The 83rd Amendment Act of the Indian Constitution was enacted in 2000 which “amended Article 243 M to provide that no reservation in Panchayats be made in favor of SC/ST in Arunachal Pradesh where the whole population is tribal.”[1]
The Constitution (Eighty Sixth Amendment) Bill 1999, which was enacted as the Constitution (Eighty Third Amendment) Act 2000, included a Statement of Objects and Reasons. With effect from April 24, 1993, the Constitution (Seventy-third Amendment) Act of 1992 was enacted.[2] The aforementioned Act stipulated that all states must alter their local laws within one year of the Act’s start to bring them into compliance with the new provisions of the Constitution. Before the 23rd of April, 1994, this exercise must be performed.
Every Panchayat is required to make reservations for Scheduled Castes and Scheduled Tribes under Article 243D. Arunachal Pradesh is a state populated entirely by tribal people. There are no Scheduled Castes in the state. There has been no reservation of seats for Scheduled Castes in the State Legislative Assembly, and there are no provisions in any statute to that effect. In state government jobs, there are no reservations for Scheduled Castes.
The Bengal Eastern Frontier Regulation of 1873 and the Chin Hill Regulations of 1896 give specific protection and safeguards for Arunachal Pradesh’s indigenous tribal people. These regulations make it illegal for outsiders to enter the tribal jurisdiction without first obtaining a “Inner Line Permit.” In the democratic process, only indigenous tribal people are allowed to participate.
Arunachal Pradesh’s indigenous civilization is casteless, with social equality between men and women prevailing over millennia. Because there are no Scheduled Castes in Arunachal Pradesh and the state is completely free of the caste system, it is proposed to add a new clause (3A) to article 243M of the Indian Constitution, exempting the state from the application of article 243D, which deals with the reservation of seats in Panchayats for Scheduled Castes. This will give Panchayat Raj Institutions in Arunachal Pradesh a legal and constitutional foundation that is consistent with the state’s socio-political character. The Bill aims to attain the aforementioned goal.
[1] 83rd Amendment Act, 2000. Constitution of India
[2] india.gov.in
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