Important Amendments of Indian Constitution

by

Important Amendments of Indian Constitution

24th amendment of Indian constitution

ARTICLE 368 in Part XX of the Constitution deals with the powers of the Parliament to amend the Constitution and its procedure. The Parliament may in the exercise of its constituent power amend by way of addition, variation or repeal any provision of the Constitution in accordance with the procedure laid down.

Prior to the Golak Nath Case, The Supreme Court maintained that Fundamental Rights were also amendable. The case ruled that the Fundamental Rights were transcendental in nature and the Parliament cannot abridge or take away any Fundamental Rights.

Reacting to this Judgment of the Supreme Court the Parliament through the 24th Amendment Act, 1971 brought certain changes to the amend ability of the Fundamental Rights. The 24th Amendment Act, 1971 amended Articles 13 and 368. It declared that the Parliament has the power to abridge or take away any of the Fundamental Rights under Article 368 and such an Act, will not be a law under the meaning of Article 13.

The Supreme Court upheld the validity of the 24th Amendment Act, and stated that the Parliament is empowered to abridge or take away any of the Fundamental Rights but at the same time laid down the new doctrine of the ‘basic structure of the Constitution’.

 

42nd Amendment act of the Constitution

 

  • Two changes were made in The Preamble. Firstly, the Characterization of India as “Sovereign democratic republic” has been changed to “Sovereign socialist, secular democratic republic” and Secondly, the words “unity of nation‘ were changed to “unity and Integrity of the nation“.
  • 42nd Amendment provided for the readjustment in constituencies for election to Lok Sabha, and State Legislative Assemblies, after every census held after ten years at the point of 1971 census till the holding of the first census after the year 2000. The Number of seats for SC and ST tribes in Lok Sabha was also frozen. A person holding an ‘Office of Profit’ is disqualified from the Membership Of Parliament or a State Legislature and the court’s power to declare what was an office of profit was ceased. The boundation of President under Article 103 to follow the opinion of Election Commission was also removed.
  • The amendment restricted the power of High Court to only adjudicate upon the validity of State legislation and Supreme court on Central legislation. A new provision was added as Article 131A, providing only Supreme court exclusive jurisdiction to determine the question relating to central legislation. Article 226A and Article 228A restricted the high courts. It was also added through Article 144A and 228A that at least seven judge bench would sit to decide a question of the constitutional validity of Central Law and the legislation can be held unconstitutional only with a two-thirds majority.
  • Article 352 was amended to authorize the President to declare Emergency not only throughout the country and but also in any part. For this, some necessary changes were made in Article 353, Article 358, and Article 359. Earlier the proclamation of Emergency under Article 356 needed parliamentary approval to operate at the end of every six years, but now this period was extended to one year.
  • Through the change in Article 31-C, an attempt was made to give primacy to DPSP over Fundamental rights. Though no change was made directly in the articles related to fundamental rights. A certain changes were made to dilute its effect. The article 31-D was added to enable Parliament to make the law to prevent and prohibit Anti-national activities. Also, the laws made under article 31-D was forbidden to be held void for being violative of Article 14, 19 or 31.

93rd amendment of the Constitution of India

93rd amendment, 2006 added clause (5) in Article 15 which stated-nothing 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 the 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.

101st  Amendment of the Constitution of India

The One Hundred and First Amendment of the Constitution of India, officially known as The Constitution (One Hundred and First Amendment) Act, 2016, introduced a national Goods and Service Tax (GST) in India from 1st April 2017. The GST is a Value Added Tax (VAT) and is proposed to be a comprehensive Indirect Tax levied on manufacture, sale and consumption of goods as well as Services at the national level which will replace all indirect taxes levied on goods and services by a single tax on the supply, right from the manufacturer to the consumer.

The following Articles have been inserted:

Article 246A: By this Article, the State Legislatures now have the power to make individual laws with respect to GST imposed by the Centre and to make necessary arrangements for implementation of the same in inter-state trade, while the Centre has exclusive power to make GST laws in case of inter-state trade. Both the Union and States in India now have concurrent powers to make law with respect to goods & services.

Article 269A: Goods and services tax on supplies in the course of inter-State trade or commerce shall be levied and collected by the Government of India and such tax shall be apportioned between the Union and the States in the manner as may be provided by Parliament by law on the recommendations of the Goods and Services Tax Council.

Article 279A: This Article provides for the constitution of a GST Council along with its powers and positions. The process of decision-making also has to be done through voting.

 

 

Compensation and Transition

Upon recommendation by GST Council, the Parliament will provide compensation to the States in case of any loss due to the implementation of GST to five years. However, no redressal against the advice or decisions of the GST council has been provided to the States. Special powers have been given to the president to make such necessary adaptations and modifications by order within a period of three years for removing any difficulty that may arise.

102nd  Amendment of the Constitution of India

The 102nd Constitutional Amendment Act was passed by the Parliament and received President’s assent on 11th August 2018. The act provides for the grant of constitutional status to National commission for Backward classes on par with the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes, which was first set up under the National Commission for Backward Classes Act, 1993.

The government had created a Commission for the Scheduled Castes and Scheduled Tribes via a resolution in 1987. It was given constitutional status by passing Constitution (65th amendment) Act, 1990, leading to creation of National Commission of Scheduled Castes and Scheduled Tribes (NCSCST) in 1992. Via the Constitution (89th Amendment) Act, 2003; the NCSCST was split into two different commissions viz. NCSC and NCST by inserting Article 338-A.

NCSC was mandated to look into the grievances and complaints of backward classes also. However, in 1992, the Supreme Court in Indra Sawhney Case had directed the government to create a permanent body to entertain, examine and recommend the inclusion and exclusion of various Backward Classes for the purpose of benefits and protection. Towards this, the parliament passed National Commission for Backward Classes Act in 1993 and constituted the National Commission for Backward Classes as a statutory body. Currently, this body is responsible to look into the inclusion and exclusion of backward classes only. To safeguard the interests of these classes more effectively, there was a need to give constitutional status to NCBC.

  • 102nd Amendment Act inserted a new article 338B in the constitution which provides for NCBC, its composition, mandate, functions and various officers.
  • It inserted a new article 342-A which empowers the President to notify the list of socially and educationally backward classes of that state / union territory.
  • It inserted Clause (26C) under Article 366 with modified definition viz. “socially and educationally backward classes” means such backward classes as are so deemed under Article 342A for the purpose, this Constitution.
  • Amendment Repealed the National Commission for Backward Classes Act 1992 enacted to give effect to the Supreme Court judgement in Indira Sahawey Case. The NCBC, a statutory body created in 1993, was given limited powers – only to recommend to the government inclusion or exclusion of a community in the central list of OBCs. Also, the power to hear complaints of the OBCs and protect their interests remained with the National Commission for Scheduled Castes.

 

103rd amendment of the constitution of india

A big 10%  of all government jobs and college seats will now have a reservation for people outside high income brackets as 124th Constitutional Amendment Bill passed by parliament and became 103rd amendment act of Indian constitution.

Salient features of the act

  • It provides reservation of jobs in central government jobs as well as government educational institutions. It is also applicable on admissions to private higher educational institutions.
  • Article 15 (6) is added to provide reservations to economically weaker sections for 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. The amendment aims to provide reservation to those who do not fall in 15 (5) and 15(4) (effectively, SCs, STs and OBCs).
  • Article 16 (6) is added to provide reservations to people from economically weaker sections in government posts.

 ,

The Indian Constitution has been amended 104 times since it was adopted in 1950. The first amendment was passed in 1951, and the most recent amendment was passed in 2019. The amendments have been made to address a variety of issues, including the need to expand the rights of citizens, to make the government more efficient, and to reflect changes in Society.

Some of the most important amendments include the following:

  • The First Amendment (1951): This amendment gave Parliament the power to amend any part of the Constitution except the basic structure.
  • The Fourth Amendment (1955): This amendment gave Parliament the power to acquire property without compensation if it was necessary for a public purpose.
  • The Seventeenth Amendment (1971): This amendment increased the number of seats in the Lok Sabha from 552 to 575.
  • The Twenty-fourth Amendment (1976): This amendment inserted a new Article 31D in the Constitution, which provided that no law made by Parliament for implementing any international treaty or agreement shall be deemed to be void on the ground that it is inconsistent with any of the fundamental rights.
  • The Forty-second Amendment (1976): This amendment was the most controversial amendment to the Constitution. It was passed during the Emergency, when Indira Gandhi was Prime Minister. The amendment made a number of changes to the Constitution, including the following:
    • It inserted a new Article 31C in the Constitution, which gave Parliament the power to amend any law relating to fundamental rights if it was necessary to do so in the interest of the Sovereignty and integrity of India, the security of the State, friendly relations with foreign countries, or public order.
    • It deleted the provision in Article 31A that gave Parliament the power to amend any law relating to the Right to Property.
    • It inserted a new Article 31D in the Constitution, which provided that no law made by Parliament for implementing any international treaty or agreement shall be deemed to be void on the ground that it is inconsistent with any of the fundamental rights.
  • The Forty-fourth Amendment (1978): This amendment repealed the controversial provisions of the 42nd Amendment.
  • The Eighty-sixth Amendment (2002): This amendment inserted a new Article 21A in the Constitution, which provides that 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 determine.
  • The One Hundred and Second Amendment (2019): This amendment inserted a new Article 368A in the Constitution, which provides for the amendment of the Constitution by a Simple Majority of both Houses of Parliament.

The amendments to the Indian Constitution have been a vital part of the country’s development. They have helped to make the Constitution more responsive to the needs of the people and to reflect the changing realities of Indian Society.

Here are some frequently asked questions and short answers about the Indian Constitution:

  1. What is the Indian Constitution?
    The Indian Constitution is the supreme law of India. It was adopted on 26 November 1949 and came into effect on 26 January 1950. The Constitution provides for a parliamentary System of Government with a President as the head of state and a Prime Minister as the head of government.

  2. Who wrote the Indian Constitution?
    The Indian Constitution was drafted by a Constituent Assembly consisting of elected representatives from all parts of India. The Assembly was chaired by Dr. B.R. Ambedkar, who is also known as the “Father of the Indian Constitution”.

  3. What are the main features of the Indian Constitution?
    The main features of the Indian Constitution include:

  4. A Federal System of Government

  5. A parliamentary system of government
  6. A Secular State
  7. A socialist state
  8. A democratic republic

  9. A welfare state

  10. What are the fundamental rights guaranteed by the Indian Constitution?
    The fundamental rights guaranteed by the Indian Constitution include:

  11. Right to Equality

  12. Right to freedom
  13. Right against exploitation
  14. Right to freedom of religion
  15. Cultural and educational rights

  16. Right to constitutional remedies

  17. What are the Directive Principles of State Policy?
    The directive principles of state policy are a set of principles that the government is supposed to follow in making laws and policies. These principles include:

  18. Promotion of Justice, Liberty, equality and Fraternity

  19. Securement of a social order in which justice, social, economic and political, shall inform all the institutions of national life
  20. Equal pay for equal work for both men and Women
  21. Provision for free and compulsory education for all children until they complete the age of fourteen years
  22. Promotion of educational and economic interests of the weaker sections of the people, and in particular, of the scheduled castes and the scheduled tribes
  23. Protection of the interests of minorities
  24. Promotion of village and Cottage industries

  25. Protection and improvement of the Environment and safeguarding of forests and wildlife

  26. What are the basic features of the Indian Constitution?
    The basic features of the Indian Constitution are those features that cannot be amended by Parliament. These features include:

  27. The sovereignty of India

  28. The unity and integrity of India
  29. The republican and democratic character of the State
  30. The secular character of the State
  31. The federal character of the State
  32. The independence of the judiciary
  33. The fundamental rights

  34. The directive principles of state policy

  35. How can the Indian Constitution be amended?
    The Indian Constitution can be amended by Parliament by passing a bill with a two-thirds majority in both Houses of Parliament. However, there are certain provisions of the Constitution that cannot be amended, such as the basic features of the Constitution.

  36. What are the challenges facing the Indian Constitution?
    The Indian Constitution is facing a number of challenges, including:

  37. The rise of Communalism and casteism

  38. The problem of Corruption
  39. The issue of Regionalism
  40. The problem of POVERTY and Unemployment

  41. The challenge of Globalization/”>Globalization-3/”>Globalization

  42. What is the future of the Indian Constitution?
    The future of the Indian Constitution is uncertain. However, it is hoped that the Constitution will continue to be a strong and vibrant document that will guide India towards a bright future.

  1. The Constitution of India was adopted on:
    (A) 26 November 1949
    (B) 26 January 1950
    (C) 15 August 1947
    (D) 12 March 1948

  2. The Constitution of India came into force on:
    (A) 26 November 1949
    (B) 26 January 1950
    (C) 15 August 1947
    (D) 12 March 1948

  3. The Preamble to the Constitution of India states that India is a:
    (A) Sovereign, Socialist, Secular, Democratic Republic
    (B) Sovereign, Democratic, Republic
    (C) Sovereign, Socialist, Republic
    (D) Sovereign, Democratic, Secular

  4. The President of India is elected by:
    (A) The members of the Lok Sabha
    (B) The members of the Rajya Sabha
    (C) The members of the Lok Sabha and the Rajya Sabha
    (D) The members of the Electoral College

  5. The Prime Minister of India is appointed by:
    (A) The President of India
    (B) The Vice President of India
    (C) The Speaker of the Lok Sabha
    (D) The Chief Justice of India

  6. The Supreme Court of India is the highest court in India. It has:
    (A) One Chief Justice and 30 judges
    (B) One Chief Justice and 25 judges
    (C) One Chief Justice and 20 judges
    (D) One Chief Justice and 15 judges

  7. The Parliament of India consists of:
    (A) The President and the Lok Sabha
    (B) The President and the Rajya Sabha
    (C) The President, the Lok Sabha and the Rajya Sabha
    (D) The President, the Lok Sabha, the Rajya Sabha and the Legislative Assemblies of the States

  8. The Union Executive consists of:
    (A) The President, the Vice President and the Council of Ministers
    (B) The President, the Vice President and the Prime Minister
    (C) The President, the Vice President and the Chief Justice of India
    (D) The President, the Vice President and the Speaker of the Lok Sabha

  9. The Union Judiciary consists of:
    (A) The Supreme Court and the High Courts
    (B) The Supreme Court and the District Courts
    (C) The Supreme Court, the High Courts and the Subordinate Courts
    (D) The Supreme Court, the High Courts and the Tribunals

  10. The Fundamental Rights guaranteed by the Constitution of India are:
    (A) Right to equality, Right to freedom, Right against exploitation, Right to freedom of religion, Cultural and educational rights, and Right to constitutional remedies
    (B) Right to equality, Right to freedom, Right against exploitation, Right to freedom of religion, Cultural and educational rights, Right to property, and Right to constitutional remedies
    (C) Right to equality, Right to freedom, Right against exploitation, Right to freedom of religion, Cultural and educational rights, Right to property, and Right to life and personal liberty
    (D) Right to equality, Right to freedom, Right against exploitation, Right to freedom of religion, Cultural and educational rights, Right to property, Right to life and personal liberty, and Right to constitutional remedies