Amendments to the Constitution are made by the Parliament, the procedure for which is laid out in Article 368. An amendment bill must be passed by both the Houses of the Parliament by a two-thirds majority and voting. In addition to this, certain amendments which pertain to the federal nature of the Constitution must be ratified by a majority of state legislatures. As of June 2013 there have been 118 amendment bills presented in the Parliament, out of which 98 have been passed to become Amendment Acts.
|Amendments of constitution|
|1.||1951||To fully secure the constitutional validity of zamindari abolition laws and to place reasonable restriction on freedom of speech. A new constitutional device, called Schedule 9 introduced to protect laws that are contrary to the Constitutionally guaranteed fundamental rights. These laws encroach upon property rights, freedom of speech and equality before law.|
|2.||1953||A technical amendment to fix the size of each parliamentary constituency between 650,000 and 850,000 voters.|
|3.||1955||LS limit of 500 members, one member of a constituency represents between 500000 and 750000 people.|
|4.||1955||Restrictions on property rights and inclusion of related bills in Schedule 9 of the constitution.|
|5.||1955||Provides for a consultation mechanism with concerned states in matters relating to the amendments to the territorial matters and in the re-naming of the state.|
|6.||1956||Amend the Union and State Lists with respect to raising of taxes.|
|7.||1956||Reorganization of states on linguistic lines, abolition of Class A, B, C, D states and introduction of Union Territories.|
|8.||1960||Clarify state’s power of compulsory acquisition and requisitioning of private property and include Zamindari abolition laws in Schedule 9 of the constitution.|
|9.||1960||Minor adjustments to territory of Indian Union consequent to agreement with Pakistan for settlement of disputes by demarcation of border villages, etc.|
|10.||1961||Incorporation of Dadra, Nagar and Haveli as a Union Territory, consequent to acquisition from Portugal.|
|11.||1961||Election of Vice President by Electoral College consisting of members of both Houses of Parliament, instead of election by a Joint Sitting of Parliament.
Indemnify the President and Vice President Election procedure from challenge on grounds of existence of any vacancies in the electoral college.
|12.||1961||Incorporation of Goa, Daman and Diu as a Union Territory, consequent to acquisition from Portugal.|
|13.||1963||Formation of State of Nagaland, with special protection under Article 371A.|
|14.||1962||Incorporation of Pondicherry into the Union of India and creation of Legislative Assemblies for Himachal Pradesh, Tripura, Manipur and Goa.|
|15.||1963||Raise retirement age of judges from 60 to 62 and other minor amendments for rationalizing interpretation of rules regarding judges etc.,|
|16.||1963||Make it obligatory for seekers of public office to swear their allegiance to the Indian Republic and prescribe the various obligatory templates.|
|17.||1964||To secure the constitutional validity of acquisition of Estates and place land acquisition laws in Schedule 9 of the constitution|
|18.||1966||Technical Amendment to include Union Territories in Article 3 and hence permit reorganisation of Union Territories.|
|19.||1966||Abolish Election Tribunals and enable trial of election petitions by regular High Courts.|
|20.||1966||Indemnify & validate judgments, decrees, orders and sentences passed by judges and to validate the appointment, posting, promotion and transfer of judges barring a few who were not eligible for appointment under article 233. Amendment needed to overcome the effect of judgement invalidating appointments of certain judges in the state of Uttar Pradesh.|
|21.||1967||Include Sindhi as an Official Language.|
Provision to form Autonomous states within the State of Assam.
|23.||1970||Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 1980.|
|24.||1971||Enable parliament to dilute fundamental rights through amendments to the constitution.|
|25.||1972||Restrict property rights and compensation in case the state takes over private property.|
|26.||1971||Abolition of privy purse paid to former rulers of princely states which were incorporated into the Indian Republic.|
|27.||1972||Reorganization of Mizoram into a Union Territory with a legislature and council of ministers.|
|28.||1972||Rationalize Civil Service rules to make it uniform across those appointed prior to Independence and post independence.|
|29.||1972||Place land reform acts and amendments to these act under Schedule 9 of the constitution.|
|30.||1973||Change the basis for appeals in Supreme Court of India in case of Civil Suits from value criteria to one involving substantial question of law.|
|31.||1973||Increase size of Parliament from 525 to 545 seats. Increased seats going to the new states formed in North East India and minor adjustment consequent to 1971 Delimitation exercise.|
|32.||1974||Protection of regional rights in Telengana and Andhra regions of State of Andhra Pradesh.|
|33.||1974||Prescribes procedure for resignation by members of parliament and state legislatures and the procedure for verification and acceptance of resignation by house speaker.|
|34.||1974||Place land reform acts and amendments to these act under Schedule 9 of the constitution.|
|35.||1975||Terms and Conditions for the Incorporation of Sikkim into the Union of India.|
|36.||1975||Formation of Sikkim as a State within the Indian Union.|
|37.||1975||Formation of Arunachal Pradesh legislative assembly.|
|38.||1975||Enhances the powers of President and Governors to pass ordinances|
|39.||1975||Amendment designed to negate the judgement of Allahabad High Court invalidating Prime Minister Indira Gandhi’s election to parliament. Amendment placed restrictions on judicial scrutiny of post of President, vice-president and Prime Minister.|
|40.||1976||Enable Parliament to make laws with respect to Exclusive Economic Zone and vest the mineral wealth with Union of India
Place land reform & other acts and amendments to these act under Schedule 9 of the constitution.
|41.||1976||Raise Retirement Age Limit of Chairmen and Members of Union and State Public Commissions from 60 to 62.|
|42.||1977||Amendment passed during internal emergency by Indira Gandhi. Provides for curtailment of fundamental rights, imposes fundamental duties and changes to the basic structure of the constitution by making India a “Socialist Secular” Republic.|
|43.||1978||Amendment passed after revocation of internal emergency in the Country. Repeals some of the more ‘Anti-Freedom’ amendments enacted through Amendment Bill 42.|
|44.||1979||Amendment passed after revocation of internal emergency in the Country. Provides for human rights safeguards and mechanisms to prevent abuse of executive and legislative authority. Annuls some Amendments enacted in Amendment Bill 42.|
|45.||1980||Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 1990.|
|46.||1983||Amendment to negate judicial pronouncements on scope and applicability on Sales Tax.|
|47.||1984||Place land reform acts and amendments to these act under Schedule 9 of the constitution.|
|48.||1985||Article 356 amended to permit President’s rule up to two years in the state of Punjab.|
|49.||1984||Recognize Tripura as a Tribal State and enable the creation of a Tripura Tribal Areas Autonomous District Council.|
|50.||1984||Technical Amendment to curtailment of Fundamental Rights as per Part III as prescribed in Article 33 to cover Security Personnel protecting property and communication infrastructure.|
|51.||1986||Provide reservation to Scheduled Tribes in Nagaland, Meghalaya, Mizoram and Arunachal Pradesh Legislative Assemblies.|
|52.||1985||Anti Defection Law – Provide disqualification of members from parliament and assembly in case of defection from one party to other.|
|53.||1987||Special provision with respect to the State of Mizoram.|
|54.||1986||Increase the salary of Chief Justice of India & other Judges and to provide for determining future increases without the need for constitutional amendment.|
|55.||1987||Special powers to Governor consequent to formation of state of Arunachal Pradesh.|
|56.||1987||Transition provision to enable formation of state of Goa.|
|57.||1987||Provide reservation to Scheduled Tribes in Nagaland, Meghalaya, Mizoram and Arunachal Pradesh Legislative Assemblies.|
|58.||1987||Provision to publish authentic Hindi translation of constitution as on date and provision to publish authentic Hindi translation of future amendments.|
|59.||1988||Article 356 amended to permit President’s rule up to three years in the state of Punjab, Articles 352 and Article 359A amended to permit imposing emergency in state of Punjab or in specific districts of the state of Punjab.|
|60.||1988||Profession Tax increased from a maximum of Rs. 250/- to a maximum of Rs. 2500/-.|
|61.||1989||Reduce age for voting rights from 21 to 18.|
|62.||1989||Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 2000.|
|63.||1990||Emergency powers applicable to State of Punjab, accorded in Article 359A as per amendment 59 repealed.|
|64.||1990||Article 356 amended to permit President’s rule up to three years and six months in the state of Punjab.|
|65.||1990||National Commission for Scheduled Castes and Scheduled Tribes formed and its stututory powers specifed in The Constitution.|
|66.||1990||Place land reform acts and amendments to these act under Schedule 9 of the constitution.|
|67.||1990||Article 356 amended to permit President’s rule up to four years in the state of Punjab.|
|68.||1991||Article 356 amended to permit President’s rule up to five years in the state of Punjab.|
|69.||1992||To provide for a legislative assembly and council of ministers for Federal National Capital of Delhi. Delhi continues to be a Union Territory.|
|70.||1991||Include National Capital of Delhi and Union Territory of Pondicherry in electoral college for Presidential Election.|
|71.||1992||Include Konkani, Manipuri and Nepali as Official Languages.|
|72.||1992||Provide reservation to Scheduled Tribes in Tripura State Legislative Assembly.|
|73.||1993||Statutory provisions for Panchyat Raj as third level of administration in villages.|
|74.||1993||Statutory provisions for Local Administrative bodies as third level of administration in urban areas such as towns and cities. (Municipalities)|
|75.||1994||Provisions for setting up Rent Control Tribunals.|
|76.||1994||Enable continuance of 69% reservation in Tamil Nadu by including the relevant Tamil Nadu Act under 9th Schedule of the constitution.|
|77.||1995||A technical amendment to protect reservation to SC/ST Employees in promotions.|
|78.||1995||Place land reform acts and amendments to these act under Schedule 9 of the constitution.|
|79.||2000||Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 2010.|
|80.||2000||Implement Tenth Finance Commission recommendation to simplify the tax structures by pooling and sharing all taxes between states and The Centre.|
|81.||2000||Protect SC / ST reservation in filling backlog of vacancies.|
|82.||2000||Permit relaxation of qualifying marks and other criteria in reservation in promotion for SC / ST candidates.|
|83.||2000||Exempt Arunachal Pradesh from reservation for Scheduled Castes in Panchayati Raj institutions.|
|84.||2002||Extend the usage of 1991 national census population figures for statewise distribution of parliamentary seats.|
|85.||2002||A technical amendment to protect seniority in case of promotions of SC/ST Employees.|
|86.||2002||Provides Right to Education until the age of fourteen and Early childhood care until the age of six.|
|87.||2003||Extend the usage of 2001 national census population figures for statewise distribution of parliamentary seats.|
|88.||2004||To extend statutory cover for levy and utilization of Service Tax.|
|89.||2003||The National Commission for Scheduled Castes and Scheduled Tribes was bifurcated into The National Commission for Scheduled Castes and The National Commission for Scheduled Tribes.|
|90.||2003||Reservation in Assam Assembly relating to Bodoland Territory Area.|
|91.||2004||Restrict the size of council of ministers to 15 % of legislative members & to strengthen Anti Defection laws.|
|92.||2004||Enable Levy of Service Tax. Include Bodo, Dogri, Santali and Maithili as National Languages.|
|93.||2006||Reservation for OBCs in government as well as private educational institutions|
|94.||2006||To provide for a Minister of Tribal Welfare in newly created Jharkhand and Chhattisgarh States.|
|95.||2010||Extended the reservation of seats in Lok Sabha and State Assemblies for SCs and STs from sixty to seventy years.|
|96.||2011||Changed “Oriya” in the Eighth Schedule to “Odia.|
|97.||2012, Jan 12||Right to form unions or co-operative societies. (19(1)C)
Promotion of Co-operative Societies. (43B)
The Co-operative Societies. (Part 9B)
|98.||2013, Jan 2||To empower the Governor of Karnataka to take steps to develop the Hyderabad-Karnataka Region.
(To insert Article 371J in the Constitution)
|Parts of Constitution|
|1||1-4||The Union and its territory|
|4||36-51||Directive Principles of State Policy|
|8||239-242||The Union Territories|
|10||244-A||The Scheduled and Tribal areas|
|11||245-263||The relation between Union and States|
|12||264-300A||Finance, Property, Contracts and Suits|
|13||301-307||Trade, Commerce and Intercourse within the territory of India|
|14||308-323||Services under The Union and The States|
|16||330-342||Special provisions relating to SCs, STs, OBCs and Anglo-Indians|
|20||368||Amendment of the Constitution|
|21||369-392||Temporary, Transitional and Special Provisions|
|22||393-395||Short title, Commencement, Authoritative text in hindi and repeals|
|Schedules of Constitution|
|1||1,4||The States and The Union Territories. (28 states, 7 union territories)|
|2||59,65,75,97,125,148,158,164,186,221||Emoluments, allowances and Privileges.
|3||75,84,99,124,146,173,188,219||Oaths of ministers and judges.
Office of union ministers, secrecy of union ministers, candidate for MP elections, elected MP, Judges of SC or CAG, candidate for state legislatures, elected state ministers, Judges of HC.
|4||4,80||Allocation of seats in the Rajya Sabha. (currently 233 elected + 12 nominated)|
|5||244||Administration and control of Scheduled areas and scheduled tribes.|
|6||244,275||Administration of Tribal areas of North-Eastern states: Assam, Meghalaya, Mizoram, Tripura.|
|7||246||Distribution of Power : Union list(99), State list(61) and Concurrent list(52).
Originally 14, currently 22.
Assamese, Bengali, Gujarati, Hindi, Kannada, Kashmiri, Marathi,
Malayalam, Oriya, Punjabi, Sanskrit, Tamil, Telugu, Urdu.
21st amendment: Sindhi. (1967)
71st amendment: Konkani, Manipuri, Nepali. (1992)
92nd amendment: Bodo, Dogri, Maithili, Santhali. (2004)
|9||31B||Validation of certain Acts and Regulations.
Introduced by 1st amendment (1951) to protect from judicial review.
Laws made after April 24, 1973 are open for judicial review now.
284 laws includes state laws on land reforms.
|10||102,191||Anti-Defection Law (52nd amendment)|
|11||243G||Powers and Responsibilities of Panchayats (73rd amendment)|
|12||243W||Powers and Responsibilities of Municipalities (74th amendment)|
- Lengthiest written Constitution: Originally our constitution contained 395 articles divided in 22 parts and 8 schedules. Constitution has been amended 98 times. Currently there are 25 Parts, 12 Schedules, and 448 Articles. These figures show our constitution as the most comprehensive constitution in the world. (British have no written constitution and Constitution of USA had originally only 7 articles)
- Starts with a Preamble: It gives an insight into the Philosophy of the Constitution.
- Drawn from different sources: fundamental rights from USA, bicameralism from UK, Fundamental duties from USSR etc,
- Blend of Rigidity and Flexibility: making Law is quite flexible and easy in comparison to amending a law.
- Sovereignty of the Country: managing internal and external affairs freely without any external forces.
- Democratic state: governing power is derived from the people by means of elected representatives of the people.
- Republic: India does not have a hereditary post of Head of the State. The Head of the state in India is President and he / she is elected.
- Socialist State: Indian socialism is democratic socialism. The goals of the socialism are to be realized through democratic means.
- Secular state: India is secular country. Here No religion is a state religion. The constitution provides equal treatment to all religions.
- Parliamentary Form of Government: Westminster model of government. Presence of nominal and real executives, majority party rule, collective responsibility of executive to legislature, dissolution of lower house, prime minister has crucial and important role.
- A blend of Federal and Unitary System: there are separate governments in the Union and States and there is division of power. Unitary features: Strong centre. Single Citizenship, single constitution for both the centre and states, emergency provisions, all India services. India is also quasi-federal as constitution describes India as union of states. States cannot unjoin as well as there is no agreement by states. We have union as well as state lists.
- Integrated and independent Judiciary: The states have high courts but the verdicts of these courts are subject to appeal to the Supreme Court. The Constitution has made the High Courts subordinate to the Supreme Court.
- Universal Adult Franchise: Every citizen who is above 18 years has a Voting Right without any discrimination.
- Three tier government structure: union, state and panchayats.
- Synthesis of parliamentary sovereignty and judicial supremacy: judicial review of Supreme Court by procedure established by law. Also, parliament can amend major portion of constitution.
- Fundamental rights: to promote political democracy. Enforceable by courts for violation. They are Justiciable in nature.
- Fundamental duties: to respect constitution; to promote national unity, integrity, sovereignty; to preserve rich cultural heritage and promote common brotherhood. They are not justiciable in nature.
- Directive principles of state policy: socialistic, liberal and gandhian meant for promoting ideal social and economic democracy. To establish welfare state. It is the duty of state to apply these in governance. They are not justiciable.
- Independent bodies: constitution not only provides legislative, executive and judicial organs of government (state and centre) but also has independent election commission, CAG, UPSC, SPSC with security of tenure, service conditions.
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