Thirty Second Constitutional Amendment Act 1973 explained – Indian Polity – Free PDF Download

32^nd Amendment 1973

STATEMENT OF OBJECTS AND REASONS

• When the State of Andhra Pradesh was formed in 1956, certain safeguards were envisaged for the Telangana area in the matter of development and also in the matter of employment opportunities and educational facilities for the residents of that area.
• The provisions of clause (1) of article 371 of the Constitution were intended to give effect to certain features of these safeguards.
• The Public Employment (Requirement as to Residence) Act, 1957, was enacted inter alia to provide for employment opportunities for residents of Telangana area.
• But in 1969, the Supreme Court held the relevant provision of the Act to be unconstitutional is so far as it related to the safeguards envisaged for the Telangana area.
• Owing to a variety of causes, the working of the safeguards gave rise to a certain amount of dissatisfaction sometimes in the Telangana area and sometimes in the other areas of the State. Measures were devised from time to time to resolve the problems.
• Recently several leaders of Andhra Pradesh made a concerted effort to analyse the factors which have been giving rise to the dissatisfaction and find enduring answers to the problems with a view to achieving fuller emotional integration of the people of Andhra Pradesh
• On the 21st September, 1973, they suggested certain measures (generally known as the Six-Point Formula) indicating a uniform approach for promoting accelerated development of the backward areas of the State so as to secure the balanced development of the State as a whole and for providing equitable opportunities to different areas of the State in this matter of education, employment and career prospects in public services.
• This formula has received wide support in Andhra Pradesh and has been endorsed by the State Government.
• This Bill has been brought forward to provide the necessary constitutional authority for giving effect to the Six-Point Formula in so far as it relates to the provision of equitable opportunities for people of different areas of the State in the matter of admission to educational institutions and public employment and constitution of an Administrative Tribunal with jurisdiction to deal with certain disputes and grievances relating to public services.
• The Six-Point Formula is a political settlement reached between the Government of India and various regions of Andhra Pradesh on 21 September 1973.
• It was agreed upon by the leaders of the two regions to prevent any recurrence of such agitations in the future. To avoid legal problems, constitution was amended (32nd amendment) to give the legal sanctity to the Six-Point formula.
• During the time there was President’s rule in Andhra Pradesh after P. V. Narasimha Rao resigned as Chief Minister of Andhra Pradesh, after flaring up of Jai Andhra Movemment.
• Accelerated development of the backward areas of the State, and planned development of the State capital, with specific resources earmarked for these purposes; and appropriate representation of such backward areas in the State legislature, along with other experts, should formulate and monitor development schemes for the areas.
• The formation at the State level of a Planning Board as well as Sub-Committees for different backward areas should be the appropriate instrument for achieving this objective.

1. Institution of uniform arrangements throughout the State enabling adequate preference being given to local candidates in the matter of admission to educational institutions, and establishment of a new Central University at Hyderabad to augment the existing educational facilities should be the basis of the educational policy of the State.
2. Subject to the requirements of the State as a whole, local candidates should be given preference to specified extent in the matter of direct recruitment to (i) non-gazetted posts (other than in the Secretariat. Offices of Heads of Department, other State level offices and institutions and the Hyderabad City Police) (ii) corresponding posts under the local bodies and (iii) the posts of Tahsildars, Junior Engineers and Civil Assistant Surgeons. To improve their promotion prospects, service cadres should be organised to the extent possible on appropriate local basis up to specified gazetted level, first or second, as may be administratively convenient.
3. A high-power administrative tribunal should be constituted to deal with the grievances of services regarding appointments, seniority, promotion and other allied matters. The decisions of the Tribunal should ordinarily be binding on the State Government. The constitution of such a tribunal would justify limits on recourse to judiciary in such matters.
4. In order that implementation of measures based on the above principles does not give rise to litigation and consequent uncertainty, the Constitution should be suitably amended to the extent necessary conferring on the President enabling powers in this behalf.
5. The above approach would render the continuance of Mulki Rules and Regional Committee unnecessary

STATEMENT OF OBJECTS AND REASONS

• The Bill also seeks to empower Parliament to legislate for establishing a Central University in the State and contains provisions of an incidental and consequential nature including the provision for the validation of certain appointments made in the past.
• As the Six-Point Formula provides for the discontinuance of the Regional Committee constituted under clause (1) of article 371 of the Constitution, the Bill also provides for the repeal of that clause.

Constitutional Amendment Series Download Free PDF

Sharing is caring!