98th Amendment Of Indian Constitution

The 98th Amendment of Indian Constitution is officially known as the Constitution (98th Amendment) Act, 2012. This amendment saw the introduction of Article 371-J into the Indian Constitution. This amendment act is concerned with providing special provisions to empower the Governor of Karnataka. This in turn would help in taking the required measures for the development of the Hyderabad-Karnataka region of the State of Karnataka. Read on to learn more about the 98th Amendment Act of the Constitution of India such as its background, salient features, facts, date enacted, the Statement of Objects and Reasons, prominent people involved, and the important provisions of this amendment.

Background

Being a diverse nation, India is home to several communities. Several factors such as historical, geographical, economic, and political factors contribute to maintaining this diversity. At times, certain sections of communities feel alienated due to government policies. This gives rise to demands for a separate territory in the form of a new state or a country. This harms the internal security of a nation.

The same was seen in the Hyderabad-Karnataka region of the State of Karnataka. After the establishment of new political boundaries, some parts of Hyderabad fell under Andhra Pradesh while some fell under Karnataka. The Hyderabad-Karnataka region was made up of about 30% tribal population. It required a separate administration. The said region was imparted special status under Article 371-J. It was introduced as immunity against the imposition of some Central and State laws.

Salient Features and Facts

The 98th Amendment Act of the Indian Constitution was enacted by the Parliament. It was done in the 63rd year of the Republic of India. It received approval from then President, Pranab Mukherjee. It was published in the Gazette of India. The Central Government has the authority to appoint the date on which the amendment act shall come into effect. It may be done through a notification in the Official Gazette. The 98th Amendment Act came into force after Article 371-J was introduced in the Indian Constitution.

Date Enacted

The Constitution (98th Amendment) Act, 2012 was enforced on January 1, 2013.

Statement of Objects and Reasons

The Statement of Objects and Reasons for the enactment of the Constitution (98th Amendment) Act, 2012 has been summarized below.

On March 17, 2010, a resolution was passed by the Legislative Assembly of Karnataka. A similar resolution was also passed on March 18, 2010, by the Legislative Council of the State. These resolutions were for providing special provisions to the Hyderabad-Karnataka region of the State of Karnataka. The necessity for such special provisions had been favored by the Government of Karnataka. The fast-paced development of the most backward region of the State was the aim of these resolutions. In addition to that, the inter-regional and inter-district discrepancies in the State had to be brought down as much as possible. Keeping in view the purpose of inclusive growth, these had to be done.

To meet the developmental needs of the above-mentioned region, equitable allocation of funds would be required. The purpose of providing special provisions is to establish an institutional mechanism for this. It is also to improve human resources and increase employment within that region. This may be achieved by providing for local cadres in service and through the reservations available in institutions of education as well as vocational training. All of this is possible by an amendment to the Indian Constitution.

Article 371-J was proposed to be inserted into the Constitution of India. According to this article, special provisions can be made possible for the erstwhile Hyderabad-Karnataka region of the State of Karnataka. This area would comprise districts of Bidar, Gulbarga, Koppal, Raichur, and Yadgir. It may also include the Bellary District. The article presented as a special provision aims to achieve the following-

(a) for the region mentioned above, a separate Development Board is to be established;

(b) for the development of the said region, equitable allocation of funds is to be provided. However, this is subject to the needs of the whole State;

(c) for public employment, reservations must be provided. 

(d) for the domiciles of the region, educational as well as vocational training institutions must provide reservations. For domiciles of that region, it can be done through the constitution of local cadres.

The above-mentioned objectives are what the bill seeks to achieve.

Prominent People Involved

Pranab Mukherjee, the then President of India approved the bill which was enacted as the 98th Amendment of the Indian Constitution.

Important Provisions In 98th Amendment Of Indian Constitution

The special provisions provided by the 98th Amendment Act of the Indian Constitution have been explained below.

A new article 371-J is to be introduced into the Constitution of India. This article must follow Article 371-I in the Constitution, namely-

371-J. Special provisions for the State of Karnataka.-

(1) The President has the authority to assign special responsibility to the Governor. He may do so by issuing an order for the State of Karnataka for the following purposes-

(a) The Hyderabad-Karnataka region must have a distinct Development Board. This shall be established with the provision that the working of the board must be documented in the form of a report. This report shall be presented before the State Legislative Assembly each year.

(b) The above-mentioned region requires an equitable allocation of funds. These funds are to be used as a developmental expenditure. However, it is subject to the needs of the State as a whole; and

(c) The people of the Hyderabad-Karnataka region must be provided equitable opportunities and facilities. This applies in the domain of education, vocational training, and public employment. This too is subject to the needs of the State as a whole.

(2) Clause (1) has a sub-clause (c). An order made under this sub-clause may provide for-

(a) reservation on a certain number of seats in the institutions of education and vocational training. This reservation applies only to students of the Hyderabad-Karnataka region. Such students who belong to that region either by birth or domicile may be offered these reservations; and

(b) The posts or classes of posts under the State Government and in any organization or body of the Hyderabad-Karnataka region need to be identified. A certain portion of these posts shall be reserved for the people who belong to the above region either by birth or by domicile. The order may also specify the appointment thereto for these posts. It may be done either by direct recruitment or by promotion in any manner.

Summing Up

The 98th Amendment Act of the Indian Constitution was an important step in providing a separate administration for the Hyderabad-Karnataka region of the State of Karnataka. Article 371-J provided special provisions for the people of the said region. Reservations of a certain proportion of seats under Article 317-J were put in place for educational institutions, vocational training institutions, public employment, etc. A separate Development Board was put in place and the progress of the region was prioritized under this amendment act. 

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