Constitution (Eighth Amendment) Act, 1959
The Constitution (Eighth Amendment) Act, 1959 extended for a further ten years the constitutional provision for the reservation of seats for the Scheduled Castes and Scheduled Tribes and for the representation of the Anglo-Indian community in the Lok Sabha and the Legislative Assemblies of the States. It amended Article 334 of the Constitution, which originally stipulated that these special provisions would cease to have effect ten years after the Constitution’s commencement (26 January 1960). With this amendment, the period was extended to twenty years, up to 26 January 1970.
This measure was motivated by the recognition that, although notable progress had been achieved in advancing the socio-economic position of the Scheduled Castes and Scheduled Tribes since independence, the conditions which had justified their initial constitutional safeguards continued to persist.
Historical Background
The framers of the Indian Constitution incorporated special provisions for the political representation of disadvantaged groups in Part XVI, as a temporary measure to ensure inclusion and equity in the nation’s early democratic institutions. These provisions guaranteed:
- Reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the House of the People (Lok Sabha) and the Legislative Assemblies of the States.
- Nomination of representatives from the Anglo-Indian community by the President (Article 331) and by Governors of States (Article 333), where that community was not adequately represented.
These measures were conceived as temporary affirmative actions under Article 334, which provided that such reservations and nominations would cease to operate after ten years from the Constitution’s commencement (i.e. by 26 January 1960).
However, by the end of the 1950s, it was widely accepted that despite progress in education, employment, and political participation, the Scheduled Castes and Tribes still required institutional support to ensure full and equal participation in public life. The Government of India thus proposed to extend these constitutional safeguards for another decade.
Provisions of the Amendment
The Eighth Amendment was a single-clause constitutional revision confined to Article 334. It replaced the words “ten years” with “twenty years”, thereby extending the operation of reservations and nominated representation until 26 January 1970.
After the amendment, Article 334 read:
“Notwithstanding anything in the foregoing provisions of this Part, 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 twenty years from the commencement of this Constitution…”
The proviso clarified that the change would not affect the tenure of any existing Lok Sabha or Assembly until its dissolution.
Legislative Process and Enactment
The Constitution (Eighth Amendment) Bill, 1959 (Bill No. 79 of 1959) was introduced in the Lok Sabha on 16 November 1959 by Pandit Govind Ballabh Pant, the then Minister of Home Affairs. The Bill proposed amendments to Articles 333 and 334, intending both to:
- Fix a specific number of Anglo-Indian members who could be nominated to State Assemblies under Article 333, and
- Extend the reservation period under Article 334.
The Bill was debated in the Lok Sabha on 30 November and 1 December 1959. Clause 2, relating to Article 333, failed to obtain the required constitutional majority of the total membership of the House, even though it secured more than two-thirds of votes from members present and voting. Consequently, it was omitted from the Bill.
Clause 3, concerning Article 334, was adopted unchanged and renumbered as Clause 2. The amended Bill was passed by the Lok Sabha on 1 December 1959, and subsequently by the Rajya Sabha on 7 December 1959.
As the amendment altered the representation of States and hence affected the federal structure, it required ratification by more than half of the State Legislatures in accordance with Article 368(2) of the Constitution. The Bill was duly ratified by States including Andhra Pradesh, Assam, Bombay, Madras, Mysore, Orissa, Punjab, Rajasthan, Uttar Pradesh, and West Bengal.
The Bill received Presidential assent from Dr. Rajendra Prasad on 5 January 1960 and came into force immediately. It was notified in The Gazette of India on 6 January 1960.
Constitutional and Political Context
The provision for political reservation was originally envisioned as a temporary measure to correct centuries of social exclusion and marginalisation. However, the socio-economic indicators of the 1950s revealed persistent disparities:
- Scheduled Castes and Tribes remained underrepresented in higher education, civil services, and local administration.
- Access to land, healthcare, and housing was still limited.
- Structural discrimination and social ostracism continued to hinder full integration into political life.
In this environment, the government argued that removing constitutional safeguards in 1960 would prematurely expose these communities to competition without adequate social preparation. The extension, therefore, was justified as a continuation of transitional protection to secure the constitutional ideal of equality.
Relationship to Other Amendments
The Eighth Amendment was the first extension of the constitutional time limit fixed under Article 334. Subsequent constitutional amendments periodically renewed this safeguard:
- 23rd Amendment (1969) – extended the period up to 1980.
- 45th Amendment (1980) – extended it to 1990.
- 62nd Amendment (1989) – extended it to 2000.
- 79th Amendment (1999) – extended it to 2010.
- 95th Amendment (2009) – extended it to 2020.
- 104th Amendment (2019) – extended it to 2030, though it discontinued the Anglo-Indian representation in Parliament and State Assemblies.
Together, these periodic extensions underscore the enduring relevance of the principle of affirmative representation in India’s constitutional evolution.
Federal and Electoral Implications
The Eighth Amendment affected both national and State-level representation by ensuring the continued reservation of legislative seats for disadvantaged groups. It maintained:
- Scheduled Castes and Tribes’ representation in proportion to their population across States.
- Anglo-Indian representation through nomination, ensuring minority inclusion in legislatures lacking sufficient elected representation.
By extending these safeguards, the amendment contributed to the inclusive consolidation of parliamentary democracy, allowing historically marginalised communities to sustain political participation during India’s formative decades.
Significance
The Eighth Amendment represents a reaffirmation of India’s commitment to social justice, equality, and inclusive representation as foundational constitutional values. Its significance lies in:
- Preserving representation for marginalised communities at a critical stage of nation-building.
- Acknowledging the ongoing need for structural interventions to overcome deep-rooted inequalities.
- Balancing democratic inclusivity with temporariness, as reflected in the periodic review mechanism requiring fresh legislative endorsement every ten years.
By enabling continued access of Scheduled Castes and Tribes to political institutions, the amendment fortified India’s pluralist democracy and gave tangible expression to the constitutional preamble’s promise of “equality of status and opportunity.”
Legacy
Although the Eighth Amendment formally expired in 1970, its spirit continued through successive extensions for more than seven decades. It established the constitutional convention that protective discrimination in representation would persist until substantive social equality was achieved.
Its enduring legacy lies in demonstrating the Constitution’s flexibility to respond to persistent inequalities, while ensuring that India’s democratic institutions remain open and representative of all segments of society. In this way, the amendment became a cornerstone of India’s long-term project of social transformation through constitutional means.