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THE CONSTITUTION (SEVENTY-SECOND AMENDMENT) ACT, 1992
Statement of Objects and
Reasons appended to the Constitution
(Seventy-fifth Amendment) Bill, 1991 (Bill No. 209 of 1991) which was
enacted as THE CONSTITUTION (Seventy-second Amendment) Act, 1992
STATEMENT OF OBJECTS AND REASONS
For restoring peace and harmony in the areas of
the State of Tripura
where disturbed conditions prevailed, a Memorandum of Settlement was
signed by the Government of India with Tripura National Volunteers on
12-8-1988. The said Memorandum provides for a greater
share of
tribals in the governance of the State. The said Memorandum envisages
amendment of the Constitution to provide that notwithstanding anything
contained in the Constitution, the number of seats in the
Legis-
lative Assembly of the State of Tripura reserved for Scheduled Tribes
shall be, such number of seats as bears to the total number of seats,
a proportion not less than the number, as on the date of coming into
force of the Constitutional amendment, of members belonging to the
Scheduled Tribes in the existing Assembly bears to the total number of
seats in the existing Assembly. It also provides that the amendments
shall not affect any representation in the existing Assembly of the
State of Tripura until its dissolution.
2. In order to implement the said
Memorandum, action is to be taken
to determine the seats which are to be reserved for Scheduled Tribes
in the State of Tripura. Reservation of seats for Scheduled Castes
and Scheduled Tribes in the Legislative Assembly of any
State is
governed by the provisions of article 332 of the Constitution. Having
regard to the special circumstances obtaining in the State of Tripura,
it is proposed to further amend article 332 of the Constitution for
making a temporary provision for the determination of the number of
seats reserved for Scheduled Tribes until the re-adjustment of seats
on the basis of the first census after the year 2000 under article 170
of the Constitution for the State of Tripura.
3. The Bill seeks to achieve the aforesaid objects.
NEW DELHI;
S. B. CHAVAN.
The 11th December. 1991.
THE CONSTITUTION (SEVENTY-SECOND AMENDMENT) ACT, 1992
[14th December, 1992.]
An Act further to amend the Constitution of India
BE it enacted by Parliament in the Forty-third Year
of the Republic
of India as follows:-
1. Short title and
commencement.-(1) This Act may be called the
Constitution (Seventy-second Amendment) Act, 1992.
(2) It shall come into
force on such date_679 as the Central
Government may, by notification in the Official Gazette, appoint.
2. Amendment of article 332.- (I) In article
332 of the Constitution,
after clause (3A), the following clause shall be inserted, namely:-
"(3B) Notwithstanding anything
contained in clause (3), until the
re-adjustment, under article 170, takes effect on the basis of the
first census after the year 2000, of the number of seats in the Legis-
lative Assembly of the State of Tripura, the seats which shall
be
reserved for the Scheduled Tribes in the Legislative Assembly shall
be, such number of seats as bears to the total number of seats,
a
proportion not less than the number, as on the date of coming into
force of THE CONSTITUTION (Seventy-second Amendment) Act, 1992, of
members belonging to the Scheduled Tribes in the Legislative Assembly
in existence on the said date bears to the total number of seats in
that Assembly.".
(2) The amendment made to article
332 of the Constitution by sub-
section (I) shall not affect any representation in the Legislative
Assembly of the State of Tripura until the
dissolution of the
Legislative Assembly existing at the commencement of this Act.
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