REGISTERED NO. DL-33004/2001

The Gazette of India

EXTRAORDINARY

PART II — Section 2

PUBLISHED BY AUTHORITY

No. 43]

NEW DELHI, MONDAY, NOVEMBER 26,2001 / KARTTKA 5,1923

Separate paging is given to this Part in order that It may be filed as a separate compilation.

LOK SABHA

The following Bills were introduced in Lok Sabha on 26th November, 2001.

BILL No. 105 OF 2001

A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Fifty-second Year of the Republic of India as

follows:—

1. (7) This Act may be called the Constitution (Ninety-second Amendment) Act,

2001.

Short title and

commencement.

(2) It shall be deemed to have come into force on the 17th day of June, 1995.

2. In article 16 of the Constitution, in clause (4A), for the words "in matters of promo-

tion to any class", the words "in matters of promotion, with consequential seniority, to any

class" shall be substituted.

Amendment

pf section 16.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

The Government servants belonging to the Scheduled Castes and the Scheduled

Tribes had been enjoying the benefit of consequential seniority on their promotion on the

basis of rule of reservation. The judgments of the Supreme Court in the case of Virpal Singh

Chauhan (1995) 6 SCC 684 and Ajit Singh No. I AIR 1996 SC 1189, which led to the issue

of the O.M. dated 30lh January, 1997, have adversely affected the interest of the Government

servants belonging to the Scheduled Castes and Scheduled Tribes category in the matter of

seniority on promotion to the next higher grade. This has led to considerable anxiety and

representations have also been received from various quarters including Members of

Parliament to protect the interest of the Government servants belonging to Scheduled

Castes and Scheduled Tribes.

2. The Government has reviewed the position in the light of views received from

various quarters and in order to protect the interest of the Government servants belonging

to the Scheduled Castes and Scheduled Tribes, it has been decided to negate the effect of

O.M. dated 30th January, 1997 immediately. Mere withdrawal of the O.M. dated 30th

January, 1997 will not meet the desired purpose and review or revision of seniority of the

Government servants and grant of consequential benefits to such Government servants will

also be necessary. This will require amendment to article 16(4A) of the Constitution to

provide for consequential seniority in the case of promotion by virtue of rule of reservation.

It is also necessary to give retrospective effect to the proposed constitutional amendment to

article 16{4A) with effect from the date of coming into force of article 16(4A) itself, that is,

from the 17lh day of June, 1995.

3. The Bill seeks to achieve the aforesaid objects.

VASUNDHARARAJE.

NBWDUJD;

The \9th November, 2001.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

BILL No. 110 OF 2001

A Bill to repeal the Essential Services (Maintenance) Ordinance, 1941.

BE it enacted by Parliament in the Fifty-second Year of the Republic of India a!

follows: —

1. This Act may be called the Essential Services (Maintenance) Ordinance Repeal

Act 2001.

Short title.

2. The Essential Services (Maintenance) Ordinance, 1941 is hereby repealed.

Repeal ofOrd,

XI of 1941.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

The Essential Services (Maintenance) Ordinance, 1941 was promulgated by the

Governor General of India on the 19th December, 1941 to make provisions for the

maintenance of certain essential services. The said Ordinance was published in the Gazette

of India, Extraordinury, dated the 10th December, 1941 and is of permanent nature as it was

promulgated during the period when the time limit prescribed under section 72 of the

Government of India Act, 1935, for operation of such Ordinances, i.e., six months from the

date of promulgation, had been omitted by section 1 (3) of the India and Burma (Emergency

Provisions) Act, 1940.

2. Subsequently, the Government of India enacted the Essential Services

(Maintenance) Acts in the years 1968 and 1981. These Acts lapsed on expiry of their life

span. Further, the Essential Services (Maintenance) Ordinance, 1941 was not repealed by

these Acts and the said Ordinance is continuing on the statute books. Since the Essential

Services (Maintenance) Acts subsequently enacted have been allowed to lapse, the Essential

Services (Maintenance) Ordinance, 1941 has also become redundant.

3. The P.C. Jain Commission of review of Administrative Laws, which was set up by

Ihe Government of Indiu has recommended the repeal of the Ordinance mentioned above.

4. In view of the preceding background, the Essential Services (Maintenance)

Ordinance, 1941 is proposed to be repealed.

5. The Bill seeks to achieve the above object.

L.K. ADVANT.

NEW DELHI;

The 9th November, 2001.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

BILL No. 106 OF 2001

A Bill further to amend the Constitution of India.

Brt it cnaclcd by Parliament in the Fifty-second Year of the Republic of India as

follows:—

1. (/) This Art may be called the Constitution (Ninety-third Amendment) Act, 2001.

(2) It shall come into force on such date as the Central Government may, by notification

in the Official Gazette, appoint.

Short tiUc and

coinincnocDWfit

2. A fkr article 21 of the Constitution, the following article shall be inserted, namely:—

"21 A. The State ihall provide free and compulsory education to all children

of the age of six to fourteen years in such manner as the State may, by law,

determine.".

limticn

new article 21 A.

Right to

education,

3. For article 45 of the Constitution, the following article shall be substituted,

namely:—

"45. The State shall endeavour to provide early childhood care and education

for all children until they complete the age of six years.".

Substitution

of new article

for article 45.

Provision for

early childhood

care and

education to

children

below the age

of six years.

4. In article 51A of the Constitution, after clause (/) the following clause shall be

added, namely:—

"(A) who is a parent or guardian to provide opportunities for education to his

child or, as the case may be, ward between the age of six and fourteen years.".

Amendment

of article

S1A.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

The Constitution of India in a Directive Principle contained in article 45, has made a

provision for Tree and compulsory education for all children up to the age of fourteen years

within ten years of promulgation of the Constitution. We could not achieve this goal even

ai^r 50 years of adoption of this provision. The task of providing education to all children

in ihis age group gained momentum after the National Policy of Education (NPE) was

announced in 1986. The Government of India, in partnership with the State Governments,

has made strenuous efforts to fulfil this mandate and, though significant improvements

were seen in various educational indicators, the ultimate goal of providing universal and

quality education still remains unfulfilled. In order to fulfil this goal, it is felt that an

explicit provision should be made in the Part relating to Fundamental Rights of the Consti-

tution.

2. With a view to making right to free and compulsory education a fundamental right,

the Constitution (Eighty-third Amendment) Bill, 1997 was introduced in Parliament to

insert a new article, namely, article 21A conferring on all children in the age group of 6 to

14 years (he right to free and compulsory education. The said Bill was scrutinised by the

Parliamentary Standing Committee on Human Resource Development and the subject was

also dealt with in its 165th Report by the Law Commission of India.

\ Altev taking ir.lo consideration the report of the Law Commission of India and the

recommendations of the Standing Committee of Parliament, the proposed amendments in

Part III, Part IV and Part IVA of the Constitution are being made which are as follows:—

(a) to provide for free and compulsory education to children in the age group of

6 to 14 years and for this purpose, a legislation would be introduced in Parliament

after (he Constitution (Ninety-third Amendment) Bill, 2001 is enacted;

(b) to provide in article 45 of the Constitution that the State shall endeavour to

provide early childhood care and education to children below the age of six years;

and

shall be the obligation of the parents to provide opportunities for education to their

children.

4. The Bill seeks lo achieve the above objects,

MURLI MANOHAR JOSHI.'

NEWDFXJU;

Tht \6th November, 2001.

Stc. 2)

THE GAZETTE OF INDIA EXTRAORDINARY

FINANCIAL MEMORANDUM

Clause 2 of the Bill seeks to insert a new article 21A in the Constitution, which

makes the Stale responsible for providing free and compulsory education to all children in

the age group 6 years to 14 years. Thus, it would become the duty of the State to provide

easily accessible facilities for quality elementary education to all children in this age

group.

2. The total overall financial burden due to implementation of obligations under the

proposed provision would be about Rs. 9,800 crores per annum to be shared between

Central and State Governments. In a ten year period, this is estimated at Rs. 98,000 crores.

G.C.MALHOTRA

Secretary-General.

PRlNTtK BY THH MANAGER, GOVERNMENT OF INDIA PRESS (PLU), MINTO ROAD, NEW DBLHI

AND PUBLISHED B Y THE CONTROLLER OF PUBLICATIONS, DELHI, 2 0 0 1 .

IWGIP(PLU)MRND—3751QQI—5.12.2001.