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THE CONSTITUTION (FIFTY-FIFTH AMENDMENT) ACT, 1986

Statement of Objects and Reasons appended to the Constitution
       (Fifty-fifth Amendment) Bill, 1986 which was enacted as
          THE CONSTITUTION (Fifty-fifth Amendment) Act, 1986

STATEMENT OF OBJECTS AND REASONS

The Government of India have proposed to confer statehood on the Union
territory  of  Arunachal  Pradesh.   It  has  also   been  proposed  as
follows:-

(i)  Having regard to the sensitive location of Arunachal Pradesh, the
Governor  of the proposed new State shall have special  responsibility
with respect to law and order in the State and in the discharge of his
functions thereto, the Governor shall, after consulting the Council of
Ministers,  exercise  his individual judgment as to the action  to  be
taken and this special responsibility of the Governor shall cease when
the President by order so directs;

(ii)  the  Legislative Assembly of the new State of Arunachal  Pradesh
shall  consist  of forty members.  But as it is proposed to  make   the
existing  thirty-member Legislative Assembly of the Union territory of
Arunachal  Pradesh to be the provisional Legislative Assembly for  the
new  State of Arunachal Pradesh until elections are held on the expiry
of  the  five  year term of the existing Assembly, it is  proposed   to
provide  that  the Legislative Assembly of the new State of  Arunachal
Pradesh shall consist of not less than thirty members.

2.  In order to give effect to the above proposals, it is necessary to
make  special  provisions in the Constitution.  This Bill  accordingly
seeks  to amend the Constitution to provide for the aforesaid matters.
A  separate  Bill for the establishment of the new State relatable  to
article 2 is also being introduced.

NEW DELHI; BUTA SINGH.

The 1st December, 1986.

        THE CONSTITUTION (FIFTY-FIFTH AMENDMENT)
           ACT, 1986

[23rd December, 1986.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Thirty-seventh Year of the Republic
of India as follows:-

1.   Short  title  and commencement.-(1) This Act may  be  called  the
Constitution (Fifty-fifth Amendment) Act, 1986.

(2)  It  shall  come  into  force on  such  date_673  as  the  Central
Government may, by notification in the Official Gazette, appoint.

2.   Insertion  of  new  article    371H.- After  article  371G  of
the Constitution, the following article shall be inserted, namely:-

"371H.   Special  provision  with respect to the  State  of  Arunachal
Pradesh.- Notwithstanding anything in this Constitution,-

(a)   the   Governor  of   Arunachal   Pradesh   shall   have    special
responsibility with respect to law and order in the State of Arunachal
Pradesh and in the discharge of his functions in relation thereto, the
Governor  shall,  after consulting the Council of Ministers,  exercise
his   individual   judgment   as   to    the  action   to   be   taken:

Provided that if any question arises whether any matter is or is not a
matter as respects which the Governor is under this clause required to
act in the exercise of his individual judgment, the decision of the
Governor in his discretion shall be final, and the validity of
anything done by the Governor shall not be called in question on the
ground that he ought or ought not to have acted in the exercise of his
individual judgment:

Provided further that if the President on receipt of a report from the
Governor  or otherwise is satisfied that it is no longer necessary for
the  Governor  to have special responsibility with respect to law  and
order  in the State of Arunachal Pradesh, he may by order direct  that
the  Governor shall cease to have such responsibility with effect from
such date as may be specified in the order;

(b)  the Legislative Assembly of the State of Arunachal Pradesh  shall
consist of not less than thirty members.".


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