Procedure for Amendment of the Constitution Article 368 in Part XX of the Constitution deals with the powers of Parliament to amend the Constitution to the changing conditions and needs. However, the Parliament cannot amend those provisions which form the ‘basic structure’ of the Constitution, This was ruled by the Supreme Court in the Kesa vananda Bharati case – (1973).
The procedure for the amendment of the Constitution as laid down in Article 368 is as follows:
1. An amendment bill can be introduced in either House of Parliament and not in the state legislatures.
2. The bill can be introduced either by a minister or by a private member and does not require prior permission of the president.
3. The bill must be passed in each House by a special majority, that is, a majority (that is, more than 50 per cent) of the total membership of the House and a majority of two – thirds of the members of the House present and voting.
4. Each House must pass the bill separately. NO joint sitting of the two Houses
5. If the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by the legislatures of half of the states by a simple majority.
6. After duly passed by both the Houses of Parliament and ratified by the state legislatures, where necessary, the bill is presented to the president for assent.
7. The president must give his assent to the bill. He can neither withhold his assent to the bill nor return the bill for reconsideration of the Parliament.
8. After the president’s assent, the bill becomes an Act (i.e., a CA act) and the Constitution stands amended in accordance with the terms of the Act.
Categories of Amendments Article 368 provides for two types of amendments, that is, by a special majority of Parliament and also through the ratification of half of the states by a simple majority. But, some other articles provide for the amendment of certain provisions of the Constitution by a simple majority of Parliament, that is, a majority of the members of each House present and voting (similar to the ordinary legislative process). Notably, these amendments are not deemed to be amendments of the Constitution for the purposes of Article 368.
Therefore, the Constitution can be amended in three ways:
(a) Amendment by simple majority of the Parliament,
(b) Amendment by special majority of the Parliament, and
(c) Amendment by special majority of the Parliament and the ratification of half of the state legislatures.
By Simple Majority of Parliament A number of provisions in the Constitution can be amended by a simple majority of the two Houses of Parliament outside the scope of Article 368. These provisions include:
1. Admission or establishment of new states.
2. Formation of new states and alteration of areas, boundaries or names of existing states.
3. Abolition or creation of legislative councils in states.
4. Second Schedule—emoluments, allowances, privileges and so on of the president, the governors, the Speakers, judges, etc.
5. Elections to Parliament and state legislatures.
6. Delimitation of constituencies.
7. Fifth Schedule—administration of scheduled areas and scheduled tribes.
8. Sixth Schedule—administration of tribal areas.
By Special Majority of Parliament The provisions which can be amended by this way includes: (i) Fundamental Rights;(ii) Directive Principles of State Policy; and (iii) All other provisions which are not covered by the first and third categories.
By Special Majority of Parliament and Consent of States The following provisions can be amended in this way:
1. Election of the President and its manner.
2. Extent of the executive power of the Union and the states.
3. Supreme Court and high courts.
4. Distribution of legislative powers between the Union and the states.
5. Any of the lists in the Seventh Schedule.
6. Representation of states in Parliament.
7. Power of Parliament to amend the Constitution and its procedure (Article 368 itself).
Evaluation and critics
1. There is no provision for a special body like Constitutional Convention (as in USA) or Constitutional Assembly for amending the Constitution. The constituent power is vested in the Parliament and only in few cases, in the state legislatures.
2. The power to initiate an amendment to the Constitution lies with the Parliament. Hence, unlike in USA – , the statelegislatures cannot initiate any bill or proposal for amending the Constitution except in one case, that is, passing a resolution requesting the Parliament for the creation or abolition of legislative councils in the states. Here also, the Parliament can either approve or disapprove such a resolution or may not take any action on it.
3. Major part of the Constitution can be amended by the Parliament alone either by a special majority or by a simplemajority. Only in few cases, the consent of the state legislatures is required and that too, only half of them, while in USA, it is three – fourths of the states.
4. The Constitution does not prescribe the time frame within which the state legislatures should ratify or reject an amendment submitted to them. Also, it is silent on the issue whether the states can withdraw their approval after according the same.
5. There is no provision for holding a joint sitting of both the Houses of Parliament if there is a deadlock over the passage of aCA bill. On the other hand, a provision for a joint sitting is made in the case of an ordinary bill.
6. The process of amendment is similar to that of a legislative process. Except for the special majority, the constitutionalamendment bills are to be passed by the Parliament in the same way as ordinary bills.
|Cases||Supreme court stand||Details|
|Supreme Court||Shankari Prasad case (1951) (right to property)||Parliament can amend FR.||The word ‘law’ in Article 13 – that prohibits the Parliament from making laws that “may take away or abridge the fundamental rights – includes only ordinary laws and not the constitutional amendments|
|Supreme Court||Golak Nath case (1967), 9th Schedule challenged.||Parliament cannot amend FR.||A CA act is also a law within the meaning of Article 13 and hence, would be void for violating any of the Fundamental Rights.|
|Parliament||24th Amendment Act (1971)||Parliament can amend FR.||Parliament amended article 13 and article 368|
|Supreme Court||Kesavananda Bharati case (1973)||Parliament can amend FR.||SC Upheld the validity of the 24th Amendment Act (1971). However Supreme Court, laid down a new doctrine of the ‘basic structure’. Parliament under Article 368 cannot alter the ‘basic structure’ of the Constitution. This means that the Parliament cannot amend a Fundamental Right that forms a part of the ‘basic structure’ of the Constitution|
|Parliament||42nd Amendment Act (1976).||Parliament can amend FR.||No limitation on the constituent power of Parliament and no amendment can be questioned in any court on any ground including that of the contravention of any of the Fundamental Rights.|
|Supreme Court||Minerva Mills case – (1980)||Parliament can not amend FR.||Parliament cannot, under article 368, expand its amending power so as to acquire for itself the right to repeal or abrogate the Constitution or to destroy its basic features|
IMPORTANT AMENDMENTS OF THE CONSTITUTION
1. The Constitution First Amendment Act, 1950–This amendment provided for several new grounds of restrictions to the right to freedom of speech and expression and the right to practise any profession or to carry on any trade or business as contained in Article 19 of the Constitution. These restrictions related to public order, friendly relations with foreign States or incitement to an offence in relation to the right to freedom of speech, and to the prescribing of professional or technical qualifications or the carrying on by the State, etc., of any trade, business, industry or service in relation to the right to carry on any trade or business. The amendment also inserted two new Articles, 31A and 31B and the Ninth Schedule to give protection from challenge to land reform laws.
2. The Constitution (Second Amendment) Act, 1952–By this amendment, the scale or representation for election to the Lok Sabha was readjusted.
3. The Constitution (Third Amendment) Act, 1954–This amendment substituted entry 33 of List III (Concurrent List) of the Seventh Schedule to make it correspond
4. The Constitution (Fourth Amendment) Act, 1955–Article 31
(2) of the Constitution was amended to re-state more precisely the State’s power of compulsory acquisition and requisitioning of private property and distinguish it from cases where the operation of regulatory or prohibitory laws of the State results in “deprivation of property”. Article 31A of the Constitution was also amended to extend its scope to cover categories of essential welfare legislation like abolition of zamindaris, proper planning of urban and rural areas and for effecting a full control over the mineral and oil resources of the country, etc. Six Acts were also included in the Ninth Schedule. Article 305 was also amended to save certain laws providing State Monopolies.
5. The Constitution (Fifth Amendment) Act, 1955–This amendment made a change in Article 3 so as to empower President to specify a time for state legislatures to convey their views on the proposed Central laws affecting areas, boundaries, etc., of the their states.
6. The Constitution (Sixth Amendment) Act, 1956–This amendment made some changes in Articles 269 and 286 relating to taxes on sale and purchase of goods in the merce. A new entry 92 A was added to the Union List of the Seventh Schedule to the Constitution.
7. The Constitution (Seventh Amendment) Act, 1956–Through this amendment the implementation of State Reorganisation Act, was made possible. Therefore, the then existing categorisation of State into Part A, Part B and Part C was henceforth ceased. Part C states were redesignated as Union Territories. The seats in the Rajya Sabha and in the Union and State Legislatures were reallocated.
It also effected changes with regard to the appointment of additional and acting judges, High Courts and their jurisdictions etc.
8. The Constitution (Eight Amendment) Act, 1960–Article 344 amended to extend the period of reservation of SC/STs in Parliament for a period of ten years.
9. The Constitution (Ninth Amendment) Act, 1960–To give effect to the transfer of Berubari Union territories to Pakistan.
10. The Constitution (Tenth Amendment) Act, 1961–This Act amended Article 240 and the First Schedule in order to include areas of Dadra and Nagar Haveli as a Union Territory and to provide for its administration under the regulation making powers of President.
11. The Constitution (Eleventh Amendment) Act, 1961–The purpose of this amendment was to amend Articles 66 and 71 of the Constitution to provide that the election of President or Vice President could not be challenged on the ground of any vacancy in the appropriate electoral college.
12. The Constitution (Twelfth Amendment) Act, 1962–This amendment sought to include Goa, Daman and Diu as a Union Territory and to amend Article 240 for the purpose.
13. The Constitution (Thirteenth Amendment) Act, 1962–By this amendment, a new Article 371A was added to make special provisions with respect to state of Nagaland in pursuance of an agreement between Government of India and Naga People’s Convention.
14. The Constitution (Fourteenth Amendment) Act, 1962–By this Act, Pondicherry was included in the First Schedule as a Union Territory, and this Act has also enabled the creation of Legislature by Parliamentary law for Himachal Pradesh, Manipur, Tripura, Goa, Daman and Diu and Pondicherry.
15. The Constitutional (Fifteenth Amendment) Act, 1963–It raised the age of retirement of a High Court Judge from 60 to 62, extended the jurisdiction of a High Court to issue writs under Art. 226 to a Government or authority situated outside its territorial jurisdiction where the cause of action arises within such jurisdiction, modifying the procedure imposed by Art. 311 upon the pleasure of the President.
16. The Constitution (Sixteenth Amendment) Act, 1963–This effect changes in Art. 19 to enable the Parliament to make laws providing reasonable restrictions on the freedom of expression in the larger interests of sovereignty and integrity of India. It also brought amendment in the form of oath contained in the Third Schedule and emphasised on upholding the sovereignty and integrity of India.
17. The Constitution (Seventeenth Amendment) Act, 1964–Article 31A was further amended to prohibit the acquisition of land under personal cultivation unless the market value of the land is paid as compensation and the definition of “estate” as contained in that Article had also been enlarged with retrospective effect. The Ninth Schedule had also been amended to include 44 more Acticles.
18. The Constitution (Eighteenth Amendment) Act, 1966–Article 3 was amended by this Act to specify that the expression “State” will include a union territory also and to make it clear that the power to form a new state under this Article includes a power to form a new state or union territory by uniting a part of a state or a union territory to another state or union territory.
19. The Constitution (Nineteenth Amendment) Act, 1966–
Article 324 was amended to effect a consequential change as a result of the decision to abolish Election Tribunals and to hear election petitions by High Courts.
20. The Constitution (Twentieth Amendment) Act, 1966–This amendment was necessitated by the decision of the Supreme Court in Chandramohan vs. State of Uttar Pradesh in which certain appointments of District Judges in State of Uttar Pradesh were declared void by Supreme Court. A new Article 233A was added and the appointments made by Governor were validated.
21. The Constitution (Twentyfirst Amendment) Act, 1967–By this amendment, Sindhi Language was included in the Eighth Schedule.
22. The Constitution (Twentysecond Amendment) Act, 1969–
This act was enacted to facilitate the formation of a new autonomous state of Meghalaya within state of Assam.
23. The Constitution (Twentythird Amendment) Act, 1969–Article 334 was amended so as to extend the safeguards in respect of reservation of seats in Parliament and State Legislatures for Schedule Castes and Scheduled Tribes as well as for Anglo-Indians for a further period of ten years.
24. The Constitution (Twentyfourth Amendment) Act, 1971–This amendment was passed in the context of a situation that emerged with the verdict in Golaknath’s case by Supreme Court. Accordingly, this act amended Article 13 and Article 368 power of Parliament to amend the Constitution including the Fundamental Rights.
25. The Constitution (Twentyfifth Amendment) Act, 1971–This amendment further amended Article 31 in the wake of the Bank Nationalisation case. The word ‘amount’ was substituted in place of ‘compensation’ in the light of the judicial interpretation of the word ‘compensation’ meaning ‘adequate compensation’.
26. The Constitution (Twentysixth Amendment) Act, 1971–By this amendment, the privy and privileges of the former rulers of Indian states were abolished. This amendment was passed as a result of Supreme Court decision in Madhav Rao’s case.
27. The Constitution (Twentyseventh Amendment) Act, 1971–
This amendment was passed to provide for certain matters necessitated by the reorganisation of north-eastern states. A new Article 239B was inserted which enabled the promulgation of Ordinances by Administrators of certain union territories.
28. The Constitution (Twentyeighth Amendment) Act, 1972–The amendment was enacted to abolish the special privileges of the members of Indian Civil Services in matters of leave, pension and rights as regard to disciplinary matters.
29. The Constitution (Twentyninth Amendment) Act, 1972–The Ninth Schedule to the Constitution was amended to include there in two Kerala Acts on land reforms.
30. The Constitution (Thirtieth Amendment) Act, 1972–It curtailed the appeals to the Supreme Court and provided that only such appeals can be brought which involve a substantial question of law. This valuational aspect of Rs. 20,000 for appeals in civil cases to the Supreme
31. The Constitution (Thirty-First Amendment) Act, 1972–By this amendment, the seats of the Lok Sabha was increased from 525 to 545, but it reduced the representation of Union Territories from 25 to
32. The Constitution (Thirtysecond Amendment) Act, 1973–
This Act provided the necessary constitutional authority for giving effect to the provision of equal opportunities to different areas of the State of Andhra Pradesh and for the Constitution of an Administrative Tribunal with jurisdiction to deal with grievances relating to public services. It also empowered Parliament to legislate for the establishment of a Central University in the State.
33. The Constitution (Thirtythird Amendment) Act, 1974–By this amendment, Articles 101 and 190 were amended in order to streamline the procedure for resignation of Members of Parliament and State Legislatures.
34. The Constitution (Thirtyfourth Amendment) Act, 1974–By this Act, twenty more land tenure and land reforms laws enacted by various State Legislatures were included in the Ninth Schedule.
35. The Constitution (Thirtyfifth Amendment) Act, 1974–By this Act a new Article 2A was added there by conferring on Sikkim the status of an associate State of Indian Union. Consequent amendments were made to Articles 80 and 81. A new schedule, i.e., Tenth Schedule, was added laying down terms and conditions of association of Sikkim with the Union.
36. The Constitution (Thirtysixth Amendment) Act, 1975–This was enacted to make Sikkim a fullfledged State of Indian Union and to include it in the First Schedule to the Constitution and to allot to Sikkim one seat each in the Council of States and in the House of the People. Article 2A and the Tenth Schedule inserted by the Constitution (Thirtyfifth Amendment) Act were omitted and Articles 80 and 81 were suitably amended.
37. The Constitution (Thirtyseventh Amendment) Act, 1975–By this Act, Union Territory of Arunachal Pradesh was provided with a Legislative Assembly. Article 240 of the Constitution was also amended to provide that as in the case of other union territories with Legislatures, the power of President to make regulations for the Union Territory of Arunachal Pradesh may be exercised only when the assembly is either dissolved or its functions remain suspended.
38. The Constitution (Thirtyeight Amendment) Act, 1975)–This Act amended Articles 123, 213 and 352 of the Constitution to provide that the satisfaction of President or Governor contained in these Articles would be called in question in any court of law.
39. The Constitution (Thirtyninth Amendment) Act, 1975–By this Act, disputes relating to the election of President, Vice-President, Prime Minister and Speaker are to be determined by such authority as may be determined by Parliamentary
Law. Certain Central enactments were also included in the Ninth Schedule by this Act.
40. The Constitution (Fortieth Amendment) Act, 1976–This act provided for vesting in the Union of all mines, minerals and other things of value lying in the ocean within the territorial waters or the continental shelf or the exclusive economic zone of India. It further provided that all other resources of the exclusive economic zone of India shall also vest in the Union. This act also provided that the limits of the territorial waters, the continental shelf, the exclusive economic zone and the maritime zones of India shall be as specified from time to time by or under any law made by Parliament. Also some more Acts were added to the Ninth Schedule.
41. The Constitution (Fortyfirst Amendment) Act, 1976–By this Act, Article 316 was amended to raise the retirement age of Members of State Public Service Commissions and Joint Public Service Commissions from 60 to 62 years.
42. The Constitution (Fortysecond Amendment) Act, 1976–
This act made a number of important amendments in the Constitution.
These amendments were mainly for purpose of giving effect to the recommendations of Swaran Singh Committee.
The main provisions of this amendment were : ➤ ‘SOCIALIST’, ‘SECULAR’, and ‘INTEGRITY’ added to the Preamble.
➤ Fundamental Duties were added in Part IVA and made a new Article 51A.
➤ ‘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 Courts. Thus, it made the power of Parliament supremecy insofar as amendment of the Constitution was concerned.
➤ It authorised the Supreme Court to transfer certain cases from one High Court to another and redefined the writ jurisdiction of the High Courts.
➤ It provided Administrative Tribunals for speedy justice.
➤ Empowered the Centre to deploy armed forces in any State to deal with the grave law and order situation.
➤ Authorised the President to make Proclamation of Emergency for any part of the country as ➤ By this amendment it was made obligatory for the President to act on the advice of the Council of Ministers.
➤ Tenure of the Lok Sabha and the State Assemblies was increased by one year.
43. The Constitution (Fortythird Amendment) Act, 1977–The 43rd Amendment omitted many articles inserted by 42nd Amendment.
It restored the writ jurisdiction of the Supreme Court and the High Courts, which had been deprived by the 42nd Amendment.
➤ Provisions for the protection of environment, forests and wildlife.
➤ Provisions for the protection of children and the youth against exploitation.
➤ No quorum shall be required for conducting the meeting of the house of the people and the Legislature Assemblies of the State.
➤ The central government was given the 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.
44. The Constitution (Forty-Fourth Amendment) Act, 1978–
This amendment was brought by the Janata Party Government which repealed some of the changes effected by 42nd Amendment, omitted a few and provided alterations, the most important of them are as follows : ➤ Right to property was taken away from the list of Fundamental Rights and placed in a new Article 300A as mere legal right.
➤ Constitutionality of the Proclamation of Emergency by the President can be question in a court on the ground of malafide. (42nd Amendment had made it immune ➤ It brought the revocation of a Proclamation under Parliamentary control.
➤ Under National Emergency the words ‘internal disturbance’ have been substituted by the words ‘armed rebellion’.
➤ It limited the duration of Proclamation made under Art. 356 to a period of one year unless a Proclamation under Art. 352 is in operation and Election Commission certifies the impossibility to hold election to state assembly concerned in which case it may be extended upto three years, by successive resolutions for continuance being passed by both Houses of Parliament.
➤ It authorised the President to refer back the advice to the Council of Ministers for reconsideration, but made it binding for the President to act on the reconsidered advice.
➤ The power of the Courts to decide disputes regarding election of Prime Minister and Speaker was restored.
➤ Constitutional protection on publication of proceedings of Parliament and State legislatures was provided.
➤ The right to life and personal liberty and the liberty of the press were restored.
➤ The dispute relating to the qualification of the members of the Parliament and the state legislature shall be decided by the President and the Governers respectively.
➤ The term of the Lok Sabha and the Legislative Assemblies of the States reduced to 5 years.
45. The Constitution (Fortyfifth Amendment) Act, 1980–This was passed to extend reservation of seats in Parliament and State Assemblies for SC/STs for a further period
46. The Constitution (Forty-Sixth Amendment) Act, 1982–Art 269 was amended so that the tax levied on the consignment of goods in the course of inter-state or commerce shall be assigned to the State. A new entry 92A was also inserted in the Union List to enable the levy of tax on the consignment of goods where such consignment taken palce in the course of inter-state trade or commerce.
47. The Constitution (Forty–seventh Amendment) 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.
48. The Constitution (Fortyeighth Amendment) Act, 1984–The Proclamation issued by President under Article 356 of the Constitution with respect to the State of Punjab cannot be continued in force for more than one year unless the special conditions mentioned in clause (5) of the said Article are satisfied. As it is felt that the continued force of the said Proclamation is necessary, therefore, the present amendment had been effected so as to make the conditions mentioned in clause (5) of Article 356 inapplicable in the instant case.
49. The Constitution (Fortyninth Amendment) Act, 1984–
Tripura Government recommended that the provisions of the Sixth Schedule to the Constitution may be made applicable to tribal areas of that State.
The amendment involved in this Act is intended to give a constitutional security to the autonmous District Council functioning in the State.
50. The Constitution (Fiftieth Amendment) Act, 1984–By Article 33 of the constitution, Parliament is empowered to enact laws determining to what extent any of the rights tion 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 proper discharge of their duties and maintenance of discipline among them.
It was proposed to amend Article 33 to as to bring within its ambit :
(i) the members of the Force 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 purposes of any Force, Bureau or Organisation.
Experience has revealed that the need for ensuring proper discharge of their duties and maintenance of discipline among them is of paramount importance in the national interest.
51. The Constitution (Fifty-first Amendment) Act, 1984–Article 330 has been amended by this Act for providing reservation of seats for Scheduled Tribes in Meghalaya, Nagaland, Arunachal Pradesh and Mizoram in Parliament and Article 332 has been amended to provide similar reservation in the Legislative Assemblies of Nagaland and Meghalaya to meet the aspirations of local tribal population.
52. The Constitution (Fifty-second Amendment) 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.
53. The Constitution (Fiftythird Amendment) Act, 1986–It elevated the Union Territory of Mizoram to the status of a State.
54. The Constitution (Fifty-fourth Amendment) Act, 1986–This Act increases the salaries of Supreme Court and High Court judges as follows : Chief Justice of India Rs. 10,000 per month (at Present one Lakh) Judges of Supreme Court Rs. 9,000 per month (at Present Rs. 90,000) Chief Justice of High Court Rs. 9,000 per month (at Present Rs. 90,000) Judges of High Courts Rs. 8,000 per month (at Present Rs. 80,000) This Act amended Part ‘D’ of the Second Schedule to the Constitution to give effect to the above increase 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.
55. The Constitution Fifty-fifth Amendment) Act, 1986–The formation of Arunachal Pradesh took place with special powers given to the Governor.
It also provided for a 30-members State Assembly.
56. The Constitution (Fifty-sixth Amendment) Act, 1987–Goa was made a full fledged State with a provision for a State Assembly but Daman and Diu stayed as Union Territory.
57. The Constitution (Fifty-seventh Amendment) Act, 1987–It provided reservation of seats for Scheduled Tribes of Nagaland, Meghalaya, Mizoram and Arunachal Pradesh, in the Lok Sabha and in the State Assemblies of Nagaland and Meghalaya.
58. The Constitution (Fiftyeight Amendment) Act, 1987–By this amendment an authoritative text of the Constitution in Hindi was provided to the people of India by the President.
59. The Constitution (Fiftyninth Amendment) Act, 1988–It amended Art. 365(5) of the constitution to provide that the declaration of emergency may remain in operation up to 3 years and also authorised the Government to proclaim emergency in Punjab on grounds of ‘internal disturbance’.
The amendment made in
Art. 352 thus provided that the emergency with respect to Punjab shall operate only in that State.
60. The Constitution (Sixtieth Amendment) Act, 1988–To increase the ceiling of Taxes on professions, trades, callings and employment from
Rs. 250 per annum to Rs. 2500 per annum.
61. The Constitution (Sixtyfirst Amendment) Act, 1989–It provided for the reduction of voting age from 21 to 18 years by bringing an amendment to Art. 326.
62. The Constitution (Sixtysecond Amendment) Act, 1989–It had increased the period of reservation of seats provided to the Scheduled Castes and Scheduled Tribes for another 10 years i.e. upto the year of 2000 A.D. The reservation for Anglo- Indians through nomination in case of their inadequate representation, was also extended for the same period.
63. The Constitution (Sixtythird Amendment) Act, 1990–The Constitution (Fifty-ninth Amendment) Act, 1988 was enacted in March 1988 making certain changes in regard to making a Proclamation of Emergency in Punjab and to the duration of President’s rule in State. On reconsideration, the Government decided that the special powers in regard to the Proclamation of Emergency in amendment is no longer required.
Accordingly the provision to clause
(5) of Article 356 and Article 359A of the Constitution have been omitted.
64. The Constitution (Sixtyfourth Amendment) Act, 1990–This Act amends clauses (4) and (5) of Article 356 of the Constitution with a view to facilitate the extension of the proclamation issued under clause (1) of Article 356 of the Constitution on 11 May 1987 upto a total period of three years and six months in relation to the State of Punjab.
65. The Constitution (Sixtyfifth Amendment) Act, 1990–A National Commission for Scheduled Castes and Scheduled Tribes with wide powers was provided to take care for the cause of SCs/STs. The composition of the Commission included a chairperson, a vice-chairperson and five other members to be appointed by the President.
66. The Constitution (Sixtysixth Amendment) act, 1990–This amendment provided for the inclusion of new land reform Acts passed by the State into the Ninth Schedule.
67. The Constitution (Sixtyseventh Amendment) Act, 1990–The three year period in the case of proclamation issued on 11 May, 1987 with respect to the State of Punjab was extended to three years and six months by the Constitution (Sixtyfourth Amendment) Act, 1990. This Act further amends clause (4) of Article 356 so as to further extend the period upto a total period of four years.
68. The Constitution (Sixtyeighth Amendment) Act, 1991–The three year period in the case of proclamation issued on 17 May 1987 with respect to the State of Punjab was earlier extended to four years by the Constitution (sixty-seventh Amendment) Act, 1990. This Act further amends clause (4) of Article 356 so as to further extend the period upto
69. The Constitution (Sixtyninth Amendment) Act, 1991–Articles 239-AA and 239 AB were inserted in the Constitution to provide a National Capital Territory designation to Union Territory of Delhi with a Legislative Assembly and Council of Ministers.
70. The Constitution (Seventieth Amendment) Act, 1992–It brought alteration in Article 54 to provide for the inclusion of member of Legislative Assemblies of Union Territories of Delhi and Pondicherry in the electoral college for the election of the President.
71. The Constitution (Seventyfirst Amendment) Act, 1992–It included Konkani, Manipuri and Nepali languages in the VIII Schedule, making the total languages included in it to 18.
72. The Constitution (Seventysecond Amendment) Act, 1992–To implement the Memorandum signed with the Tripura National Volunteers in 1988.
73. The Constitution (Seventythird Amendment) Act, 1993–With this amendment, the institution of Panchayati Raj received constitutional guarantee, status and legitimacy in the direction of power to the people at grass-root level. A separate Scheduled XI was added to deal with it. It also inserted Part IX, containing Arts.
243, 243 A to 243 O.
74. The Constitution (Seventyfourth Amendment) Act, 1993–This amendment provided constitutional sanctity to Nagarpalika or Municipalities by inserting Part IX-A, containing Arts. 243P to 243ZG and a separate Schedule XII which deals with the items concerning Municipalities.
75. The Constitution (Seventy-Fifth Amendment) Act, 1994–Setting up of state-level Rent Tribunals and to exclude the jurisdiction of all courts, except that of Supreme Court.
76. The Constitution (Seventysixth
for the inclusion of Tamil Nadu Reservation List (i.e. to provide for 69 per cent reservation for educational institutions and government jobs in the State) in the Ninth Schedule to make it immune to judicial review.
77. The Constitution (Seventyseventh) Amendment Act, 1995–By this amendment a new clause 4A was added to Art 16 which authorised the State to make provisions for Scheduled Castes and Scheduled Tribes with regard to promotions in Government jobs.
78. The Constitution (Seventyeighth Amendment) Act, 1995–This amendment has amended the Ninth schedule of the Constitution and inserted 27 Land Reform Act of various States in the Ninth Schedule.
79. The Constitution (Seventyninth Amendment) Act, 1999–By this Act the Government has extended the reservations of seats for the Scheduled Castes and the Scheduled Tribes as well as for the Anglo-Indians in the House of the People and in the Legislative Assemblies of the States for another ten years.
80. The Constitution (Eightieth Amendment) Act, 1999–Based on the 10th finance Commission recommendation.
Under the new scheme of devolution of revenue between Union and 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 shares in the income-tax, excise duties, special excise duties and grants in lieu of tax on railway passenger fares.
81. The Constitution (Eightyfirst Amendment) Act, 2000–The unfilled vacancies of a year which reserved for the SCs and the STs for being filled up in that year in accordance with any provision for 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
82. The Constitution (Eightysecond Amendment) Act, 2000–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.
83. The Constitution (Eightythird Amendment) Act, 2000–The Act amended Article 243M of the Constitution to provide that no reservation in Panchayats need be made in favour of the Scheduled Castes in Arunachal Pradesh wholly inhabited by tribal population.
84. The Constitution (Eightyfourth Amendment) Act, 2001–The Act amended Provisions to article 82 and 170 (3) of the Constitution to readjust and rationalise the territorial constituencies in the states, without altering the number of seats allotted to each state in House of people and Legislative Assemblies of the states, including the Scheduled Castes and Scheduled Tribes Constituencies.
85. The Constitution (Eightyfifth Amendment) Act 2001–To provide consequential seniority in the case of promotion by virtue of rule of reservation for the Government servants belonging to the Scheduled Castes and the Scheduled Tribes.
86. The Constitution (Eightysixth Amendment) Act, 2002–Compulsory and free education is the fundamental right for all the children of 6 to 14 years age. The Act deals with insertion of a new Article 21A after Article 21.
87. The Constitution (Eightyseventh Amendment) Act, 2003–The 2001 Census are the basis for delimitation of constituencies of the Lok Sabha and State Legislative Assembly.
88. The Constitution (Eightyeighth Amendment) Act, 2003–Service tax levied by union and collected and appropriated by the union and the states.
89. The Constitution (Eightyninth Amendment) Act, 2003–It provides for constitution of a national commission for the Scheduled Tribes.
(Earlier, there was a combined national commission for both SC/STs).
90. The Constitution (Ninetieth Amendment) Act, 2003–It provides that the representation of the Scheduled Tribes and Non-scheduled Tribe in the constituencies included in the Bodoland Territorial Areas District
(BTAD) as existing prior to the constitution of BTAD shall be maintained for the purpose of elections to Legislative Assembly of the state of Assam.
91. The Constitution (Ninetyfirst Amendment) Act, 2003–
Amended the anti-defection laws and provided for Amendent of Article 75.
The total number of ministries, including the Prime minister, in the Council of Ministers shall not exceed fifteen per cent of the total number of members of the House of the people
92. The Constitution (Ninetysecond Amendment) Act, 2003–Inclusion of Bodo, Dogri, Maithili and Santhali in the Eighth Schedule to the Constitution with this, the total number of constitutionally recognised languages increased to 22.
93. The Constitution (Ninetythird Amendment) Act, 2006–To enable provision of reservation for other backward classes (O.B.C.) in government as well as private educational institutions.
94. The Constitution (Ninetyfourth Amendment) Act, 2006 : For the setting up of a separate three member National commission for scheduled Tribes. The National commission for scheduled Tribes is being created to protect the rights of the tribal community as enshrined in the constitution.
95. The Constitution (Ninety-Fifth Amendment) Act, 2010 : Extended reservation for the SC/ST for further period of ten years, that is upto 25 January, 2020.
96. The Constitution (Ninety-Sixth Amendment) Act, 2011 : Substituted “Odia” for “Oriya”.
97. The Constitution (Ninety-Seventh Amendment) Act, 2011 :
Provided for the co-operative Societies in part IXB of the constitution of India. It also amended Article 19(1)
(c) and inserted Article 43B.
98. The Constitution (Ninety-Eighth Amendment) Act, 2012 : Inserted Article 371J in the constitution.
The objective was to empower the Governor of Karnataka to take steps to develop Hyderabad-Karnataka region.
99. The Constitution (Ninety-Ninth Amendment) Act, 2014 : Inserted new articles 124 A, 124 B and 124 C after article 124 of the constitution.
The Act also provided for the composition and the functions of the proposed National Judicial Appointment Commission.
100. The Constitution (Hundredth Amendment) Act, 2015 :
Amended the first schedule of the constitution, for the purpose of giving effect to the acquiring of territories by India and transfer of territories to Bangladesh through retaining of adverse possession and exchange of enclaves, in pursuance of the Agreement between India and Bangladesh concerning the demarcation of the land boundary, signed on 16th May 1974 and its protocol signed on 6th September, 2011.