Sixty-second Amendment of the Constitution of India

The Sixty-second Amendment of the Constitution of India, officially known as The Constitution (Sixty-second Amendment) Act, 1989, extended the period of reservation of seats for the Scheduled Castes (SCs) and Scheduled Tribes (STs), and the representation of the Anglo-Indian community in the Lok Sabha and the State Legislative Assemblies for a further period of ten years, up to 26 January 2000. This amendment continued the constitutional safeguards originally provided in Article 334 of the Indian Constitution.

Background and Constitutional Context

Article 334 of the Constitution of India, as adopted in 1950, specified that the provisions for the reservation of seats for the Scheduled Castes and Scheduled Tribes in the Lok Sabha and State Legislative Assemblies, and the nomination of members from the Anglo-Indian community, would cease after ten years from the commencement of the Constitution. This period was initially due to end in 1960.
However, recognising that the goals of social equality and adequate political representation had not yet been fully achieved, Parliament extended this duration periodically through constitutional amendments:

• 8th Amendment (1959): Extended the reservation period from 1960 to 1970.
• 23rd Amendment (1969): Further extended the period to 1980.
• 45th Amendment (1980): Extended it to 1990.

By the late 1980s, it became clear that although some progress had been made in improving the socio-economic conditions of the Scheduled Castes and Scheduled Tribes, significant disparities persisted. Many communities continued to face discrimination and underrepresentation, necessitating another extension of the constitutional provision.

Legislative Proposal and Introduction of the Bill

The Constitution (Sixty-second Amendment) Bill, 1989 (Bill No. 26 of 1989), was introduced in the Rajya Sabha on 20 December 1989 by Ram Vilas Paswan, then Minister of Labour and Welfare. The Bill sought to amend Article 334 of the Constitution by substituting the words “forty years” with “fifty years”, thereby extending the reservation period by another ten years.
The Statement of Objects and Reasons accompanying the Bill acknowledged the social progress of the Scheduled Castes and Scheduled Tribes but emphasised that the historical reasons which had justified their special representation had not yet disappeared. It noted that the extension was necessary to ensure continued participation of these communities in legislative processes and to prevent the erosion of political gains achieved since independence.
The Bill stated:

“Although the Scheduled Castes and the Scheduled Tribes have made some progress in the last forty years, the reasons which weighed with the Constituent Assembly in making provisions with regard to the aforesaid reservation of seats and nomination of members have not ceased to exist. It is, therefore, proposed to continue the reservation for a further period of ten years.”

Parliamentary Passage and Presidential Assent

The Rajya Sabha debated and passed the Bill on 21 December 1989, and the Lok Sabha passed it on 26 December 1989. The amendment was enacted in accordance with Article 368 of the Constitution, which governs the procedure for constitutional amendments. As the amendment concerned matters affecting the federal structure, it required ratification by more than half of the State Legislatures.
Following the ratification process, the amendment received the assent of President R. Venkataraman on 25 January 1990, and it was notified in The Gazette of India on the same date. The Act was deemed to have come into effect retroactively from the date the Bill was introduced in the Rajya Sabha, i.e., 20 December 1989.

Amendment to Article 334

The Sixty-second Amendment modified the text of Article 334 by replacing the words “forty years” with “fifty years”. After the amendment, Article 334 read as follows:

“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 fifty years from the commencement of this Constitution.”

This amendment ensured that the provisions for reservation and nomination remained valid until 26 January 2000.

Ratification by States

The amendment required ratification by at least half of the State Legislatures, as it concerned provisions relating to the representation of States in Parliament. The following States ratified the amendment:

• Andhra Pradesh
• Gujarat
• Haryana
• Himachal Pradesh
• Karnataka
• Kerala
• Meghalaya
• Mizoram
• Nagaland
• Orissa
• Rajasthan
• Sikkim
• Tamil Nadu
• Uttar Pradesh
• West Bengal

States that did not ratify the amendment included:Arunachal Pradesh, Assam, Bihar, Goa, Jammu and Kashmir, Madhya Pradesh, Maharashtra, Manipur, Punjab, and Tripura.

Significance and Impact

The Sixty-second Amendment continued India’s commitment to ensuring adequate political representation for historically disadvantaged communities. It recognised that social and economic empowerment could not be achieved in isolation from political participation.
The amendment’s significance can be summarised as follows:

• Continuity of Representation: It ensured that Scheduled Castes and Scheduled Tribes retained their reserved seats in legislatures, thus preventing any potential setback in their political empowerment.
• Protection of Anglo-Indian Representation: The nomination of members from the Anglo-Indian community was continued, maintaining inclusivity and acknowledging India’s pluralistic ethos.
• Reaffirmation of Constitutional Commitment: The extension demonstrated Parliament’s ongoing recognition that the constitutional objective of equality and social justice required sustained legislative support.

Subsequent Developments

The extension provided by the Sixty-second Amendment was temporary, lasting until 2000. Subsequent amendments continued the reservation policy:

• 79th Amendment (1999): Extended the reservation period to 2010.
• 95th Amendment (2009): Extended it further to 2020.
• 104th Amendment (2019): Extended it to 2030, though it discontinued the special representation for the Anglo-Indian community.

Together, these amendments highlight the evolving approach of the Indian state in balancing affirmative action with the gradual aim of achieving substantive equality.

Historical and Political Context

The Sixty-second Amendment was enacted at a time of political transition in India, following the general elections of 1989, which resulted in a change of government at the Centre. Despite this, the amendment was supported across party lines, underscoring the national consensus on the need to protect the political rights of marginalised groups.
It also reflected the legacy of the Constituent Assembly, which had envisaged temporary reservations as a means to promote inclusivity and social mobility. However, the repeated extensions underscore the enduring nature of social inequities in India’s democratic fabric.