The Scheduled Tribes in Nagaland were no longer guaranteed seats in the Lok Sabha and the State Legislative Assembly thanks to the 23rd Amendment of Indian Constitution. This amendment also prohibited the Governor from appointing more than one Anglo-Indian to a State Legislative Assembly.
Panampilly Govinda Menon introduced the Constitution (Twenty-third Amendment) Bill, 1969 in the Lok Sabha on August 21. The Constitution’s articles 330, 332, 333, and 334 were all targeted for change by the bill. In the Lok Sabha on December 8 and 9, the bill was discussed. The Rajya Sabha review it on December 16 and 17, 1969. Rajya Sabha approved it on December 17, 1969. President V. V. Giri approved the proposal in 1970 after it had received state ratification.
This article speaks about the 23rd amendment of Indian Constitution. Students preparing for the UPSC Exam will find this article worth reading. This is covered under Indian Polity in the UPSC Syllabus.
23rd Amendment Of Indian Constitution
The Constitution (Twenty-third Amendment) Act, 1969, is another name for the T23rd Amendment of Indian Constitution. With this, Nagaland’s Scheduled Tribes’ seats in the Lok Sabha and State Legislative Assembly were no longer reserved. Additionally, this amendment stated that the Governor could only propose one Anglo-Indian to each State Legislative Assembly.
Before the amendment, it was up to the state’s Governor to decide how many Anglo-Indians should be nominated to the state legislatures.
The revision also added ten more years to the duration of the Scheduled Castes and Scheduled Tribes’ and Anglo-Indians’ representation in the Lok Sabha and State Legislative Assemblies’ seat reservations.
Originally, Article 334 of the Constitution mandated that seat reservations end in 1960. However, the 8th Amendment extended this deadline to 1970.
This time frame was extended to 1980 with the 23rd Amendment of Indian Constitution. The 45th, 62nd, 79th, 95th, and 104th Amendments, respectively, increased the duration of the reservation to 1990, 2000, 2010, 2020, and 2030.
To know more about the 45th Amendment of Indian Constitution, visit the linked article.
Statement of Objects And Reasons
The provisions of Article 334 of the Constitution that deal with the representation of the Anglo-Indian community in the House of the People and the State Legislative Assemblies by nomination and the reservation of seats for the Scheduled Castes and Scheduled Tribes expire twenty years after the Constitution’s founding.
Even though the Scheduled Castes and Scheduled Tribes have made considerable progress over the previous 20 years, the factors that the Constituent Assembly considered when it set provisions for the abovementioned reservation of seats and nomination of members still hold true.
Thus, it is recommended that the Scheduled Castes and Scheduled Tribes’ reservations be extended for an additional ten years. Additionally, Anglo-Indian representation via nomination is extended for another ten years.
In 1963, the nation of Nagaland was established. In this state, tribal people make up more than 90% of the population.
It would be unusual to tailor revision for reservation for SC and ST in states with Legislatures where these tribes predominate.
As a result, it is suggested that no reservations be made in Nagaland for the Scheduled Tribes, as demanded by the Nagaland government, neither in the House of the People nor in the State Legislative Assembly. Amendments to Articles 330 and 332 of the Constitution are necessary to achieve this.
According to article 333 of the Constitution, the Governor has the power to nominate any number of Anglo-Indians to the State Legislative Assemblies. The governor should only choose one Anglo-Indian for each State Legislative Assembly, according to a proposed amendment to that clause. But, this change won’t affect how the Anglo-Indian community is represented in those bodies until the ongoing Legislative Assemblies are abolished.
Facts And Features
|Who put forth the 23rd Amendment?||P. Govinda Menon, the law minister at the time, presented it.|
|When was it Introduced?||The Lok Sabha first heard about this amendment on August 21st, 1969.|
|The official name of the Amendment||The Constitution (Twenty-third Amendment) Act, 1969|
|Which articles were amended under the 23rd Amendment of Indian Constitution?||Articles 330, 332, 333, and 334 of the Constitution|
Amendment of articles 330 and 332– The scheduled tribes in Nagaland is no longer entitled to reservations in the Lok Sabha and the State Legislative Assembly, according to sections 2 and 3 of the act amending articles 330 and 332 of the Constitution.
Amendment of article 333– (1) Section 4 of the modification to Article 333 of the Constitution provides that the governor may designate no more than one member of the Anglo-Indian community to serve in any state legislative assembly.
(2)The representation of the Anglo-Indian community in the Legislative Assembly of any State that existed at the start of this Act until the dissolution of that Assembly will not be changed by anything in sub-section (1).
Amendment of article 334– In Article 334 of the Constitution, the phrase “twenty years” shall be replaced with the phrase “thirty years.” In accordance with Section 5 of the Constitution’s amendment to Article 334, the Anglo-Indian community by nomination will continue to be represented in the Lok Sabha and the State’s Legislative Assemblies for a further ten years. Furthermore, it provides for the continuance of reservation for the Scheduled Castes and Scheduled Tribes for an additional 10 years.
In compliance with the Constitution’s Article 368 requirements, the Act was passed. Moreover, it received the approval of more than 1/2 of the state legislatures, as needed by the 2nd Clause of the aforementioned article. Kerala, Punjab, Assam, Nagaland, Madhya Pradesh, and other states’ legislatures are a few examples of those that ratified the modification. Bihar, Andhra Pradesh, Gujarat, Orissa, Jammu and Kashmir, Uttar Pradesh, and Haryana did not ratify the modification.
The 23rd Amendment of Indian Constitution is a landmark legal amendment passed in India in 1969. The amendment addresses the reservation of seats to scheduled castes and Scheduled tribes in the lower House of the Parliament and the state legislatures as well. The maximum number of Anglo-Indians allowed to serve in various organizations is stated. The amendment also added ten more years to the period in which seats were reserved for people who belong to the Scheduled Castes and Scheduled Tribes.
Which Amendment Act Says The Changes In Articles 330 & 332 What Are Those Changes?
23rd Amendment made the proposed changes in Articles 330 and 332 of the Indian Constitution. Due to these modifications, Nagaland gets no reservations in the Lok Sabha or the State Legislative Assembly.
Which Amendments Are Related To The 23rd Amendment Of Indian Constitution?
23rd Amendment-related laws include the 8th, 45th, 62nd, 79th, and 95th Amendments.