Federal Constitutions as a rule are rigid as most of them have extremely difficult and even complicated procedures of Amendments. Amending a federal Constitution like that of the United States is perhaps the most difficult.
Under the Australian Constitution too the amending process is complex. In contrast, the Constitution of India presents a much simpler picture.
A constitution is a fundamental document. It is a document which defines the position and powers of the three organs of the State, namely, the Executive, the Legislature and the Judiciary. It also defines the powers of the Executive and the Legislature as against the citizens.
In fact, the purpose of a constitution is not merely to create the organs of the State but also to limit their authority, because if no limitation is imposed upon the authority of the organs there will be tyranny and oppression.
Naturally, such a fundamental document as a Constitution should not undergo too frequent and easy changes, as that would undermine the confidence of the citizens in the abiding nature of the Constitution.
Further, it would make it impossible to provide a reasonably ascertainable standard against which the conduct of the various organs of government can be measured.
The case of a federal Constitution is particularly significant in this context because it delimits not only the powers of the different organs of government but also achieves a balance which is often delicate between the Centre and the units of the federation.
These considerations are powerful enough to preserve intact the original document which gives expression to the manner in which the governmental system is to be ordered into existence. As such, any Amendments of the Constitution should be justified by compelling reasons and circumstances.
It should be understood at the same time that a constitution is a dynamic document. It should grow with a growing nation and should suit the changing needs and circumstances of a growing and changing people.
Sometimes under the impact of new powerful social and economic forces, the pattern of government will require major changes. If the constitution stands as a stumbling block to such desirable changes, it may, under extreme pressure, by destroyed.
A constitution as such cannot have any claim to permanence; nor should it, because it has been adopted and has been working ever since, claim absolute sanctity.
As Ambedkar pointed out in the Constituent Assembly, the provisions for Amendments while they embodied a certain measure of rigidity with regard to some parts of the Constitution were flexible and afforded facilities for a simple process of Amendments with regard to others. Pointing out the details of the scheme, he stated:
"We propose to divide the various articles of the Constitution into three categories. In one category we have placed certain articles which would be open to Amendments by Parliament by simple majority. (Provisions such as those which deal with the establishment or abolition of Upper Houses in the States are examples of this type.)
The second set of articles (for Amendments) requires a two-thirds majority of Parliament. (Parts III and IV of the Constitution which deal with the Fundamental Rights and Directive Principles respectively belong to this category.) The third category requires a two-thirds majority of Parliament plus ratification by the States.
The States are given an important voice in the Amendments of these matters. These are fundamental matters where States have important powers under the Constitution and any unilateral Amendments by Parliament may vitally affect the fundamental basis of the system built up by the Constitution. (Provisions dealing with the division of legislative power between the Union and the States fall in this category.)"
The procedure for Amendments is detailed under Article 368 of the Constitution. According to this, Amendments may be initiated only by the introduction of a Bill for the purpose in either House of Parliament.
When the Bill is passed in each House by a majority of the total membership of that House and 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 for his assent.
When the President gives his assent, the Constitution stands amended in accordance with the terms of the Bill. But, as pointed out earlier, in the case of certain Amendments, ratification by the Legislatures of not less than one-half of the States by resolutions to that effect is required before the amending Bill is presented to the President for assent. The following provisions of the Constitution fall under this category:
(1) Article 54 (Election of President), 55 (Manner of election of President), 73 (Extent of the executive power of the Union), 162 (Extent of the executive power of States), or 241 (High Courts for Union Territories);
(2) Chapter IV of Part V (Union Judiciary); Chapter V of Part VI (High Courts in the States); Chapter I of Part XI (Legislative relations between the Union and the States);
(3) Any of the lists in the Seventh Schedule;
(4) The representation of States in Parliament; and
(5) Provisions dealing with Amendments of the Constitution.
There is hardly another federal Constitution which provides a comparable example, combining rigidity and flexibility in a manner exemplified in the above-mentioned provisions.
During the first sixteen years of the Constitution it was amended twenty times. Such rapid succession of Amendments during such a short time in the life of the Constitution was attacked by many of its critics as a sign of weakness in the Constitution. Some of them thought that the Constitution should not be made so cheap as to admit of Amendments so quickly and easily.
There is an element of truth in this criticism. Yet, on close examination it will be seen that there were compelling circumstances which led to constitutional Amendments during a momentous period of stabilisation and consolidation of the political freedom won just a decade earlier.
While some of the Amendments were a natural product of the eventual evolution of the new political system established under the Constitution in 1950, there were others necessitated by practical difficulties in the working of certain provisions of the Constitution.
The reorganisation of States and the consequent constitutional Amendments is the best example of the former type while the Amendments dealing with the right to property provides a good example of the latter type. We have dealt with the various Amendments earlier while discussing the relevant parts of the Constitution. Nevertheless, it seems appropriate here to recount them in the chronological order.
The First Amendments (1951) amended Article 15,19,31,85,87,174,176,341,342,372,and376.It also added a new Schedule (Ninth Schedule) to the Constitution.
The main purpose of the Amendments was the removal of certain practical difficulties experienced in the working of some of the Fundamental Rights, particularly rights under equality before law, freedom of speech, and the right to property.
The Second Amendments (1952) amended Article 81 in order to remove the prescribed limit of 750,000 of the population for one member to be elected to the House of the People. According to the original provision, at least one member was to be elected to the House of the People for every 750,000 of the population.
It was further provided that the maximum number of elected members to the House should not exceed 500. But it was soon found that these limits could not be adhered to in practice in the light of the actual size of the country's growing population.
The Third Amendments (1954) brought about changes in the Seventh Schedule consisting of the three legislative lists. As a result, the scope of the Union's legislative power was enlarged by the inclusion of certain items, which were originally in the State List, in the Concurrent List.
The Fourth Amendments (1955) further amended Article 31 and 31-A (Right to Property). It also amended Article 305 and the Ninth Schedule.
The Fifth Amendments (1955) amended Article 3 and provided a new procedure for ascertaining the will of a State Legislature with respect to territorial or boundary changes that affect it.
The Sixth Amendments (1956) further amended the Seventh Schedule. It also amended Article 269 and 286 dealing with inter-State Sales Tax.
The Seventh Amendments (1956) brought about the most comprehensive changes till then in the Constitution. The Amendments, as was stated earlier, was primarily concerned with the reorganisation of States. Along with such reorganisation, a large number of consequential changes had to be effected. Thus, the Amendments affected substantially the First and the Fourth Schedules besides many articles of the Constitution.
The Eighth Amendments (1960) extended the period of reservation of seats in legislatures for the Scheduled Castes and the Tribes by another ten years.
The Ninth Amendments (1960) provided for the transfer of certain territories of India to Pakistan under an agreement between India and Pakistan as a part of a comprehensive settlement of border disputes between the two countries.
Similarly, the Tenth Amendments (1961) integrated the areas of Free Dadra and Nagar Haveli with the Union of India and provided for their administration under the regulation-making powers of the President (Article 240).
The Eleventh Amendments (1961) obviates the necessity of a joint meeting of the two Houses of Parliament (Article 66) by constituting them into an electoral collage for the election of the Vice- President. It also amends Article 71 so as to make it clear that the election of the President or the Vice- President shall not be challenged on the ground of any vacancy for whatever reason in the appropriated electoral collage.
The Twelfth Amendments (1962) integrates Goa, Daman and Diu with the Union of India with effect from December 20, 1961, by adding them to the First Schedule as the eighth Union Territory and by providing for their administration under Article 240.
The Thirteenth Amendments (1962) provided, along with the creation of Nagaland as the sixteenth State of the Indian Union under the State of Nagaland Act (1962), for certain special protections to the Nagas.
According to these, notwithstanding anything in the Constitution, no Act of Parliament in respect of religious or social practices of the Nagas, Naga customary law and procedure, administration of civil and criminal justice involving decisions according to Naga customary law, and ownership and transfer of land and its resources, shall apply to the State of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides. The Amendments provides also for the vesting of certain special responsibilities in the Governor of Nagaland.
The Fourteenth Amendments (1962) provided 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 81 to increase, from a maximum of twenty to twenty-five the number of seats assigned in the Lok Sabha for the Union Territories.
Further it inserted a new Article 239-A providing for the creation of local Legislatures or Council of Ministers or both in the Union Territories of Himachal Pradesh, Manipur, Tripura, Goa, Daman and Diu, and Pondicherry.
The Fifteenth Amendments (1963) seeks to rise the retiring age of High Court Judges from 60 to 62 years. It also empowered the various High Courts to hear cases against the Union Government.
Another feature of these Amendments was that it restricted the scope of Government servants to appeal against government decisions in disciplinary matters. Accordingly they will have only one opportunity now as against two opportunities they enjoyed until 1963.
The Sixteenth Amendments (1963) seeks to enable Parliament to make laws providing penalty for any person questioning the sovereignty and integrity of India.
Under the provisions of this Amendments, a person shall not be qualified to be chosen to fill a seat in Parliament or in the Legislature of a State unless, inter alia, he makes or subscribes before a person authorised by the Election Commission at oath or affirmation that he will bear true faith and allegiance to the Constitution and will uphold the sovereignty and integrity of India.
The Seventeenth Amendments (1964) amends the definition of the term "estate" in Article 31-A to include lands held under ryotwari settlement and also other lands in respect of which provisions art normally made in land reform enactments. The Amendments has retrospective effect from January 26, 1950, the day on which the Constitution was inaugurated.
It also amends the Ninth Schedule of the Constitution to include therein 44 State enactments relating to land reforms in order to remove am uncertainty or doubt that may arise in regard to their validity.
The Eighteenth Amendments (1966) provides for the creation of two new States, namely, Punjabi Suba and Hariyana as a result of the reorganisation of the former State of Punjab and the Union Territory of Himachal Pradesh.
The Nineteenth Amendments (1966) provides that Article 324, clause I, shall be amended by deleting the words "including the appointment of election tribunals for the decision of doubts and disputes arising out of or in connection with elections to Parliament and to the Legislatures of States shall be vested in a Commission".
The Twentieth Amendments (1966) introduced Article 233-A in the Constitution, validating the appointment, posting or promotion of a person as a District Judge, if such appointment was illegal or void by reason of its not being in accordance with Article 233 or 235 (dealing with control over subordinate courts by High Court, etc.).
The Twenty-first Amendments (1969) provides for the recognition of Sindhi as one of the national languages of India by including it in the Eighth Schedule to the Constitution.
Twenty-second Amendments (1969) created an autonomous hill State "Meghalaya" within the State of Assam.
Twenty-third Amendments (1969) provides for the extension of the reservation of seats for Scheduled Castes and Tribes and the nomination of members of the Anglo-Indian community for another 10 years.
The Twenty-fourth Amendments (1971) affirms the Parliament's power to amend any part of the Constitution, including Fundamental Rights by amending Article 368 and 13 of the Constitution. This neutralises the decision in the Golaknath case.
The Twenty-fifth Amendments (1971) bars the jurisdiction of courts over acquisition laws in regard to the adequacy of the amount paid in lieu of take over. The word "compensation" in the case of take over is deleted and the word "amount" is substituted.
A new clause provides that if any law is passed to give effect to the Directive Principles contained in clauses B and C of Article 39 and contains a declaration to that effect, it shall not be questioned on the ground that it takes away or abridges Fundamental Rights or on the ground that it does not give effect to the principles contained in the declaration.
The Twenty-sixth Amendments (1971) withdraws the recognition given to former rulers of Princely States and abolishes the privy purses granted to them. It deleted Articles 291 and 362 of the Constitution and inserted a new Article 360-A. In Article 366, a new clause was inserted in the place of clause 2.
The Twenty-seventh Amendments was passed in 1974. Under this Act, two Union Territories, Mizoram and Arunachal Pradesh were set up.
The Twenty-eighth Amendments (1972) deletes Article 314 of the Constitution which given protection to the I.C.S. officers' conditions of service and privileges and inserted an
The Twenty-ninth Amendments (1972) included the Kerala Land Reforms (Amendments) Act, 1969, and the Kerala Land Reforms (Amendments) Act, 1971, in the Ninth Schedule to the Constitution to protect these Acts from judicial review under Article 31-B and remove any uncertainty or doubt there could have arisen in regard to the validity of these Acts.
The Thirtieth Amendments (1972) curtails the number of appeals to the Supreme Court. Formerly appeals to the Supreme Court were decided on the basis of the valuation of the subject matter. The Amendments makes only such cases which involve a substantial question of law, appealable to the Supreme Court.
The Thirty-first Amendments (1973) was passed by Parliament on May 8, 1973. The Act amends Article 81 of the Constitution so as to increase the upper limit of elective seats in the Lok Sabha from 525 to 545.
The Thirty-second Amendments (1974) passed by the Parliament in May 1974 implements the 6- point programme for Andhra Pradesh.
The Thirty-third Amendments (1974) invalidates the acceptance of resignation by members of the State Legislatures and Parliament, which were made under duress or coercion or any other kind of involuntary resignation.
The Thirty-fourth Amendments (1974) provides constitutional protection to 20 Acts passed by the various States, as land reforms, by including them in the 9th Schedule to the Constitution.
The Thirty-fifth Amendments act passed by Parliament in September 1974 provided for associate State statues to Sikkim.
The Thirty-sixth Amendments Act makes Sikkim a State of the Indian Union - the 22nd State.
The Thirty-seventh Amendments (1975) provides for a Legislative Assembly and a Council of Ministers for the Union Territory of Arunachal Pradesh.
The Thirty-eighth Amendments (1975) was passed by Parliament in July 1975. This amends Article 113,213,289-B, 352,356,359 and 360 of the Constitution. It makes the declaration of Emergency by the President and the Promulgation of Ordinances by the President, Governors and Administrative Heads of Union Territories non-justiciable (beyond the purview of the judiciary).
The Thirty-ninth Amendments (1975) amends Article 71 and 329 of the Constitution and the Ninth Schedule. It places the election of the President, Vice-President, Prime Minister and the Speaker beyond judicial scrutiny.
The Fortieth Amendments (1975) amends the Ninth Schedule to include 64 Central and State laws. The 64 laws thus included now remain beyond judicial scrutiny.
The Forty-first Amendments (1976) raises the retiring age of State Public Service Commission members from 60 to 62. This does not affect the members of the Union Public Service Commission who retire at the age of 65.
Forty-second Amendments (1976)
Of all the Amendments of the Constitution during a period of twenty-six years since its inauguration, the Forty-second Amendments stands out as the most comprehensive. It also became the most controversial. No proposal for Amendments of the Constitution has attracted so much attention and criticism in the past as this Amendment.
The Union Law Minister, who piloted the Bill, claimed on its behalf that "a Constitution to be living must be growing. If the impediments to the growth of the Constitution are not removed, it will suffer a virtual atrophy.
The Amendments was necessitated for removing the difficulties which had arisen in achieving the objective of socio-economic revolution which would end poverty and ignorance, disease and inequality of opportunity.
The democratic institutions provided in the Constitution are basically sound and the path for progress does not lie in denigrating any of these institutions.
However, there could be no denial that these institutions have been subjected to considerable stresses and strains and that vested interests have been trying to promote their selfish ends to the great detriment of the public good."
Those who criticised and opposed the Amendments alleged that they were intended to destroy the democratic character of the Constitution as it was originally enacted and it was a determined attempt to pave the way for the eventual establishment of a dictatorial regime.
Briefly the Amendments brings about changes in the following provisions of the Constitution; Preamble; Fundamental Rights (Arts. 31 and 32); Directive Principles of State Policy (Arts. 32,43 and 48); a new Part, Part IV-A entitled "Fundamental Duties"; Union Executive (Arts. 55, 74 and 77); Parliament (Arts. 81,82,83,100,102,103,105 and 118); Union Judiciary (Arts. 131,139,144 and 145); Comptroller and Auditor-General of India (Art. 150); State Executive (Art. 166); State Legislature (Arts. 170, 172, 189, 191, 192, 194 and 208); High Courts (Arts. 217, 226, 227 and 228); Relations between the Union and the States (Art. 257); Service (Arts. 311 and 312); a new Part entitled "Tribunals" (Art. 323); Emergency Provisions (Arts. 352,353,356,357,358 and 366); Amendments of the Constitution (Art. 368); Seventh Schedule (Union List, State List and the Concurrent List).
Forty-third Amendments (1978)
The Forty-third Amendments deleted Article 31 -D, which was a part of the Forty-second Amendments and which has empowered Parliament to deal with anti-national activities.
The Amendments also restored the power of the Supreme Court to decide on the constitutionality of State laws and that of the High Courts to go into the constitutional validity of Central laws which they had lost under the Forty-second Amendments.
The Amendments also specifies that the duration of the House of the People and the State assemblies shall be five years and not six years as was made by the 42nd Amendments.
Forty-fourth Amendments (1979)
The Forty-fourth Amendments (1979) aims at correcting some of the distortions which crept into the Constitution as a result of the adoption of the Forty-second Amendments.
The most important among them are: Article 22(4) is amended to make the conditions of preventive detention more rigorous in the interest of the individual. Article 31 which deals with the right to property have been altogether omitted. Consequently changes have been made in Articles 31 -A and 31 -C.
Also Article 19 was amended to take away the right to acquire, hold and dispose of property as a fundamental right. The following proviso was added to Article 74: "Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise and the President shall act accordance with the advice tendered after such reconsideration".
The Forty-second Amendments had made the duration of the Lok Sabha and Legislative Assemblies of the States six years. These have been amended to restore the original position, namely, five years. In Article 352 dealing with emergency provisions, the words "internal disturbance" was omitted and "armed rebellion" was substituted.
Also Article 356 was amended to reduce the period of President's rule in a State from one year to six months at a time and the total period not to exceed one year.
Forty-fifth Amendments (1980)
The Forty-fifth Amendments (1980) seeks to extend the reservation of seats for Scheduled Castes and Scheduled Tribes and the representation of Anglo-Indians in the Lok Sabha and the State Assemblies for ten years. This means that these reservations were to be available until January 25, 1990.
Forty-sixth Amendments (1982)
The Forty-sixth Amendments (1982) enables the State Governments to plug loopholes and realise sales tax dues on the one hand and on the other aims at bringing about some uniformity in tax rates in case of certain items.
The Constitution (Forty-seventh Amendments) Act, 1984
This Amendment is intended to provide for the inclusion of certain land reforms Acts in the Ninth Schedule to the Constitution with a view to obviating the scope of litigation hampering the implementation process of those Acts.
The Constitution (Forty-eighth Amendments) Act, 1984
The proclamation issued by the President under article 356 of the Constitution with respect to the State of Punjab could not be continued in force for more than one year unless the special conditions mentioned in clause (5) of the said article were satisfied. As it was felt that the continued force of the said proclamation was necessary, therefore, the present Amendments was effected so as to make the conditions mentioned in clause (5) of article 356 inapplicable in the instant case.
The Constitution (Forty-ninth Amendments) Act, 1984
The Government of Tripura recommended that the provisions of the Sixth Schedule of the Constitution may be made applicable to the tribal areas of that State. The Amendments involved in this Act is intended to give a constitutional security to the autonomous District Council functioning in the State.
The Constitution (Fiftieth Amendments) Act, 1984
By article 33 of the Constitution, Parliament was empowered to enact laws determining to what extent any of the rights conferred by Part III of the Constitution shall, in their application to the members of the Armed Forces or the Forces charged with the maintenance of public order, be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them.
Article 33 was amended so as to bring within its ambit -
(i) The members of the Forces charged with the protection of property belonging to, or in the charge or possession, of the State; or
(ii) Persons employed in any bureau or other organisation established by the State for purposes of intelligence or counter-intelligence; or
(iii) Persons employed in, or in connection with, the telecommunication systems set up for the purpose of any Force, bureau or organisation.
Experience has revealed that the need for ensuring proper discharge of their duties and the maintenance of discipline among them is of paramount importance in the national interest.
The Constitution (Fifty-first Amendments) Act, 1984
Article 330 has been amended by this Act for providing reservation of seats for the Scheduled Tribes in Meghalaya, Nagaland, Arunachal Pradesh and Mizoram in the Parliament and Article 332 is has been amended to provide similar reservation in the legislative assemblies of Nagaland and Meghalaya to meet the aspirations of the local tribal population.
The Constitution (Fifty-second Amendments) Act, 1985
It amends the Constitution to provide that a member of Parliament or a State Legislature who defects or is expelled from the Party which set him up as a candidate in the election or if an independent member of the House joins a political party after expiry of six months from the date on which he takes seat in the House shall be disqualified to remain a member of the House. The Act also makes suitable provisions with respect to splits in, and merger of political parties.
The Constitution (Fifty-third Amendments) Act 1986
This has been enacted to give effect to the Memorandum of Settlement of Mizoram which was signed by the Government of India and the Government of Mizoram with the Mizoram National Front on 30 June, 1986.
For this purpose, a new article 371G has been inserted in the Constitution inter alia preventing application of any Act of Parliament in the State of Mizoram in respect of religious or social practices of the Mizos' Customary law and procedure.
Administration of civil and criminal practice involving decisions according to Mizos' Customary law and ownership and transfer of land unless a resolution is passed in the Legislative Assembly to that effect.
This, however, will not apply to any Central Act already in force in the State of Mizoram before the commencement of this Amendment. The new article also provides that the Legislative Assembly of Mizoram shall consist of not less then forty members.
The Constitution (Fifty-fourth Amendments) Act, 1986
The Act increases the salaries of the Supreme Court and High Court Judges as detailed below:-
Chief Justice of India ... Rs. 10,000 per month
Judges of the Supreme Court ... Rs. 9,000 per month
Chief Justice of the High Court ... Rs. 9,000 per month
Judges of a High Court ... Rs. 8,000 per month
This Act amended Part 'D' of the Second Schedule to the Constitution to give effect to the above increases in the salaries of Judges and to make an enabling provision in articles 125 and 221 to provide for changes in the salaries of Judges in future by Parliament by law.
The Constitution (Fifty-fifth Amendments) Act, 1986
This seeks to give effect to the proposal of the Government of India to confer statehood on the Union Territory of Arunachal Pradesh and for this purpose, a new Article 371H has been inserted which, inter alia, confers, having regard to the sensitive location of Arunachal Pradesh, special responsibility on the Governor of the new State of Arunachal Pradesh with respect to law and order in the State and in the discharge of his functions the Governor shall after consulting the Council of Ministers, exercise his individual judgment, as to the action to be taken and this responsibility shall cease when the President so directs.
The new article also provides that the new Legislative Assembly of the new State of Arunachal Pradesh shall consist of not less then thirty members.
The Constitution (Fifty-sixth Amendments) Act, 1987
The Government of India had proposed to constitute the territories comprised in the Goa district of the Union Territory of Goa, Daman and Diu as the State of the Goa and territories comprised in the Daman and Diu districts of that Union Territory as a new Union Territory of Daman and Diu.
In this context, it was proposed that the Legislative Assembly of the new State of Goa shall consist of fort; members. The existing Legislative Assembly of the Union Territory of Goa, Daman and Diu had thirty elected members and three nominated members.
It was intended to make this Assembly with the exclusion of two members representing Daman and Diu Districts the provisional Legislative Assembly for the new State of Goa until elections were held on the expiry of the five year term of the existing Assembly.
It was, therefore, decided to provide that the Legislative Assembly of the new State of Goa shall consist of not less than 30 members. The special provision required to be made to give effect to this proposal was carried out by this Amendments.
The Constitution (Fifty-seventh Amendments) Act, 1987
The Constitution (Fifty-seventh Amendments) Act, 1987 was enacted to provide for reservation of seats in the House of the People for the Scheduled Tribes in Nagaland, Meghalaya, Mizoram and Arunachal Pradesh and also for reservation of seats for Scheduled Tribes in the Legislative Assemblies of Nagaland and Meghalaya by suitably amending Articles 330 and 332.
The Constitution (Fifty-eighth Amendments) Act, 1987
There has been a general demand for the publication of authoritative text of the Constitution in Hindi. It is imperative to have an authoritative text of Constitution for facilitating its use in the legal process.
Any Hindi version of the Constitution should not only conform to the Hindi translation published by the Constituent Assembly, but should be in conformity with the language, style and terminology adopted in the authoritative texts of Central Acts in Hindi.
The Constitution has been amended to empower the President of India to publish under his authority the translation of the Constitution in Hindi signed by the Members of the Constituent Assembly with such modifications as may be necessary to bring it in conformity with the language, style and terminology adopted in the authoritative texts of Central Acts in Hindi language.
The President has also been authorised to publish the translation in Hindi of every Amendments of the Constitution made in English.
The Constitution (Fifty-ninth Amendments) Act, 1988
The Act amends Article 356(5) of the Constitution so as to facilitate the extension of a Presidential proclamation issued under clause (1) of Article 356 beyond a period of one year, if necessary up to a period of three years, as permissible under clause (4) of Article 356 with respect to the State of Punjab because of the continued disturbed situation there.
The Act also amended Article 352 of the Constitution pertaining to the Proclamation of Emergency in its application to the State of Punjab and includes "internal disturbance" as one of the grounds for making a proclamation in respect of the State of Punjab only.
As a consequence of Amendments in Article 352, Articles 358 and 359 in relation to the State of Punjab was to be operative only for a period of two years from 30 March, 1988, which was the date of commencement of the Amendments.
The Constitution (Sixtieth Amendments) Act, 1988
The Act amends clause (2) of Article 276 of the Constitution so as to increase the ceiling of taxes m professions, trades, callings and employment from two hundred and fifty rupees per annum to two thousand and five hundred rupees per annum. The upward revision of this tax was to help the State Governments in raising additional resources. The proviso to clause (2) has been omitted.
The Constitution (Sixty-first Amendments) Act, 1988
This Amendment amended Article 326 and lowered the voting age form twenty-one to eighteen years.
The Constitution (Sixty-second Amendments) Act, 1989
This Amendment further extended the Reservation for Scheduled Castes and Scheduled Tribes in Parliament and State Legislative Assemblies from 1989 to 1999. (In effect, the reservation would extend to a total of fifty years).
The Constitution (Sixty-third Amendments) Act, 1990
This Amendment abolished the amended provisions of Article 356 and 369A brought about by the Fifty-ninth Amendments of 1989 related to the State of Punjab.
The Constitution (Sixty-fourth Amendments) Act, 1990
This Amendments, again dealt with Punjab. It provided for amending the duration of the Presidential Proclamation of 1987 from three years to three years and six months.
The Constitution (Sixty-fifth Amendments) Act 1990
It amended Article 338 of the Constitution and provided for a National Commission for Scheduled Castes and Scheduled Tribes. The National Commission for Scheduled Castes and Tribes shall consist of a Chairperson, a Vice-Chairperson and five other members. They shall be appointed by the President by warrant under his hand and seal. The Commission shall have powers to regulate its own procedure.
The Constitution (Sixty-sixth Amendments) Act, 1990
The Amendments added a further group of land reforms enactments passed by the State Legislatures to the Ninth Schedule of the Constitution, thus taking them out of the purview of judicial review.
The Constitution (Sixty-seventh Amendments) Act, 1990
This Amendment, again, dealt with Punjab and extended the Presidential Proclamation of 1987 by another six months.
The Constitution (Sixty-eighth Amendments) Act, 1991
This Amendment too was related to Punjab and provided for extension of the Presidential proclamation by yet another six months.
The Constitution (Sixty-ninth Amendments) Act, 1991
This Amendment provides for a new administrative set up for Delhi as the National Capital by creating a Legislative Assembly and a Council of Ministers.
The Constitution (Seventieth Amendments) Act, 1992
This Amendment amends Articles 54 and 55 to include within the scope of the term "State" the National Capital Territory of Delhi and the Union Territory of Pondicherry.
The Constitution (Seventy-first Amendments) Act, 1992
This Amendment amends the Eighth Schedule of the Constitution with a view to including in it at the appropriate places three new languages namely, Konkani, Manipuri and Nepali.
The Constitution (Seventy-second Amendments) Act, 1992
This Amendments amends Article 332 of the Constitution, after clause (3-A) and fixes the number of seats reserved for the Scheduled Tribes in the Legislative Assembly of the State of Tripura, to reflect the tribal population in relation to the total population of the state.
The Constitution (Seventy-third Amendments) Act, 1993
This is a landmark Amendments of the Constitution, which provides for an elaborate system of establishing Panchayats, as units of self-government, which for the first time in the constitutional history of independent India, details the constitution of Panchayats, duration for which they would function, membership of Panchayats, constitution of Finance Commission to review financial position Panchayats and several other related matters. It also adds a new Schedule, namely, Eleventh Schedule to the Constitution, listing 29 subjects which are to be handled by the Panchayats.
The Constitution (Seventy-fourth Amendments) Act, 1993
This again is a very important Amendment and deals with the establishment of Municipalities as a part of the constitutional system. Just as in the case of Panchayati Raj system, this Amendment spells out various details connected with the different types of municipalities, including their powers, duration, election, finance and other related matters. It also adds a new Schedule to the Constitution, namely, the Twelfth Schedule, listing 18 subjects which are to the handled by the Municipalities.
The Constitution (Seventy-fifth Amendments) Act, 1994
It amends Article 323-B in Part XIV-A of the Constitution so as to give timely relief to the rent litigants by providing for setting up of State-level Rent Tribunals in order to reduce the tiers of appeals and to exclude the jurisdiction of all courts, except that of the Supreme Court under Article 136 of the Constitution.
The Constitution (Seventy-sixth Amendments) Act, 1994
This Amendment raises the reservation quota of Government jobs and seats for admission in the educational institutions in favour of socially and educationally backward classes to 69 per cent in Tamil Nadu.
Further, the Amendments Act has been included in the Ninth Schedule of the Constitution to exempt it from the purview of judicial scrutiny.
The Constitution (Seventy-seventh Amendments) Act, 1995
It inserted clause (4 A) in Article 16 dealing with reservation in the matter of promotion.
The Constitution (Seventy-eighth Amendments) Act, 1995
It amends the Ninth Schedule to the Constitution with a view to putting entries 257 to 284 in proper order.
The Constitution (Seventy-Ninth Amendments) Act, 1999
The Amendments further extended the reservation for Scheduled Castes and Scheduled Tribes in Parliament and State Assemblies from 1999 to 2009. This would mean that the reservation would extend to a total of sixty years.
The Constitution (Eightieth Amendments) Act, 2000
This Amendment amends Articles 269, 270 and 271 to facilitate the States to have a better share in the taxes on the sale or purchase of goods and taxes on the consignment of goods levied and collected by the Government of India.
The Constitution (Eighty-first Amendments) Act, 2000
Article 16 of the Constitution was amended to add after clause (4A) the following clause:
(4B) Nothing in this Article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause(4) or clause (4A) 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 are being filled up for determining the ceiling of fifty percent reservation on total number of vacancies of that year.
Constitution (Eighty-second Amendments) Act, 2000
In Article 335 of the Constitution the following provision has been inserted at the end:
"Provided that nothing in this article shall prevent in making of any provision in favour 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 the affairs of the Union or of a State."
Constitution (Eighty-third Amendments) Act, 2000
Article 243 M of the Constitution has been amended to insert the following clause after clause (3)
"(3A) Nothing in Article 243D relating to reservation of seats for the Scheduled Castes, shallapply to the State of Arunachal Pradesh."
The Constitution (Eighty-fourth Amendments) Act, 2001
Amendments of Article 55. Accordingly in Article 55 in the provision to the Explanation, for the figure "2000", the figure "2026" shall be substituted.
Articles 81 and 82 also will be amended to substitute the figure "2000" as "2026". This will meanthat the total number of seats in the Lok Sabha will remain the same until the year 2026.
The Constitution (Eighty-fifth Amendments) Act, 2001
It amended Article 16 further to include words "in matters of promotion with consequential seniority, to any class" in place of words "in matters of promotion to any class."
Eighty-sixth Amendments (2002)
Insertion of new article 21 A: After article 21 of the Constitution, the following article shall be inserted, namely:
"21 A. Right to education - The State shall 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."
Substitution of new article for article 45:
"45. Provision for early childhood care and education to children below the age of six-years- The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years."
Amendments of article 51 A. - In article 51 A of the Constitution after clause (j) the following clause shall be added, namely; (k) 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."
Eighty-seventh Amendments (2003)
Amendments to article 81 of the Constitution:
In clause (3) in the proviso, for the figure "1991" figure "2001" shall be substituted. Similar Amendments have been brought about in article 82, in article 170 and article 330.
Eighty-eighth Amendments (2003)
Insertion of a new article 268 A after article 268: "268 A - Service tax levied by Union and allocated and appropriated by the Union and the States - Taxes on services shall be levied by the Government of India and such taxes shall be collected and appropriated by the Government of India and the States in the manner provided in clause (2).
(2) The proceeds of any financial year of any such tax levied in accordance with the provisions of clause (1) shall be (a) collected by the Government of India and the States; (b) appropriated by the Government of India and the States in accordance with such principles of collection and appropriation as may be formulated by Parliament by law.
Amendments to article 270 - In article 270 of the Constitution in clause (1) for the words and Sires "articles 268 and 269", the words, figures and letter "articles 268, 268A and 269" shall be substituted.
Amendments to Seventh Schedule - In the Seventh-Schedule of the Constitution in the Union List after entry 92 B, the following entry shall be inserted: 92C, "Taxes on Services".
Eighty-ninth Amendments (2003)
Amendments of article 338 - Established two Commissions, namely, the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes. Each Commission will have a Chairperson, a Vice Chairperson and three members. The Amendments lists also the functions and powers of each Commission.
Ninetieth Amendments (2003)
Amendments of article 332 of the Constitution - After clause (6) the following proviso shall be inserted:
"Provided that for elections to the Legislative Assembly of the State of Assam, the representation of the Scheduled Tribes in the constituencies included in the Bodoland Territorial Areas District, so notified, and existing prior to the constitution of the Bodoland Territorial Areas District, shall be maintained."
Ninety-first Amendments (2003)
Amendments of article 75 - In article 75 of the Constitution, after clause (1) the following clauses are inserted:
"(IA) The total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed fifteen percent of the total number of members of the House of the People.
(IB) A member of either House of Parliament belonging to any political party who is disqualified for being a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to either House of Parliament before the expiry of such period, till the date on which he is declared elected which ever is earlier.
Amendments of article 164 - In article 164 after clause (1) the following clauses shall be inserted, namely,
"(IA). The total number of Ministers including the Chief Minister in the Council of Ministers in a State shall not exceed fifteen percent of the total member of members of the Legislative Assembly of that State. Provided that the number of Ministers including the Chief Minister, in a State shall not be less than twelve.
Provided further that where the total number of Ministers, including the Chief Minister, in the Council of Ministers in any State at the commencement of the Constitution (Ninety-first Amendments) Act, 2003 exceeds the said fifteen percent, of the number specified in the first proviso, as the case may be, then, the total number of Ministers in that State shall be brought in conformity with the provisions of this clause within six months from such date as the President may by public notification appoint.
(IB) A member of the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council belonging to any political party who is disqualified for being a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause(l) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council, as the case may be, before the expiry of such period, till the date on which he is declared elected, whichever is earlier."
Ninety-Second Amendmentss (2003)
The Eighth Schedule of the Constitution was amended to include the following four more languages Bodo, Dogri, Maithili and Santhali.
Ninety-Third Amendmentss (2005)
Amendments of Article 15 of the Constitution:
After clause (4), the following clause shall be inserted:
(5) Nothing in this Article or in sub clause(g) of clause(l) of Article 19 shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause(1) of Article 30.
Ninety-Fourth Amendments (2006)
Amendments of Article 164: In Article 164 of the Constitution, in clause (1), in the proviso, for the word "Bihar" the words "Chattisgargh", "Jharkhand" shall be substituted.
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