THE CONSTITUTION (FIFTY-SEVENTH AMENDMENT) ACT, 1987

THE CONSTITUTION (FIFTY-SEVENTH AMENDMENT) ACT, 1987

Statement of Objects and Reasons appended to the Constitution
(Fifty-eighth Amendment) Bill, 1987 which was enacted as
THE CONSTITUTION (Fifty-seventh Amendment) Act, 1987

STATEMENT OF OBJECTS AND REASONS

The Constitution (Fifty-first Amendment) Act, 1984 was enacted to
provide for reservation of seats in the House of the People for the
Scheduled Tribes in Nagaland, Meghalaya, Mizoram and Arunachal Pradesh
and also for reservation of seats for Scheduled Tribes in the
Legislative Assemblies of Nagaland and Meghalaya by suitably amending
articles 330 and 332. Even though these States are predominantly
tribal areas, the underlying objective of the aforesaid Act was to
ensure that the members of the Scheduled Tribes in these areas do not
fair to secure a minimal representation because of their inability to
complete with the advanced sections of the people.

2. The Constitution (Fifty-first Amendment) Act, though formally
enforced, cannot be fully implemented unless parallel action is taken
to determine the seats which are to be reserved for Scheduled Tribes
in these areas. The number of seats reserved for Scheduled Castes and
Scheduled Tribes in the Legislative Assembly of any State under
article 332 of the Constitution will have to be determined having
regard to the provisions of article 332(3) of the Constitution.
However, in view of the historical background with respect to the
areas comprised in the North-Eastern States, the circumstances
obtaining in these areas in the state of development of the Scheduled
Tribes in these areas and other relevant considerations, it is
considered necessary to provide for special arrangements with regard
to the reservation for Scheduled Tribes in these areas for a temporary
period so as to facilitate easy transition of these areas to the
normal arrangements as envisaged in the Constitution. It is,
therefore, proposed to further amend article 332 of the Constitution
for making a temporary provision, until the re-adjustment of seats on
the basis of the first census after the year 2000 under article 170 of
the Constitution for these States, for the determination of the number
of seats reserved for Scheduled Tribes.

3. The proposed amendment seeks to provide that if all the seats in
the Legislative Assembly of such States in existence on the date of
coming into force of this Constitution Amendment Act are held by the
members of the Scheduled Tribes, all the seats except one shall be
reserved for Scheduled Tribes and in any other case such number of
seats as bears to the total number of seats a proportion not less than
the number of members belonging to the Scheduled Tribes in the
existing Assembly bears to the total number of seats in the existing
Assembly.

4. The Bill seeks to achieve the above object.

NEW DELHI; BUTA SINGH.

The 25th August, 1987.

THE CONSTITUTION (FIFTY-SEVENTH AMENDMENT)
ACT, 1987

[15th September, 1987.]

An Act further to amend the Constitution of India.

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

1. Short title and commencement.-(1) This Act may be called the
Constitution (Fifty-seventh Amendment) Act, 1987.

(2) It shall come into force on such date_675 as the Central
Government may, by notification in the Official Gazette, appoint.

2. Amendment of article 332.-(1) In article 332 of the
Constitution, after clause (3), the following clause shall be
inserted, namely:-

"(3A) Notwithstanding anything contained in clause (3), until the
taking effect, under article 170, of the re-adjustment, on the basis
of the first census after the year 2000, of the number of seats in the
Legislative Assemblies of the States of Arunachal Pradesh, Megha-
laya, Mizoram and Nagaland, the seats which shall be reserved for the
Scheduled Tribes in the Legislative Assembly of any such State shall
be,-

(a) if all the seats in the Legislative Assembly of such State in
existence on the date of coming into force of the Constitution
(Fifty-seventh Amendment) Act, 1987 (hereafter in this clause referred
to as the existing assembly) are held by members of the Scheduled
Tribes, all the seats except one;

(b) in any other case, such number of seats as bears to the total
number of seats, a proportion not less than the number (as on the said
date) of members belonging to the Scheduled Tribes in the existing
Assembly bears to the total number of seats in the existing
Assembly.".

(2) The amendment made to article 332 of the Constitution by sub-
section (1) shall not affect any representation in the Legislative
Assembly of the State of Arunachal Pradesh or the Legislative Assembly
of the State of Meghalaya or the Legislative Assembly of the State of
Mizoram or the Legislative Assembly of the State of Nagaland until the
dissolution of the Legislative Assembly of the State of Arunachal
Pradesh or the Legislative Assembly of the State of Meghalaya or the
Legislative Assembly of the State of Mizoram or the Legislative
Assembly of the State of Nagaland existing at the commencement of this
Act.