THE CONSTITUTION (SEVENTH-SIXTH AMENDMENT) ACT, 1994
SECTION OF: 1-4
SEVENTH-SIXTH AMENDMENT
Statement of Objects and Reasons appended to the Constitution(Eighty-fifth Amendment) Bill, 1994 which was enacted asTHE CONSTITUTION (Seventy-sixth Amendment) Act, 1994
STATEMENT OF OBJECTS AND REASONS
The policy of reservation of seats in Educational Institutions andreservation of appointments of posts in public services for BackwardClasses, Scheduled Castes and Scheduled Tribes has had a long historyin Tamil Nadu dating back to the year 1921. The extent of reservationhas been increased by the State Government from time to time,consistent with the needs of the majority of the people and it has nowreached the level of 69 per cent. (18 per cent. Scheduled Castes, 1per cent. Scheduled Tribes and 50 per cent. Other Backward Classes).
2. The Supreme Court delivered its judgment in Indira Sawhney andothers Vs. Union of India and Others (AIR 1993 SC 477) on 16thNovember, 1992, holding that the total reservations under article16(4) should not exceed 50 per cent.
3. The issue of admission to educational institutions for theacademic year 1993-94 came up before the High Court of Madras in awrit petition. The High Court of Madras held that the Tamil NaduGovernment could continue its reservation policy as hitherto followedduring that academic year and that the quantum of reservation shouldbe brought down to 50 per cent. during the academic year 1994-95.The Government of Tamil Nadu had filed a Special Leave Petitionagainst the High Court of Madras in order that the present reservationpolicy of the State Government should be reaffirmed so as to ensure tocontinue advancement of the Backward Classes. However, the SupremeCourt of india passed an interim order reiterating that thereservation should not exceed 50 per cent. in the matter of admissionto educational institutions.
4. In the special Session of Tamil Nadu Legislative Assembly held on9th November, 1993, it had been unanimously resolved to call upon theCentral Government to take steps immediately to bring a suitableamendment to the Constitution of India as to enable the Government ofTamil Nadu to continue its policy of 69 per cent. reservation inGovernment Services and for admission in Educational Institutions asat present. An all parties meeting had also been held on 26thNovember, 1993 in Tamil Nadu urging that there should not be any doubtor delay in ensuring the continued implementation of 69 per cent.reservation for the welfare and advancement of the backward classes.
5. The Tamil Nadu Government enacted a legislation namely Tamil NaduBackward Classes, Scheduled Castes and Scheduled Tribes (Reservationof Seats in Educational Institution and of appointments or posts inthe Services under the State) Bill, 1993 and forwarded it to theGovernment of India for consideration of the President of India interms of article 31-C of the Constitution.
6. In view of the importance and sensitive nature of the matter, theUnion Home Minister held meetings with the leaders of PoliticalParties on 13th July, 1994 to discuss the provisions of the Bill. Thegeneral consensus among the leaders was that the Bill should beassented to. Accordingly, the President gave his assent to the Billon 19th July, 1994.
7. The Tamil Nadu Government accordingly notified the Tamil NaduBackward Classes, Schedule Castes and Scheduled Tribes (Reservation ofSeats in Educational Institutions and of appointment or posts in theServices under the State) Act, 1993 as Act No. 45 of 1994 on 19thJuly, 1994.
8. The Tamil Nadu Government requested the Government of India on22nd July, 1994 that the aforementioned Tamil Nadu Act 45 of 1994 beincluded in the Ninth Schedule to the Constitution of India for thereasons given below:-
"The said Act attracts article 31C of the Constitution, as fallingwithin the purview of clauses (b) and (c) of article 39 and articles38 and 46 of the Constitution-vide section 2 of the Act. The Act hasbeen passed relying on the directive principles of State Policyenshrined in Part IV of the Constitution and in particular, articles38, 39 (b) and (c) and 46 of the Constitution. As the Act is to giveeffect to the directive principles of State Policy contained, interalia, in article 39(b) and (c), the said Act will get the protectionof article 31C of the Constitution and therefore, cannot be challengedunder articles 14 and 19 of the Constitution, with reference to whicharticle 14, the reservation exceeding 50 per cent. has been struckdown by the Supreme Court. Now it has been decided to address theGovernment of India for including the Act in the Ninth Schedule to theConstitution, so that the law cannot be challenged as violative of anyof the fundamental rights contained in Part III of the Constitutionincluding articles 15 and 16, and gets protection under article 31B ofthe Constitution."
9. The Government of India has already supported the provision of theState legislation by giving the President's assent to the Tamil NaduBill. As a corollary to this decision, it is now necessary that theTamil Nadu Act 45 of 1994 is brought within the purview of the NinthSchedule to the Constitution so that it gets protection under article31B of the Constitution in regard to the judicial review.
10. The Bill seeks to achieve the aforementioned objective.
NEW DELHI; SITARAM KESRI.
The 23rd August, 1994.
THE CONSTITUTION (SEVENTH-SIXTH AMENDMENT) ACT, 1994
[31st August, 1994.]
An Act further to amend the Constitution of India.
BE it enacted by Parliament in the Forty-fifth Year of the Republic ofIndia as follows:-
1. Short title.-This Act may be called the Constitution(Seventy-sixth Amendment) Act, 1994.
2. Amendment of the Ninth Schedule.-In the Ninth Schedule to theConstitution, after entry 257 and before the Explanation, thefollowing entry shall be inserted, namely:-
"257A. The Tamil Nadu Backward Classes, Scheduled Castes andScheduled Tribes (Reservation of Seats in Educational Institution andof Appointments or Posts in the Services under the State) Act, 1993(Tamil Nadu Act 45 of 1994).".
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