THE CONSTITUTION (FIFTY-SEVENTH AMENDMENT) ACT, 1987
SECTION OF: 1-4
FIFTY-SEVENTH AMENDMENT
Statement of Objects and Reasons appended to the Constitution(Fifty-eighth Amendment) Bill, 1987 which was enacted asTHE CONSTITUTION (Fifty-seventh Amendment) Act, 1987
STATEMENT OF OBJECTS AND REASONS
The Constitution (Fifty-first Amendment) Act, 1984 was enacted toprovide for reservation of seats in the House of the People for theScheduled Tribes in Nagaland, Meghalaya, Mizoram and Arunachal Pradeshand also for reservation of seats for Scheduled Tribes in theLegislative Assemblies of Nagaland and Meghalaya by suitably amendingarticles 330 and 332. Even though these States are predominantlytribal areas, the underlying objective of the aforesaid Act was toensure that the members of the Scheduled Tribes in these areas do notfair to secure a minimal representation because of their inability tocomplete with the advanced sections of the people.
2. The Constitution (Fifty-first Amendment) Act, though formallyenforced, cannot be fully implemented unless parallel action is takento determine the seats which are to be reserved for Scheduled Tribesin these areas. The number of seats reserved for Scheduled Castes andScheduled Tribes in the Legislative Assembly of any State underarticle 332 of the Constitution will have to be determined havingregard to the provisions of article 332(3) of the Constitution.However, in view of the historical background with respect to theareas comprised in the North-Eastern States, the circumstancesobtaining in these areas in the state of development of the ScheduledTribes in these areas and other relevant considerations, it isconsidered necessary to provide for special arrangements with regardto the reservation for Scheduled Tribes in these areas for a temporaryperiod so as to facilitate easy transition of these areas to thenormal arrangements as envisaged in the Constitution. It is,therefore, proposed to further amend article 332 of the Constitutionfor making a temporary provision, until the re-adjustment of seats onthe basis of the first census after the year 2000 under article 170 ofthe Constitution for these States, for the determination of the numberof seats reserved for Scheduled Tribes.
3. The proposed amendment seeks to provide that if all the seats inthe Legislative Assembly of such States in existence on the date ofcoming into force of this Constitution Amendment Act are held by themembers of the Scheduled Tribes, all the seats except one shall bereserved for Scheduled Tribes and in any other case such number ofseats as bears to the total number of seats a proportion not less thanthe number of members belonging to the Scheduled Tribes in theexisting Assembly bears to the total number of seats in the existingAssembly.
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 Republicof India as follows:-
1. Short title and commencement.-(1) This Act may be called theConstitution (Fifty-seventh Amendment) Act, 1987.
(2) It shall come into force on such date_675 as the CentralGovernment may, by notification in the Official Gazette, appoint.
2. Amendment of article 332.-(1) In article 332 of theConstitution, after clause (3), the following clause shall beinserted, namely:-
"(3A) Notwithstanding anything contained in clause (3), until thetaking effect, under article 170, of the re-adjustment, on the basisof the first census after the year 2000, of the number of seats in theLegislative Assemblies of the States of Arunachal Pradesh, Megha-laya, Mizoram and Nagaland, the seats which shall be reserved for theScheduled Tribes in the Legislative Assembly of any such State shallbe,-
(a) if all the seats in the Legislative Assembly of such State inexistence on the date of coming into force of the Constitution(Fifty-seventh Amendment) Act, 1987 (hereafter in this clause referredto as the existing assembly) are held by members of the ScheduledTribes, all the seats except one;
(b) in any other case, such number of seats as bears to the totalnumber of seats, a proportion not less than the number (as on the saiddate) of members belonging to the Scheduled Tribes in the existingAssembly bears to the total number of seats in the existingAssembly.".
(2) The amendment made to article 332 of the Constitution by sub-section (1) shall not affect any representation in the LegislativeAssembly of the State of Arunachal Pradesh or the Legislative Assemblyof the State of Meghalaya or the Legislative Assembly of the State ofMizoram or the Legislative Assembly of the State of Nagaland until thedissolution of the Legislative Assembly of the State of ArunachalPradesh or the Legislative Assembly of the State of Meghalaya or theLegislative Assembly of the State of Mizoram or the LegislativeAssembly of the State of Nagaland existing at the commencement of thisAct.
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