Web Notes on Constitutional Amendments for UPSC Civil Services Examination (General Studies) Preparation

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Constitutional Amendments

Constitutional amendments

The Constitution has been amendedninety one times(Up till Jan , 2004) , the last amendment being the Constitution (Ninety first Amendment) Act, 2004.

The methods for amendment of the Constitution are three according to the subject matter of the Article concerned.

1. Articles that may be amended by a simple majority of Parliament. These are matters of detail, like those provided in the Schedules.

2. Articles that may be amended by two thirds majority of both houses. These are comparatively important matters.

3. Articles that require not only two-thirds majority of the Parliament but also ratification by at least one-half of the State Legislatures

Procedure for amendment of Indian constitution

Nature of the Amending Process:- Constitution should be adapted to changing needs of national development and strength. It should also meet the popular demand for changing the political system.

The procedure of amendment makes the Constitution of India is neither totally rigid nor totally flexible. Some provisions can be easily changed and for some others, special procedures are to be followed. The proposal for amending the constitution can be initiated only in the House of the Union Legislature and the State Legislatures have no such power.

In case of amendment of bills, unless both the houses agree, it cannot materialize, as in such cases there is no provision for convening the joint session of both the Houses of the Parliament.

There are three methods of amending the Constitution. But Article 368 of the constitution which lays down the procedure for amendment mentions two methods.

1) An amendment of the constitution may be initiated only by the introduction of a Bill for the purpose in either house of Parliament and when a bill is passed in each house.

i) by a majority of total membership of that house.

ii) by a majority of not less than two-thirds of the members of that house present and voting, it shall be presented to the President who shall give his assent to the Bill and there upon the Constitution shall stand amended in accordance with the term of the Bill.

Most of the provisions of the constitution can be amended by this procedure. Foramending certain provisions a special procedure has to be followed,

(i) a Bill for the purpose must be passed in each house of Parliament by a majority of total membership of the house,

(ii) by a majority of not less than two-thirds of the members of that house present and voting and

(iii) it should be notified by the legislatures of not less than one-half of the states before the Bill is presented to the President for assent.

The provisions requiring this special procedure to be followed include-

(a) manner of the election of the President

(b) matters relating to the executive power of the union and of the state

(d) matters relating to the Union Judiciary and High Courts in the states

(e) distribution of legislative powers between the union and the states

(f) any of the list in the seventh schedule

(g) provisions of Article 368 relating to the procedure for amendment of the constitution etc.

There are certain provisions which require simple majority for amendments. They can be amended by the ordinary law making process. They include

(a) formation of new states and alteration of areas, boundaries or names of existing ones

(b) creation or abolition of Legislative Councils in the states

(d) the salaries and allowances of the Supreme Court and High Court Judges

(e) laws regarding citizenship etc.

It is significant that the laws passed by Parliament to change the above provisions would not be deemed to be amendments of the Constitution for the purpose of Article 368.

Amendments requiring Special Majority of Parliament and Consent of States:

These are provisions related to the federal structure of the polity they are:-

Election of the President and its manner (Art 54, 55)
Extent of the executive power of the Union and the states. (Art 73 & 162).
Supreme Courts and & High Courts. (Chap IV – Part V & Chap V – Part VI).
Distribution of legislative powers between the Union and the states. (Part XI Chap I.)
Any of the lists in the VII Schedule.
Representation of states in Parl.
Power of Parliament to amend the constitution and its procedure. (Art 368 itself)

Amendability of FRs

Until Golaknath case SC held that any part of the constitution including Fundamental Rights & Art 36B (procedure of Amendment) is amenable.
But in Golaknath Vs state of Punjab case held that Fundamental Rights have “Transendental& Immutable position” by the constitution hence No authority including Parliamentary can amend the Fundamental Rights even under art 36B.
But by 24^th Amendment Act, 1971; Art 13 & 368 were amended, making clear that Fundamental Rights can be amended under art 36B. Hence SC’s decision in above case is overridden.
The Parliament reacted by enacting 24^th Amendment Act, whereby it amended Articles 13 and 368 and declared that Parliment has power to abridge any of FRs under Article 368 and such an act will =not be a law under the meaning of Article 13
In Keshava nanda Bharati’s(13 Judge bench) case, SC has uphed these amendments & overruled Golaknath case also.
That is Parliament can amend Fundamental Rights under art 368 but has introduced a new concept called “Basic features” of the constitution which shall not be violated.
Again the Parliament reacted to this doctrine by enacting the 42^nd amendment Act (1976). This Act amended article 368 and declared that there is no limitation on the constitutent power of Parliament and no amendment can be questioned in any court on any ground including the contravention of any of FRs
In Minerva Mills vs Union of India case (1980), sc has invalidated this provision as it excludes judicial review which is a basic feature of Constitution.
Again in Waman Rao case (1981) the SC adhered to doctirine of Basic Structure and further clarified that it would apply to constitutional amendments enacted after April 24, 1973, the date of Kesavananda Bharati Case

From various judgement of the “Basic features of the constitution” emerged are

Supremacy of the constitution.
Sovereign, democratic and republican nature of the Indian polity.
Secular character of the constitution.
Separation of powers between the leg., the Exec., and the Judiciary.
Federal character of the constitution.
Unity and integrity of the nation.
Welfare state (Socio-Economic Justice).
Judicial Review.
Freedom and dignity of the Individual.
Parliamentary system.
Rule of law.
Harmany& balance b/t FR’s & DPSP’s.
Principle of Equality.
Free and Fair Elections.
Independence of Judiciary.
Limited power of Parliamentary to amendment the constitution.

THE CONSTITUTIONAL AMENDMENT ACTS (1951-2004)

	Year	Articles	Amended Subjects
First	1951	15, 19, 85, 87, 174, 341, 342, 372, 376; Articles 31A, 31B and Ninth Schedule Added.	1. Right to equality, to liberty and to property were restricted in public interest. 2. Land reform Acts were put into Ninth Schedule to make them out of jurisdiction of courts. 3. The sessions of Legislatures, appointment of judges and provision relating to reservation of seats were also affected.
Fourth	1955	31, 31A, 305 and Ninth Schedule.	The Compensation given in lieu of acquisition of property may be specified and the amount of compensation is to be beyond jurisdiction of Courts.
Eighth	1960	330, 332, 333, 334	The Reservation of Seats in Legislatures in favor of SC/ST and Anglo-Indian Community extended upto 1970.
Ninth	1960	First Schedule	Provisions regarding transfer of Berubari Union areas to Pakistan.
Tenth	1961	240, The first Schedule	Dadra Nagar Haveli admitted to the Union of India.
Twelfth	1962	Art. 240, First Schedule	Goa, Daman and Diu admitted to the Union of India.
Fourteenth	1962	239A, 240(1), First and Fourth Schedules	Pondicherry was admitted in the Union of India as a Union Territory and provisions were made for the constitution of the Legislative Assembly and the Council of Ministers in that State.
Sixteenth	1963	19, 84, 174, Second Schedule	The State was given power to restrict the Right to Liberty.
Eighteenth	1966	Art. 3	The 'State' redefined.
Twenty-third	1970	331, 332, 333, 334	The reservation in Legislatures in favor of SC/ST and Anglo-Indian Community was extended upto 1980.
Twenty-fourth	1971	Art. 13, 368	Parliament was given power to amend any part of the Constitution including Fundamental Rights.
Twenty fifth	1971	Art. 31. Art. 31C was added	The Fundamental Rights were subordinated to the Directive principles.
Twenty-seventh	1971	Articles 239B and 371C were added	Reorganization of North-Eastern States.
Twenty eighth	1972	Art. 312A added and Art. 314 deleted.	Privileges availed by the members of I.C.S. abolished.
Thirty – first	1973	Articles 81, 330 and 332	The membership of th House of the people increased to 545 members from 525 members.
Thirty Fourth	1974	Ninth Schedule	The Ninth Schedule extended.
Thirty-fifth	1974	Art. 80 affected and Art. 81-2A and the Tenth Schedule added.	Sikkim was admitted as an Associate State to the Union of India.
Twenty-sixth	1974	Art. 80 affected, Art. 371F added, The Tenth Schedule deleted.	Sikkim was given the status of a full State.
Forty-second (Called mini constitution)	1976	The Preamble, Art. 31, 31C, 39, 55, 74, 77, 81, 82, 83, 100, 102, 103, 105, 118, 145, 150, 166, 170, 172, 189, 191, 192, 194, 208, 217, 225, 226, 227, 228, 311, 312, 330, 352, 353, 356, 357, 358, 359, 366, 371F, and Schedule VII. Art. 31D, 32A, 39A, 43A, 48A, Part IVA (Art. 51A), 131A, 139A, 144A, 226A, 228A, 257A, Part XIVA, 323A and 423A added.	The words 'Secular', 'Socialist', and 'Integrity' added in the Preamble. The validity of the Constitutional Amendment can not be questioned in any Court – 368 (4) Extension of the Directive Principles of State Policy. Primacy given to Directive Principles of State Policy over the Fundamental Rights. The Fundamental Duties added. Restrictions on the Fundamental Rights widened. The power of Judicial Review of Courts was restricted. The Duration of the House of the people and the Legislative Assemblies of the State extended to 6 years during National Emergency. Provisions made for the participation of workers in the Management of industries. Provisions for the protection of environment, forest and wild life. Provisions for the protection of children and youth against exploitation. The delimitation of the constituencies of the House of the People and Legislative Assemblies of the States shall be on the basis of the population of 1971 till the year 2001. No quorum shall be required for conducting the meetings of the House of the People and the Legislative Assemblies of the States. The right of the Supreme Court to examine the validity of the laws of the State under Article 32A abolished. The Jury System was given importance in the functioning of the courts. The President shall be bound by the advice of the Council of Ministers. The Central Government was given power to send central forces in any State or part of State to control the law and order in that State and the control of such forces shall rest with the Central Government. Emergency Provisions: (a) National Emergency may be proclaimed in a part of the Territory of India; (b) The one time duration of the President rule in a State under the Art. 356 was extended from 6 months to one year. Some Subjects – protection of forest and wildlife, education, weight and measures, population control and judicial administration shifted to Concurrent List. Provision for the establishment of Administrative Tribunals for public servants.
Forty-third	1978	Art. 145, 226, 228, , 366 affected and 31D, 32A, 131A, 144A, 226A, 228A repealed.	1. Protection of the rights and powers of judiciary. Judicial Review revived. 2. The provision relating to the power of Parliament to declare an organization as Anti-National was repealed.
Forty Fourth	1978	Art. 19, 20, 30, 31A, 38, 74, 77, 83, 105, 123, 132, 133, 134, 139A, 150, 166, 172, 194, 213, 217, 226, 227, 239B, 327, 352, 356, 358, 359, 360, 371F, and Ninth Schedule affected. Art. 19 (i) (f), 31, 257A, 329 repealed. Art. 71, 103, 192 revived. Art. 134A, 300A, Chapter IV of Part XII and 361A added.	The Fundamental Right to Property was abolished. The term of Lok Sabha and Legislative Assemblies of the State reduced to 5 years. The disputes relating to qualification of members of Parliament and the State Legislature shall be decided by the President and the Governor respectively. The provisions regarding quorum in the Legislatures was charged to as these were before 42^nd Amendment. It was provided that disputes relating to the election of the President and the Vice President shall be decided by the Supreme Court and that of election of members of Parliament and the State Legislature shall be decided by the High Courts.
Fiftieth	1984	Art. 33	Parliament was given the power to restrict by law the Fundamental Rights with respect to members of armed forces.
`Fifty-second	1985	Art. 101, 102, 190, 191 affected and Schedule X added.	Provisions relating to the anti-defection law were added in the Constitution.
Fifty – third	1986	Schedule I	Mizoram was included as the 23^rd States of Indian Union.
Fifty-fifth	1986	Schedule-I	Arunachal Pradesh was included as the 24^th State of the Union of India.
Fifty – sixth	1987	Schedule-I	Goa was included in the Union of India as 25^th State.
Sixty-second	1989	Art. 334	The reservation for SC/ST and Anglo-Indian Community in Lok Sabha and the Legislative Assemblies of the States was extended for another ten years.
Sixty-fifth	1990	Art. 38	The National Commission for the Scheduled Castes and the Scheduled Tribes was given Constitutional Status.
Sixty-sixth	1990	Schedule IX	Fifty-five laws related to land reforms, enacted by States were included in the Ninth Schedule.
Sixty ninth	1991	Art. 239AA and 239 AB added	The Union Territory of Delhi was named as National Capital Territory of Delhi. It also provided for a 70 members State Assembly.
Seventy-first	1992	Schedule VIII	Nepali, Konkani and Manipuri languages included in the Eighth Schedule.
Seventy-fifth	1994	Art. 323	Provisions for the establishment of special Administrative Tribunals for the speedy disposal of disputes between House holders and tenants.
Seventy-sixth	1994	Schedule IX	The laws relating in reservation enacted by Tamil Nadu Assembly included in the Ninth Schedule.
Seventy-ninth	1999	Article 334	The reservation of seats for the Scheduled Castes and the Scheduled Tribes as well as for the Angular Indians in the House of the People and in the Legislature Assemblies of the States extended for another ten years.
Eightieth	2000	Article 268, 269, 270, 272	Based on the recommendations of the Tenth Finance Commission, alternative scheme for sharing taxes between the Union and the States.
Eighty – first	2000	Article 16	The Unfilled vacancies of a year which use reserved for the Scheduled Castes and the Scheduled Tribes for being filled up in that year in accordance with any provision for reservation made under Article 16 of the constitution shall be considered a special class of vacancies to be filled up in any succeeding year or years.
Eighty-second	2000	Article 335	The amendment provides that nothing in Article 335 shall prevent the State from making any provision in favor of the members of the Scheduled Castes and Scheduled Tribes for relaxation in qualifying makes in any examination or lowering the standard 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.
Eighty third	2000	Article 243M	If provides that no reservation in Panchayats need be made in favour of the Scheduled Castes in Arunachal Pradesh wholly inhabited by tribal population.
94th amendment	June 12, 2006	Amend article 164	To provide for a Minister of Tribal Welfare in newly created Jharkhand and Chhattisgarh States
95th amendment	25 January 2010	Amend article 334.	Extended the reservation of seats in Lok Sabha and State Assemblies for SC and ST from sixty to seventy years
96th amendment	23 September 2011	Amend schedule 8.	Substituted "Odia" for "Oriya"
97th amendment	12 January 2012	Amend Art 19 and added Part IXB.	Added the words "or co-operative societies" in Article 19(l)(c) and inserted article 43B i.e, Promotion of Co-operative Societies and added Part-IXB i.e, THE CO-OPERATIVE SOCIETIES
98th amendment	2 January 2013	To insert Article 371J in the Constitution	To empower the Governor of Karnataka to take steps to develop the Hyderabad-Karnataka Region.
99th amendment	13 April 2015	Insertion of new articles 124A, 124B and 124C. Amendments to Articles 127, 128, 217, 222, 224A, 231.	The amendment provides for the formation of a National Judicial Appointments Commission. 16 State assemblies out of 29 States including Goa, Rajasthan, Tripura, Gujarat and Telangana ratified the Central Legislation, enabling the President of India to give assent to the bill. The amendment is in toto quashed by Supreme Court on 16 October 2015.
100th amendment	1 August 2015	Amendment of First Schedule to Constitution	Exchange of certain enclave territories with Bangladesh and conferment of citizenship rights to residents of enclaves consequent to signing of Land Boundary Agreement (LBA) Treaty between India and Bangladesh.
101^st Amendment	8^th September, 2016	Amendment of Schedule 7 of the Constitution along with the addition of articles 246 A, 269 A and 279 A while Article 268A was deleted	It introduced Goods and services Tax (GST) in the country wef July 1, 2017
102nd Amendment	12^th Feb 2019	Added Constitutional body	102nd Constitution Amendment Act, 2018 provides constitutional status to the National Commission for Backward Classes (NCBC).
The 103rd Constitutional Amendment Act		Extend reservation based on EWS	The 103rd Constitutional Amendment Act to provide 10 per cent reservation in government jobs and education to economically backward section in the general category has come into force

By: Abhipedia

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