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Chronicle IAS Academy [3]

CONSTITUTIONAL

AMENDMENT

CHRONICLEIAS ACADEMYA CIVIL SERVICES CHRONICLE INITIATIVE

The procedure of amendment makes theConstitution of India neither totally rigid nortotally flexible, rather a curious mixture of both.Some provisions can be easily changed and forsome others, special procedures are to befollowed. Despite the fact that India is a federalstate, the proposal for amending theConstitution can be initiated only in the Houseof the Union Legislature and the StateLegislatures have no such power.

In fact, there are three methods of amendingthe Constitution. But Article 368 of theConstitution which lays down the procedure foramendment mentions two methods:

1. An amendment of the Constitutionmay be initiated only by the introductionof a Bill for the purpose in either Houseof Parliament and when a Bill is passedin each House.

(i) by a majority of total membership ofthat House.

(ii) by a majority of not less than two-thirdsof the members of that House presentand voting, it shall be presented to thePresident who shall give his assent tothe Bill and there upon the Constitutionshall stand amended in accordance withthe term of the Bill.

Most of the provisions of the Constitutioncan be amended by this procedure.

2. For amending certain provisions aspecial procedure to be followed,

(i) a Bill for the purpose must be passed ineach House of Parliament by a majorityof total membership of the House,

(ii) by a majority of not less than two-thirdsof the members of that house presentand voting and

(iii) it should be notified by the legislaturesof not less than one-half of the Statesbefore the Bill is presented to thePresident for assent.

The provisions requiring this specialprocedure to be followed include- (a) manner ofthe election of the President, (b) matters relatingto the executive power of the Union and of theState, (c) representation of the States inParliament (d) matters relating to the UnionJudiciary and High Courts in the States (e)distribution of legislative powers between theUnion and the States (f) any of the List in theSeventh Schedule (g) provisions of Article 368relating to the procedure for amendment of theConstitution, etc.

3. There are certain provisions whichrequire simple majority for amendments.They can be amended by the ordinarylaw making process. They include (a)formation of new States and alterationof areas, boundaries or names of existingones (b) creation or abolition ofLegislative Councils in the States (c)administration and control of ScheduledAreas and Scheduled Tribes (d) thesalaries and allowances of the SupremeCourt and High Court Judges (e) lawsregarding citizenship, etc. It issignificant that the laws passed byParliament to change the aboveprovisions would not be deemed to beamendments of the Constitution for thepurpose of Article 368.

Some important amendments are:

The Constitution (First Amendment) Act, 1951

In June 1951, the Constitution (FirstAmendment) Act was passed, and the followingAmendment in the Constitution were inserted :(i) To Article 15, a new clause (4) was added: (ii)clauses (2) and (6) of Article 19 were recast; (iii)After Article 31, Article 31A and 31B wereinserted; (iv) For original Article 85, a new Articlewas substituted; (v) In Article 87, clauses (1) and(2) were recast; (vi) For the original Article 174,a new Article was substituted; (vii) In Article176, clauses (1) and (2) were recast: (viii) Clause(1) of Article 341 was recast; and similarly, clause


(1) of Article 342, sub-clause (a) of Article 342,sub clause (a) of clause (3) of Article 372, andclause (1) of Article 376 were also recast; (ix) Afterthe Eighth Schedule to the Constitution a NinthSchedule was added and thirteen laws passedby State Legislatures were included in it so thatthose Acts might not be challenged in courts.

The main purpose of the Amendment wasthe removal of certain practical difficultiescreated by court decisions in several cases suchas Kameshwar Singh vs. State of Bihar, RomeshThapar vs. State of Madras, Brij Bhusan vs. Stateof Delhi and Motilal vs. Government of UttarPradesh. The issues involved in these cases werenumerous, such as the scope of the fundamentalright of freedom of speech, acquisition ofZamindari (land) of intermediaries, conflictbetween a citizen’s fundamental right to practiseany profession, or to carry on any business ortrade (Article 19) and State monopoly of anytrade, and so on.

The Constitution (Second Amendment) Act,1952

The Second Amendment, amended Article81 in order to remove the prescribed limit of7,50,000 of the population for one member to beelected to the Lok Sabha. According to theoriginal provision, at least one member was tobe elected to the Lok Sabha for every 7,50,000 ofthe population. It was further provided that themaximum number of elected member to the LokSabha should not exceed 500.

The Constitution (Third Amendment) Act, 1954

The Third Amendment brought aboutchanges in the Seventh Schedule consisting ofthe three Legislative Lists and entry 33 of theConcurrent List was substituted by a new one.

The Constitution (Fourth Amendment) Act,1955

Article 31 and 31A were amended by theConstitution Fourth Amendment Act. Clause (2)of Article 31 clause (1) of Article 31A weresubstituted by new clauses. As a result of these,the adequacy of the quantum of compensationpaid for the compulsory acquisition of propertyfor ‘a public purpose’ could not be questioned ina court of law. It also amended Article 305 andthe Ninth Schedule.

The Constitution (Fifth Amendment) Act, 1955

The Constitution (Fifth Amendment) Actamended Article 3. In the Constitution there wasno time limit during which a State Legislatureshould express its boundaries, which the Centremay like to make. With the help of thisamendment, it was provided that the State willbe required to express its views on such matterswithin such period as may be specified in thereference or within such further period, as thePresident may allow.

The Constitution (Sixth Amendment) Act, 1956

In this Act, the Seventh Schedule to theConstitution was amended and in the UnionList, a new entry was added after Entry 92 inthe State List, a new Entry was substituted forEntry 54. It also amended Articles 269 and 286dealing with inter-state Sales-tax.

The Constitution (Seventh Amendment) Act,1956

The Seventh Amendment brought about themost comprehensive changes so far in theConstitution. This amendment was designed toimplement the State Reorganisation Act. TheSecond and Seventh schedules were substantiallyamended for the purpose of the StatesReorganization Act.

The Constitution (Eight Amendment) Act, 1959

The Act extended the period of reservationseats in Lok Sabha and State Legislatures for theAnglo-Indians, the Scheduled Castes andScheduled Tribes by another 10 years.

The Constitution (Ninth Amendment) Act, 1960

It provided for the transfer of certainterritories of India to Pakistan under anagreement between India and Pakistan as a partof a comprehensive settlement of border disputesbetween the two countries.

The Constitution (Tenth Amendment) Act, 1961

The Tenth Amendment integrates the areasof Free Dadra and Nagar Haveli with the Unionof India and provides for their administrationunder the regulation making powers of thePresident.

The Constitution (Eleventh Amendment) Act,1961

It amended Article 71 so as to make it clearthat the election of the President or the Vice-


President shall not be challenged on the groundof any vacancy for whatever reason in theappropriate electoral college. It also obviates thenecessity of a joint meeting of the two Houses ofParliament (Article 66) by constituting them intoan electoral college for the election of the Vice-President.

The Constitution (Twelfth Amendment) Act,1962

The main object of the Amendment was toadd Union Territories of Goa, Daman and Diuto the Union of India and for this First Scheduleof the Constitution was amended.

The Constitution (Thirteenth Amendment) Act,1962

The Act provides the creation of Nagalandas the Sixteenth State of the Union. TheAmendment provides also for the vesting ofcertain special responsibilities in the Governorof Nagaland.

The Constitution (Fourteenth Amendment) Act,1962

The amendment provides for theincorporation of the former FrenchEstablishments in India, under the namePondicherry, as an integral part of the territoryof the Indian Union. It also amended Article 31to increase, from a maximum 20 to 25, thenumber of seats assigned in the Lok Sabha forthe Union Territories.

The Constitution (Fifteenth Amendment) Act,1963

The amendment raised the retirement age ofHigh Court Judges from 60 to 62 years. It alsoempowered the various High Courts to hearcases against the Union Government.

The Constitution (Sixteenth Amendment) Act,1963

The Act seeks to enable Parliament to makelaws provident penalty for any personquestioning the sovereignty and integrity ofIndia. Under the provisions of the thisAmendment, a person shall not be qualified tobe chosen to fill a seat in Parliament or in theLegislature of State unless, inter-alia, he makersor subscribes before a person authorised by theElection Commission an oath or affirmation thathe will bear true faith and allegiance to the

Constitution and will uphold the sovereigntyand integrity of India.

The Constitution (Seventeenth Amendment)Act, 1964

The Act amended the definition of the term‘estate’ in Article 31A to include lands held under'Ryotwari settlement' and also other lands inrespect of which provisions are normally madein land reform enactments. It also amended theNinth Schedule of the Constitution to includetherein 44 State enactments related to landreforms in order to remove any uncertainty ordobut that may arise with regard to theirvalidity.

The Constitution (Eighteenth Amendment) Act,1966

The amendment provides for the creation ofnew States, namely, Punjab and Haryana as aresult of the reorganisation of the former Stateof Punjab and the Union Territory of HimachalPradesh.

The Constitution (Nineteenth Amendment) Act,1966

The Act modified Article 324 so as toterminate the jurisdiction of Election Tribunalsto decide election disputes. The Amendmentwithdrew from the Election Commission thepower of setting up Election Tribunals.

The Constitution (Twentieth Amendment) Act,1966

The Act inserted a new Article 233Aimmediately after Article 233 in order to validatethe appointment of District Judges, which mightnot have conformed fully to the differentConstitutional requirements, which were inexistent prior to 1966.

The Constitution (Twenty-first Amendment)Act, 1967

It amended the Eighth Schedule to theConstitution by including ‘Sindhi’therein.

The Constitution (Twenty-second Amendment)Act, 1969

The amendment conferred legislative poweron Parliament for the purpose of creating anautonomous Hill State within the State of Assam.Accordingly, Parliament passed the Assam


Reorganization (Meghalaya) Act, 1969 to set upthe State of Meghalaya within the State ofAssam.

The Constitution (Twenty-third Amendment)Act, 1969

It deals with the questions of reservation ofseat in Parliament and State Assemblies forScheduled Castes, Scheduled Tribes and Anglo-Indian and further extend the period ofreservation by another ten years, which meansin effect thirty years from the commencement ofthe Constitution.

The Constitution (Twenty-fourth Amendment)Act, 1971

It amended Article 13 and 368 with a viewto removing all possible doubts regarding thepower of Parliament to amend the Constitutionand procedure thereof. It gets over the GolakNath ruling and asserts the power of Parliament,denied to in the Golak Nath, to amendFundamental Rights.

The Constitution (Twenty-fifth) AmendmentAct, 1971

The 25th amendment of the Constitution in1971 added a new clause, Article 31C to theConstitution. Upto 1971, the position was thatFundamental Rights prevailed over the DirectivePrinciples of State Policy and that a law enactedto implement a Directive Principle could not bevalid if it conflicted with a Fundamental Right.Article 31C sought to change this relationshipto some extent by conferring primacy on Articles39(b) and 39(c) over Articles 14, 19 and 31.

The Constitution (Twenty-sixth Amendment)Act, 1971

It abolished Articles 291 and 362 of theConstitution and also inserted a new Article362A after Article 363. the cumulative effect ofthese changes was the end of the recognitiongranted to the former rulers of Indian States andthe abolition of Privy Purses.

The Constitution (Twenty-seventhAmendment) Act, 1971

The Act was enacted to implement thedecision to establish the Union Territory ofMizoram. It empowered Parliament to create alegislature and Council of Minister for the newterritory.

The Constitution (Twenty-eight Amendment)Act, 1972

The amendment deleted Article 314 of theConstitution, which had given protection to theI.C.S. Officers, condition of service and privilegesand inserted a new Article 312A.

The Constitution (Twenty-ninth Amendment)Act, 1972

By the twenty-ninth Amendment Act, 1972two Kerala Acts dealing with land reforms wereincluded in the 9th Schedule to the Constitution.

The Constitution (Thirtieth Amendment) Act,1972

By this amendment, Article 133 was recastso as to redefine the Civil Appellate Jurisdictionof the Supreme Court. The result of thisAmendment is that while any case involving animportant question of law can reach the SupremeCourt by way of appeal, a case however largethe amount involved therein but involving nosubstantial point of law, would fail to reach theSupreme Court.

The Constitution (Thirty-first Amendment) Act,1973

By this amendment, the strength of the LokSabha was increased from 525 to 545 members.This was done to accommodate the increase inpopulation as revealed by the 1971 Census.Accordingly, Article 81(i)(a) was suitablyamended.

The Constitution (Thirty-second Amendment)Act, 1973

The amendment Act was enacted to makefew special provisions for the State of AndhraPradash to satisfy the aspirations of the peopleof the Telangana region.

The Constitution (Thirty-third Amendment)Act, 1974

It amended Articles 101 and 190. Before thisAmendment, the resignation of a member oflegislature became effective the moment it wastendered. This position is now changed. Aresignation becomes effective only after it hasbeen accepted by the Presiding Officer of theHouse concerned who may refuse to accept thesame if he is satisfied that the resignation is notvoluntary or genuine. This precautionary


provision appeared to be necessary to avoid themembers of Parliament or state legislatures beingforced to resign.

The Constitution (Thirty-fourth Amendment)Act, 1974

By this amendment twenty State Actsconcerning land ceiling and land tenure reformswere added to the Ninth Schedule to theConstitution.

The Constitution (Thirty-fifth and Thirty-sixthAmendment) Acts, 1974-1975

The 35th Amendment Act introduced aninnovation in the Indian Constitution byconferring on Sikkim the status of an associatein the Indian Union. This was however, a short-lined experiment. The people of Sikkim desiredto be and integral part of India. Accordingly, theConstitution Thirty-sixth Amendment Act wasenacted in 1975 to confer full-fledged statehoodon Sikkim.

The Constitution (Thirty-seventh Amendment)Act, 1975

The Amendment upgraded the status ofArunachal Pradesh as a Union Territory. Articles239A and 240 were amended so as to authorizeParliament to create for Arunachal Pradesh aLegislature and Council of Ministers.

The Constitution (Thirty-eight Amendment)Act, 1975

This Amendment Act was enacted duringthe emergency to make certain modification inthe emergency provisions. The Presidential‘satisfaction’ to issue a proclamation wasdeclared to be final and conclusive. Aclassificatory clause was added to Article 356(1)so as to make Presidential ‘satisfaction’ to issuea proclamation there under as ‘final andconclusive’ which shall not be questioned in anycourt on any ground.

This Amendment also declared that the‘satisfaction’ of the President and a StateGovernor to issue ordinances would be ‘final andconclusive’ and shall not be questioned in anycourt on any ground’.

The Constitution (Thirty-ninth) Amendment)Act, 1975

The voiding of the election to the Lok Sabhaof PM Indira Gandhi by the Allahabad High

Court in 1975 on the petition of Raj Narain ledto the enactment of the 39th Amendment Act,1975. It introduced changes in the methoddeciding election disputes relating to the fourhigh officials of the state, viz. President, Vice-President, Prime Minister and the Speaker.Under the new Article 71(2), Parliament by thelaw was to establish some ‘authority’ or ‘body’for deciding such disputes, and its decisions shallnot be in question any court.

The Constitution (Fortieth Amendment) Act,1976

The Amendment Act extended immunity to64 Central and State statues by including themin the IX Schedule. These statues pertained tolad reform, Urban Ceiling and prevention ofpublication of objectionable matter.

The Constitution (Forty-first Amendment) Act,1976

The Constitution (Forty-first AmendmentAct), 1976 raised the age of retirement of thechairman and members of State Public ServiceCommissions from 60 to 62.

The Constitution (Forty-second Amendment)Act, 1976

The 42nd Constitutional Amendment Actbrought a number of changes in theConstitution. The Act inter-alia gavepreponderance to the Directive Principles of StatePolicy over the Fundamental Rights. Establishedthe supremacy of Parliament and curtailed thepowers of Judiciary. The Act was first of its kind.Is was the most comprehensive Act and touchedalmost all the sensitive areas of the Constitution.The Amendment was meant to enhanceenormously the strength of the Government.

The major Amendments made in the

Constitution by the 42nd Amendment Act are:

Preamble

The characterization of India as ‘SovereignDemocratic Republic’ has been changed to‘Sovereign Socialist Secular DemocraticRepublic’. The words ‘Unity of the nation’ havebeen changed to ‘Unity and integrity of thenation’.

Parliament and State Legislatures : The lifeof the Lok Sabha and State Legislative Assemblieswas extended from 5 to 6 years.


Executive : It amended Article 74 to Stateexplicitly that the President shall act inaccordance with the advice of the Council ofMinisters in discharge of his functions.

Judiciary: The 42nd Amendment Actinserted Article 32A in order to deny theSupreme Court the power to consider theConstitutional validity of a State law. Anothernew provision, Article 131A, gave the SupremeCourt an exclusive jurisdiction to determinequestion relating to the Constitutional validityof a central laws.

Article 144A and Article 128A, the creaturesof Constitutional Amendment Act made furtherinnovation in the area of judicial review of theConstitutionality of legislation. Under Article144A, the minimum number of judges of theSupreme Court to decide a question of aConstitutional validity of a Central or State lawwas fixed as at least seven and further, thisrequired two-thirds majority of the judges sittingdeclare law as unconstitutional. While the powerof the High Court to enforce Fundamental Rightsremained untouched, several restrictions wereimposed on its power to issue writs ‘for any otherpurpose’.

Federalism: The Act added Article 257A inthe Constitution to enable the Centre to deployany armed force of the Union, or any other forceunder its control. For dealing with any gravesituation of law and order in any State.

Fundamental Rights and DirectivePrinciples: A major change that was made by42nd Constitutional Amendment was to giveprimacy to all Directive Principles over theFundamental Rights contained in Articles 14, 19or 31. the 42nd Constitutional Amendmentadded a few more Directive Principles - free legalaid, participation of workers in management ofindustries, protection for environment andprotection of forests and wildlife of the country.

Fundamental Duties : The 42nd AmendmentAct inserted Article 51-A to create a new partcalled IV-A in the Constitution, which prescribedthe Fundamental Duties to the citizens.

Emergency : Prior to 42nd Amendment Act,the President could declare emergency underArticle 352 throughout the country and not in apart of the country alone. The Act authorised

the President to proclaim Emergency in any partof the country.

The dominant thrust of the Amendment wasto reduce the role of courts, particularly, that ofthe High Courts. It also sought to strengthenParliament in various ways which in effect,added to the power of the Central Government,It drew enormous criticism particularly for it waspushed through during Emergency.

The Constitution (Forty-third Amendment) Act,1977

In 1977, the Emergency came to an end andthe Janata Party came into power. It made anelection pledge that it would repeal the 42ndAmendment and restore the status quo ante. The43rd Amendment repealed some of theprovisions of the 42nd Amendment. Article 31Dhas also been omitted.

The Constitution (Fourty-fourth Amendment)Act, 1978

The 44th Amendment passed in 1978 undidmost of the distortions introduced into theConstitution by the 42nd Amendment of theConstitution. The salient features of theAmendment Act are as follows :

• It reduced the life of Lok Sabha andState Legislative Assemblies again to five yearsand thus restored the status quo ante.

• It cancelled 39th Amendment whichhad deprived the Supreme Court of itsjurisdiction to decide disputes concerningelection of the President and the Vice-President.

• A new provision was added to Article74(1) saying that the President could requirethe council of ministers to reconsider its adviceto him, either generally or otherwise and thePresident should Act in accordance with theadvice tendered after such re-consideration.

Article 257A was Omitted

• It has been provided that an Emergencycan be proclaimed only on the basis of writtenadvice tendered to the President by the Cabinet.

• Right to Property has been taken outfrom the list of Fundamental Rights and hasbeen declared a legal right.


The Constitution (Forty-fifth Amendment) Act,1980

The purpose of the Amendment was tocontinue reservation of seats for Scheduled Castesand Scheduled Tribes in the Lok Sabha and theState Assemblies for another 10 years, i.e., upto1990. The same concession is extended to theAnglo-Indians who may have representation bynomination in these chambers.

The Constitution (Forty-sixth Amendment) Act,1982

The Forty-sixth Amendment enables the StateGovernments to plug loopholes and realise sales-tax dues on the one hand and on the other aimsat bringing about some uniformity in tax ratesin case of certain items.

The Constitution (Forty-seventh Amendment)Act, 1984

This Amendment adds 14 State Acts dealingwith land to the IXth Schedule.

The Constitution (Forty-eight Amendment) Act,1984

The purpose of the Amendment was toextend President’s rule in Punjab for two years.Under Article 356(5) President’s rule can last ina State for a maximum period of one year. Butthe conditions in Punjab did not permit holdingof fresh elections and accordingly, extension ofPresident’s rule became imperative.

The Constitution (Forty-ninth Amendment) Act,1984

The purpose of this Amendment is to takeout the Tribal areas of Tripura from Schedule Vand put them in Schedule VI.

The Constitution (Fiftieth Amendment) Act,1984

This Amendment substitutes an expoundedArticle 33 for the old Article by the new Article33, where Parliament is authorised to curtail theFundamental Rights of the members of the armedforces, forces charged with the maintenance ofpublic order, intelligence organisations ortelecommunication systems set up for any forceor Intelligence Bureau, with a view to ensure theproper discharge of duties by and maintenanceof discipline among those persons in the interestof country’s security.

The Constitution (Fifty-first Amendment) Act,1984

The Amendment effectuates some changesin Articles 330 and 332 with a view to providefor reservation of seats in the Lok Sabha forScheduled Tribes in Meghalaya, AruncahalPradesh and Mizoram, as well as in theLegislative Assemblies of Nagaland andMeghalaya.

The Constitution (Fifty-second Amendment)Act, 1985

The amendment is designed to prevent thescourge of defection of Members of Parliamentand State Legislatures from one political partyto another.

The Constitution (Fifty-third Amendment) Act,1986

The amendment Act elevated the UnionTerritory of Mizoram to the status of a State.

The Constitution (Fifty-fourth Amendment)Act,1986

The Salaries of the Judges of the SupremeCourt and the High Courts have been enhancedby the 54th Amendment Act, 1986. Accordingly,a Judge of the Supreme Court gets a salary ofRs. 9,000 per mensem and the salary of the ChiefJustice is Rs. 10,000 per mensem. A Judge of theHigh Court gets a salary of Rs. 8,000 per mensemand the salary of the Chief Justice of the HighCourts is Rs. 9,000 per mensem.

The Constitution (Fifty-fifth Amendment) Act,1986

The Union Territory of Arunchal Pradeshwas elevated to the status of a State by the 55thAmendment Act.

The Constitution (Fifty-sixth Amendment) Act,1987

Constitution (56th Amendment) Act, 1987inserted Article 394A, to make the Hindi text ofthe Constitution authoritative.

The Constitution (Fifty-seventh Amendment)Act, 1987

The Constitution (57th Amendment) Act,1987 with the Goa, Daman and DiuReorganisation Act, 1987 lifted Goa from thestatus of Union Territory to that of the 25th Stateof the Union of India.


The Constitution (Fifty-eighth Amendment)Act, 1987

The Amendment Act provides thereservation of seats for tribals in the LegislativeAssemblies of Arunchal Pradesh, Meghalaya,Mizoram and Nagaland.

The Constitution (Fifty-ninth Amendment) Act,1988

The Act empowered the Government toimpose Emergency in Punjab on the grounds thatIndia’s integrity was threatened by internaldisturbances.

The Constitution (Sixtieth Amendment) Act,1988

The Amendment Act authorise StateGovernments to increase the ceiling onprofessional tax from Rs. 250 to Rs. 2,500 perperson per annum.

The Constitution (Sixty-first Amendment) Act,1988

The 61st Amendment reduces the voting agefrom 21 years to 18 years for the Lok Sabha andAssembly election.

The Constitution (Sixty-second Amendment)Act, 1990

The 62nd Amendment Act extends by 10years the reservation of seats for the ScheduledCastes and Scheduled Tribes in the Lok Sabhaand State Assemblies as well as nominationrepresentatives of the Anglo-Indian community.

The Constitution (Sixty-third Amendment) Act,1990

The Amendment Act repealed the 59thConstitutional Amendment which empoweredthe Government to impose Emergency in Punjab.

The Constitution (Sixty-fourth Amendment)Act, 1990

The Amendment Act was to extendPresident’s rule in Punjab for further sixmonths.

The Constitution (Sixty-fifth Amendment) Act,1990

Article 338 of the Constitution has beenamended for the Constitution of a NationalCommission for Scheduled Castes andScheduled Tribes consisting of a chairperson,

vice-chairperson and five other members whoshall be appointed by the President by warrantunder his hand and seal.

The Constitution (Sixty-Eight Amendment) Act,1990

The Act protects fifty-five State Acts relatingto land reforms and ceiling on agricultural landholdings, enacted by States of Andhra Pradesh,Karnataka, Kerala, Madhya Pradesh, WestBengal and Union Territory of Pondicherry, fromchallenge in courts, by including them in theNinth Schedule to the Constitution.

The Constitution (Sixty-seventh Amendment)Act, 1991

The Amendment Act was to extendPresident’s rule in Punjab for further six monthsi.e., upto May 10,1991.

The Constitution (Sixty-eight Amendment) Act,1991

The Amendment Act was to extendPresident’s Rule in Punjab for further six monthsafter May 1991.

The Constitution (Sixty-ninth Amendment) Act,1991

The Amendment Act was to grant Statehoodto Delhi as ‘National Capital Territory of Delhi’.It also provides a 70 member assembly and a 7member Council of Ministers for Delhi.

The Constitution (Seventy Amendment) Act,1992

It facilitates for members of Delhi andPondicherry Assemblies to participate in theelection of the President.

The Constitution (Seventy-first Amendment)Act, 1992

The amendment facilitates for the inclusionof Nepali, Manipuri and Konkani in the EighthSchedule of the Constitution. With the inclusionof these three languages, the number oflanguages in the Eight Schedule goes up to 18.

The Constitution (Seventy-secondAmendment) Act, 1992

For restoring peace and harmony in the areasof the State of Tripura where disturbedconditions prevailed, Memorandum ofSettlement was signed by the Government of


India with Tripura National Volunteers onAugust 12,1988.

In order to implement the saidMemorandum, Article 332 of the Constitution(Seventy-second Amendment) Act, 1992 formaking a temporary provision for thedetermination of the number of seats reservedfor the Scheduled Tribes in the State Assemblyof Tripura, until the re adjustment of seats ismade on the basis of the first census after theyear 2000 under Article 170 of the Constitution.

The Constitution (Seventy-third Amendment)Act, 1992

The Seventy-third Constitutional AmendmentAct, 1992 was passed by the Parliament onDecember 22nd, 1992 which was notified by theCentral Government through Official Gazette onApril 20,1993 as it got rectification by the Statelegislatures and was assented to by the Presidentof India. After notification, the Panchayati RajInstitutions have now got Constitutionallegitimacy.

After part VIII of the Constitution, a separatepart IX has been added to the Constitution withthe addition in Article 243A and fresh Schedulecalled Eleventh Schedule enumerating thepowers and functions of Panchayti RajInstitutions. The Act provides for Gram Sabha,a three-tier model of Panchayati Raj, reservationof seats for SCs and STs in proportion to theirpopulation and one-third reservation of seats forwomen.

The Constitution (Seventy-fourth Amendment)Act, 1992

The Act provides constitutional status toUrban Local Bodies. After part VIII of theConstitution, a separate part IXA has been addedto the Constitution with the addition in Article243A and a fresh schedule called Twelfthschedule enumerating the powers and functionsof urban local bodies has been incorporated. TheAct provides Municipal Panchayat, MunicipalCouncil and Municipal Corporation, reservationof seats for SCs and STs in proportion to theirpopulation and one-third reservation of seats forwomen.

The Constitution (Seventy-fifth Amendment)Act, 1993

It has amended Article 323-B and added anew clause (h) providing for establishment of

tribunals for rent control cases.

The Constitution (Seventy-sixth Amendment)Act, 1994

This Amendment Act raises the reservationquota of government jobs and seats for admissionin the educational institutions in favour ofsocially and educationally backward classes to69 per cent in Tamil Nadu. Further, theAmendment Act has been included in the NinthSchedule of the Constitution to exempt it fromthe purview of judicial scrutiny.

The Constitution (Seventy-seventhAmendment) Act, 1995

This Amendment has added a new clause(4-a) to Article 16 of the Constitution whichempowers the State to make any provisions forreservation in promotions in Government jobsin favour of SCs and STs, if it is of opinion thatthey are inadequately represented in the servicesunder the State. This has been done to nullifythe effect of the Supreme Court Judgment in theMandal Commission Case (Indra Sawhney vs.Union of India) in which the Court has held thatreservation in promotions cannot be made.

The Constitution (Seventy-eighthAmendment) act 1995

This amended the Ninth schedule of theConstitution and inserted 27 Land Reform Actof Various States in the Ninth Schedule. Afterthis the total number of Act included in the NinthSchedule has gone upto 284. Now these Actscannot be challenged in the courts on the pleafor the violation of Fundamental Rights.

The Constitution (Seventy-ninth Amendment)Act, 1999

By this Act, the Government has extendedthe reservation of seats for the Scheduled Castesand the Scheduled Tribes as well as for theAnglo-Indians in the House of the People and inthe Legislative Assemblies of the States foranother ten years.

The Constitution (Eightieth Amendment) Act,2000

Based on the recommendations of the TenthFinance Commission, an alternative scheme forsharing taxes between the Union and the Statehas been enacted by the Constitution (EightiethAmendment) Act, 2000. Under the new schemeof devolution of revenue between Union and the


States, 26 per cent out of gross proceeds of Uniontaxes and duties is to be assigned to the States inlieu of their existing share in the income-tax,excise duties special excise duties and grants inlieu of tax on railway passenger fares.

The Constitution (Eighty-first Amendment) Act,2000

By this amendment the unfilled vacancies ofa year which reserved for the Scheduled Castesand the Scheduled Tribes for being filled up inthat year in accordance with any provision ofreservations made under Article 16 of theConstitution shall be considered as a separateclass of vacancies to be filled up in anysucceeding year or years, and such class ofvacancies shall not be considered together withthe vacancies of the year in which they were filledup for determining the ceiling of fifty per centreservation against total number of vacancies ofthat year.

The Constitution (Eighty-second Amendment)Act, 2000

The amendment provides that nothing inArticle 335 shall prevent the State from makingany provisions in favour of the members of theScheduled Castes and the Scheduled Tribes forrelaxation in qualifying marks in anyexamination or lowering the standards ofevaluation for reservation in matters ofpromotion to any class or classes of services orposts in connection with affairs of the Union orof a State.

The Constitution (Eighth-third Amendment)Act, 2000

The Act amended Article 243M of theConstitution to provide that no reservation inPanchayats need be made in favour of theScheduled Castes in Arunachal Pradesh whollyinhabited by tribal population.

The Constitution (Eighty-fourth Amendment)Act, 2001

The Act amended provisions to Article 82and 170(3) of the Constitution to readjust andrationalise the territorial constituencies in theStates, without altering the number of seatsallotted to each State in the House of People andLegislative Assemblies of the States, includingthe Scheduled Castes and Scheduled TribesConstituencies, on the basis of the populationascertained at the census for the year 1991 so as

to remove the imbalance caused due to unevengrowth of population/electorate in differentconstituencies.

The Constitution (Eighty-fifth Amendment) Act,2001

This Act amended Article 16 (4A) of theConstitution to provide for consequentialseniority in the case of promotion by virtue ofrule of reservation for Government servantsbelonging to the Scheduled Castes and theScheduled Tribes.

The Constitution (Eighty-sixth Amendment)Act, 2002

With a view to making right to free andcompulsory education a fundamental right, theAct inserts a new Article, namely, Article 21Aconferring on all children in the age group of 6to 14 years the right to free and compulsoryeducation. The Act amends in Part-III, Part –IVand Part-IV(A) of the Constitution.

The Constitution (Eighty-seventhAmendment) Act, 2003

The Amendment provides for readjustmentof electoral constituencies, including thosereserved for the Scheduled Castes and theScheduled Tribes, based on the populationcensus for the year 2001, without affecting thenumber of seats allocated to States in thelegislative bodies.

The Constitution (Eighty-Eighth Amendment)Act, 2003

The Act amends Article 268, 270 and VIIthSchedule of the Constitution. It adds 92C justafter 92B and makes provisions for Tax onServices.

The Constitution (Eighty- ninth Amendment)Act, 2003

The Act adds Article 338A and provides forthe creation of National Commission forScheduled Tribes.

The Constitution (Ninetieth Amendment) Act,2003

The Act amends Article 332 and adds section(6) regarding representation in the BodoTerritorial Areas District in the State of Assam.

The Constitution (Ninety-one Amendment) Act,2003


The Act makes provisions for limiting the sizeof the Council of Ministers at the Center and inthe States and gives teeth to debar a defectorfrom holding any remunerative political post forthe remaining tenure of the legislature unless re-elected.

The Constitution (Ninety- two Amendment) Act,2003

The Amendment facilitates for the inclusionof Bodo, Dogari, Maithili and Santhali in theVIIIth Schedule of the Constitution. With theinclusion of these four languages, the number oflanguages in the VIIIth Schedule goes upto 22.

The Constitution (Ninety- third Amendment)Act, 2005

Providing reservation for the socially andeducationally backward classes, besides theSchedules Castes and the Scheduled Tribes, inprivate unaided educational institutions.

The Constitution (Ninety-fourth Amendment)Act, 2006

The Constitution provides that there shall beMinister in charge of tribal welfare who may inaddition be in charge of the welfare of theScheduled Casts and backward classes or anyother work in the State of Bihar, Madhya Pradeshand Orissa.

The Constitution (Ninety-fifth Amendment) Act,2010

The amendment aims to extend thereservation of seats for SCs and STs in the LokSabha and States, assemblies from Sixty years toSeventy years.

The Constitution (Ninety-sixth Amendment)Act, 2011

It has substituted "Odia" for "Oriya".

The Constitution (Ninety-seventh Amendment)Act 2012

Added the words "or co-operative societies"after the word "or unions" in Article 19(l)(c) andinsertion of Article 43B i.e., Promotion of Co-operative Societies and added Part-IXB i.e., TheCo-operative Societies.

The objective of amendment is to encourageeconomic activities of cooperatives which in turnhelp progress of rural India. It is expected to notonly ensure autonomous and democraticfunctioning of cooperatives, but also theaccountability of the management to themembers and other stakeholders.

The Constitution (Ninety-eighth Amendment)Act, 2013

To empower the Governor of Karnataka totake steps to develop the Hyderabad-KarnatakaRegion.

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