Constitutional Amendment: Understanding The 84Th Amendment Bill

what is 84th constitutional amendment bill

The 84th Amendment Act, also known as the Constitution (Eighty-fourth Amendment) Act, was passed in 2001 and enacted in 2002. The act froze constituency borders until after the first census following 2000, which is expected to be published after 2026 or 2031. This amendment was made to support population control measures and restrict seat adjustments of the Lok Sabha and State Legislative Assembly for 25 years, until 2026. It also provided for the readjustment and rationalisation of territorial constituencies based on the population figures of the 2001 census. In addition, the 84th Amendment Act granted constitutional status and protection to the Panchayati Raj institutions and urban local bodies, included four additional languages in the Eighth Schedule, and made provisions for reservation in promotions in government jobs for Scheduled Castes and Scheduled Tribes.

Characteristics Values
Constituency borders Frozen until the first census after 2026 or at least until after 2031
Basis for seat allocation 1971 census
Population control measures Seat adjustments of Lok Sabha and State Legislative Assembly restricted for 25 years (until 2026)
Territorial constituencies Readjustment and rationalisation based on the population figures of the 2001 census
National Commission for Scheduled Castes and Scheduled Tribes Bifurcated into two separate bodies
Council of Ministers Limited in size
Defectors Debarred from holding public offices
Anti-defection law Strengthened
Reservation in promotions in government jobs Provided for Scheduled Castes and Scheduled Tribes
Alternative scheme of devolution Provided for revenue distribution between the Centre and states
Eighth Schedule Four more languages included
Reservation policy Empowered the state to make special provisions for the socially and educationally backward classes or the Scheduled Castes or the Scheduled Tribes in educational institutions
Part IX-B in the constitution Added, entitled “The Co-operative societies”
National Judicial Appointments Commission (NJAC) Replaced the collegium system of appointing judges to the Supreme Court and High Courts
Land Boundary Agreement Gave effect to the acquiring of certain territories by India and transfer of certain other territories to Bangladesh

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The 84th Amendment Act of 2001 froze constituency borders until after 2031

One of the key provisions of the 84th Amendment Act was the freeze on constituency delimitation until after 2031. Delimitation refers to the process of redrawing constituency boundaries to ensure equal representation based on population changes. By freezing delimitation, the Amendment prevented any changes to constituency boundaries until after the first census following 2026. This freeze was implemented to provide an advantage to the southern states that had effectively controlled their population growth in the early 1970s. It also served as a reminder to other states about the importance of population control measures.

The 84th Amendment Act also made provisions in other areas. It granted constitutional status and protection to Panchayati Raj institutions and urban local bodies, adding new parts to the constitution entitled "The Panchayats" and "The Municipalities", respectively. Additionally, it provided for reservation in promotions in government jobs for Scheduled Castes and Scheduled Tribes, nullifying a previous Supreme Court ruling on this matter. The Amendment also included four more languages in the Eighth Schedule: Bodo, Dogri, Maithili, and Santhali, bringing the total number of constitutionally recognised languages to 22.

Furthermore, the 84th Amendment Act replaced the collegium system of appointing judges to the Supreme Court and High Courts with the National Judicial Appointments Commission (NJAC). However, in 2015, the Supreme Court declared this particular amendment unconstitutional, reverting to the previous collegium system. The Act also addressed territorial changes, enacting an alternative scheme of revenue devolution between the Centre and the states, and it impacted the territorial boundaries of several states in accordance with the Land Boundary Agreement of 1974 and its Protocol of 2011.

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The Act postponed constituency delimitation until 2031

The 84th Amendment Act, also known as the Constitution (Eighty-fourth Amendment) Act, was approved in 2001 and enacted in 2002. The Act postponed constituency delimitation until after the first census after 2026, or at least until after 2031. The postponement of constituency delimitation meant that constituency borders and boundaries were frozen during this period.

The 84th Amendment Act also provided for the readjustment and rationalisation of territorial constituencies in the states based on the population figures of the 2001 census, rather than the 1991 census as previously provided. This change was made to support population control measures and promote family planning norms. The 1971 census had served as the foundation for the seat allocation of the present Lok Sabha, and the 84th Amendment Act restricted seat adjustments of the Lok Sabha and State Legislative Assembly for 25 years (until 2026).

The Amendment Act also granted constitutional status and protection to the Panchayati Raj institutions and urban local bodies, adding new parts to the constitution entitled "the panchayats" and "the municipalities," respectively. It also provided for reservation in promotions in government jobs for Scheduled Castes and Scheduled Tribes, nullifying a Supreme Court ruling on this issue.

Additionally, the 84th Amendment Act included four more languages in the Eighth Schedule: Bodo, Dogri (Dongri), Maithili, and Santhali, bringing the total number of constitutionally recognised languages to 22.

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The Act added four languages to the Eighth Schedule

The 84th Amendment Act of 2001, also known as the 84th Constitutional Amendment Bill, encompassed several key provisions aimed at effecting significant changes in India. One notable aspect of this amendment was its impact on the Eighth Schedule of the Constitution. The Eighth Schedule is of particular significance as it enumerates the languages that are officially recognised by the Government of India.

The 84th Amendment Act added four languages to the Eighth Schedule, namely Bodo, Dogri, Maithili, and Santhali. This expansion of recognised languages reflected the country's rich linguistic diversity and ensured that more regional languages were represented. With the inclusion of these four languages, the total number of constitutionally recognised languages in India increased to 22.

The addition of these languages to the Eighth Schedule carried immense cultural and practical significance. Official recognition of a language by the government entails not only a symbolic acknowledgment of its importance but also has practical implications for its usage and promotion. The government assumes the responsibility to promote and preserve these languages, ensuring their continued usage and development.

The process of including these four languages in the Eighth Schedule was a significant step towards ensuring the representation and preservation of India's diverse linguistic heritage. This move was welcomed by speakers of these languages and cultural enthusiasts alike, as it signified a commitment to upholding the country's linguistic diversity.

It is worth noting that the Eighth Schedule has undergone several amendments over the years to include various languages. The original schedule, established in 1950, comprised 14 languages. Through subsequent amendments, languages such as Sindhi, Konkani, Manipuri, and Nepali were added, reflecting the evolving nature of the schedule to accommodate the country's diverse linguistic landscape.

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It provided for reservation in promotions in government jobs for Scheduled Castes and Tribes

The 84th Amendment Act of 2001, also known as the Constitution (Eighty-fourth Amendment) Act, 2002, made several significant changes to the Constitution of India. One of its key provisions was its focus on empowering and providing reservations for the Scheduled Castes and Tribes in various areas, including government job promotions.

The 84th Amendment Bill played a pivotal role in addressing the rights and opportunities available to the Scheduled Castes and Tribes. By providing for reservation in promotions in government jobs, the amendment actively promoted the advancement and representation of these communities within the government sector. This aspect of the bill aimed to bridge the socio-economic gaps and ensure equal opportunities for the Scheduled Castes and Tribes, who have historically faced marginalisation and discrimination.

The reservation in promotions meant that a certain percentage of positions at each level of the government job hierarchy were reserved specifically for individuals belonging to the Scheduled Castes and Tribes. This affirmative action ensured that members of these communities had enhanced access to higher positions and decision-making roles within the government. The amendment also nullified the Supreme Court ruling regarding reservation in promotions, further strengthening the implementation of reservations.

Additionally, the 84th Amendment Bill went beyond government jobs and addressed educational institutions as well. It empowered the state to make special provisions for the Scheduled Castes and Tribes in educational institutions, including private colleges, thereby promoting educational opportunities and access for these communities. This aspect of the bill was enacted to counter the Supreme Court judgement in the Inamdar case (2005), which had declared reservations in private unaided educational institutions as unconstitutional.

The 84th Amendment Act also made structural changes to better serve the interests of the Scheduled Castes and Tribes. It bifurcated the National Commission for Scheduled Castes and Scheduled Tribes into two separate bodies: the National Commission for Scheduled Castes (Article 338) and the National Commission for Scheduled Tribes (Article 338-A). This move ensured more focused attention and dedicated representation for each group, allowing for more effective policy formulation and implementation.

Overall, the 84th Constitutional Amendment Bill played a significant role in promoting the rights and welfare of the Scheduled Castes and Tribes in India. By providing for reservation in promotions in government jobs, addressing educational opportunities, and restructuring representative bodies, the amendment actively worked towards reducing inequalities and empowering these historically marginalised communities.

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The Amendment Act replaced the collegium system of appointing Supreme Court and High Court judges

The 84th Amendment Act of 2001, also known as the Constitution (Eighty-fourth Amendment) Act, was enacted in India to make several significant changes to the country's constitution. One of the key provisions of this amendment was the replacement of the collegium system for appointing Supreme Court and High Court judges.

Under the 84th Amendment Act, a new body called the National Judicial Appointments Commission (NJAC) was established, taking over the role of appointing judges to the Supreme Court and High Courts from the previous collegium system. This change was intended to bring more transparency and accountability to the process of selecting judges for these high courts.

The NJAC was designed to be a diverse and representative body, with a mix of legal and non-legal experts. It consisted of the Chief Justice of India, two senior-most judges of the Supreme Court, the Law Minister of India, and two "eminent persons" nominated by a committee comprising the Chief Justice of India, the Prime Minister of India, and the Leader of the Opposition in the Lok Sabha. This structure aimed to ensure a balanced approach to judicial appointments, incorporating both legal expertise and a broader perspective on the needs of the nation.

However, the replacement of the collegium system by the 84th Amendment Act was short-lived. In 2015, the Supreme Court of India declared the Amendment Act unconstitutional and void. As a result, the collegium system was reinstated, and the process of appointing judges to the Supreme Court and High Courts reverted to its previous format.

The 84th Amendment Act also addressed other important issues. It frozen constituency borders until after the first census following 2026 or at least until after 2031, aiming to support population control measures and provide a foundation for seat allocation in the Lok Sabha and state legislative assemblies. Additionally, the amendment included provisions for reservation in promotions in government jobs for Scheduled Castes and Scheduled Tribes, nullifying a previous Supreme Court ruling on this matter. It also granted constitutional status and protection to Panchayati Raj institutions and urban local bodies, further strengthening India's democratic framework.

Frequently asked questions

The 84th Constitutional Amendment Act of 2001 froze constituency borders until the first census after 2026 or at least until after 2031.

The 1971 census served as the foundation for the current Lok Sabha seat allocation. The 84th Amendment Act was approved to postpone constituency delimitation until 2031.

The 84th Amendment Act restricted seat adjustments of Lok Sabha and State Legislative Assembly for the next 25 years (until 2026).

The 84th Amendment Act provided for the readjustment and rationalisation of territorial constituencies based on the 2001 census figures. It also bifurcated the National Commission for Scheduled Castes and Scheduled Tribes into two separate bodies and limited the size of the Council of Ministers.

The 84th Amendment Act granted constitutional status and protection to Panchayati Raj institutions and urban local bodies. It also provided for reservation in promotions in government jobs for Scheduled Castes and Scheduled Tribes.

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