July 10, 2022

Salient Features of 22nd Amendment of the Indian Constitution

The Constitution (Twenty-second Amendment) Act 1968 (Act No. 113 of 1968) was introduced on 10 December 1968 in the Lok Sabha Articles a pair of 75 and new Articles 244A and 371B in Constitution .

The objective and reasons for the amendment of the act which was given by Y.B Chavan is:

  • On September 11, 1968, the government of the Asian country promulgated the general details of the subject to form an autonomous state between the states, comprising certain areas of A of the table attached to paragraph 20 of the Sixth Schedule of the Constitution.
  • Subsection 2 of the bill aims to insert a replacement for Article 244A into the Constitution to give Parliament the mandatory legislative power to enact a law establishing the Autonomous State`s constitution, and in addition to the Autonomous State with a legislature and a council to endow ministers with such powers and functions as this law also establishes.
  • The third paragraph of the bill contains an important amendment to Article 275 relating to certain special subsidies due to the State in relation to the areas that may be part of the Autonomous State.
  • The fourth paragraph of the bill provides for the formation of a commission of the state legislature, composed of members of this assembly from areas of that social group and a number of different members of this assembly, as provided for in the regulation.

 A motion was recorded in the Lok Sabha on December 20, 1968, passed on a similar day, and passed by the Rajya Sabha on December 28, 1968, to refer the bill to a joint committee of the chambers of Parliament. The joint committee report on the bill was served at Lok Sabha on March 12, 1969. The Committee recommended certain changes to the permissive formula and articles 1 and 3 of the bill draft. The bill, as reported by the Joint Committee, was withdrawn with House approval approximately months into the Gregorian calendar in 1969. Constitution (Twentieth Amendment) Act. The1969 law (Act No. 34 of 1969) was enacted in Lok Sabha on April 10,1969. It was introduced by Chavan and, like the Act before it, it sought to reform Section 275 and add other provisions. New Sections 244A and 371B of the Constitution. The bill was considered and adopted in its original form by the Lok Sabha in the fifteenth month of the Gregorian calendar, 1969, and thus by the Rajya Sabha on April 30, 1969 [3].The law received the approval of President Varahagiri Venkata Giri on September 25, 1969 and went into effect on a similar date. And was reported in the Asian Country Gazette on September 26, 1969.

The Amendment to the Constitution of India, officially known as the Constitution Act (Twentieth Amendment) of 1969, added a new Section 244A to the Constitution to allow Parliament to enact an Act aimed at creating a self-governing state at the relevant level. between the states of India. establish a general assembly or council of ministers for the province, and, in addition, for the self-governing state, or confer upon each of them the powers and functions which this law may also provide.
The 22nd Amendment amended Section 275 to mean self-administered funds and grants since and since its creation under Section 244A. A new section 371B has also been included that regulates the formation and function of the Committee of the Provincial National Assembly, consisting of members of that Council who are the electors of the areas of the listed social group. after half A of the table attached in  20 of the sixth annex; and the ranks of the various members of this board, such as may also be indicated in order. 

The article 224A of the constitution gives power to the state to form an autonomous state comprising of certain tribal areas in Assam and formation of local legislature or council of  ministers or both or therefore, Notwithstanding something during this Constitution, Parliament may, by law, type among the State of province an autonomous State comprising (whether totally or in part) all or any of the social group areas per half A of the table appended to paragraph twenty of the Sixth Schedule and build therefore

 (a) a body, whether or not non appointive or part appointive and partly elected, to operate as a lawmakers for the autonomous State, or

(b) a Council of Ministers, or each with such constitution, powers and functions, in every case, as could also be specified in the law. 

(2) Any such law as is named in clause (1) may, in particular,

 (a) specify the matters enumerated within the State List or the coinciding List with relevance that the lawmakers of the autonomous State shall have power to create laws for the total or any part thereof, whether or not to the exclusion of the lawmakers of the State of province or otherwise;

 (b) outline the matters with respect to which the manager power of the autonomous State shall extend;

 (c) give that any tax levied by the State of province shall be allotted to the autonomous State in to date because the income thence are because of the autonomous State;

 (d) give that any relevance a State in any article of this Constitution shall be construed as together with a reference to the autonomous State; and

 (e) create such supplemental, incidental and of import provisions as could also be deemed necessary.

 (3) AN modification of any such law as said in so far per se amendment relates to any of the matters per subclause (a) or subclause (b) of clause (2) shall haven`t any impact unless the modification is passed in every House of Parliament by not not up to common fraction of the members gift and voting.

 (4) Any such law as is named during this article shall not be deemed to be an amendment of this Constitution for the needs of article 368 nevertheless that it contains any provision that amends or has the effect of amending this Constitution.”.

 3. amending Article 275. In Article 275 of the Constitution, once paragraph (1), the following is inserted, namely:

” (1A) When establishing a self-governing state under section 244A is typed under paragraph ( a) of the second condition of paragraph (1), if the self-governing state includes all areas of the social group  named therein, to be paid to the self-governing state, and if the self-governing state includes only consists of a portion of the Tribal Areas, distributed among the Provinces and thus a Self-governing Nation as the President may, by decree, specifically prescribe;

(ii) it shall be paid from the Fund Consolidation of the  Republic of India as a Grant for the Benefit of a Self-governing Nation Total, capital and recurrent revenues, like awards of such  development programs may also be made by the State. self-governing state with the approval of the Government of the Republic of India for the purpose of elevating the period of administration of this state to this state.

Reference:

https://www.indianconstitution.in/2017/09/22nd-amendment-in-constitution-of-india.html

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