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Further to amend the constitution of India
Be it enacted by Parliament in the Forty-ninth Year of the Republic of India as follows:-
1. i) This Act may be called the Constitution (Eighty-fourth Amendment) Act, 1998
ii) It shall come into force on such date as the Central Government may by notification in the official Gazette, appoint.
2. In article 239AA of the constitution in clause (2), in sub-clause (b), for the words "Scheduled Castes", the words "the Scheduled Castes and the women" shall be substituted.
3. After article 330 of the Constitution, the following article shall be inserted, namely: 330A.
(1). Seats shall be reserved for women in the House of the People.
(2). As nearly as may be, one-third of the total number of seats reserved under clause (2) of article 330 shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes, as the case may be:
Provided that where the seat reserved for the Scheduled Castes or the Scheduled Tribes, as the case may be, in relation to a State or Union territory is one, then, in every block comprising of three general elections to the House of the People, the seat in the first general election shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes and no seat shall be so reserved in the other two general elections:
Provided further that where the seats reserved for the Scheduled Castes or the Scheduled Tribes, as the case may be, in relation to a State or Union territory are two, then in every block comprising of three general elections to the House of the People.
(a) one seat shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes in the first two general elections in such a manner that the same constituency is not reserved for women in both the aforesaid elections; and
(b) no seat shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes in the third general election.
(3).As nearly as may be, one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total numbers of seats to be filled by direct election to the House of the People in a State or Union territory shall be reserved for women and such seats may be allotted by rotation to different constituencies in that State or Union territory:
Provided that where the seat, not being a seat reserved for the Scheduled Castes or the Scheduled Tribes, in relation to a State or Union territory is one, then, in every block comprising of three general elections to the House of the People, the seat in the first general election shall be reserved for women and no seat shall be so reserved for women in the other two general elections:
Provided further that where the seats, not being seats reserved for the Scheduled Castes or the Scheduled Tribes, in relation to a State or Union territory are two, then, in every block comprising of three general elections to the House of the People:
(a) one seat shall be reserved for women in the first two general elections in such a manner that the same constituency is not reserved for women in both the aforesaid elections;
(b) no seat shall be reserved for women in the third general election.
4. In article 331 of the Constitution, the following proviso shall be inserted at the end, namely:
"Provided that where such nominations are made in relation to every block comprising of three general elections to the House, one seat shall be reserved for the women of Anglo-Indian community to every House constituted after first two general elections and no seat shall be reserved for the women of that community in the House constituted after the third general election".
5. After article 332 of the Constitution, the following article shall be inserted, namely: 332A.
(1). Seats shall be reserved for women in the Legislative Assembly of every State.
(2). As nearly as may be, one-third of the total number of seats reserved under clause (3) of article 332 shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes, as the case may be:
Provided that where the seat reserved for the Scheduled Castes or the Scheduled Tribes, as the case may be, in relation to a Sate is one, then, in every block comprising of three general elections to the Legislative Assembly of that State, the seat in the first general election shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes, as the case may be:
Provided further that where the seats reserved for the Scheduled Castes or the Scheduled Tribes, as the case may be, in relation to a State are two, then, in every block comprising of three general elections to the Legislative Assembly of that State:-
a) one seat shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes in the first two general elections in such a manner that the constituency in not reserved for women in both the aforesaid elections; and
b) no seat shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes in the third general election.
(3). As nearly as may be, one-third (including the number of seats reserved for women belonging to the Scheduled Castes or the Scheduled Tribes) of the total number of seats to be filled by direct election in the Legislative Assembly of every State shall be reserved for women and such seats may be allotted by rotation to different constituencies in that State."
6. In article 333 of the Constitution, the following proviso shall be inserted at the end, namely:
"Provided that where such nomination is made in relation to every block comprising of three general elections to the Assembly, the seat in the Assembly constituted after the first general election shall be reserved for nomination of a woman of the Anglo Indian Community and no seat shall be reserved for the women of that community in the Assembly constituted after the second and the third general elections."
7. After article 334 of the Constitution, the following article shall be inserted namely: 334A
Not with standing anything in the foregoing provisions of this Part or Part VIII, the provisions of this Constitution relating to the reservation of seats for women in the House of People, the Legislative Assembly of a State and Legislative Assembly of the National Capital Territory of Delhi shall cease to have effect on the expiration of a period of fifteen years from the commencement of the Constitution (Eight-fourth Amendment) Act, 1998:
Provided that nothing in this article shall affect any representation in the House of the People, the Legislative Assembly of State or the Legislative Assembly of the National Capital Territory of Delhi until the dissolution of then existing House, Legislative Assembly of a State or the Legislative Assembly of the National Capital Territory of Delhi, as the case may be".
8. The amendments made to the Constitution, by this Act, shall not affect any representation in the House of the People, the Legislative Assembly of a State or the Legislative Assembly of the National Capital Territory of Delhi until the dissolution of the House the Legislative Assembly of a State or the Legislative Assembly of the National Capital Territory of Delhi, as the case may be, in existence at the commencement of this Act.
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