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Thursday, December 28, 2017

Some Important Amendments of the Constitution of India

The 1st Constitutional Amendment Act, 1951
In June 1951, the 1st Constitutional Amendment Act was passed, and the following Amendment in the Constitution were added: (i) To Article 15, a new clause (4) was added: (ii) changes were made in clauses (2) and (6) of Article 19; (iii) After Article 31, Article 31A and 31B were added; (iv) For Original Article 85, a new Article was substituted; (v) In Article 87, clauses (1) and (2) were restructured; (vi) For the Original Article 174, a new Article was substituted; (vii) In Article 176, clauses (1) and (2) were restructured: (viii) Clause (1) of Article 341 was restructured; and similarly, clause (1) of Article 342, sub-clause (a) of Article 342, sub clause (a) of clause (3) of Article 372, and clause (1) of Article 376 were also restructured; (ix) After the Eight Schedule to the Constitution a Ninth Schedule was added and thirteen laws passed by the State Legislatures were included in it so that those Acts might not be challenged in courts.


The 7th Constitutional Amendment Act, 1956
The 7th Amendment to Indian Constitution brought about the most comprehensive changes so fair in the Constitution. This amendment was planned to implement the State Reorganization Act. The Second and Seventh schedules were substantially amended for the purpose of the States Reorganization Act.

The 10th Constitutional Amendment Act, 1961
The 10th Amendment incorporates the areas of Free Dadra and Nagar Haveli with the Union of India and provides for their administration under the regulation making powers of the President.

The 12th Constitutional Amendment Act, 1962
The main object of the Amendment was to add Union Territories of Goa, Daman and Diu to the Union of India and for this First Schedule of the Constitution was amended.

The 13th Constitutional Amendment Act,, 1962
The Act provides the creation of Nagaland as the Sixteenth State of the Union. The Amendment provides also for the vesting of certain special responsibilities in the Governor of Nagaland.


The 14th Constitutional Amendment Act,, 1962
The amendment provides for the incorporation of the former French Establishments in India, under the name Pondicherry, as an integral part of the territory of the Indian Union. it also amended Article 31 to increase, from a maximum 20 to 25, the number of seats assigned in the Lok Sabha for the Union Territories.


The 15th Constitutional Amendment Act,, 1963
This amendment rose the retirement age of High Court. Judges from 60 to 62 years.  It extended the jurisdiction of High Court to issue writs under Art. 226 to a government or authority situated outside its territorial jurisdiction.

The 16th Constitutional Amendment Act, 1963
The 16th Constitutional Amendment Act, 1963 seeks to enable Parliament to make laws provident penalty for any person questioning the sovereignty and integrity of India. Under the provisions of the this Amendment, a person shall not be qualified to be chosen to fill a seat in Parliament or in the Legislature of State unless, inter-alia, he maker or subscribes before a person authorised by the Election Commission an oath or affirmation that he will bear true faith and allegiance to the Constitution and will uphold the sovereignty and integrity of India.

The 19th Constitutional Amendment Act, 1966
The Act modified Article 324 so as to terminate the jurisdiction of election tribunals to decide election disputes. The Amendment withdrew from the Election Commission the power of setting up election tribunals.

The 21st Constitutional Amendment Act, 1967
It amended the Eight Schedule to the Constitution by including ‘Sindhi’ language.                                   

The 25th Constitutional Amendment Act, 1971
The 25th amendment of the Constitution in 1971 added a new clause, Article 31C to the Constitution. Upto 1971, the position was that fundamental rights prevailed over the directive principles of State Policy and that a law enacted to implement a directive principle could not be valid if it conflicted with a fundamental right. Article 31C sought to change this relationship to some extent by conferring primacy on Articles 39(b) and 39(c) over Articles 14, 19 and 31.

The 26th Constitutional Amendment Act, 1971
It abolishes Articles 291 and 362 of the Constitution and also inserts a new Article 362A after Article 363. the cumulative effect of these changes is the end of the recognition granted to the former rulers of Indian States and the abolition of Privy Purses.


The 27th Constitutional Amendment Act, 1971
The 27th Act was enacted to implement the decision to establish the Union Territory of Mizoram. It empowered Parliament to create a legislature and Council of Minister for the new territory.


The 30th Constitutional Amendment Act, 1972
By this amendment Article 133 was recast so as to redefine the Civil Appellate Jurisdiction of the Supreme Court. The result of this Amendment is that while any case involving an important question of law can reach the Supreme Court by way of appeal, a case however large the amount involved therein but involving no substantial point of law, would fail to reach the Supreme Court.

The 31st Constitutional Amendment Act, 1973
By this amendment, the strength of the Lok Sabha was increased from 525 to 545 members. This was done to accommodate the increase in population as revealed by the 1971 Census. Accordingly, Article 81(i)(a) was suitably amended.

The 35th Constitutional Amendment Act Acts, 1974-1975
The 35th Amendment Act introduced and innovation in the Indian Constitution by conferring on Sikkim the status of an associate in the Indian Union. This was however, a short-lined experiment. The people of Sikkim desired to be and integral part of India. Accordingly, the Constitution Thirty-sixth Amendment Act was enacted in 1975 to confer full-fledged statehood on Sikkim.

The 36th Constitutional Amendment Act, 1975
The Amendment upgraded the status of Arunachal Pradesh as a Union Territory. Articles 239A and 240 were amended so as to authorize Parliament to create for Arunachal Pradesh a Legislature and Council of Ministers.

The 38th Constitutional Amendment Act, 1975
This Amendment Act was enacted during the emergency to make certain modification in the emergency provisions. The Presidential ‘satisfaction’ to issue a proclamation was declared to be final and conclusive. A classificatory clause was added to Article 356(1) so as to make Presidential ‘satisfaction’ to issue a proclamation there under as ‘final and conclusive’ which shall not be questioned in any court on any ground.

This Amendment also declared that the ‘satisfaction’ of the president and a State Governor to issue ordinances would be ‘final and conclusive’ and shall not be questioned in any court on any ground’.

The 39th Constitutional Amendment Act, 1975
The voiding of the election the Lok Sabha of PM Indira Gandhi by the Allahabad High Court in 1975 on the petition of Raj Narain led to the enactment of the 39th Amendment Act, 1975. It introduced changes in the method deciding election disputes relating to the four high official of the state, viz. President, Vice-President, Prime Minister and the Speaker. Under the new Article 71(2), Parliament by the law was to establish some ‘authority’ or ‘body’ for deciding such disputes, and its decisions have not be challengeable in any court.

The 42nd Constitutional Amendment Act, 1976
Established the supremacy of Parliament and curtailed the powers of Judiciary. The Act was first of its kind. It was the most comprehensive Act and touched almost all the sensitive areas of the Constitution. The Amendment was meant to enhance enormously the strength of the Government. The change incorporated three words ‘Socialist, Secular, and Integrity’. Fundamental duties were added in Part IV A. Directive Principles were given precedence over Fundamental Rights and any law made to this effect by the Parliament was kept beyond the scope of judicial review by the court. It made parliament supreme.

The 43rd Constitutional Amendment Act, 1977
In 1977, the Emergency came to an end the Janata Party came into power. It made an election pledge that it would repeal the 42nd Amendment and restore the status quo ante. The 43rd Amendment repealed some of the provisions of the 42nd Amendment.

The 44th Constitutional Amendment Act, 1978
The 44th Amendment passed in 1978 undid most of the distortions introduced into the Constitution by the 42nd Amendment of the Constitution. The salient features of the Amendment Act are as follows:

•    It reduced the life of Lok Sabha and State Legislative Assemblies again to five years and thus restore the status quo ante.
•    It cancelled 39th Amendment which had deprived the Supreme Court of its jurisdiction to decide disputes concerning election of the President and the Vice-President.
•    A new provision was added to Article 74(1) saying that the President cold require the council of ministers to reconsider its advice to him, either generally or otherwise and the President should Act in accordance with the advice tendered after such re-consideration.
•    Article 257A was omitted.
•    It has been provided that an Emergency can be proclaimed only on the basic of written advice tendered to the President by the cabinet.
•    Right the property has been taken out from the list of Fundamental Rights and has been declared a legal right.
    
The 52nd Constitutional Amendment Act, 1985
This amendment brought under Rajiv Gandhi regime as Prime Minister. It added 10th schedule to the constitution containing the modes for disqualification in case of defection from the Parliament or State legislature.

The 55th Constitutional Amendment Act, 1986
The Union Territory of Arunchal Pradesh was elevated to the status of a State by the 55th Amendment Act.

The 56th Constitutional Amendment Act, 1987
Goa was made full fledged state with a State Assembly but Daman and Diu stayed as UT.

The 58th Constitutional Amendment Act, 1987
The Amendment Act provides the reservation of seats for tribals in the Legislative Assemblies of Arunchal Pradesh, Meghalaya, Mizoram and Nagaland.

The 59th Constitutional Amendment Act, 1988
The Act empowered the Government to impose emergency in Punjab on the grounds that India’s integrity was threatened by internal disturbances.

The 61st Constitutional Amendment Act, 1988
The 61st Amendment reduces the voting age from 21 years to 18 years for the Lok Sabha and Assembly election.

The 62nd Constitutional Amendment Act, 1990
The 62nd Amendment Act extends by 10 years the reservation of seats for the Scheduled Castes and Scheduled Tribes in the Lok Sabha and State Assemblies as well as nomination representatives of the Anglo-Indian community.

The 65th Constitutional Amendment Act, 1990
Article 338 of the Constitution has been amended for the Constitution of a National Commission for Scheduled Castes and Scheduled Tribes consisting of a chairperson, vice-chairperson and five other members who shall be appointed by the President by warrant under his hand and seal.

The 66th Constitutional Amendment Act, 1990
The Act protects fifty-five State Acts relating to land reforms and ceiling on agricultural land holdings, enacted by States of Andhra Pradesh, Karnataka, Kerala, Madhya Pradesh, West Bengal and Union Territory of Pondicherry, from challenge in courts, by including them in the Ninth Schedule to the Constitution.

The 69th Constitutional Amendment Act, 1991
The Amendment Act seeks grant of Statehood to Delhi as ‘National Capital Territory of Delhi’. It also provides a 70 member assembly and a 7 member Council Ministers for Delhi.

The 70th Constitutional Amendment Act, 1992
It facilitates for members of Delhi and Pondicherry assemblies to participate in the election of the President.

The 71st Constitutional Amendment Act, 1992
The amendment facilitates for the inclusion of Napali, Manipuri and Konkani in the eight schedule of the Constitution. With the inclusion of these three languages, the number of languages in the Eight Schedules goes up to 18.

The 73rd Constitutional Amendment Act, 1992
For restoring peace and harmony in the areas of the State of Tripura where disturbed conditions prevailed, Memorandum of Settlement was signed by the Government of India with Tripura National Volunteers on August 12,1988.

The 74th Constitutional Amendment Act, 1992
The Seventy-third Constitutional Amendment Act, 1992 was passed by the Parliament on December 22nd, 1992 which was notified by the Central Government through Official Gazette on April 20, 1993 as it got rectification by the State legislatures and was assented to by the President of India. After notification the Panchayati Raj institutions have now got Constitutional legitimacy.

The 78th Constitutional Amendment Act, 1995
This Amendment has added a new clause (4-a) to Article 16 of the Constitution which empowers the State to make any provisions for reservation in promotions in Government jobs in favour of SCs and STs, if it is of opinion that they are inadequately represented in the services under the State. This has been done to nullify the effect of the Supreme Court Judgment in the Mandal Commission Case (Indra Sawhney vs. Union of India) in which the Court has held that reservation in promotions cannot be made.

The 80th Constitutional Amendment Act, 2000
Based on the recommendations of the Tenth Finance Commissions, an alternative scheme for sharing taxes between the Union and the State has been enacted by the Constitution (Eightieth Amendment) Act, 2000. Under the new scheme of devolution of revenue between Union and the States, 26 per cent out of gross proceeds of union taxes and duties is to be assigned to the States in lieu of their existing share in the income-tax, excise duties special excise duties and grants in lieu of tax on railway passenger fares.

The 81st Constitutional Amendment Act, 2000
By this amendment the unfilled vacancies of a year which reserved for the Scheduled Castes and the Scheduled Tribes for being filled up in that year in accordance with any provision of reservations made under Article 16 of the Constitution shall be considered as a separate class of vacancies to be filled up in any succeeding year or years, and such class of vacancies shall not be considered together with the vacancies of the year in which they were filled up for determining the ceiling of fifty per cent reservation against total number of vacancies of that year.


The 82nd Constitutional Amendment Act, 2000
The amendment provides that nothing in Article 335 shall prevent the State from making any provisions in favor of the members of the Scheduled Castes and the Scheduled Tribes for relaxation in qualifying marks in any examination or lowering the standards of evaluation for reservation in matters of promotion to any class or classes of services or posts in connection with affairs of the Union or of a State.

The 84th Constitutional Amendment Act, 2001
The Act amended provisions to Article 82 and 170(3) of the Constitution to readjust and rationalize the territorial constituencies in the States, without altering the number of seats allotted to each State in the House of People and Legislative Assemblies of the States, including the Scheduled Castes and Scheduled Tribes Constituencies, on the basis of the population ascertained at the census for the year 1991 so as to remove the imbalance caused due to uneven growth of population/electorate in different constituencies.

The 85th Constitutional Amendment Act, 2001
This Act amended Article 16 (4A) of the Constitution to provide for consequential seniority in the case of promotion by virtue of rule of reservation for Government servants belonging to the Scheduled Castes and the Scheduled Tribes.

The 86th Constitutional Amendment Act, 2002
With a view to making right to free and compulsory education a fundamental right, the Act inserts a new Article, namely, Article 21A conferring on all children in the age group of 6 to 14 years the right to free and compulsory education. The Act amends in Part-III, Part –IV and Part-IV (A) of the Constitution.

The 87th Constitutional Amendment Act, 2003
The Amendment provides for readjustment of electoral constituencies, including those reserved for the Scheduled Castes and the Scheduled Tribes, based on the population census for the year 2001, without affecting the number of seats allocated to States in the legislative bodies.

The 88th Constitutional Amendment Act, 2003
The Act amends Article 268, 270 and VII Schedule of the Constitution. It adds 92C just after 92B and makes provisions for Tax on Services.

The 89th Constitutional Amendment Act, 2003
The Act adds Article 338A and provides for the creation of National Commission for Scheduled Tribes.

The 90th Constitution (Ninetieth Amendment) Act, 2003
The Act amends Article 332 and adds section (6) regarding representation in the Bodo Territorial Areas District in the State of Assam.

The 91st Constitutional Amendment Act, 2003
The Act makes provisions for limiting the size of the Council of Ministers at the center and in the States and gives teeth to debar a defector from holding any remunerative political post for the remaining tenure of the legislature unless re-elected.

The 92nd Constitutional Amendment Act, 2003
The Amendment facilitates for the inclusion of Bodo, Dogari, Maithili and Sanhali in the VIII Schedule of the Constitution. With the inclusion of these four languages, the number of languages in the VIII Schedule goes upto 22.

The 93rd Constitutional Amendment Act, 2005
Reservation in admission in private un-aided institutions for students belonging to scheduled castes / tribes and other backward classes.

The 95th Constitutional Amendment Act, 2009
This act extends reservation of seats for SCs and STs in the Lok Sabha and State Assemblies by another 10 years beyond 25 January, 2010.