Eighth Amendment of the Constitution of India

The Constitution (Eighth Amendment) Act, 1959

Parliament of India
An Act further to amend the Constitution of India.
Citation	8th Amendment
Territorial extent	India
Enacted by	Lok Sabha
Date passed	1 December 1959
Enacted by	Rajya Sabha
Date passed	7 December 1959
Date assented to	5 January 1960
Signed by	Rajendra Prasad
Date commenced	5 January 1960
Date of expiry	26 January 1970
Legislative history
Bill introduced in the Lok Sabha	The Constitution (Eighth Amendment) Bill, 1959
Bill published on	16 November 1959
Introduced by	Govind Ballabh Pant
Related legislation
23rd, 45th, 62nd, 79th and 95th Amendments
Summary
Extended the period of reservation of seats for the Scheduled Castes and Scheduled Tribes and Anglo-Indians in the Lok Sabha and the State Legislative Assemblies till 1970
Status: Spent

The Eighth Amendment of the Constitution of India, officially known as The Constitution (Eighth Amendment) Act, 1959, amended article 334 of the Constitution in order to extend the period of reservation of seats for the Scheduled Castes and Scheduled Tribes and representation of the Anglo-Indians in the Lok Sabha and the State Legislative Assemblies for ten years, i.e. up to 26 January 1970. Article 334 had stipulated that the reservation of seats should expire within a period of ten years from the commencement of the Constitution (i.e. 26 January 1960).

The 8th Amendment extended the period for reservations to 1970. The period of reservation was extended to 1980, 1990,^[1] 2000, 2010 and 2020 by the 23rd, 45th, 62nd, 79th and 95th Amendments respectively.

Text

BE it enacted by Parliament in the Tenth Year of the Republic of India as follows:---

1. Short title This Act may be called the Constitution (Eighth Amendment) Act, 1959.

2. Amendment of article 334 In article 334 of the Constitution, for the words "ten years" the words "twenty years" shall be substituted.^[2]

The full text of Article 334 of the Constitution, after the 8th Amendment, is given below:

334. Notwithstanding anything in the foregoing provisions of this Part [Part XVI], the provisions of this Constitution relating to—

(a) the reservation of seats for the Scheduled Castes and the Scheduled Tribes in the House of the People and in the Legislative Assemblies of the States; and

(b) the representation of the Anglo Indian community in the House of the People and in the Legislative Assemblies of the States by nomination,

shall cease to have effect on the expiration of a period of ~~ten years~~ twenty years from the commencement of this Constitution: Provided that nothing in this article shall affect any representation in the House of the People or in the legislative Assembly of a State until the dissolution of the then existing House or Assembly, as the case may be.^[3]

Proposal and enactment

Article 334 of the Constitution laid down that the provisions of the Constitution relating to the reservation of seats for the Scheduled Castes and Scheduled Tribes and the representation of the Anglo-Indian community by nomination in the House of the People and the Legislative Assemblies of the States would cease to have effect on the expiration of a period of ten years from the commencement of the Constitution (i.e., it would expire in 1960). According to the Statement of Objects and Reasons appended to the bill, "Although the Scheduled Castes and Scheduled Tribes had made considerable progress in the last ten years, the reasons which weighed with the Constituent Assembly in making provision for the aforesaid reservation of seats and nomination of members had not ceased to exist." The government proposed that the reservation and the representation of Anglo-Indians by nomination be continued for a further period of ten years. In extending the period of nomination of members of the Anglo- Indian community, it was also proposed to fix the number of such members who might be nominated by Governors to State Assemblies and an amendment of article 333 was accordingly proposed.^[4]

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Related topics Union List State List Concurrent List Basic structure doctrine

The Constitution (Eighth Amendment) Bill, 1959 (Bill No. 79 of 1959) was introduced in the Lok Sabha on 16 November 1959. It was introduced by Pandit Govind Ballabh Pant, then Minister of Home Affairs, and sought to amend articles 333 and 334 of the Constitution. The bill was debated by the Lok Sabha on 30 November and 1 December. A motion to adopt clause 2 of the bill, which sought to amend article 333 of the Constitution, failed to get a majority of the total membership of the House (though more than two-thirds of the members present and voting had voted in favour of the motion). The said clause was omitted from the Bill. Clause 3 of the bill, which sought an amendment of article 334, was adopted in its original form by the Lok Sabha on 1 December. The bill, with the omission of clause 2, was passed by the House on 1 December 1959. Clause 3 was then re-numbered as clause 2, and the bill was considered and adopted by the Rajya Sabha on 7 December 1959.^[4]

The bill, after ratification by the States, received assent from then President Rajendra Prasad on 5 January 1960, came into force on the same date.^[5] It was notified in The Gazette of India on 6 January 1960.^[4]

Ratification

The Act was passed in accordance with the provisions of Article 368 of the Constitution, and was ratified by more than half of the State Legislatures, as required under Clause (2) of the said article. State Legislatures that ratified the amendment are listed below:^[4]

Did not ratify:

References

↑ C.L. Anand. Equality Justice and Reverse Discrimination. Mittal Publications. p. 17. Retrieved 26 November 2013.
↑ "Eighth Amendment". This article incorporates text from this source, which is in the public domain.
↑ "The Constitution of India (1949)" (PDF). Lok Sabha Secretariat. p. 1091. Retrieved 30 November 2013. This article incorporates text from this source, which is in the public domain.
1 2 3 4 R.C. Bhardwaj, ed. (1 January 1995). Constitution Amendment in India (Sixth ed.). New Delhi: Northern Book Centre. pp. 6;169–170. Retrieved 26 November 2013.
↑ "The Constitution (Amendment) Acts". Constitution.org. Retrieved 2013-11-26. This article incorporates text from this source, which is in the public domain.

Indian Legislations

Constitution of India (amendments) Indian Penal Code CrPC

In Force

Corruption	Benami Transactions Black Money Corruption Lokpal Mines & Minerals Act 2015 Money Laundering Whistle Blowers

Criminal	Armed Forces (Special Powers) Act Armed Forces Tribunal Act, 2007 Arms Act, 1959 Army Act Criminal Law (Amendment) Act, 2013 Juvenile Justice (Care and Protection of Children) Act, 2015 National Security Act (India) Protection of Women from Domestic Violence Act 2005 Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

Education	National Institutes of Technology Act, 2007 Right of Children to Free and Compulsory Education Act University Grants Commission Act, 1956

Environment	Biological Diversity Act, 2002 Environment Protection Act, 1986 Indian Forest Act, 1927 National Green Tribunal Act Protection of Plant Varieties and Farmers' Rights Act, 2001 The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 Wildlife Protection Act, 1972 CAMPA bill Air (Prevention and Control of Pollution) Act

Financial	Aadhaar Act COFEPOSA Depositories Act Expenditure Tax Act, 1987 Fiscal Responsibility and Budget Management Act, 2003 Foreign Contribution Regulation Act Foreign Exchange Management Act Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 The Income-tax Act, 1961 Indian Stamp Act, 1899 Insolvency and Bankruptcy Code Insurance Act, 1938 National Rural Employment Guarantee Act, 2005 Negotiable Instruments Act, 1881 Electricity Act Real Estate (Regulation and Development) Act, 2016 The Competition Act, 2002 Securities Laws (Amendment) Act, 2014 Street Vendors Act, 2014 Urban Land (Ceiling and Regulation) Act, 1976

Healthcare	Central Council of Homoeopathy Act, 1973 Clinical Establishments Act Dentist Act Drugs and Cosmetics Act, 1940 Drugs and Magic Remedies Act Indian Medical Council Act Mental Health Act, 1987 Narcotic Drugs and Psychotropic Substances Act, 1985

Personal	Hindu Adoptions and Maintenance Act (1956) The Hindu Marriage Act, 1955 Hindu Minority and Guardianship Act Hindu Succession Act, 1956 Special Marriage Act, 1954 The Muslim Women (Protection of Rights on Divorce) Act 1986

Social	Child Labour (Prohibition and Regulation) Act Consumer Protection Act, 1986 Essential Commodities Act Essential Services Maintenance Act Indecent Representation of Women (Prohibition) Act National Food Security Act, 2013 Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 Societies' Registration Act The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 Unorganised Workers' Social Security Act

State Laws	Anti-Superstition and Black Magic Act Maharashtra Control of Organised Crime Act The Gujarat Local Authorities Laws (Amendment) Bill, 2009 Puducherry Prevention of Anti-Social Activities Act

State Reorganisation	Chattisgarh Jharkhand Punjab States Telangana Uttarakhand

Terrorism	Unlawful Activities (Prevention) Act

Transportation	Aircraft Act Motor Vehicles Act, 1988 National Waterways Act, 2016 Inland Vessels Act Metro Railways Act, 1978 Metro Railway Act, 2002

Organisation / Body	Chartered Accountants Act, 1949 Companies Act 2013 Gram Nyayalayas Act, 2008 Indian Trusts Act, 1882 Panchayats (Extension to Scheduled Areas) Act 1996 Reserve Bank of India Act, 1934

Other	Delimitation Act Enemy Property Act, 1968 Information Technology Act, 2000 Nuclear Liability Act Representation of the People Act, 1951 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Right to Information Act, 2005 State Emblem of India (Prohibition of Improper Use) Act, 2005 The Foreigners Act, 1946

Repealed

Pre-Independence	Age of Consent Act, 1891 Criminal Tribes Act Hindu Widows' Remarriage Act, 1856 Land Acquisition Act 1894 Official Secrets Act (India)

Post-Independence	Anti-Copying Act, 1992 Foreign Exchange Regulation Act Gift Tax Act, 1958 Illegal Migrants (Determination by Tribunal) Act, 1983 Interest Tax Act, 1974 Juvenile Justice (Care and Protection of Children) Act, 2000 Maintenance of Internal Security Act Prevention of Terrorism Act, 2002 Terrorist and Disruptive Activities (Prevention) Act The Gold (Control) Act, 1968 The Monopolies and Restrictive Trade Practices Act, 1969 Wealth Tax Act, 1957

Bills

Proposed	Marriage Laws Amendment Bill Road Transport and Safety Bill Uniform civil code Geospatial Information Regulation Bill Gujarat Control of Organised Crime Act Taxation Laws (Second Amendment) Bill, 2016

Lapsed	Women's Reservation Bill

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