One Hundred and Fourth Amendment of the Constitution of India

Last updated

The Constitution (One Hundred and Fourth Amendment) Act, 2019
Emblem of India.svg
Parliament of India
  • An Act further to amend the Constitution of India.
Citation 104th Amendment Act of the Indian Constitution
Territorial extentIndia
Passed by Lok Sabha
Passed10 December 2019
Passed by Rajya Sabha
Passed12 December 2019
Assented to21 January 2020
Commenced25 January 2020
Legislative history
First chamber: Lok Sabha
Bill titleThe Constitution (One Hundred and twenty six Amendment) Bill, 2019
Bill citation[https://prsindia.org/billtrack/the-constitution-one-hundred-and-twenty-sixth-amendment-bill-2019 Bill No. 371 of 2019]
Bill published on4 December 2019
Introduced by Ravi Shankar Prasad
Status: In force

The One Hundred and Fourth Amendment of the Constitution of India, extends the deadline for the cessation of the reservation of seats for members from Scheduled Castes and Scheduled Tribes in the Lok Sabha and State Legislative Assemblies by a period of 10 years.

Contents

The reservation of seats for the Scheduled Castes and Scheduled Tribes was set to expire on 26 January 2020 as mandated by the Ninety Fifth Amendment [1] but was extended for another 10 years with the given reason:

Although the Scheduled Castes and the Scheduled Tribes have made considerable progress in the last 70 years, the reasons which weighed with the Constituent Assembly in making provisions with regard to the aforesaid reservation of seats have not yet ceased to exist. Therefore, with a view to retaining the inclusive character as envisioned by the founding fathers of the Constitution, it is proposed to continue the reservation of seats for the Scheduled Castes and the Scheduled Tribes for another ten years i.e. up to 25th January, 2030-Ravi Shankar Prasad, Minister of Law and Justice [2]

The amendment does not, however, extend the period of reservation of the 2 Lok Sabha seats and seats in State Legislative Assemblies reserved for members of the Anglo-Indian Community and thus the practice of nominating two members of the Anglo-Indian community by the President of India under the recommendation of the Prime Minister of India was effectively abolished.

Text

BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—

1. (1) This Act may be called the Constitution (One Hundred and Fourth Amendment) Act, 2019. [3]

(2) It shall come into force on the 25th day of January, 2020.

2. In article 334 of the Constitution,—

(a) for the marginal heading, the following marginal heading shall be substituted, namely:—

“Reservation of seats and special representation to cease after certain period”;

(b) in the long line, after clauses (a) and (b), for the words "seventy years", the words "eighty years in respect of clause (a) and seventy years in respect of clause (b)" shall be substituted.

The full text of Article 334 of the Constitution, after the 95th Amendment, is given below:

368. Reservation of seats and special representation to cease after ten years.Reservation of seats and special representation to cease after certain period.

Notwithstanding anything in the foregoing provisions of this Part [Part XVI], the provisions of this Constitution relating to—

(a) the reservation of seats for the Scheduled Castes and the Scheduled Tribes in the House of the People and in the Legislative Assemblies of the States; and
(b) the representation of the Anglo Indian community in the House of the People and in the Legislative Assemblies of the States by nomination,
shall cease to have effect on the expiration of a period of seventy yearseighty years in respect of clause (a) and seventy years in respect of clause (b) from the commencement of this Constitution: Provided that nothing in this article shall affect any representation in the House of the People or in the legislative Assembly of a State until the dissolution of the then existing House or Assembly, as the case may be. [4]

Legislative history

The Constitution (One Hundred and Fourth Amendment) Bill, 2019 was introduced in the Lok Sabha on 9 December 2019 by Ravi Shankar Prasad, Minister of Law and Justice. The bill sought to amend Article 334 of the constitution.

The bill was unanimously passed by the Lok Sabha on 10 December 2019 with 355 votes in favour and 0 votes against. [Citation Needed, broken link] [5] The bill was then tabled in the Rajya Sabha and was also passed unanimously on 12 December 2019 with 163 votes in favour and 0 votes against. [6] The bill received assent from the President of India, Ram Nath Kovind, on 21 January 2020 and was notified in The Gazette of India on the next day. The amendment came into effect on 25 January 2020.

See also

Related Research Articles

<span class="mw-page-title-main">Lok Sabha</span> Lower house of the Parliament of India

The Lok Sabha, constitutionally the House of the People, is the lower house of India's bicameral Parliament, with the upper house being the Rajya Sabha. Members of the Lok Sabha are elected by an adult universal suffrage and a first-past-the-post system to represent their respective constituencies, and they hold their seats for five years or until the body is dissolved by the President on the advice of the council of ministers. The house meets in the Lok Sabha Chambers of the Sansad Bhavan, New Delhi.

This is a brief description of the lawmaking procedure in India.

Reservation is a system of affirmative action in India that provides historically disadvantaged groups representation in education, employment, government schemes, scholarships and politics. Based on provisions in the Indian Constitution, it allows the Union Government and the States and Territories of India to set reserved quotas or seats, at particular percentage in Education Admissions, Employments, Political Bodies, Promotions, etc, for "socially and educationally backward citizens."

In India, a number of political positions and university posts are held for specific groups of the population, including Scheduled Castes and Scheduled Tribes, and women in some cases.

Part XVI of the Constitution of India establishes that certain castes and tribes shall be represented in the Lok Sabha in proportion to their population—that is, if the specified caste makes up 20% of the population in a given province, at least 20% of that province's members of the Lok Sabha must be of that caste. The Constitution specifies that this is to be accomplished "as nearly as may be", accepting that due to limited delegation size proportions not always match exactly.

Amending the Constitution of India is the process of making changes to the nation's fundamental law or supreme law. The procedure of amendment in the constitution is laid down in Part XX of the Constitution of India. This procedure ensures the sanctity of the Constitution of India and keeps a check on arbitrary power of the Parliament of India.

<span class="mw-page-title-main">Representation of the People Act, 1951</span> Act of the Parliament of India

The Representation of the People Act, 1951 is an act of Parliament of India to provide for the conduct of election of the Houses of Parliament and to the House or Houses of the Legislature of each State, the qualifications and disqualifications for membership of those Houses, the corrupt practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections. It was introduced in Parliament by law minister Dr. B.R. Ambedkar. The Act was enacted by the provisional parliament under Article 327 of Indian Constitution, before the first general election.

The Sixty-first Amendment of the Constitution of India, officially known as The Constitution Act, 1988, lowered the voting age of elections to the Lok Sabha and to the Legislative Assemblies of States from 21 years to 18 years. This was done by amending Article 326 of the Constitution, which concerns elections to the Lok Sabha and the Assemblies.

<span class="mw-page-title-main">Second Amendment of the Constitution of India</span>

The Second Amendment of the Constitution of India, officially known as The Constitution Act, 1952, removed the upper population limit for a parliamentary constituency by amending Article 81(1)(b) of the Constitution. Article 81(1)(b) had stipulated that the number of members to be allotted to each parliamentary constituency should be determined so as to ensure that there would be not less than one member for every 750,000 of the population and not more than one member for every 500,000 of the population.

<span class="mw-page-title-main">Eighth Amendment of the Constitution of India</span>

The Eighth Amendment of the Constitution of India, officially known as The Constitution Act, 1959, amended article 334 of the Constitution in order to extend the period of reservation of seats for the Scheduled Castes and Scheduled Tribes and representation of the Anglo-Indians in the Lok Sabha and the State Legislative Assemblies for ten years, i.e. up to 26 January 1970. Article 334 had stipulated that the reservation of seats should expire within a period of ten years from the commencement of the Constitution.

<span class="mw-page-title-main">Twenty-third Amendment of the Constitution of India</span>

The Twenty-third Amendment of the Constitution of India, officially known as The Constitution Act, 1969, discontinued reservation of seats for the Scheduled Tribes in Nagaland, both in the Lok Sabha and the State Legislative Assembly and stipulated that not more than one Anglo-Indian could be nominated by the Governor to any State Legislative Assembly. Prior to the amendment, the number of Anglo-Indians who could be nominated to the State Legislative Assemblies, was left to the discretion of the Governor of the State. The amendment also extended the period of reservation of seats for the Scheduled Castes and Scheduled Tribes and representation of the Anglo-Indians in the Lok Sabha and the State Legislative Assemblies for another ten years, i.e. up to 26 January 1980.

<span class="mw-page-title-main">Forty-fifth Amendment of the Constitution of India</span>

The Forty-fifth Amendment of the Constitution of India, officially known as The Constitution Act, 1980, extended the period of reservation of seats for the Scheduled Castes and Scheduled Tribes and representation of the Anglo-Indians in the Lok Sabha and the State Legislative Assemblies for another ten years, i.e. up to 26 January 1990.

<span class="mw-page-title-main">Ninety-fifth Amendment of the Constitution of India</span> Extended Indian reservation for Anglo-Indians

The Ninety-fifth Amendment of the Constitution of India, officially known as The Constitution Act, 2009, extended the period of reservation of seats for the Scheduled Castes and Scheduled Tribes and representation of the Anglo-Indians in the Lok Sabha and the State Legislative Assemblies for another ten years, i.e. up to 26 January 2020.

<span class="mw-page-title-main">Sixty-second Amendment of the Constitution of India</span>

The Sixty-second Amendment of the Constitution of India, officially known as The Constitution Act, 1989, extended the period of reservation of seats for the Scheduled Castes and Scheduled Tribes and representation of the Anglo-Indians in the Lok Sabha and the State Legislative Assemblies for another ten years, i.e. up to 26 January 2000.

<span class="mw-page-title-main">Seventy-ninth Amendment of the Constitution of India</span>

The Seventy-ninth Amendment of the Constitution of India, officially known as The Constitution Act, 1999, extended the period of reservation of seats for the Scheduled Castes and Scheduled Tribes and representation of the Anglo-Indians in the Lok Sabha and the State Legislative Assemblies for another ten years, i.e. up to 26 January 2010.

<span class="mw-page-title-main">Fourteenth Amendment of the Constitution of India</span>

The Fourteenth Amendment of the Constitution of India, officially known as The Constitution Act, 1962, incorporated Pondicherry as the ninth Union territory of India, and also gave Parliament the authority to create by law, Legislatures and Councils of Ministers for the Union territories of Himachal Pradesh, Manipur, Tripura, Goa, Daman and Diu and Puducherry.

<span class="mw-page-title-main">Twenty-second Amendment of the Constitution of India</span>

The Twenty-second Amendment of the Constitution of India, officially known as The Constitution Act, 1969, inserted new article 244A in the Constitution to empower Parliament to enact a law for constituting an autonomous State within the State of Assam and also to provide the autonomous State with Legislature or a Council of Ministers or both with such powers and functions as may be defined by that law.

<span class="mw-page-title-main">Member of Parliament, Lok Sabha</span> Representative of the Indian people in the lower house of the Indian Parliament

A Member of Parliament in the Lok Sabha is the representative of a legislative constituency in the Lok Sabha; the lower house of the Parliament of India. Members of parliament of Lok Sabha are chosen by direct elections on the basis of the adult suffrage. The maximum permitted strength of members of parliament in the Lok Sabha is 550. This includes the maximum 530 members to represent the constituencies and states and up to 20 members to represent the union territories. Between 1952 and 2020, two seats were reserved for members of the Anglo-Indian community. The current elected strength of the Lok Sabha is 543. The party—or coalition of parties—having a majority in the Lok Sabha chooses the Prime Minister of India.

Between 1952 and 2020, two seats were reserved in the Lok Sabha, the lower house of the Parliament of India, for members of the Anglo-Indian community. These two members were nominated by the President of India on the advice of the Government of India. In January 2020, the Anglo-Indian reserved seats in the Parliament and State Legislatures of India were discontinued by the 126th Constitutional Amendment Bill of 2019, when enacted as the 104th Constitutional Amendment Act, 2019.

References

  1. The Constitution (Ninety-Fifth Amendment) Act, 2009
  2. PRS India - THE CONSTITUTION (ONE HUNDRED AND TWENTY-SIXTH AMENDMENT) BILL, 2019
  3. https://egazette.nic.in/WriteReadData/2020/215637.pdf [ bare URL PDF ]
  4. "The Constitution of India (1949)" (PDF). Lok Sabha Secretariat. p. 1091. Archived from the original (PDF) on 3 December 2013. Retrieved 30 November 2013.PD-icon.svg This article incorporates text from this source, which is in the public domain .
  5. Lok Sabha passes 126th Constitution Amendment Bill , retrieved 22 March 2020
  6. Voting & Passing of The Constitution (126th Amendment) Bill, 2019 , retrieved 22 March 2020