Constitution (Twenty-second Amendment) Act, 1969

The Constitution (Twenty-second Amendment) Act, 1969 introduced provisions enabling the creation of an autonomous State within the State of Assam, comprising certain tribal areas. The amendment authorised Parliament to provide such an autonomous State with a Legislature and a Council of Ministers, outlining their powers and functions.
This amendment also provided for special financial arrangements and legislative committees concerning the tribal areas of Assam, through the introduction of Articles 244A and 371B and the amendment of Article 275. It represented a significant constitutional measure to address the political aspirations and administrative autonomy of the hill tribes in Assam, particularly in the regions that later became Meghalaya.

Background

Following India’s independence, the State of Assam included several tribal hill areas, governed under special provisions in the Sixth Schedule of the Constitution. These regions, such as the Khasi Hills, Jaintia Hills, and Garo Hills, were inhabited by distinct tribal communities with their own customs, languages, and administrative practices.
In the 1950s and 1960s, there emerged strong political and cultural movements in these areas demanding greater autonomy and, in some cases, complete separation from Assam. The All Party Hill Leaders Conference (APHLC) and similar organisations pressed for either a separate hill state or autonomous self-governing institutions within Assam.
To address these concerns, the Government of India formulated a proposal to create an autonomous State within Assam. On 11 September 1968, the Government publicly announced the scheme for forming such a State, covering the areas specified in Part A of the table appended to Paragraph 20 of the Sixth Schedule to the Constitution.
The constitutional authority for such a formation did not exist at that time. Therefore, the Twenty-second Amendment was introduced to provide the necessary legal and constitutional framework to enable the creation of an autonomous State within Assam by parliamentary legislation.

Objectives of the Amendment

The Statement of Objects and Reasons appended to the Bill set out the following goals:

1. To insert a new Article 244A empowering Parliament to enact laws for forming an autonomous State within Assam, including provision for a Legislature and a Council of Ministers.
2. To make a consequential amendment to Article 275 to ensure the flow of financial grants to the new autonomous State.
3. To insert Article 371B providing for the constitution of a special committee of the Assam Legislative Assembly to represent the interests of the tribal areas.

This amendment thus sought to combine self-governance for the hill tribes with the integrity of the State of Assam, serving as a constitutional compromise between full statehood and centralised administration.

Provisions of the Amendment

The Twenty-second Amendment Act contained four main sections that introduced new constitutional articles and modified existing ones.

1. Insertion of Article 244A

Article 244A empowered Parliament to form an autonomous State within Assam and to provide for:

• A Legislature, whether elected or partly nominated;
• A Council of Ministers;
• Allocation of legislative and executive powers between the autonomous State and the State of Assam.

Key features included:

• Legislative competence: Parliament could determine which matters from the State List or Concurrent List would fall within the autonomous State’s jurisdiction.
• Executive authority: Defined the matters over which the autonomous State’s executive power would extend.
• Financial arrangements: Parliament could assign certain taxes levied by Assam to the autonomous State.
• Amendment safeguards: Any future amendment to such a law concerning legislative or executive powers required a two-thirds majority in both Houses of Parliament.
• Non-constitutional amendment clause: The article specified that such a law would not be deemed an amendment to the Constitution under Article 368.

This article provided a flexible framework to create a semi-federal structure within Assam, balancing local self-rule with state integrity.

2. Amendment to Article 275

Article 275 was amended to insert clause (1A), which provided for:

• Financial grants to the autonomous State formed under Article 244A.
• Apportionment of existing grants between Assam and the autonomous State.
• Special grant-in-aid provisions for developmental schemes in the autonomous region to bring its administration at par with the rest of Assam.

This ensured that the autonomous State would receive equitable financial support from the Union Government.

3. Insertion of Article 371B

A new Article 371B was inserted to enable the President to establish a committee within the Assam Legislative Assembly, consisting of members elected from the tribal areas listed in Part A of the Table appended to Paragraph 20 of the Sixth Schedule and such additional members as may be specified.
The article also authorised the President to modify the rules of procedure of the Assembly to facilitate the functioning of this committee.
This provision aimed to ensure that the tribal representatives from the hill areas could participate effectively in legislative affairs concerning their regions.

4. Short Title and Commencement

The Act was titled the Constitution (Twenty-second Amendment) Act, 1969, and came into force on 25 September 1969, upon receiving Presidential assent.

Legislative History

• First Attempt (1968): The Constitution (Twenty-second Amendment) Bill, 1968 was introduced in the Lok Sabha on 10 December 1968 by Yashwantrao Chavan, Minister of Home Affairs. It was referred to a Joint Committee of Parliament, which presented its report on 12 March 1969. However, this Bill was later withdrawn on 2 April 1969.
• Second Attempt (1969): A revised Bill, titled the Constitution (Twenty-second Amendment) Bill, 1969 (Bill No. 34 of 1969), was introduced in the Lok Sabha on 10 April 1969. It retained the core proposals of the earlier Bill with minor modifications.
• The Bill was passed by the Lok Sabha on 15 April 1969, and by the Rajya Sabha on 30 April 1969.
• The President, Varahagiri Venkata Giri, gave assent on 25 September 1969, and the Amendment came into force the same day.
• It was notified in The Gazette of India on 26 September 1969.

Ratification by States

As the Amendment affected federal provisions, it required ratification under Article 368(2). It was ratified by the Legislatures of the following States:

• Assam
• Gujarat
• Haryana
• Kerala
• Madhya Pradesh
• Maharashtra
• Mysore (now Karnataka)
• Nagaland
• Rajasthan
• Tamil Nadu
• Uttar Pradesh
• West Bengal

States that did not ratify the Amendment included Andhra Pradesh, Bihar, Jammu and Kashmir, Orissa, and Punjab.

Constitutional Significance

The Twenty-second Amendment had far-reaching implications for India’s federal and tribal governance framework, particularly in the North-East. Its constitutional and political importance lies in several key areas:

1. Foundation for Meghalaya: The Amendment provided the constitutional basis for creating the Autonomous State of Meghalaya within Assam in 1970, which later achieved full statehood in 1972 under the North-Eastern Areas (Reorganisation) Act, 1971.
2. Decentralisation within Federalism: It represented an innovative constitutional mechanism for sub-state autonomy, balancing regional aspirations with national unity.
3. Protection of Tribal Interests: Through Article 371B, it institutionalised special representation for tribal communities in the legislative process, ensuring their voice in policymaking.
4. Financial Safeguards: The amendment ensured sustained Union support for developmental schemes in tribal regions, addressing historical disparities.
5. Flexible Constitutional Mechanism: By allowing Parliament to create an autonomous State through ordinary legislation rather than constitutional amendment, Article 244A introduced a flexible approach to regional autonomy adaptable to changing political contexts.

Impact and Legacy

The 22nd Amendment laid the groundwork for resolving ethnic and regional demands in the North-East through constitutional innovation rather than secessionist confrontation. It provided a peaceful and democratic framework for accommodating regional autonomy within India’s federal structure.
The eventual formation of Meghalaya as a full-fledged State in 1972 is often viewed as the direct outcome of the constitutional pathway established by this amendment. It also set a precedent for future special provisions for other North-Eastern States under Article 371 series amendments.