85. The Constitution (Eighty-fifth Amendment) Act, 2001—This Act amended article 16(4A) 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.
86. 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.”
87. 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.
88. 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 theGovernment 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’’.
89 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 socioeconomic 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 civilcourt 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’’.
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