All About the 22nd Amendment of Indian Constitution

On December 10, 1968, the Constitution (Twenty-second Amendment) Bill, 1968, was introduced in the Lok Sabha. Yashwantrao Chavan, who was then the minister of home affairs, introduced it. It also aimed to add more articles 244A and 371B to the Constitution, as well as revise article 275.

This article is a thorough analysis of the 22nd Amendment of the Indian Constitution which will help you from the UPSC point-of-view.

22nd Amendment of Indian Constitution

The Twenty-second Amendment of the Constitution of India is officially termed as The Constitution(Twenty-second Amendment) Act, 1969. A new article 244A was added to the Constitution as a result. The purposes of article was to provide Parliament the authority to pass legislation creating an autonomous State within the State of Assam.

Moreover, as consequential provisions, it grants the autonomous State the legislative authority, ministerial power, or both, as determined by the legislation.

Article 275 was modified by the 22nd Amendment. This was to address the provision with respect to special grants payable due to the autonomous State upon and following its formation under article 244A.

It also established a new article 371B that described the structure and responsibilities of an Assam Legislative Assembly committee. It was made up of members of that Assembly chosen from the tribes listed in Part A of the Table that is annexed to Paragraph 20 of the Sixth Schedule, along with any other members of that Assembly that may have been included in the order.

You might also like to read about: Schedules of The Indian Constitution.

Statement of Objects and Reasons

The broad details to create an autonomous state inside the State of Assam were presented by the Government of India on September 11, 1968. This state will reportedly include some of the territories indicated in Part A of the chart appended to Paragraph 20 of the Constitution’s Sixth Schedule.

The Bill’s second clause aims to add a new article 244A to the Constitution. This was done to grant Parliament the required legislative power to approve legislation creating the autonomous State. Moreover, it provides the autonomous State with a legislature and a council of ministers, each with the authority and responsibilities set by the relevant law.

Article 275 of the Bill makes consequential amendments concerning the exceptional grants under Clause 3 of the Bill. These grants are owed to the Government of Assam in respect of potential autonomous State territory.

The constitution of a committee of the Assam Legislative Assembly is mandated by Clause 4 of the proposed law. Members of this committee include a few more Assembly members as well as representatives from the aforementioned tribal territories.

If you want to know more about the states of India, check our blogs on the following topics:

1. Administrative Relations Between Centre and State.
2. States and Union Territories of India.
3. States and Capitals of India.

Facts and Features

Who introduced the Amendment?	Yashwantrao Balwantrao Chavan.
When was it introduced?	In the Lok Sabha on 10 December 1968.
The official name of the Amendment:	The Constitution (Twenty-second Amendment) Act, 1969.
Which articles were inserted?	Articles 244A and 371B.
Which article was amended?	Article 275.

3 Major Provisions under the 22nd Amendment

1. Insertion of New Article 244A

Article 244 shall be followed by the following article in Part X of the Constitution.

244A. Creation of a local legislature, a council of ministers, or both to create an autonomous state made up of some Assam tribal districts.

1. Parliament of India has the power to enact laws to establish an independent state within the State of Assam without denying any Constitutional requirements. This encompasses all or some of the tribal territory indicated in Part A of the table attached to paragraph 20 of the Sixth Schedule. This may be done by:
   • (a) a body that serves as the Legislature for the autonomous State, whether it is elected or partially nominated and elected, or
   • (b) a Council of Ministers, or both, with the constitution, authority, and responsibilities, in each case, that may be defined by law.
2. Any law referred to in clause (1) may, in particular—
   • (a) list the things that are currently on the State List or Concurrent List that declares the independent State’s legislature will have the power to adopt laws for the complete, or in respect to any portion of, whether with or without the State of Assam’s legislative’s agreement;
   • (b) specify the matters concerning which the independent State’s executive power shall be extended;
   • (c) declaring that any taxes collected by the State of Assam should be transferred to the autonomous State to the extent that the earnings thereof are attributable to the autonomous State;
   • (d) allow for the autonomous State to be referred to whenever a State is mentioned in any article of this Constitution; and
3. Any of the aforementioned laws may be modified. However, insofar as the modification relates to any of the subjects named in Subclauses (a) or (b) of Clause (2), it will not go into effect unless it is agreed by not less than two-thirds of the members present and voting in each House of Parliament.
4. Any law referred to in this article must not be considered such for article 368, even if it contains provisions that amends or affects this Constitution.

Read Also: Article 243 & Article 245 of the Indian Constitution.

2. Amendment of Article 275

The following clause shall be added to Article 275 of the Constitution after Clause (1), namely:

1. (1A) When the autonomous State is formed by article 244A—

• (i) Any amounts payable under Clause (a) of the second proviso to Clause (1) shall be paid to the autonomous State if it includes all of the tribal areas mentioned therein. Additionally to the State of Assam if it includes only some of those tribal areas, according to any allocation the President may specify by order;
• (ii) Amounts, both capital and recurring, equal to the expenses of any development programmes that the autonomous State may undertake with the Government of India’s consent in order to bring its administration up to par with that of the rest of the Assam State, will be provided out of the Consolidated Fund of India as a grant-in-aid to that State.

You might also like to read about:

1. Article 274 of the Indian Constitution.
2. Article 276 of the Indian Constitution.

3. Insertion of New Article 371B

The following article shall be introduced after Article 371A of the Constitution:

371B. Special Provision concerning the State of Assam.

• The President may issue an order regarding the State of Assam that goes against what is written in this Constitution. Specifying the membership and responsibilities of a committee of the Legislative Assembly of the State, which shall be made up of members of that Assembly elected from the tribal areas listed in Part A of the table attached to paragraph 20 of the Sixth Schedule and such additional members of that Assembly as may be specified in the order.

Also Read: Article 370 and Article 372 of the Indian Constitution.

Ratification

The Act was passed under the requirements of Article 368 of the Constitution. Additionally, as required by Clause (2) of the aforementioned article, it was approved by more than half of the state legislatures.

The legislatures of many states, including Assam, Kerala, Madhya Pradesh, Nagaland, Mysore, and others, ratified the amendment. The amendment was not ratified by Andhra Pradesh, Bihar, Jammu and Kashmir, Orissa, and Punjab.

Read also about the previous amendment: 21st Amendment of Indian Constitution.

Summary

The Constitution(Twenty-second Amendment) Act, 1969 is the formal name of the twenty-second amendment to the Indian Constitution.

On December 10, 1968, Yashwantrao Chavan presented the Constitution (Twenty-second Amendment) Bill, 1968, in the Lok Sabha. It aimed to change Article 275 and add Articles 244A and 371B.

Read about the next amendment: 23rd Amendment of Indian Constitution.

FAQs on 22nd Amendment of Indian Constitution