95th Amendment Act 2009 of Indian Constitution

The Ninety-fifth Amendment Act of 2009 is a crucial change in the Indian Constitution. The main purpose of this amendment act is to increase the number of reserved seats in legislatures for Scheduled Castes, Scheduled Tribes, and Anglo Indians. The main aim of this change is to ensure that these groups have a fair opportunity to participate in the political process and safeguard their rights. It aligns with Article 46 of the Constitution, which emphasizes the importance of providing educational and economic support to SCs, STs, and other backward sections of society. Let us understand the various provisions made under this amendment act along with its salient features.

What is the 95th Amendment Act 2009?

The Ninety-fifth Amendment Act is related to Article 334 of the Indian Constitution, which deals with the reservation policy. Initially, Article 334 required that reservations for deprived classes, such as SC and ST, and the Anglo-Indian community in the Parliament, should end in 1960. However, the 8th Amendment extended the reservation period to 1970. Subsequently, the 23rd Amendment prolonged it to 1980, and the 45th, 62nd, and 79th Amendments further extended it to 1990, 2000, and 2010, respectively.

The Ninety-fifth Amendment Act was approved by the Rajya Sabha on August 3, 2009, and by the Lok Sabha on August 4, 2009. It received the President’s assent on January 18, 2010, and officially became effective on January 25, 2010.

Salient Features of the 95th Amendment Act 2009

The key features and facts about the 95th Amendment of the Indian Constitution:

1. The 95th Amendment, also known as the Constitution Act of 2009, had significant implications.
2. It extended the reservation of Lok Sabha and state legislative assembly seats for SCs and STs by another decade.
3. The amendment also prolonged the reserved seats for Anglo-Indians, except in union territories.
4. In Article 334, it substituted “sixty years” with “seventy years.”
5. The primary aim was to ensure adequate representation and civil liberties protection for SCs, STs, and Anglo-Indians.
6. It conferred legislative power in Parliament to their representatives for their special safeguarding.
7. The amendment enforced the implementation of Article 46, focusing on educational and economic welfare for marginalized social classes.
8. This strengthened constitutional protection for these groups.
9. Due to its significant changes, it followed a special majority voting process, necessitating approval from both houses of parliament and state ratification.

Constitutional Provisions for Advancement of Scheduled Sections of Society

Here are some significant constitutional provisions aimed at supporting the advancement of scheduled sections of society, including SCs and STs:

Article 366

This article defines an Anglo-Indian. An Anglo-Indian is a person whose father or any of their male ancestors is or was of European descent but who lives within the territory of India and was born there to parents habitually residing within the territory, not temporarily established.

Article 331

This article allows the President to recommend two members from the Anglo-Indian community to the Lok Sabha if their representation is insufficient.

Article 333

This article permits the Governor to recommend one member from the Anglo-Indian community to the State Legislative Assembly if their representation is lacking.

Article 334(b)

This article extended the reservation of seats for the Anglo-Indian community in Legislative bodies for 40 years in 1949.

Article 338

This article was amended in 2003 by the 89th Constitutional Amendment, creating two distinct constitutional bodies: the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes. These commissions oversee and address all matters concerning the constitutional and legal safeguards for SCs, STs, and the Anglo-Indian community, reporting their work to the President.

Article 243D

This article pertains to the reservation of positions for deprived sections of society in Panchayati Raj. It mandates that the chairperson’s offices in village panchayats or other levels should be reserved for SCs, STs, and women, based on the state’s population, in proportion to the entire state’s SC and ST population.

Prominent People Involved

Two key individuals played vital roles in the creation of the Constitution Act of 2009:

1. M. Veerappa Moily, who served as the Minister of Law and Justice, introduced the Constitution Bill, 2009 in the Rajya Sabha on July 30, 2009. He played a significant role in the initial stages and presenting the bill to the Rajya Sabha.

2. Mrs. Pratibha Patil, who was the President of India at the time, had the responsibility to grant assent to the bill, a crucial step in the legislative process. On January 18, 2010, she officially approved the bill, making it an Act.

The Constitution Act of 2009 required special majority votes in both the Lok Sabha and the Rajya Sabha since it involved amending the Constitution and altering its fundamental structure. The bill also needed approval from the states, involving the Vidhan Sabha. This cooperative effort between Parliament and the President led to the enactment of the bill into law.

Conclusion

The 95th Amendment Act of 2009 in the Indian Constitution came with its main aim of extending the reservation of seats for SCs, STs, and Anglo-Indians, with the goal of ensuring their representation and safeguarding their civil liberties, along with other significant changes. This amendment was aligned with Article 46, strengthening protection for marginalized communities. M. Veerappa Moily and President Pratibha Patil were notably played key roles and the collaborative effort of Parliament and the President was leading to its enactment, highlighting the importance of inclusive governance in India.

FAQs – 95th Amendment of the Indian Constitution

1. What is the 95th Amendment of the Indian Constitution?

The 95th Amendment Act deals with the reservation policy of reservations for deprived classes, such as SC and ST, and the Anglo-Indian community. It was approved by the Rajya Sabha on August 3, 2009, and by the Lok Sabha on August 4, 2009. It received the President’s assent on January 18, 2010, and officially became effective on January 25, 2010.

2. What was the 95th Amendment Act extended to in 2009?

The 95th Amendment Act extended the reservations for Scheduled Castes and Scheduled Tribes in the Indian states of Andhra Pradesh and Madhya Pradesh, in 2009.

3. What is Article 334?

Article 334 in the Indian Constitution provides that Scheduled Castes and Scheduled Tribes have a fair number of seats in the Lok Sabha and State Assemblies. This way, people from these communities get a fair chance to be part of the government, and their rights are protected.

4. Is Article 334 expired?

No, the article 334 is not expired and this article still helps the backward communities get a fair share or a say in the government decisions and presenting their ideas and thoughts like other communitites in the country. Therefore this article keeps the equality among the community in India.

5. What is Article 333?

Article 333 is a part of the Constitution that makes sure about the rights of the Anglo-Indian group and how they are represented in the Lok Sabha. This means that the government makes sure that they have a voice in decisions. It’s a way to listen to their ideas and concerns, so they are not left out.