THE CONSTITUTION (FIFTY-FIFTH AMENDMENT) ACT, 1986

THE CONSTITUTION (FIFTY-FIFTH AMENDMENT) ACT, 1986

Statement of Objects and Reasons appended to the Constitution
(Fifty-fifth Amendment) Bill, 1986 which was enacted as
THE CONSTITUTION (Fifty-fifth Amendment) Act, 1986

STATEMENT OF OBJECTS AND REASONS

The Government of India have proposed to confer statehood on the Union
territory of Arunachal Pradesh. It has also been proposed as
follows:-

(i) Having regard to the sensitive location of Arunachal Pradesh, the
Governor of the proposed new State shall have special responsibility
with respect to law and order in the State and in the discharge of his
functions thereto, the Governor shall, after consulting the Council of
Ministers, exercise his individual judgment as to the action to be
taken and this special responsibility of the Governor shall cease when
the President by order so directs;

(ii) the Legislative Assembly of the new State of Arunachal Pradesh
shall consist of forty members. But as it is proposed to make the
existing thirty-member Legislative Assembly of the Union territory of
Arunachal Pradesh to be the provisional Legislative Assembly for the
new State of Arunachal Pradesh until elections are held on the expiry
of the five year term of the existing Assembly, it is proposed to
provide that the Legislative Assembly of the new State of Arunachal
Pradesh shall consist of not less than thirty members.

2. In order to give effect to the above proposals, it is necessary to
make special provisions in the Constitution. This Bill accordingly
seeks to amend the Constitution to provide for the aforesaid matters.
A separate Bill for the establishment of the new State relatable to
article 2 is also being introduced.

NEW DELHI; BUTA SINGH.

The 1st December, 1986.

THE CONSTITUTION (FIFTY-FIFTH AMENDMENT)
ACT, 1986

[23rd December, 1986.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Thirty-seventh Year of the Republic
of India as follows:-

1. Short title and commencement.-(1) This Act may be called the
Constitution (Fifty-fifth Amendment) Act, 1986.

(2) It shall come into force on such date_673 as the Central
Government may, by notification in the Official Gazette, appoint.

2. Insertion of new article 371H.- After article 371G of
the Constitution, the following article shall be inserted, namely:-

"371H. Special provision with respect to the State of Arunachal
Pradesh.- Notwithstanding anything in this Constitution,-

(a) the Governor of Arunachal Pradesh shall have special
responsibility with respect to law and order in the State of Arunachal
Pradesh and in the discharge of his functions in relation thereto, the
Governor shall, after consulting the Council of Ministers, exercise
his individual judgment as to the action to be taken:

Provided that if any question arises whether any matter is or is not a
matter as respects which the Governor is under this clause required to
act in the exercise of his individual judgment, the decision of the
Governor in his discretion shall be final, and the validity of
anything done by the Governor shall not be called in question on the
ground that he ought or ought not to have acted in the exercise of his
individual judgment:

Provided further that if the President on receipt of a report from the
Governor or otherwise is satisfied that it is no longer necessary for
the Governor to have special responsibility with respect to law and
order in the State of Arunachal Pradesh, he may by order direct that
the Governor shall cease to have such responsibility with effect from
such date as may be specified in the order;

(b) the Legislative Assembly of the State of Arunachal Pradesh shall
consist of not less than thirty members.".