Important Amendments To Indian Constitution

Important Amendments To Indian Constitution

Part XX of the Constitution of India has only one article that is Article 368 that deals with the amendment of the Constitution. As per this article, Parliament may add, amend or repeal any provision of the constitution as per the procedure laid down for this purpose. However, in the Kesavanand Bharati Case 1973, the Supreme Court has ruled that the Parliament cannot amend those provisions which constitute the Basic Structure of the Constitution.

 

The article 368 provides for three types of amendments:

 

  • Amendment by simple majority of the parliament:

 

These bills are passed by both Houses of Parliament by a simple majority of members present and voting.

  • Amendment by special majority of the parliament:

The majority of the provisions in the Constitution need to be amended by a special majority of the Parliament, that is, a majority (that is, more than 50 per cent) of the total membership of each House and a majority of two-thirds of the members of each House present and voting. The expression ‘total membership’ means the total number of members comprising the House irrespective of fact whether there are vacancies or absentees.

 

The provisions which can be amended by this way include:

– Fundamental Rights

– Directive Principles of State Policy

– All other provisions which are not covered by the first and third categories.

 

  • Amendment by special majority of the parliament and the ratification of half of the state legislatures:

Those provisions of the Constitution which are related to the federal structure of the polity can be amended by a special majority of the Parliament and also with the consent of half of the state legislatures by a simple majority.

The provisions which can be amended by this way include:

– Election of the President and its manner.

– Extent of the executive power of the Union and the states.

– Supreme Court and high courts.

– Distribution of legislative powers between the Union and the states.

– Any of the lists in the Seventh Schedule.

– Representation of states in Parliament.

– Power of Parliament to amend the Constitution and its procedure (Article 368 itself).

 

 Amendments to Indian Constitution

No. Enforced since Objectives
1 10-May-1951 Added special provision for the advancement of any socially and educationally backward classes or for the Scheduled Castes and the Scheduled Tribes. 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 against laws that are contrary to the Constitutionally guaranteed fundamental rights. These laws encroach upon property rights, freedom of speech and equality before law.
2 1-May-1953 Removed the upper population limit for a parliamentary constituency by amending Article 81(1)(b).
3 22-Feb-1955 Re-enacted entry 33 of the Concurrent List in the Seventh Schedule with relation to include trade and commerce in, and the production, supply and distribution of four classes of essential commodities, viz., foodstuffs, including edible oil seeds and oils; cattle fodder, including oilcakes and other concentrates; raw cotton whether ginned or unginned, and cotton seeds; and raw jute.
4 27-Apr-1955 Restrictions on property rights and inclusion of related bills in Schedule 9 of the constitution.
5 24-Dec-1955 Empowered the President to prescribe a time limit for a State Legislature to convey its views on proposed Central laws relating to the formation of new States and alteration of areas, boundaries or names of existing States. Also permitted the President to extend the prescribed limit, and prohibited any such bill from being introduced in Parliament until after the expiry of the prescribed or extended period.
6 11-Sep-1956 Amend the Union and State Lists with respect to raising of taxes.
7 1-Nov-1956 Reorganization of states on linguistic lines, abolition of Class A, B, C, D states and introduction of Union Territories.
8 5-Jan-1960 Extended the period of reservation of seats for the Scheduled Castes and Scheduled TribesandAnglo-Indiansin the Lok Sabha and the State Legislative Assemblies till 1970.
9 28-Dec-1960 Minor adjustments to territory of Indian Union consequent to agreement with Pakistan for settlement of disputes by demarcation of border villages, etc.
10 11-Aug-1961 Incorporation of Dadra, Nagar and Haveli as a Union Territory, consequent to acquisition from Portugal.
11 19-Dec-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 20-Dec-61 Incorporation of Goa, Daman and Diu as a Union Territory, consequent to acquisition from Portugal.
13 1-Dec-63 Formation of State of Nagaland, with special protection under Article 371A.
14 28-Dec-62 Incorporation of Pondicherry into the Union of India and creation of Legislative Assemblies for Himachal Pradesh, Tripura, Manipur and Goa.
15 5-Oct-63 Raise retirement age of High court judges from 60 to 62 and other minor amendments for rationalizing interpretation of rules regarding judges etc.
16 5-Oct-63 Make it obligatory for seekers of public office to swear their allegiance to the Indian Republic and prescribe the various obligtory templates.
17 20-Jun-64 To secure the constitutional validity of acquisition of Estates and place land acquisition laws in Schedule 9 of the constitution.
18 27-Aug-66 Technical Amendment to include Union Territories in Article 3 and hence permit reorganisation of Union Territories.
19 11-Dec-66 Abolish Election Tribunals and enable trial of election petitions by regular High Courts.
20 22-Dec-66 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 judgment invalidating appointments of certain judges in the state of Uttar Pradesh.
21 10-Apr-67 Include Sindhi as an Official Language.
22 25-Sep-69 Provision to form Autonomous states within the State of Assam.
23 23-Jan-70 Discontinued reservation of seats for the Scheduled Tribes in Nagaland, both in the Lok Sabha and the State Legislative Assembly and stipulated that not more than one Anglo-Indian could be nominated by the Governor to any State Legislative Assembly. Extend reservation for SC/ST and Anglo Indian members in the Lok Sabha and State Assemblies for another ten years, i.e. up to 1980.
24 5-Nov-71 Enable parliament to dilute fundamental rights through amendments to the constitution.
25 20-Apr-72 Restrict property rights and compensation in case the state takes over private property. However, the Supreme Court quashed a part of Article 31C, to the extent it took away the power of judicial review. This was done in the landmark case of Kesavananda Bharati v. State of Kerala (1973) 4 SCC 225 which for the first time enunciated the Basic structure doctrine.
26 28-Dec-71 Abolition of privy purse paid to former rulers of princely states which were incorporated into the Indian Republic.
27 15-Feb-72 Reorganization of Mizoram into a Union Territory with a legislature and council of ministers.
28 29-Aug-72 Rationalize Civil Service rules to make it uniform across those appointed prior to Independence and post independence.
29 9-Jun-72 Place land reform acts and amendments to these act under Schedule 9 of the constitution.
30 27-Feb-73 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 17-Oct-73 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 1-Jul-74 Protection of regional rights in Telangana and Andhra regions of State of Andhra Pradesh.
33 19-May-74 Prescribes procedure for resignation by members of parliament and state legislatures and the procedure for verification and acceptance of resignation by house speaker.
34 7-Sep-74 Place land reform acts and amendments to these act under Schedule 9 of the constitution.
35 1-Mar-75 Terms and Conditions for the Incorporation of Sikkim into the Union of India.
36 26-Apr-75 Formation of Sikkim as a State within the Indian Union.
37 3-May-75 Formation of Arunachal Pradesh legislative assembly.
38 1-Jun-75 Enhances the powers of President and Governors to pass ordinances.
39 10-Aug-75 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 Prime Minister. The amendment was introduced and passed in the Lok Sabha on August 7, 1975 and again introduced and passed in the Rajya Sabha on August 8, 1975. As many as 17 State Assemblies, summoned on Saturday, August 9 ratified this amendment and President Fakhruddin Ali Ahmad gave his assent on Sunday, August 10 and the civil servants issued gazette notification on Sunday, August 10, 1975. As a consequence of this amendment to the Constitution of India, Supreme Court of India’s scheduled hearing on August 11, 1975 of Petition challenging Prime Minister Indira Gandhi’s election became infructuous.
Later however, Article 329A was struck down by the Supreme Court in case of Indira Nehru Gandhi vs Shri Raj Narain 1976 (2) SCR 347, for being in violation of basic structure.
40 27-May-76 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 7-Sep-76 Raise Retirement Age Limit of Chairmen and Members of Joint Public Service Commissions and State Public Service Commissions from sixty to sixty two.
42 2-Nov-76 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.
However, the Supreme Court, in Minerva Mills v. Union of India, quashed the amendments to Articles 31C and 368 as it was in contravention with the basic structure of the Constitution.
43 13-Apr-78 Amendment passed after revocation of internal emergency in the Country. Repeals some of the more ‘Anti-Freedom’ amendments enacted through Amendment Bill 42.
44 6-Sep-78 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 25-Jan-80 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 2-Feb-83 Amendment to negate judicial pronouncements on scope and applicability on Sales Tax.
47 26-Aug-84 Place land reform acts and amendments to these act under Schedule 9 of the constitution.
48 26-Aug-84 Article 356 amended to permit President’s rule up to two years in the state of Punjab.
49 11-Sep-84 Recognize Tripura as a Tribal State and enable the creation of a Tripura Tribal Areas Autonomous District Council.
50 11-Sep-84 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 29-Apr-84 Provide reservation to Scheduled Tribes in Nagaland, Meghalaya, Mizoram and Arunachal Pradesh in Loksabha, similarly for Meghalaya and Arunachal in their Legislative Assemblies.
52 15-Feb-85 Anti Defection Law – Provide disqualification of members from parliament and assembly in case of defection from one party to other. However, parts of the 10th Schedule to the Constitution of India was struck down by the Supreme Court in the case of Kihoto Hollohan v. Zachillhu 1992 SCR (1) 686, for being in contravention with Article 368 of the Constitution.
53 20-Feb-86 Special provision with respect to the State of Mizoram.
54 1-Apr-86 Increase the salary of Chief Justice of India & other Judges and to provide for determining future increases without the need for constitutional amendment.
55 20-Feb-87 Special powers to Governor consequent to formation of state of Arunachal Pradesh.
56 30-May-87 Transition provision to enable formation of state of Goa.
57 21-Sep-87 Provide reservation to Scheduled Tribes in Nagaland, Meghalaya, Mizoram and Arunachal Pradesh Legislative Assemblies.
58 9-Dec-87 Provision to publish authentic Hindi translation of constitution as on date and provision to publish authentic Hindi translation of future amendments.
59 30-Mar-88 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 20-Dec-88 Profession Tax increased from a minimum of Rs. 250/- to a maximum of Rs. 2500/-.
61 28-Mar-89 Reduce age for voting rights from 21 to 18.
62 20-Dec-89 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 6-Jan-90 Emergency powers applicable to State of Punjab, accorded in Article 359A as per amendment 59 repealed.
64 16-Apr-90 Article 356 amended to permit President’s rule up to three years and six months in the state of Punjab.
65 12-Mar-90 National Commission for Scheduled Castes and Scheduled Tribes formed and its statutory powers specified in The Constitution.
66 7-Jun-90 Place land reform acts and amendments to these act under Schedule 9 of the constitution.
67 4-Oct-90 Article 356 amended to permit President’s rule up to four years in the state of Punjab.
68 12-Mar-91 Article 356 amended to permit President’s rule up to five years in the state of Punjab.
69 1-Feb-90 To provide for a legislative assembly and council of ministers for Federal National Capital of Delhi. Delhi continues to be a Union Territory.
70 21-Dec-91 Include National Capital of Delhi and Union Territory of Pondicherry in electoral college for Presidential Election.
71 31-Aug-92 Include Konkani, Manipuri and Nepali as Official Languages.
72 5-Dec-92 Provide reservation to Scheduled Tribes in Tripura State Legislative Assembly.
73 24-Apr-92 Statutory provisions for Panchyat Raj as third level of administration in villages.
74 1-Jun-92 Statutory provisions for Local Administrative bodies as third level of administration in urban areas such as towns and cities.
75 15-May-94 Provisions for setting up Rent Control Tribunals.
76 31-Aug-94 Enable continuance of 69% reservation in Tamil Nadu by including the relevant Tamil Nadu Act under 9th Schedule of the constitution.
77 17-Jun-95 A technical amendment to protect reservation to SC/ST Employees in promotions.
78 30-Aug-95 Place land reform acts and amendments to these act under Schedule 9 of the constitution.
79 25-Jan-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 9-Jun-2000 Implement Tenth Finance Commission recommendation to simplify the tax structures by pooling and sharing all taxes between states and The Centre.
81 9-Jun-2000 Protect SC / ST reservation in filling backlog of vacancies.
82 8-Sep-2000 Permit relaxation of qualifying marks and other criteria in reservation in promotion for SC / ST candidates.
83 8-Sep-2000 Exempt Arunachal Pradesh from reservation for Scheduled Castes in Panchayati Raj institutions.
84 21-Feb-02 Extend the usage of 1971 national census population figures for statewise distribution of parliamentary seats.
85 4-Jan-02 A technical amendment to protect Consequential seniority in case of promotions of SC/ST Employees.
86 12-Dec-02 Provides Right to Education until the age of fourteen and Early childhood care until the age of six.
87 22-Jun-03 Extend the usage of 2001 national census population figures for statewise distribution of parliamentary seats.
88 15-Jan-04 To extend statutory cover for levy and utilization of Service Tax.
89 28-Sep-03 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 28-Sep-03 Reservation in Assam Assembly relating to Bodoland Territory Area.
91 1-Jan-04 Restrict the size of council of ministers to 15% of legislative members & to strengthen Anti Defection laws.
92 7-Jan-04 Include Bodo, Dogri, Santali and Maithali as official languages.
93 20-Jan-06 To enable provision of reservation (27%) for other backward classes(OBC) in government as well as private educational institutions.
94 12-Jun-06 To provide for a Minister of Tribal Welfare in newly created Jharkhand and Chhattisgarh States including Madhya Pradesh, Orissa.
95 25-Jan-10 To extend the reservation of seats for SCs and STs in the Lok Sabha and states assemblies from Sixty years to Seventy years.
96 23-Sep-11 Substituted “Odia” for “Oriya”.
97 12-Jan-12 Added the words “or co-operative societies” after the word “or unions” in Article 19(l)(c) and insertion of article 43B i.e., Promotion of Co-operative Societies and added Part-IXB i.e., The Co-operative Societies.
The amendment objective is to encourage economic activities of cooperatives which in turn help progress of rural India. It is expected to not only ensure autonomous and democratic functioning of cooperatives, but also the accountability of the management to the members and other stakeholders.[102]
98 2-Jan-13 To empower the Governor of Karnataka to take steps to develop the Hyderabad-Karnataka Region.[103]
99 13 April 2015 Formation of a National Judicial Appointments Commission. 16 State assemblies out of 29 States includingGoa,Rajasthan,Tripura,GujaratandTelanganaratified the Central Legislation, enabling thePresident of Indiato give assent to the bill.[106]The amendment was struck down by the Supreme Court on 16 October 2015.
100 1-Aug-15 Exchange of certain enclave territorieswithBangladeshand conferment of citizenship rights to residents of enclaves consequent to signing of Land Boundary Agreement (LBA) Treaty between India and Bangladesh.
101 1-Jul-17 Introduced the Goods and Services Tax.
102 11-Aug-18 Constitutional status to National Commission for Backward Classes
103 12-Jan-19 A maximum of 10% Reservation for Economically Weaker Sections of citizens of classes other than the classes mentioned in clauses (4) and (5) of Article 15, i.e. Classes other than socially and educationally backward classes of citizens or the Scheduled Castes and the Scheduled Tribes. Inserted Clause [6] under Article 15 as well as Inserted Clause [6] under Article 16.