45th Amendment of the Indian Constitution

The 45th Amendment of the Indian Constitution is often referred to as The Constitution (Forty-Fifth Amendment) Act of 1980.

It is the amendment of Article 334 of the Constitution of India. This act increased the time of seat reservations for the Scheduled Castes (SC) and Scheduled Tribes (ST) as well as gave the special representation of the Anglo-Indian community in the Lok Sabha and the State Legislative Assemblies for a further duration of ten years, or up to January 26, 1990.

Let’s get to know more about the 45th Amendment of the Indian Constitution through this blog. This article gives in-depth information about the 45th Amendment of the Indian Constitution.

This will be helpful in your UPSC preparation. It is covered in the Indian Polity syllabus for the UPSC.

45th Amendment of the Indian Constitution: Explained

The Forty-Fifth Amendment to the Indian Constitution makes few changes, especially for the lower caste of society in India.

Through this constitutional amendment, the Scheduled Castes (SC) and the Scheduled Tribe’s (ST) reservation in Parliament and the State Assemblies and the representation of the Anglo-Indian community by nomination got extended for a further period of ten years, i.e., January 26, 1990.

Article 334 of the Constitution of India, was originally used to state that reservation of seats and special representation to cease after a certain period, i.e., till the year 1960.

However, later through the 8th Amendment of the Indian Constitution, it got extended to 1970, and the 23rd Amendment of the Indian Constitution extended this period to 1980, and further in the 45th Amendment of the Indian Constitution, it got extended to 1990.

The article was further extended till 2000, 2010, 2020, and 2030 by the 62nd, 79th, 95th, and 104th Amendments of the Indian Constitution respectively.

Related Reading: 44th Amendment of the Indian Constitution | Indian Polity Notes

Objects and Reason

The provisions relating to the representation of the Anglo-Indian community through a nomination in the Lok Sabha and in the Legislative Assemblies of the States, as well as the reservation of seats for the Scheduled Castes and Scheduled Tribes, cease to be in effect thirty years after the Constitution’s founding, according to Article 334 of the Indian Constitution.

Even though the Scheduled Castes and Scheduled Tribes have achieved considerable progress over the past 30 years, the factors that the Constituent Assembly considered when it came to the aforesaid reservations and member nominations still exist.

Therefore, it was suggested to extend the period of reservation for the Scheduled Castes (SC) and Scheduled Tribes (ST) for another 10 years, as well as the nomination-based representation of Anglo-Indians.

Important provision

The 45th amendment of the Indian Constitution amended Article 334 of the Indian Constitution.

This was done to ensure that the provisions pertaining to the reservation of seats for the Scheduled Castes and the Scheduled Tribes as well as the nomination-based special representation of the Anglo-Indian community in the Lok Sabha and in the Legislative Assemblies of the States would remain in effect for an additional ten years, or up to January 26, 1990.

Proposal and enactment

The Constitution (Forty-fifth Amendment) Bill, 1980, was first introduced in the Lok Sabha. This was presented on January 23, 1980.

Zail Singh presented this bill in the Lower House of Parliament. He was the minister of Home Affairs at that time.

The Lok Sabha considered the bill on January 24, 1980, and it was approved in its original form.

On January 25, 1980, the Rajya Sabha debated the bill and approved it. Following State approval, the law was approved by then-President Neelam Sanjiva Reddy.

April 14, 1980, saw the approval of the bill. That day it was also published in The Gazette of India. It became operative going back to January 25, 1980.

Ratification

The 45th Amendment Act got approved in adherence with Article 368 of the Indian Constitution. It got approved by more than 50% of the Indian State legislatures.

Following are the States that ratified the amendment, namely- Andhra Pradesh, Kerala, Nagaland, Madhya Pradesh, Karnataka, Manipur, Sikkim, Meghalaya, Tripura, Haryana, Jammu and Kashmir, West Bengal, and Himachal Pradesh, are among the states that fall under this category. 

Assam, Odisha, Bihar, Gujarat, Tamil Nadu, Maharashtra, Punjab, Rajasthan, and Uttar Pradesh are the states that did not ratify the legislation.

You Might Also Like: 46th Amendment of the Indian Constitution

Conclusion

The 45th Amendment of the Indian Constitution amended Article 334 of the Constitution of India, extending the period of reservation and special representation by ten years to date January 26, 1990, for the upliftment of the lower caste society of India.

FAQs related to the 45th Amendment of the Indian Constitution