The
Indian Constitution is the world's biggest constitution. The highest rule of
law in India is the Constitution. The text establishes the foundation for the
delineation of essential political codes, structure, processes, powers, and
responsibilities of government institutions, as well as fundamental rights,
rules, and citizens' obligations.
B.R.
Ambedkar, the head of the drafting committee, is widely recognized as the
principal architect. The Constitution states India to be a sovereign,
socialist, secular, democratic republic that seeks to foster brotherhood while
safeguarding justice, equality, and freedom for its inhabitants.
The
original 1950 Constitution is kept in helium-filled storage at the Parliament
House in New Delhi. The words 'secular' and 'socialist' were inserted to the
preamble during the Emergency in 1976. It was approved by the Indian
Constituent Assembly on November 26, 1949, and went into force on January 26,
1950.
Article
368 of the Indian constitution states that the government has the authority to
change the constitution. There are two kinds of amending procedures: rigid and
flexible. It is extremely difficult for the people to modify the constitution
under the inflexible system. The constitutions of the United States, Canada,
and Australia are then read. The Flexible process, on the other hand, is where
the constitution may be amended.
The
Indian Constitution is both stiff and flexible, meaning that it is difficult to
modify yet virtually adaptable. In accordance with Article 368 of the Indian
Constitution, a provision must be proposed in any of the houses and must later
be passed by a large majority or a simple majority. If the resolution is
approved by a vote, it will be delivered to the president for his signature. The
constitution has been revised 104 times in the 70 years since Indian
independence. It began with 395 articles and 8 schedules and has now grown to
over 450 articles and 12 schedules as a result of 104 changes.
Amendment of Indian Constitution
Article 368
The Indian Parliament has the
authority to change the Indian Constitution and its processes under Article 368
of the Indian Constitution. Amendments to the Indian Constitution are difficult
to draught and must be consistent with previous clauses. Article 368 empowers
Parliament to change the Constitution while maintaining its core structure. Article
368 of the Indian Constitution specifies two sorts of modifications to the
Indian Constitution. The first sort of change is by a simple legislative
majority (Lok Sabha and Rajya Sabha), the second by a special parliamentary
majority, and the third by a special majority and half of the whole state.
Reason for Amendment Procedure by
Article 368
Time is not static; it is always
changing. The Constitution should be amended. People's social, cultural, and
political circumstances are beginning to change. We would be unable to face
future challenges if constitutional amendments were not adopted, and this would
constitute a roadblock in the path of growth. There's a reason why our founding
fathers built the constitution as strong as it is today. Its purpose is to
guarantee that plans evolve in tandem with the country's progress. As a result,
under Article 368, Parliament's rights to alter the constitution are infinite
in terms of the portions of the constitution that it desires to amend.
The Indian Constitution’s
Fundamental Structure
The Supreme Court held in the Kesavanand Bharati case of 1973 that the
Parliament could not amend certain elements that comprise the core
constitutional structure. Constitutional ideas that are necessary for
constitutional existence examples include free and fair elections, the federal
nature of the country, judicial review, and power separation. It states that
the Constitution is built on some fundamental legislative frameworks and
founding ideals. Nobody can get their hands on these.
Major Amendments in the
Constitution
First Amendment, 1951
1.
The Constitution
(First Amendment) Act of 1951 gave the state the authority to establish
specific provisions to help the socially and economically disadvantaged
classes.
2.
Savings law that
allows for the acquisition of estates, for example.
3.
The Ninth
Schedule was added to insulate the land reforms and other measures included in
it from judicial scrutiny. Articles 31A and 31B were inserted following Article
31.
4.
Three new
grounds for regulating freedom of expression have been added: public order,
cordial relations with foreign nations, and incitement to an offence. It also
rendered the restrictions 'reasonable,' and hence, by definition, justifiable.
5.
Freedom of
expression, holding of Zamindari estate, State trade monopoly, and other issues
were raised in the lawsuits. These laws violate property rights, free
expression, and equality under the law.
The Constitution (7th
Amendment), 1956
1.
The schedules
for the second and seventh weeks have been altered.
2.
The present
state division into four divisions (i.e., Part A, Part B, Part C, and Part D
states) was repealed and reformed into 14 states and six federal territories.
3.
Union
territories were granted high court jurisdiction.
4.
It was provided
for two or more states to form a common high court.
5.
If extra and
acting High Court justices are appointed.
6.
Implementing the
recommendations of the State Reorganization Committee and the State
Reorganization Act of 1956. State linguistic re – organization. Class A, B, C,
and D have been phased out.
The Constitution (9th
Amendment Act), 1960
1.
Facilitated the
cession of the Berubari Union Indian territories (located in West Bengal) to
Pakistan, as stipulated in the Indo-Pakistan Agreement (1958). The
constitution's Schedule 1 was changed.
2.
Adjustments to
Indian Territory as a result of an agreement with Pakistan. Following this, the
Union submitted the subject to the Supreme Court, which decided that the
Parliament's authority to reduce the extent of a state (under Article 3) did
not encompass the cession of Indian territories to a foreign country. As a
result, Indian Territory may only be transferred to a foreign state by
modifying the Constitution in accordance with Article 368.
The Constitution (10th
Amendment Act), 1961
1.
As a result of
the purchase from Portugal, Dadra, Nagar, and Haveli were incorporated as Union
Territories.
2.
Article 240 of
the Constitution was changed.
The Constitution (11th
Amendment Act), 1961
1.
Changed the
mechanism for electing the Vice President by instituting an electoral college
rather than a combined parliamentary sitting of the two chambers.
2.
Provided,
however, that the election of the President or Vice President cannot be
disputed because of a vacancy in the relevant electoral college.
The Constitution (12th
Amendment Act), 1962
1.
The Indian Union
absorbed Goa, Daman, and Diu as Union Territories.
2.
Article 240 of
the Constitution was changed.
The Constitution (13th
Amendment Act), 1962
1.
Article 371A
provides for the formation of Nagaland State, with special protection.
2.
The
constitution's Article 170 was amended.
The Constitution (15th
Amendment Act), 1963
1.
Allows the High
Court to issue writs to any person or authority, even if the cause of action
falls beyond the jurisdiction of the court, if the cause of action arises
within its geographical borders.
2.
The retirement
age for high court judges has been raised from 60 to 62 years.
3.
As long as
retired high court judges are nominated to serve as acting judges on the same
court.
4.
The compensation
allowance for the transfer of judges from one High Court to another was
provided.
5.
Allowing the
retired High Court judge to serve as an ad hoc judge on the Supreme Court.
6.
The mechanism
for determining the age of Supreme Court and High Court justices was
established.
The Constitution (24th
Amendment Act), 1971
1.
Affirmed
Parliament's ability to modify every part of the Constitution, including
fundamental rights, by revising Articles 13 and 368.
2.
Made it
mandatory for the President to sign off on a Constitutional Amendment Bill.
3.
The
Twenty-fourth Constitutional Amendment Act was enacted in response to the
Supreme Court's Golaknath ruling (1967), which held that Parliament lacks the
ability to withdraw constitutional liberties by modifying the Constitution.
The Constitution (26th
Amendment Act), 1971
1.
The old rulers
of princely states' privy purses and privileges were abolished.
2.
Article 366 has
been amended. Article 363A was added, while Articles 291 and 362 were removed.
The Constitution (31st
Amendment Act), 1973
1.
The number of
Lok Sabha seats has been increased from 525 to 545.
2.
This was done as
a result of the country's growing population.
The Constitution (36th
Amendment Act), 1975
1.
Sikkim became
the 22nd state of Indian Union.
2.
The 10th
schedule was omitted.
The Constitution (37th
Amendment Act), 1975
1.
Parliament
passed it on April 26th, 1975, to make way for a legislative Assembly
and a Council of Ministers for Arunachal Pradesh, the North – westernmost Union
Territory of the country.
The Constitution (39th
Amendment Act), 1975
1.
The Lok Sabha
passed the Bill on August 7, 1975, and it received presidential assent on
August 9, 1975.
2.
The Act makes
the election of a Prime Minister or Speaker of Parliament, as well as the
election of the President and Vice-President, unassailable in court
3.
The Supreme
Court threw down Article 329A in the case of State of Uttar Pradesh v. Raj
Narain 1976 (2) SCR 347 for violating the basic structure.
The Constitution (40th
Amendment Act), 1976
1.
The Parliament
was given the authority to set the limits of the territorial seas, continental
shelf, Exclusive Economic Zone (EEZ), and India's maritime zones at any moment.
2.
The 9th Schedule
contains 64 additional Central and State laws, the most of which involve land
reform.
The Constitution (42nd
Amendment Act), 1976
Three
extra phrases (socialism, secularism, and integrity) were added to the
Preamble. Citizens have additional essential obligations (new part IV A). The
President was bound by the cabinet's advice. Tribunals with the exception of
administrative and other concerns (Added Part XIV A). Up to 2001, the Lok Sabha
and state legislatures were frozen on the basis of the 1971 census — Population
Management Mechanism. The constitutional amendments were adopted without
judicial scrutiny. The Supreme Court and other high courts had limited the
authority of judicial review and written jurisdiction. Increased the term of
the Lok Sabha and state legislatures from 5 years to 6 years.
The Constitution (43rd
Amendment Act), 1978
1.
This Act repeals
the heinous basic provisions law (42nd Amendment) passed under the Emergency. It
restores civil freedoms by repealing Article 31D, which granted Parliament the
authority to restrict even lawful trade union activities in the name of
anti-national activity prevention laws. The new legislation, which has been
ratified by more than half of the states in conformity with the Constitution,
also returns legislative powers to the states to establish suitable provisions
for anti-national acts that are consistent with basic rights. The legislation
also re-established the judiciary in its proper role.
2.
The Supreme
Court will now have the authority to overturn state legislation, which the 42nd
Amendment Act removes. The High Courts would now be allowed to decide the
statutory legality of Central Legislation compelling persons living in remote
places to obtain speedy justice without having to go to the Supreme Court.
The Constitution (44th
Amendment Act), 1978
1.
Concerning the
national emergency, the word 'internal disturbance' has been replaced by the
term 'armed rebellion.'
2.
Has required the
President to declare a national emergency only on the written proposal of the
cabinet.
3.
Has enacted
certain constitutional protections for a national emergency and the rule of
law.
4.
The right to
property was removed from the Fundamental Rights register and established a
legal right instead.
5.
Provided, however,
that the basic rights protected by Articles 20 and 21 cannot be suspended
during a national emergency.
6.
The original
tenure of the Lok Sabha and state legislatures (five years) has been
reinstated.
7.
Restored the
quorum norms in Parliament and state legislatures.
8.
The reference to
the British House of Commons was removed from the parliamentary privileges
clauses.
9.
The publication
of honest accounts of legislative trials and state assemblies in a periodical
was granted basic immunity.
10. The President was permitted to return the cabinet's
suggestions for reconsideration once. The reconsidered opinion, on the other
hand, will be binding on the President.
The Constitution (52nd
Amendment Act), 1985
1.
Provided
for disqualification on the ground of defection of parliamentary members and
state legislatures, and added a new Tenth Schedule containing the details in
this regard.
2.
The Act
made defection of another party unlawful after elections. Any member who
defects after elections to another party will be disqualified from being a
member of parliament or a legislature of the state.
The Constitution (58th
Amendment Act), 1987
1.
Provided for an authorized
text of the Constitution in Hindi and granted the Hindi version of the
Constitution the same legal legitimacy as the English version.
2.
This requires
particular arrangements for reserving seats for Scheduled Tribes in the states
of Arunachal Pradesh, Nagaland, Mizoram, and Meghalaya. The seating alteration
was put on hold until 2000 A.D. when Article 322 was amended.
The Constitution (61st
Amendment Act), 1989
1.
The voting age
for Lok Sabha and state legislative assembly elections has been reduced from 21
to 18 years.
2.
That was
characterized by then-Prime Minister Rajiv Gandhi as an indication of the
government's complete trust in the country's young. Because the kids are
educated and intelligent, decreasing the voting age will allow the nation's
unrepresented youth to express their emotions and maybe get involved in the
political process.
The Constitution (62nd
Amendment Act), 1989
1.
It asked for the
prolongation for another 10 years of reserve of seats in Parliament and state
legislatures for Scheduled Castes and Tribes, as well as reservation for
election for the Anglo Indian community.
The Constitution (65th
Amendment Act), 1990
1.
Article 338 of
the Constitution has been changed to create a National Commission for Scheduled
Castes and Scheduled Tribes comprised of a Chairperson, a Vice-Chairperson, and
five additional members nominated by warrant under the supervision and seal of
the Chairperson.
The Constitution (69th
Amendment Act), 1991
1.
The purpose of
the Act of Parliament was to grant Delhi statehood as the "Delhi National
Capital Territory." This also proposes for a 70-member assembly and a
7-member ministerial council in Delhi.
The Constitution (71st
Amendment Act), 1992
1.
The amendment
allows Nepali, Manipuri, and Konkani to be included to the Constitution's
Eighth Schedule. With the addition of these three languages, the number of
languages in the Eighth Schedule rises to 18.
The Constitution (73rd
Amendment Act), 1992
1.
The Parliament
enacted the Seventy-third Constitutional Amendment Act, 1992, on 22 December
1992, and it was notified by the Central Government via the Official Gazette on
20 April 1993, when it was rectified by the lawmakers of the State and authorized
by the President of India. The institutions of Panchayati Raj now have
constitutional legitimacy.
2.
Because of Part
VIII of the with the introduction of the responsibilities and duties of
Panchayati Raj Institutions in Article 243A and the new schedule known as the
Eleventh Schedule, a new section IX was introduced to the Constitution. The Act
establishes Gram Sabha, a three-tier Panchayati Raj model, and the reservation
of seats for SCs and STs in proportion to their population, as well as the
reservation of one-third of seats for women.
The Constitution (76th
Amendment Act), 1994
This
Amendment Act raises the reservation ceiling for government employment and
admission seats in educational institutions in Tamil Nadu to 69% in favor of
socially and educationally disadvantaged groups. Furthermore, the Amendment Act
was inserted in the Constitution's Ninth Schedule to insulate it from judicial
examination.
The Constitution (77th
Amendment Act), 1995
This
amendment inserted a new section (4-a) to Article 16 of the Constitution,
allowing the state to adopt any reservation measures in favor of SCs and STs in
promotions in government employment if it believes they are underrepresented in
state services. This was done to neutralize the effect of the Supreme Court's
decision in the Mandal Commission case (Indra Sawhney vs. Union of India), in
which the Court ruled that quotas on promotions are not permissible.
The Constitution (80th
Amendment Act), 2000
Based
on the suggestions of the Tenth Finance Committee, the Constitution (Eightieth
Amendment) Act of 2000 created an alternate plan for the division of taxes
between the Union and the Province. Under the existing income-sharing agreement
between the Union and the states, 26 percent of total Federal tax and duty
revenues are to be paid to the states in lieu of their current amount of income
tax, excise duty, special excise duties, and exemptions from taxes on rail
passenger fares.
The Constitution (81st
Amendment Act), 2000
The
unfilled vacancies of one year reserved for the Scheduled Castes and Scheduled
Tribes in accordance with the clause of Reservations made pursuant to Article
16 of the Constitution shall be regarded as a distinct class of vacancies to be
filled in every subsequent year or year, and these class of vacancies shall not
be counted in accordance with the vacancies of the year in which they were
filled to determine the limit of a quota of fifty pence.
The Constitution (84th
Amendment Act), 2001
The
Act amended Articles 82 and 170(3) of the Constitution to readjust and
rationalize the geographical constituencies of the States without changing the
number of seats allotted to each State in the House of People and Parliamentary
Assemblies of States, including Scheduled Castes and Scheduled Tribes
Constituencies, on a population-based basis determined in the 1991 census, in
order to close the gap created by unequal population/electoral growth in
different constituencies.
The Constitution (86th
Amendment Act), 2002
1.
To make the
right to free and compulsory education a basic right, the Act inserts a new
Article, Article 21A, which grants the right to free and compulsory education
to all children aged 6 to 14 years. Parts III, IV, and V of the Constitution
are amended by the law (A).
2.
One of the most
significant developments was that, with government assistance, the government
required private schools to take 25% of their class size from socially
vulnerable or underprivileged classes in society through a random allocation
method. This step was done in order to provide everyone with a high-quality
education.
The Constitution (88th
Amendment Act), 2003
Service
tax collected and appropriated by the Union and States, levied by the Union.
The Acts amends Articles 268, 270 and VII
schedule.
The Constitution (92nd
Amendment Act), 2003
The
amendment advocates the inclusion languages Bodo, Dogri, Maithili, and Santhali
into the constitution's VIIIth Schedule. With the addition of these four
languages, the number of languages in the VIIIth Schedule increases to 22.
The Constitution (95th
Amendment Act), 2010
The
amendment proposes to raise the quota of seats in the Lok Sabha and state
legislatures for SCs and STs from 60 to 70 years.
The Constitution (96th
Amendment Act), 2011
Replaced
Odia for Oriya in Indian Constitution 8th Schedule.
The Constitution (97th
Amendment Act), 2012
Article
19(l)(c) was amended to include the words "or cooperative societies"
after the term "or unions," as well as the addition of Article 43B,
Promotion of cooperative societies, and Part-IXB, Co-operative societies. The
amendment's goal is to foster cooperative economic activities that would help
rural India prosper. It is necessary not just to preserve cooperatives'
independence and democracy, but also to keep management accountable to members
and other stakeholders.
The Constitution (99th
Amendment Act), 2014
It
called for the setting up of the National judicial Commission.
The Constitution (100th
Amendment Act), 2015
Other
enclave areas are being exchanged with Bangladesh. Citizenship rights are being
conferred to enclave inhabitants as a result of the signing of the Treaty of
Land Boundary Agreement (LBA) between India and Bangladesh.
The Constitution (101st
Amendment Act), 2016
1.
With the
enactment and subsequent notices of the 101st Constitution Amendment Act, 2016,
the Goods and Services Tax (GST) went into effect on September 8, 2016.
2.
Articles 246A,
269A, and 279A were incorporated into the constitution. The amendment permitted
modifications to the 7th cycle of the constitution. Previously, Union List
entry 84 included duties on cigarettes, alcoholic beverages, marijuana, Indian
hemp, medicines and pharmaceuticals, and medical and bathroom arrangements.
Following the modification, petroleum oil, high-speed gasoline, engine spirit
(petrol), natural gas, and air turbine power, cigarettes, and cigarettes items
should be mentioned.
3.
Entry 92 has
been eliminated (newspapers and advertisements placed in them); they are now
subject to GST. Entry 92-C (Service Tax) has been removed from the union list. Entry
52 (in-state sales tax) has been deleted from the State register.
4.
According to the
provisions of List I Entry 92-A, Taxes on the export or purchase of products
other than newspapers, have now been supplemented by Taxes on the sale of
petroleum oil, high-speed gasoline, motor spirit (petroleum), natural gas,
aviation turbine fuel, and alcoholic spirit for human consumption, but not
including the sale or distribution in the form of inter-State commerce or
commerce Reference 55 (Taxes on Advertising).
The Constitution (102nd
Amendment Act), 2018
The
bill seeks to give the National Commission on Backward Classes legal standing.
It wants to establish a new Article 338B into the constitution that provides
for the NCBC, its mandate, composition, functions, and different offices.
Inserted a new Article 342-A authorizing the President to inform that
state/union territory's list of socially and educationally disadvantaged
classes.
The Constitution (103rd
Amendment Act), 2019
Articles
15 and 16 of the Constitution were amended. It provides for the advancement of
the economically disadvantaged segments of society. A considerable 10% of all
government posts and college seats will also have a quota for voters other than
the wealthy. This law is written with the intention of enforcing Article 46 of
the Indian Constitution, a Directive Principle that requires the government to
defend the educational and economic interests of the poorer parts of society.
The Constitution (104th
Amendment Act), 2020
This
increased seat quotas in the Lok Sabha for SCs and STs, as well as in state
legislatures.
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