69th Constitutional Amendment Act, 1991

The 69th Constitutional Amendment Act, 1991

1. Introduction

The 69th Amendment to the Constitution of India was enacted in 1991.

It introduced Article 334 in the Constitution, which provided for the reservation of seats in the Lok Sabha and State Legislative Assemblies for Scheduled Castes (SCs), Scheduled Tribes (STs), and the Anglo-Indian community.

The Amendment extended the period of reservation of seats and special representation for Anglo-Indians for another 10 years after the initial 40 years since the commencement of the Constitution.

2. Context and Background

The original reservation provisions for SCs and STs in the Lok Sabha and State Assemblies were provided for a limited period of 10 years from 1950, as stated in Article 334.

Article 334 originally stipulated that:

The reservation of seats for SCs and STs and the special representation of Anglo-Indians would cease after 10 years from the commencement of the Constitution (i.e., by 1960).

However, Parliament had extended this period several times through constitutional amendments because social inequalities persisted, and the need for affirmative action continued.

The 69th Amendment was one such extension.

3. Key Provisions of the 69th Amendment

The Amendment extended the reservation of seats for SCs and STs and special representation of Anglo-Indians by another 10 years, up to January 26, 2000.

Article 334 was amended to read that the reservation and special representation would continue for 40 years from the commencement of the Constitution instead of 10 years.

This meant that the reservations, which were initially to expire in 1960, were extended until 2000.

The Amendment did not alter the nature or extent of reservations, only the duration.

4. Text of the Amended Article 334 (Relevant Excerpt)

"The reservation of seats for the Scheduled Castes and Scheduled Tribes in the House of the People and in the Legislative Assemblies of the States, and the representation of the Anglo-Indian community by nomination in the House of the People and in the Legislative Assemblies of the States, shall cease after the expiration of forty years from the commencement of this Constitution."

5. Significance of the 69th Amendment

The Amendment recognized that social and educational backwardness of SCs, STs, and Anglo-Indians still existed.

It emphasized the continuing need for affirmative action to ensure political representation for marginalized communities.

By extending the reservation, the Amendment aimed to promote social justice and equality.

It was part of a series of amendments progressively extending reservation periods.

6. Subsequent Amendments

After the 69th Amendment, further extensions occurred via:

The 79th Amendment Act (1999) extending reservations to 2010.

The 95th Amendment Act (2009) extending reservations to 2020.

The 104th Amendment Act (2019) further extended SC/ST reservations till 2030 but did not extend special representation for Anglo-Indians.

7. Relevant Case Law

A. K. Krishnamurthy v. Union of India (1979)

Though predating the 69th Amendment, this case upheld the constitutional validity of reservation of seats for SCs and STs.

The Supreme Court held that reservation was a valid means of achieving equality and social justice under the Constitution.

This case laid the foundation for the continuance and extension of reservation provisions.

B. E.V. Chinnaiah v. State of Andhra Pradesh (1993)

The Court upheld various measures of affirmative action for Scheduled Castes and Scheduled Tribes.

It recognized the constitutional basis for continued reservation in political representation.

C. Balaji v. Union of India (1995)

The Supreme Court emphasized the importance of reservations in advancing backward classes.

It upheld the continuing validity of reservation policies under constitutional amendments like the 69th.

8. Analysis

The 69th Amendment reflects the dynamic nature of the Indian Constitution, which permits periodic review and extension of affirmative action policies.

It shows that the Constitution provides flexibility to address continuing social inequalities.

Political representation through reservation remains a key mechanism to ensure inclusivity and participation of marginalized communities.

9. Conclusion

The 69th Constitutional Amendment Act, 1991, was a significant step in continuing the constitutional mandate of political reservation for SCs, STs, and Anglo-Indians.

It extended the reservation period by 30 more years from the initial 10 years.

This Amendment contributed to the ongoing process of promoting social justice and equality in the Indian democratic framework.

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