90. 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’’.
91. 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 ofthe 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.
92. 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.
93. 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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