Twenty-third Amendment of the Constitution of India explained

Short Title:The Constitution (Twenty-third Amendment) Act, 1969
Legislature:Parliament of India
Long Title:An Act further to amend the Constitution of India.
Citation:23rd Amendment
Territorial Extent:India
Enacted By:Lok Sabha
Date Passed:9 December 1969
Enacted By2:Rajya Sabha
Date Passed2:17 December 1969
Date Assented:23 January 1970
Date Commenced:23 January 1970
Bill:The Constitution (Twenty-third Amendment) Bill, 1969
Bill Date:21 August 1969
Introduced By:Panampilly Govinda Menon
Related Legislation:8th, 45th, 62nd, 79th and 95th Amendments
Summary:Discontinued reservation of seats for the Scheduled Tribes in Nagaland, both in the Lok Sabha and the State Legislative Assembly; stipulated that not more than one Anglo-Indian could be nominated by the Governor to any State Legislative Assembly; and extended the period of reservation of seats for the Scheduled Castes and Scheduled Tribes and Anglo-Indians in the Lok Sabha and the State Legislative Assemblies till 1980.
Status:amended
Signed By:V. V. Giri

The Twenty-third Amendment of the Constitution of India, officially known as The Constitution (Twenty-third Amendment) 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.

Article 334 of the Constitution had originally required the reservation of seats to cease in 1960, but this was extended to 1970 by the 8th Amendment. The 23rd Amendment extended this period to 1980.[1] The period of reservation was extended to 1990, 2000, 2010, 2020 and 2030 by the 45th, 62nd, 79th, 95th and 104th Amendments respectively.

Text

The full text of Articles 333 and 334, and clause(1) of Article 330, after the 23rd Amendment, are given below:

Proposal and enactment

The Constitution (Twenty-third Amendment) Bill, 1969 (Bill No. 78 of 1969) was introduced in the Lok Sabha on 21 August 1969 by Panampilly Govinda Menon, then Minister of Law. The Bill sought to amend articles 330, 332, 333 and 334 of the Constitution.[2] The full text of the Statement of Objects and Reasons appended to the bill is given below:

The bill was debated by the Lok Sabha on 8 and 9 December, and passed in the original form on 9 December 1969. It was considered by the Rajya Sabha on 16 and 17 December, and passed on 17 December 1969.[2] The bill, after ratification by the States, received assent from then President V. V. Giri on 23 January 1970. It was notified in The Gazette of India and came into force on 23 January 1970.[3] It was notified in The Gazette of India on 26 January 1970.[2]

Ratification

The Act was passed in accordance with the provisions of Article 368 of the Constitution, and was ratified by more than half of the State Legislatures, as required under Clause (2) of the said article. State Legislatures that ratified the amendment are listed below:[2]

  1. Assam
  2. Kerala
  3. Madhya Pradesh
  4. Maharashtra
  5. Mysore
  6. Nagaland
  7. Punjab
  8. Rajasthan
  9. Tamil Nadu
  10. West Bengal

Did not ratify:

  1. Andhra Pradesh
  2. Bihar
  3. Gujarat
  4. Haryana
  5. Jammu and Kashmir
  6. Orissa
  7. Uttar Pradesh

See also

Notes and References

  1. Book: Equality Justice and Reverse Discrimination. Mittal Publications. 17. C.L. Anand. 26 November 2013.
  2. Book: Constitution Amendment in India. 1 January 1995. Northern Book Centre. New Delhi. 40–41;180. 9788172110659. Sixth. R.C. Bhardwaj. 27 November 2013.
  3. Web site: The Constitution (Amendment) Acts . Constitution.org . 2013-11-26.