THE
CONSTITUTION (NINETIETH AMENDMENT) ACT, 2003
[28th September, 2003.]
An Act further to amend the
Constitution of India.
BE it enacted by Parliament in the Fifty-fourth Year of the Republic
of India as follows:-
1. Short title - This Act may be called the Constitution (Ninetieth Amendment)
Act, 2003.
2. Amendment of article 332. - In article 332 of the Constitution, in clause
(6), the following proviso shall be inserted, namely:-
"Provided that for elections to the Legislative Assembly of the State of
Assam,
the representation of the Scheduled Tribes and non-Scheduled Tribes in the
constituencies included in the Bodoland Territorial
Areas District, so
notified, and existing prior to the constitution of the Bodoland
Territorial
Areas District, shall be maintained.".
SUBHASH C. JAIN,
Secy. to the Govt. of India.
STATEMENT OF OBJECTS AND REASONS
Article 332 of the Constitution of India provides for
reservation of seats for the Scheduled Castes and the Scheduled Tribes in the
Legislative Assemblies of the States. Clause (6) of article 332.stipulates that
no person who is not a member of a Scheduled Tribe of any autonomous district
of the State of Assam shall be eligible for election to the Legislative
Assembly of the State from any constituency of that district.
2. In pursuance of the Memorandum of Settlement signed on
the 10th day of February, 2003 between the Government of India, Government of
Assam and Bodo Liberation Tigers, and to protect the
rights of the non-tribals, the existing representation
of the Scheduled Tribes and non-Scheduled Tribes in the Legislative Assembly of
the State of Assam from the Bodoland Territorial
Council Areas District is proposed to be kept intact. It is, therefore,
proposed to insert a proviso in clause (6) of article 332 of the Constitution.
3. The Bill seeks to achieve the above objects.
NEW DELHI;
The 7th May, 2003