[zimanupatra® “As INPRODUCED IN TRE Ragya SABHA Bill No. LXVI of 1994 ‘THE CONSTITUTION (EIGHTY-FIFTH AMENDMENT) BILL, 1994 A BILL, further fo amend the Constitution oj india. BE it enacted by Parliament in the Forty-fifth Year of the Republic of India as follows: — 1. This Act may be called the Constitution (Eighty-fifth Amendment) — short title. Act, 1994. 5 * 2. In the Ninth Scheduie to the Constitution, after entry 257 and. Amend before the Explanation, the following entry shail be inserted, namely: ae ion hy Nint Schedule. “257A. The Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes, (Reservation of Seats in Educational Institue tions and of appointments or posts in the Sezvices under the State) 10 Act, 1993 (Tamil Nadu Act, 45 of 1994).”{manupatra® STATEMENT OF OBJECTS AND REASONS. The policy of reservation of seats in Educational Institutions and reservation of appointments of posts in public servicts for Backward Classes, Scheduled Castes and Scheduled Tribes has had a long history is Tamil Nadu dating back to the vear 1921. The extent of reservation has been increased by the State Government from time to time, consist- eat with the needs of the majority of the people and it has now reached the level of 69 per cent. (18 pet cent. Scheduled Castes, 1 per cent. Scheduled Tribes and 50 per cent. Other Backward Classes) . 2. The Supreme Court delivered its judgment in Indira Sawhney and others Vs- Union of India and Others (AIR 1993 SC 477) on 16th November, 1992, holding that the total reservations under article 16(4) should not exceed 50 per cert, 3. The issue of admission io educational institutions for the acade- mic year 1993-94 came up before the High Court of Madras in a writ petition. The High Court of Madras held that the Tamil Nadu Govern- Ment could continue its reservation policy as hitherto followed during that academic year and that the quantum of reservation should be brought down to 50 per cent. during the academic year 1994-95. The Government of Tamil Nadu had filed a Special Leave Petition against the High Court of Madras in order that the present reservation policy of the State Government should be reaffirmed so as to ensure to con- tinue advancement of the Backward Classes. However, the Supreme Court of India passed an interim order reiterating that the reservation should not exceed 50 per cent. in the matter of admission to educational institutions. 4. In the special Session of Tami] Nadu Legislative Assembly held on 9th November, 1993, it had been unanimously resolved to call upon the Central Government to take steps immediately. to bring a suitable amendment to the Constitution of India as to enable the Government of ‘Tamil Nadu to continue its policy of 69 per cent. reservation in Government Services and for admission in Educational Institutions as at present. Ao all parties meeting had also been held on 26th November, 1993 in Tamil Nadu urging that there should not be any doubt or delay in ensuring the continued implementation of 69 per cent. reservation for the welfare and advancement of the backward classes. 5. The Tamil Nadu Government enacted a legislation namely Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reserva- tion of Seats in Educational Institution and of appointments or posts in the Services under the State) Bill, 1993 and forwarded it to the Government ot Judia for cOnsideration of the President of India in terms of article 31+ of the Constitution.3 6. In view of the importanck and sensitive nature of JAimon upatra® Pyne Union Home Minister held meetings with the leaders of Potitical E parties on 13th July, 1994 to discuss the provisions of the Bill, The gener : ous among the leaders was that the Bill should be assented (to. ely, the President gave his assent f0 the Bill on 19th July, 1994. onsen! aAccordin 7. The Tamil Nadu Government according); i Nadu Backward Classes, Scheduled Castes ‘and Soneauie Tribe ane Institutions and of sppuintnents ” servation of Seats in Fducational the State) Act, 1993 as Act No. 45 of 199% pasts in the Services under ow 19th July, 1994, fg. The Tamil Nady Government requested the Gov ‘on 22nd July, 1994 that the aforementioned Tami Feat tants f included in the Ninth Schedule to the Constitution of Indi: oe 1994 be ens given below: — ia for the rea- “The said Act attracts article 31C of the ituti i within the purview of clauses (b) and (co) oon a te sient fe of the Constitution—vide section 2 of the Act d article 3 een passed relying on the directive principles of State Potter enshrined in Part IV of the Constitution and in particular, Ai ticles 38, 39 (b) and (c) and 46 of the Constitution. As the Act is tb sive so the directive principles of State policy contained, inter alia. cftemtjele 39(b) and (c), the seid Act will get | the potection of in ee y1C of the Constitution aad therefore, cannot be challenged under articles 14 and 19 of the Constitution, with reference to which article 14, the reservation exceeding 50 per cent. fias been struck down by the Suprem: "Now it has been decided to address the Government of India for including the Act in the Ninth Sche- dule to the Constitution. S0 that the law cannot be challenged as srolative of any of the fundamental rights contained in Part TL of the Constitution including articles 15 and 16, and gets protection under article 31B of the Constitution.” g. The Government of India has already supported the provision of the State legislation by giving the President's assent to the Tamil Nadu it is now necessary that the Tamil Bill. As a corollary to this decision, Nadu Act 45 of 1994 is broveht ‘within the purview of the Ninth Sohe- dule io. the Constitution so that it gets protection under article 31B of the Constitution jn regard to the judicial review. forementioned objective. 10. The Bill seeks to achieve the a , New DELI; The 23rd August, 1994 SITARAM KESRt.J manupatra® RAJYA SABHA A BILL # further to amend the Consiilution of India. 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