Eighth Amendment of the Constitution of India: Difference between revisions

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The '''Eighth Amendment''' of the [[Constitution of India]], officially known as '''The Constitution (Eighth Amendment) Act, 1959''', amended article 334 of the Constitution in order to extend the period of reservation of seats for the [[Scheduled Castes and Scheduled Tribes]] and representation of the [[Anglo-Indians]] in the Lok Sabha and the State Legislative Assemblies for ten years, i.e. up to 26 January 1970. Article 334 had stipulated that the reservation of seats should expire within a period of ten years from the commencement of the Constitution (i.e. 26 January 1960).
The '''Eighth Amendment''' of the [[Constitution of India]], officially known as '''The Constitution (Eighth Amendment) Act, 1959''', amended article 334 of the Constitution in order to extend the period of reservation of seats for the [[Scheduled Castes and Scheduled Tribes]] and representation of the [[Anglo-Indians]] in the Lok Sabha and the State Legislative Assemblies for ten years, i.e. up to 26 January 1970. Article 334 had stipulated that the reservation of seats should expire within a period of ten years from the commencement of the Constitution (i.e. 26 January 1960).


The 8th Amendment extended the period for reservations to 1970. The period of reservation was extended to 1980, 1990,<ref>{{cite book|title=Equality Justice and Reverse Discrimination|publisher=Mittal Publications|page=17|url=https://books.google.com/books?id=Ud6XQOz4bhwC&pg=PA450&dq=The+Constitution+%28Eighth+Amendment%29+Act,+1959&hl=en&sa=X&ei=ddeUUtP0JsmHrQeKt4CADw&ved=0CDoQ6AEwAg#v=onepage&q=The%20Constitution%20%28Eighth%20Amendment%29%20Act%2C%201959&f=false|author=C.L. Anand|access-date=26 November 2013}}</ref> 2000, 2010, 2020 and 2030 by the [[Twenty-third Amendment of the Constitution of India|23rd]], [[Forty-fifth Amendment of the Constitution of India|45th]], [[Sixty-second Amendment of the Constitution of India|62nd]], [[Seventy-ninth Amendment of the Constitution of India|79th]], [[Ninety-fifth Amendment of the Constitution of India|95th]] and [[One Hundred and Fourth Amendment of the Constitution of India|104th]] Amendments respectively.
The 8th Amendment extended the period for reservations to 1970. The period of reservation was extended to 1980, 1990,<ref>{{cite book|title=Equality Justice and Reverse Discrimination|publisher=Mittal Publications|page=17|url=https://books.google.com/books?id=Ud6XQOz4bhwC&dq=The+Constitution+%28Eighth+Amendment%29+Act%2C+1959&pg=PA450|author=C.L. Anand|access-date=26 November 2013}}</ref> 2000, 2010, 2020 and 2030 by the [[Twenty-third Amendment of the Constitution of India|23rd]], [[Forty-fifth Amendment of the Constitution of India|45th]], [[Sixty-second Amendment of the Constitution of India|62nd]], [[Seventy-ninth Amendment of the Constitution of India|79th]], [[Ninety-fifth Amendment of the Constitution of India|95th]] and [[One Hundred and Fourth Amendment of the Constitution of India|104th]] Amendments respectively.


==Text==
==Text==
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==Proposal and enactment==
==Proposal and enactment==
Article 334 of the Constitution laid 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 would cease to have effect on the expiration of a period of ten years from the commencement of the Constitution (i.e., it would expire in 1960). According to the Statement of Objects and Reasons appended to the bill, "Although the Scheduled Castes and Scheduled Tribes had made considerable progress in the last ten years, the reasons which weighed with the Constituent Assembly in making provision for the aforesaid reservation of seats and nomination of members had not ceased to exist." The government proposed that the reservation and the representation of Anglo-Indians by nomination be continued for a further period of ten years. In extending the period of nomination of members of the Anglo- Indian community, it was also proposed to fix the number of such members who might be nominated by Governors to State Assemblies and an amendment of article 333 was accordingly proposed.<ref name = "Constitution Amendment in India">{{cite book|title=Constitution Amendment in India|date=1 January 1995|publisher=Northern Book Centre|location=New Delhi|pages=6;169–170|url=https://books.google.com/books?id=4yp0yhzdKWIC&printsec=frontcover#v=onepage&q&f=false|edition=Sixth|editor=R.C. Bhardwaj|access-date=26 November 2013}}</ref>
Article 334 of the Constitution laid 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 would cease to have effect on the expiration of a period of ten years from the commencement of the Constitution (i.e., it would expire in 1960). According to the Statement of Objects and Reasons appended to the bill, "Although the Scheduled Castes and Scheduled Tribes had made considerable progress in the last ten years, the reasons which weighed with the Constituent Assembly in making provision for the aforesaid reservation of seats and nomination of members had not ceased to exist." The government proposed that the reservation and the representation of Anglo-Indians by nomination be continued for a further period of ten years. In extending the period of nomination of members of the Anglo- Indian community, it was also proposed to fix the number of such members who might be nominated by Governors to State Assemblies and an amendment of article 333 was accordingly proposed.<ref name = "Constitution Amendment in India">{{cite book|title=Constitution Amendment in India|date=1 January 1995|publisher=Northern Book Centre|location=New Delhi|pages=6;169–170|isbn=9788172110659|url=https://books.google.com/books?id=4yp0yhzdKWIC|edition=Sixth|editor=R.C. Bhardwaj|access-date=26 November 2013}}</ref>


{{Indian Constitution TOC}}
{{Indian Constitution TOC}}
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