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Statement of Objects and Reasons appended to the
Constitution(Eighty Sixth Amendment) Bill 1999 which was enacted as the Constitution (Eighty Second 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 tribal people of Arunachal Pradesh. These laws prohibit 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 lo
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 at 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.". |