THE CONSTITUTION (TWENTY-THIRD AMENDMENT) ACT, 1969

THE CONSTITUTION (TWENTY-THIRD AMENDMENT) ACT, 1969

Statement of Objects and Reasons appended to the Constitution
(Twenty-third Amendment) Bill, 1969 which was enacted as the
Constitution (Twenty-Third Amendment) Act, 1969

STATEMENT OF OBJECTS AND REASONS

Article 334 of the Constitution lays down that the provisions of the
Constitution relating to the reservation of seats for the Scheduled
Castes and Scheduled Tribes and the representation of the Anglo-Indian
community by nomination in the House of the People and the Legislative
Assemblies of the States shall cease to have effect on the expiration
of a period of twenty years from the commencement of the Constitution.
Although the Scheduled Castes and Scheduled Tribes have made
considerable progress in the last twenty years, the reasons which
weighed with the Constituent Assembly in making provisions with regard
to the aforesaid reservation of seats and nomination of members, have
not cheapest to exist. It is, therefore, proposed to continue the
reservation for the Scheduled Castes and the Scheduled Tribes and the
representation of Anglo-Indians by nomination for a further period of
ten years.

2. More than ninety per cent. of the population of the State of
Nagaland, which came into being in 1963, in tribal. It would be
anomalous to make revision for reservation for Scheduled Castes and
Scheduled Tribes in Legislatures in the States where they are in a
majority. It is, therefore, proposed, as desired by the Government of
Nagaland, not to make any reservation for the Scheduled Tribes in
Nagaland either in the House of the People or in the State Legislative
Assembly. Articles 330 and 332 of the Constitution are being amended
for this purpose.

3. Under article 333 of the Constitution, the number of
Anglo-Indians, who may be nominated to the State Legislative
Assemblies, is left to the discretion of the Governor. It is now
proposed to amend that article so as to provide that not more than one
Anglo-Indian should be nominated by the Governor to any State
Legislative Assembly. This amendment will not however affect
representation of the Anglo-Indian community in the existing
Legislative Assemblies until their dissolution.

NEW DELHI; P. GOVINDA MENON.

The 11th August, 1969.

THE CONSTITUTION (TWENTY-THIRD AMENDMENT) ACT, 1969

[23rd January, 1970.]

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-third
Amendment) Act, 1969.

2. Amendment of article 330.-In article 330 of the Constitution, in
sub-clause (b) of clause (1), for the words "except the Scheduled
Tribes in the tribal areas of Assam", the words "except the Scheduled
Tribes in the tribal areas of Assam and in Nagaland" shall be
substituted.

3. Amendment of article 332.-In article 332 of the Constitution, in
clause (1), for the words "except the Scheduled Tribes in the tribal
areas of Assam", the words "except the Scheduled Tribes in the tribal
areas of Assam and in Nagaland" shall be substituted.

4. Amendment of article 333.-(1) In article 333 of the Constitution,
for the words "nominate such number of members of the community to the
Assembly as he considers appropriate", the words "nominate one member
of that community to the Assembly" shall be substituted.

(2) Nothing contained in sub-section (1) shall affect any
representation of the Anglo-Indian community in the Legislative
Assembly of any State existing at the commencement of this Act until
the dissolution of that Assembly.

5. Amendment of article 334.-In article 334 of the Constitution, for
the words "twenty years", the words "thirty years" shall be
substituted.