Statement
of Objects and Reasons appended to the Constitution(Eighty Sixth Amendment) Bill 1999
which was enacted as the Constitution (Eighty
Third Amendment) Act 2000 The
Constitution (Seventy-third Amendment) Act. 1992 was brought into force with effect
from the 24th April, 1993. The said Act provided that within one year from date of
commencement of that Act, all the States shall amend their local laws to bring them
in conformity with the new provisions under the Constitution. This exercise will
required to be completed before the 23rd April, 1994. 2.
Article 243D provides for reservation for the Scheduled Castes and the Scheduled
Tribes in every Panchayat. Arunachal Pradesh is a State inhabited fully by
indigenous tribal people. No Scheduled Castes exist in the State. No reservation of seats
for the Scheduled Castes has been made in the State Legislative Assembly and no
provisions exist under any law to that effect. There is also no reservation for the
Scheduled Castes in State Government services. 3.
The Bengal Eastern Frontier Regulation, 1873 and the Chin Hill Regulations, 1896 provide
special protection and safeguard for the peaceful existence of the indigenous tirbal
people of Arunachal Pradesh. These laws probihit the entry of outsiders in the tribal area
without "Inner Line Permit". Only the indigenous tribal people are allowed to
participate in the democratic process. 4. The
tribal society in Arunachal Pradesh is, casteless where social equality
among men and women has prevailed over centuries and ages. Since no Scheduled Castes
exist in the State and the State of Arunachal Pradesh is singularly free
from the caste system, it is proposed to insert a new clause (3A) in
article 243M of the Constitution of India, to exempt the State of
Arunachal Pradesh from the application of article 243D relating to the reservation
of seats in Panchayats for the Scheduled Castes. 5.
This will provide a legal and constitutional basis for Panchayat Raj Institutions in
Arunachal Pradesh in accordance with the socio-political ethos of the State. 6.
The Bill seeks to achieve the aforesaid objective. SUNDER
LAL PATWA New
Delhi; The 16th December, 1999 THE CONSTITUTION (EIGHTY-THIRD AMENDMENT) ACT, 2000 [8th September, 2000] An Act further to amend the Constitution
of India. BE it enacted by Parliament in the Fifty-first Year of the Republic of
India as follows:— 1. Short title: This Act may be called the Constitution
(Eighty-third Amendment) Act, 2000 2. Amendment of
article 243M: In article 243M of the Constitution, after clause (3), the following
clause shall be inserted namely:- "(3A) Nothing in article 243D, relating to reservation of seats
for the Scheduled Castes, shall apply to the State of
Arunachal Pradesh.". |