Assembly by the Governor. The aforesaid amendment was proposed and was to be executed without affecting the representation of the Anglo-Indian community in the existing Legislative Assemblies until their dissolution.
WHAT IS THERE?
The following changes and inclusions were made to the Indian Constitution:-
- Under Article 330 of the Constitution, in sub-clause (b) of clause (1), the words "except the Scheduled Tribes in the tribal areas of Assam and in Nagaland" shall be substituted for the words "except the Scheduled Tribes in the tribal areas of Assam".
- Under Article 332 of the Constitution, in clause (1), the words "except the Scheduled Tribes in the tribal areas of Assam and in Nagaland" shall be substituted for the words "except the Scheduled Tribes in the tribal areas of Assam".
- Under Article 333.-
- The words "nominate one member of that community to the Assembly" shall be substituted for the words "nominate such number of members of the community to the Assembly as he considers appropriate".
- Sub-section (1) shall not affect the representation of the Anglo-Indian community in the Legislative Assembly until the dissolution of that Assembly of any State existing at the commencement of this Act.
- In Article 334, the words "thirty years" shall be substituted for the words "twenty years".
The introduction of the bill was to extend the safeguards of the Scheduled Castes and the Scheduled Tribes granted by the Indian Constitution by 10 years and the Governor had to ensure adequate representation in the State Assembly of the Anglo-Indian Community. The discontinuation of the reservation for the Scheduled Tribes in the State Legislature of the State of Nagaland.