Thursday, March 17, 2022

Indian constitution amendments 57 to 65

Indian constitution amendments 57 to 65
57. The Constitution (Fifty-seventh amendment) Act, 1987—The Constitution (Fifty-first Amendment) Act, 1984 was enacted to provide for reservation of seats in the house of the people for scheduled tribes in Nagaland, Meghalaya, Mizoram and Arunachal Pradesh and also for reservation of seats for scheduled tribes in the legislative assemblies of Nagaland and Meghalaya by suitably amending articles 330 and 332. Even though these states are predominantly tribal, the underlying objective of the aforesaid act was to ensure that the members of scheduled tribes in these areas do not fail to secure a minimal representation because of their inability to compete with the advanced sections of the people. The Constitution (fifty-first amendment) act, though formally enforced, could not be fully implemented unless parallel action is taken to determine the seats which are to be reserved for Scheduled tribes in these areas. The number of seats reserved for Schedule Castes and Schedule Tribes in the Legislative Assembly of any State under article 332 of the constitution will have to be determined having regard to the provisions of article 332 (3) of the Constitution. However, in view of the historical background with respect to the areas comprised in north-eastern states, the circumstances obtaining in these areas in the State of development of Scheduled Tribes and other relevant considerations, it was considered necessary to provide for special arrangements with regard to the reservation for Scheduled Tribes in these areas for a temporary period so as to facilitate easy transition of these areas to the normal arrangements as envisaged in the Constitution. Article 332 of the Constitution was further amended for making a temporary provision, until the readjustment of seats on the basis of first census after the year 2000 under article 170 of the Constitution for these states, for the determination of the number of seats reserved for Scheduled Tribes. This amendment seeks to provide that if all the seats in the Legislative Assembly of such States in existence on the date of coming into force of this constitution amendment act are held by the members of Scheduled Tribes, all the seats except one shall be reserved for scheduled tribes and in any other case such number of seats as bears to the total number of seats a proportion not less than the number of members belonging to Scheduled Tribes in the existing assembly bears to the total number of seats in the existing assembly. The act achieves these objectives. 58. The Constitution (Fifty-eighth Amendment) Act, 1987—There has been general demand for the publication of authoritative text of the Constitution in Hindi. It is imperative to have an authoritative text of the Constitution for facilitating its use in the legal process. Any Hindi version of the Constitution should not only conform to the Hindi translation published by the Constituent Assembly, but should be in conformity, with the language style and terminology adopted in the authoritative texts of Central Acts in Hindi. The Constitution has been amended to empower President of India to publish under his authority the translation of the Constitution in Hindi signed by the Members of the Constituent Assembly with such modification as may be necessary to bring it in conformity with the language, style and terminology adopted in the authoritative texts of Central Acts in Hindi language. President has also been authorised to publish the translation in Hindi of every amendment of the Constitution made in English.


59. The Constitution (Fifty-ninth Amendment) Act, 1988—The Act amends Article 365 (5) of the Constitution so as to facilitate the extension of a Presidential Proclamation issued under clause (1) of Article 356 beyond a period of one year, if necessary upto a period of three years, as permissible under clause (4) of Article 356 with respect to the State of Punjab because of the continued disturbed situation there. The Act also amends Article 352 of the Constitution pertaining to the Proclamation of Emergency in its application to the State of Punjab and includes internal disturbance as one of the grounds for making a Proclamation in respect of the State of Punjab only. As a consequence of amendment in Article 352, Articles 358 and 359 in relation to the State of Punjab will be operative only for a period of two years from 30 March 1988, which is the date of commencement of the amendment.


60. The Constitution (Sixtieth Amendment) Act, 1988—The Act amends clause (2) of Article 276 of the Constitution so as to increase the ceiling of taxes on professions, trades, callings and employment from Rs 250 per annum to Rs 2,500 per annum. The upward revision of this tax will help state governments in raising additional resources. The proviso to clause (2) has been omitted.


61. The Constitution (Sixty-first Amendment) Act, 1989—The Act provides for reducing voting age from 21 to 18 years by amending Article 326 of the Constitution to provide to the unrepresented youth of the country an opportunity to give vent to their feelings and help them become a part of political process.


62. The Constitution (Sixty-second Amendment) Act, 1989—Article 334 of the Constitution lays down that the provisions of the Constitution relating to the reservation of seats for the Scheduled Castes and the Scheduled Tribes and the representation of the Anglo-Indian community by nomination in the Lok Sabha and in the Legislative Assemblies of the States shall cease to have effect on the expiry of a period of 40 years from the commencement of the Constitution. Although the Scheduled Castes and the Scheduled Tribes have made considerable progress in the last 40 years, the reasons which weighed with the Constituent Assembly in making provisions with regard to the aforesaid reservation of seats and nomination of members, have not ceased to exist. The Act amends Article 334 of the Constitution to continue the reservation for the Scheduled Castes and the Scheduled
Tribes and the representation of the Anglo-Indians by nomination for a further period of 10 years.


63. The Constitution (Sixty-third Amendment) Act, 1989—The Constitution (Fifty-ninth Amendment) Act, 1988 was enacted in March 1988 making certain changes in regard to making a Proclamation of Emergency in Punjab and to the duration of President’s rule in State. On reconsideration, the Government decided that the special powers in regard to the Proclamation of Emergency in Punjab as envisaged in the said amendment is no longer required. Accordingly the provision to clause (5) of Article 356 and Article 359A of the Constitution have been omitted.


64. The Constitution (Sixty-fourth Amendment) Act, 1990—This Act amends clauses (4) and (5) of Article 356 of the Constitution with a view to facilitate the extension of the proclamation issued under clause (1) of Article 356 of the Constitution on 11th May 1987 upto a total period of three years and six months in relation to the State of Punjab.


65. The Constitution (Sixty-fifth Amendment) Act, 1990—Article 338 of the Constitution provides for a Special Officer for the Scheduled Castes and Scheduled Tribes to investigate all matters relating to the safeguards provided for the Scheduled Castes and Scheduled Tribes under the Constitution and to report to the President on their working. The Article has been amended for the constitution of a National Commission for Scheduled Castes and Scheduled Tribes consisting of a Chairperson, Vice Chairperson and five other Members who shall be appointed by the President bywarrant under his hand and seal. The amended Article elaborates the duties of the said Commission and covers measures that should be taken by the Union or any state for the effective implementation of the reports presented by the Commission. It also provides that the Commission shall, while investigating any matter or inquiring into any complaint have all the powers of a Civil Court trying a suit and the reports of the said Commission shall be laid before Parliament and the Legislature of the states.

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