STATEMENT OF OBJECTS AND REASONS
When the State of Andhra
Pradesh was formed in 1956, certain
safeguards were envisaged for the Telangana area in the matter
of
development and also in the matter of employment opportunities and
educational facilities for the residents of that area. The provisions
of clause (1) of article 371 of the Constitution were intended to give
effect to certain features of these safeguards. The Public Employment
(Requirement as to Residence) Act, 1957, was enacted inter alia to
provide for employment opportunities for residents of Telangana area.
But in 1969, the Supreme Court held the relevant provision of the Act
to be unconstitutional is so far as it related to the
safeguards
envisaged for the Telangana area. Owing to a variety of causes, the
working of the safeguards gave rise to a
certain amount of
dissatisfaction sometimes in the Telangana area and sometimes in the
other areas of the State. Measures were devised from time to time to
resolve the problems. Recently several leaders of Andhra Pradesh made
a concerted effort to analyse the factors which have been giving rise
to the dissatisfaction and find enduring answers to the problems with
a view to achieving fuller emotional integration of the people
of
Andhra Pradesh. On the 21st September, 1973, they suggested certain
measures (generally known as the Six-Point Formula)
indicating a
uniform approach for promoting accelerated development of the backward
areas of the State so as to secure the balanced development of the
State as a whole and for providing equitable
opportunities to
different areas of the State in this matter of education, employment
and career prospects in public services. This formula has received
wide support in Andhra Pradesh and has been endorsed by the
State
Government.
2. This Bill has been
brought forward to provide the necessary
constitutional authority for giving effect to the Six-Point Formula in
so far as it relates to the provision of equitable opportunities for
people of different areas of the State in the matter of admission to
educational institutions and public employment and constitution of an
Administrative Tribunal with jurisdiction to deal with
certain
disputes and grievances relating to public services. The Bill also
seeks to empower Parliament to legislate for establishing a Central
University in the State and contains provisions of an incidental and
consequential nature including the provision for the validation of
certain appointments made in the past. As the
Six-Point Formula
provides for the discontinuance of the Regional Committee constituted
under clause (1) of article 371 of the Constitution, the Bill also
provides for the repeal of that clause.
NEW DELHI;
UMA SHANKAR DIKSHIT.
The 12th December, 1973.
THE CONSTITUTION (THIRTY-SECOND AMENDMENT) ACT, 1973
[3rd May, 1974.]
An Act further to amend the Constitution of India.
BE it enacted by Parliament in the
Twenty-fourth Year of the Republic
of India as follows:-
1. Short title and
commencement (1).- This Act may be called the
Constitution (Thirty-second Amendment) Act, 1973.
(2) It shall come into
force on such date_666 as the Central
Government may, by notification in the official Gazette, appoint.
2. Amendment of article
371.-Clause (1) of article 371 of the
Constitution shall be omitted, and in the marginal heading to that
article, the words "Andhra Pradesh," shall be omitted.
3. Insertion of new articles 371D and
371E.-After article 371C of the
Constitution, the following articles shall be inserted, namely:-
"371D. Special provisions
with respect to the State of Andhra
Pradesh.-(1) The President may by order made with respect to the State
of Andhra Pradesh provide, having regard to the requirements of the
State as a whole, for equitable opportunities and facilities for the
people belonging to different parts of the State, in the matter of
public employment and in the matter of education, and
different
provisions may be made for various parts of the State.
(2) An order made under clause (1) may, in
particular,-
(a) require the State Government to organise
any class or classes of
posts in civil service of, or any class or classes of civil
posts
under, the State into different local cadres for different parts of
the State and allot in accordance with such principles and procedure
as may be specified in the order the persons holding such posts to the
local cadres so organised;
(b) specify any part or parts of the State
which shall be regarded as
the local area-
(i) for direct recruitment to
posts in any local cadre (whether
organised in pursuance of an order under this article or constituted
otherwise) under the State Government;
(ii) for direct recruitment to
posts in any cadre under any local
authority within the State; and
(iii) for the purposes of admission to any University
within the State
or to any other educational institution which is subject
to the
control of the State Government;
(c) specify the extent to
which, the manner in which and the
conditions subject to which, preference or reservation shall be given
or made-
(i) in the matter of direct recruitment
to posts in any such cadre
referred to in sub-clause (b) as may be specified in this behalf in
the order;
(ii) in the matter of
admission to any such University or other
educational institution referred to in sub-clause (b) as
may be
specified in this behalf in the order,
to or in favour of candidates who
have resided or studied for any
period specified in the order in the local area in respect of such
cadre, University or other educational institution, as the case may
be.
(3) The President may, by order, provide
for the constitution of an
Administrative Tribunal for the State of Andhra Pradesh to exercise
such jurisdiction, powers and authority [including any jurisdiction,
power and authority which immediately before the commencement of the
Constitution (Thirty-second Amendment) Act, 1973, was exercisable by
any court (other than the Supreme Court) or by any tribunal or other
authority] as may be specified in the order with respect
to the
following matters, namely:---
(a) appointment, allotment or promotion
to such class or classes of
posts in any civil service of the State, or to such class or classes
of civil posts under the State, or to such class or classes of posts
under the control of any local authority within the State, as may be
specified in the order;
(b) seniority of persons appointed, allotted or
promoted to such class
or classes of posts in any civil service of the State, or to
such
class or classes of civil posts under the State, or to such class or
classes of posts under the control of any local authority within the
State, as may be specified in the order;
(c) such other conditions of service of persons
appointed, allotted or
promoted to such class or classes of posts in any civil service of the
State or to such class or classes of civil posts under the State or to
such class or classes of posts under the control
of any local
authority within the State, as may be specified in the order.
(4) An order made under clause (3) may-
(a) authorise the Administrative Tribunal to
receive representations
for the redress of grievances relating to any matter
within its
jurisdiction as the President may specify in the order and to make
such orders thereon as the Administrative Tribunal deems fit;
(b) contain such provisions with respect to the
powers and authorities
and procedure of the Administrative Tribunal (including provisions
with respect to the powers of the Administrative Tribunal to punish
for contempt of itself) as the President may deem necessary;
(c) provide for the transfer to the
Administrative Tribunal of such
classes of proceedings, being proceedings relating to matters within
its jurisdiction and pending before any court (other than the Supreme
Court) or tribunal or other authority
immediately before the
commencement of such order, as may be specified in the order;
(d) contain such supplemental, incidental and
consequential provisions
(including provisions as to fees and as to limitation, evidence or for
the application of any law for the time being in force subject to any
exceptions or modifications) as the President may deem necessary.
(5) The order of the Administrative Tribunal
finally disposing of any
case shall become effective upon its confirmation by
the State
Government or on the expiry of three months from the date on which the
order is made, whichever is earlier:
Provided that the State Government
may, by special order made in
writing and for reasons to be specified therein, modify or annul any
order or the Administrative Tribunal before it becomes effective and
in such a case, the order of the Administrative Tribunal shall have
effect only in such modified form or be of no effect, as the case may
be.
(6) Every special order made by the State Government
under the proviso
to clause (5) shall be laid, as soon as may be after it is
made,
before both Houses of the State Legislature.
(7) The High Court for
the State shall not have any powers of
superintendence over the Administrative Tribunal and no court (other
than the Supreme Court) or tribunal shall exercise any jurisdiction,
power or authority in respect of any
matter subject to the
jurisdiction, power or authority of, or in
relation to, the
Administrative Tribunal.
(8) If the President is satisfied that the
continued existence of the
Administrative Tribunal is not necessary, the President may by order
abolish the Administrative Tribunal and make such provisions in such
order as he may deem fit for the transfer and disposal
of cases
pending before the Tribunal immediately before such abolition.
(9) Notwithstanding any judgment,
decree or order of any court,
tribunal or other authority,-
(a) no appointment, posting, promotion or transfer of
any person-
(i) made before the 1st day of November, 1956,
to any post under the
Government of, or any local authority within, the State of Hyderabad
as it existed before that date; or
(ii) made before the commencement of the
Constitution (Thirty-second
Amendment) Act, 1973, to any post under the Government of, or
any
local or other authority within, the State of Andhra Pradesh; and
(b) no action taken or thing done by or before
any person referred to
in sub-clause (a),
shall be deemed to be illegal or void or ever
to have become illegal
or void merely on the ground that the appointment, posting, promotion
or transfer of such person was not made in accordance with any law,
then in force, providing for any requirement as to residence within
the State of Hyderabad or, as the case may be, within any part of the
State of Andhra Pradesh, in respect of such appointment,
posting,
promotion or transfer.
(10) The provisions of this article
and of any order made by the
President thereunder shall have effect notwithstanding anything in any
other provision of this Constitution or in any other law for the time
being in force.
371E. Establishment of
Central University in Andhra Pradesh.-
Parliament may by law provide for the establishment of a University in
the State of Andhra Pradesh.".
4. Amendment of Seventh
Schedule.-In the Seventh Schedule to the
Constitution, in List I, in entry 63, for the words "Delhi University,
and", the words, figures and letter "Delhi University; the University
established in pursuance of article 371E;" shall be substituted.
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