THE CONSTITUTION (TWENTY-SECOND AMENDMENT) ACT, 1969

THE CONSTITUTION (TWENTY-SECOND AMENDMENT) ACT, 1969

Statement of Objects and Reasons appended to the Constitution
(Twenty-second Amendment) Bill, 1968 (Bill No. 113 of 1968) which was
enacted as THE CONSTITUTION (Twenty-second Amendment) Act, 1969

STATEMENT OF OBJECTS AND REASONS

On the 11th September, 1968, the Government of India announced the
broad details of the scheme for constituting within the State of Assam
an autonomous State comprising certain areas specified in Part A of
the table appended to paragraph 20 of the Sixth Schedule to the
Constitution. Clause 2 of the Bill seeks to insert a new article 244A
in the Constitution to confer the necessary legislative power on
Parliament to enact a law for constituting the autonomous State and
also to provide the autonomous State with a Legislature and a Council
of Ministers with such powers and functions as may be defined by that
law.

Clause 3 of the Bill makes a consequential amendment to article 275 in
regard to certain special grants payable to the State of Assam in
respect of the areas which may form part of the autonomous State.

Clause 4 of the Bill provides for the constitution of a committee of
the Assam Legislative Assembly consisting of members of that Assembly
from the tribal areas aforesaid and a few other members of that
Assembly, as envisaged in the scheme.

NEW DELHI; Y. B. CHAVAN.

The 12th November, 1968.

THE CONSTITUTION (TWENTY-SECOND AMENDMENT) ACT, 1969

[25th September, 1969.]

An Act further to amend the Constitution of India.

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

1. Short title.- This Act may be called the Constitution
(Twenty-second Amendment) Act, 1969.

2. Insertion of new article 244A.-In Part X of the Constitution,
after article 244, the following article shall be inserted, namely:-

244A.-Formation of an autonomous State comprising certain tribal areas
in Assam and creation of local Legislature or Council of Ministers or
both therefor.-(1) Notwithstanding anything in this Constitution,
Parliament may, by law, form within the State of Assam an autonomous
State comprising (whether wholly or in part) all or any of the tribal
areas specified in Part A of the table appended to paragraph 20 of the
Sixth Schedule and create therefor-

(a) a body, whether elected or partly nominated and partly elected, to
function as a Legislature for the autonomous State, or

(b) a Council of Ministers,

or both with such constitution, powers and functions, in each case, as
may be specified in the law.

(2) Any such law as is referred to in clause (1) may, in particular,-

(a) specify the matters enumerated in the State List or the Con-
current List with respect to which the Legislature of the autonomous
State shall have power to make laws for the whole or any part thereof,
whether to the exclusion of the Legislature of the State of Assam or
otherwise;

(b) define the matters with respect to which the executive power of
the autonomous State shall extend;

(c) provide that any tax levied by the State of Assam shall be
assigned to the autonomous State in so far as the proceeds thereof are
attributable to the autonomous State;

(d) provide that any reference to a State in any article of this
Constitution shall be construed as including a reference to the
autonomous State; and

(e) make such supplemental, incidental and consequential provisions as
may be deemed necessary.

(3) An amendment of any such law as aforesaid in so far as such
amendment relates to any of the matters specified in sub-clause (a) or
sub-clause (b) of clause (2) shall have no effect unless the amendment
is passed in each House of Parliament by not less than two-thirds of
the members present and voting.

(4) Any such law as is referred to in this article shall not be deemed
to be an amendment of this Constitution for the purposes of article
368 notwithstanding that it contains any provision which amends or has
the effect of amending this Constitution.".

3. Amendment of article 275.-In article 275 of the Constitution,
after clause (1), the following clause shall be inserted, namely:-

"(1A) On and from the formation of the autonomous State under article
244A-

(i) any sums payable under clause (a) of the second proviso to clause
(1) shall, if the autonomous State comprises all the tribal areas
referred to therein, be paid to the autonomous State, and, if the
autonomous State comprises only some of those tribal areas, be
apportioned between the State of Assam and the autonomous State as the
President may, by order, specify;

(ii) there shall be paid out of the Consolidated Fund of India as
grants-in-aid of the revenues of the autonomous State sums, capital
and recurring, equivalent to the costs of such schemes of development
as may be undertaken by the autonomous State with the approval of the
Government of India for the purpose of raising the level of
administration of that State to that of the administration of the rest
of the State of Assam.".

4. Insertion of new article 371B.-After article 371A of the
Constitution, the following article shall be inserted, namely:-

"371B. Special provision with respect to the State of Assam.-
Notwithstanding anything in this Constitution, the President may, by
order made with respect to the State of Assam, provide for the
constitution and functions of a committee of the Legislative Assembly
of the State consisting of members of that Assembly elected from the
tribal areas specified in Part A of the table appended to paragraph 20
of the Sixth Schedule and such number of other members of that
Assembly as may be specified in the order and for the modifications to
be made in the rules of procedure of that Assembly for the
constitution and proper functioning of such committee.".