Some Important Constitutional Amendment Acts

Some Important Constitutional Amendment Acts

1st Constitutional Amendment Act, 1951: This amendment added Article, 15(4) and Article, 19(6) and brought changes in the right to private property in pursuance with the decision of Supreme Court concerning fundamental rights. Ninth schedule to the Constitution was also added by it.

7th Constitutional Amendment Act, 1956: Through this amendment the implementation of State Reorganization Act, was made possible. The categorisation of States into Part A, Part B and Part C ceased henceforth. Part C states were redesignated as Union Territories. The seats in the Rajya Sabha and in the Union and State Legislatures were reallocated. It also effected changes regarding appointment of additional and acting judges, High Courts and their jurisdictions etc.

10thConstitutional Amendment Act, 1961: incorporated Dadra and Nagar Haveli as Union Territory.

12^thConstitutional Amendment Act, 1962: Inclusion of territories of Goa, Daman and Diu into the Indian Union.

13th Constitutional Amendment Act, 1962: Insertion of Art. 371 A to make special provisions for the administration of the State of Nagaland.

14th Constitutional Amendment Act, 1962: Pondicherry, Karaikal, Mahe and Yenam, the former French territories, were specified in the Constitution as the Union Territory of Pondicherry (now Puducherry). Enabled the UTs of Himachal Pradesh, Manipur, Tripura, Goa, Daman and Diu and Pondicherry to have Legislatures and Council of Ministers.

19^th Constitutional Amendment Act, 1966: Art. 324 was amended to clarify the duties of the Election Commission. It deprived the Election Commission of the power to appoint election tribunals for deciding election disputes of members of Parliament and State Legislatures.

21st Constitutional Amendment Act, 1967: Sindhi language was included as 15^thregional language in the Eighth Schedule.

24th Constitutional Amendment Act, 1971: It was a retaliatory act of the Parliament to neutralise the effect of the judgement in Golak Nath Case. It affirmed the parliament's power to amend any part of the Constitution, including Fundamental Rights by amending Arts. 368 and 13. It made obligatory for the President to give assent to Amendment Bills, when they are presented to him/her.

26^th Constitutional Amendment Act, 1971: This amendment withdrew the recognition to the rulers of Princely States and their privy purses were abolished.

36^th Constitutional Amendment Act, 1975: MadeSikkim a full fledged State of the Union of India.

38th Constitutional Amendment Act, 1975: Clarified that declaration of emergency by the President and promulgation of Ordinance by the President or Governor cannot be challenged in any Court on any ground.

39th Constitutional Amendment Act, 1975: The disputes or questions regarding elections of President, Vice-President, Prime Minister and Speaker of Lok Sabha were taken out of the purview of judicial review of the Supreme Court or High Courts.

42^nd Constitutional Amendment Act, 1976 (Mini Constitution): The 42nd Amendment made fundamental changes in the constitutional structure and it incorporated the words 'SOCIALIST', 'SECULAR' and 'INTEGRITY in the Preamble. Fundamental Duties were added in Part IV A. Directive Principles were given precedence over Fundamental Rights and any law made to this effect by the Parliament was kept beyond the scope of judicial review by the Court. It made the power of Parliament supreme so far as amendment to the Constitution was concerned. It authorised the Supreme Court to transfer certain cases from one High Court to another and redefined the writ jurisdiction of the High Courts. It provided for Administrative Tribunals for speedy justice. It empowered the Centre to deploy armed forces in any State to deal with the grave law and order situation. It authorised the President to make Proclamation of Emergency for any part of the country or to whole of India. It made it obligatory for the President to act on the advice of the Council of Ministers. Tenure of the Lok Sabha and the State Assemblies was increased by one year.

43^rdConstitutional Amendment Act, 1977 (w.ef. 13.04.1978): The 43rd Amendment omitted many articles inserted by 42nd Amendment. It restored the jurisdiction of the Supreme Court and the High Courts, which had been, curtailed under the 42nd Amendment.

44^thConstitutional Amendment Act, 1978 (w.e.f. June-September, 1979): The amendment was brought by the Janata Party Government which repealed some of the changes affected by 42nd Amendment, omitted a few and provided alterations. Right to property was taken away from the list of Fundamental Rights and placed in a new Art. 300A as an ordinary legal right. Constitutionality of the Proclamation of Emergency by the President could be questioned in a court on the ground of malafide (42^nd Amendment had made it immune from judicial review). It brought the revocation of a Proclamation under Parliamentary control. In Article 352 regarding National Emergency, the words 'internal disturbance' was substituted by the words 'armed rebellion'. It authorised the President to refer back the advice to the Council of Ministers for reconsideration, but made it binding for the President to act on the reconsidered advice. The power of the Courts to decide disputes regarding election of Prime Minister and Speaker was restored. Constitutional protection on publication of proceedings of Parliament and State Legislatures was provided.

52nd Constitutional Amendment Act, 1985: This amendment was brought about during Rajiv Gandhi regime with a view to put an end to political defections. It added Tenth Schedule to the Constitution containing the modes for disqualification in case of defection from the Parliament or State Legislature.

55th Constitutional Amendment Act, 1986 (w.e.f 20.02.1987): The formation of Arunachal Pradesh took place with special powers given to the Governor. It also provided for a 30-member State Assembly.

56^thConstitutional Amendment Act, 1987: Goa was made a full fledged State with a State Assembly but Daman and Diu stayed as UT.

58^thConstitutional Amendment Act, 1987: An authoritative text of the Constitution in Hindi was provided to the people of India by the President.

61^stConstitutional Amendment Act, 1988 (w.e.f. 28.03.1989): It brought about an amendment to Article 326 for the reduction of voting age from 21 to 18 years .

62^ndConstitutional Amendment Act, 1989: It increased the period of reservation of seats provided to the Scheduled Castes and Scheduled Tribes for another 10 years i.e. upto 2000 A.D. The reservation for Anglo-Indians through 'nation in case of their inadequate representation, was also extended upto 2000 A.D.

65^thConstitutional Amendment Act, 1990 (w.e.f. 12.03.1992): A National Commission for Scheduled Castes  and Scheduled Tribes with wide powers was provided to take care of the cause of SCs/STs.

69^th Constitutional Amendment Act, 1991 (w.e.f. .01.02.1992): Arts. 239-AA and 239-AB were inserted in the Constitution to provide a National Capital Territory Designation to Union Territory of Delhi with a legislative Assembly and Council of Ministers.

70^thConstitutional Amendment Act, 1992: Altered Art. 54 and 368 to include members of legislative assemblies of Union Territories of Delhi and Pondicherry in the electoral College for the election of the President.

71^stConstitutional Amendment Act, 1992: It included Manipuri, Konkani and Nepalese languages in the 8^th Schedule.

73^rd Constitutional Amendment Act, 1992 (w.e.f. 23/24.04.1993): The institution of Panchayati Raj received Constitutional guarantee, status and legitimacy. Xlth Schedule was added to deal with it. It also inserted part IX, containing Arts. 243, 243A to 243O.

74^thConstitutional Amendment Act, 1992 (w.e.f. 01.06.1993): Provided for constitutional sanctity to Municipalities by inserting Part IX-A, containing Arts. 243P to 243ZG and the Xllth Schedule which deals with the items concerning Municipalities.

78^thConstitutional Amendment Act, 1995: This amended the Ninth Schedule of the Constitution to insert 27 Land Reform Acts of various States. After this the total Number of Acts included in the Ninth Schedule went upto 284.

79^thConstitutional Amendment Act, 1999: Amended Art. 334 to extend the reservation of seats for SCs/STs and Anglo-Indians in the Lok Sabha and in the State Legislative Assemblies upto 60 years from the commencement of the Constitution (i.e., till 2010).

82^ndConstitutional Amendment Act, 2000: This amendment restored the relaxation in qualifying marks and standards of evaluation in both job reservation and promotions to Scheduled Castes and Scheduled Tribes which was set aside by a Supreme Court's judgement in 1996.

84^thConstitutional Amendment Act, 2001 (w.e.f. 21.02.2002): This amendment provided that till the publication of the relevant figures of the first census after 2026 the ascertainment of the population of a State for following purposes shall be made on the basis of the census shown against each of them:

• Election of the President under Art. 55—1971 census.
• Allotment of seats to each State in Lok Sabha-1971 census. »• Division of State into territorial Lok Sabha constituencies —1991 census.
• Composition of Legislative Assemblies under Art. 170—1991 census.
• Reservation of seats for SC/ST in the Lok Sabha under Act. 330 —1991 census.

91^st Constitutional Amendment Act, 2003 (w.e.f. 01.01.2004): This amendment limits the size of Ministries at the Centre and in States. According to new Clause (1-A) the total number of Ministers, including the Prime Minister in the Union Council of Ministers or Chief Minister in the State Legislative Assemblies shall not exceed 15 per cent of the total members of the Lok Sabha in the Centre or Vidhan Sabha in the states. The new Clause (1-B) of Article 75 provides that a member of either House of Parliament belonging to any political party who is disqualified for being member of that house on the ground of defection shall also be disqualified to be appointed as a minister under Clause (1) of Art. 75 and 164 until he is again elected. However, the number of Ministers, including the Chief Minister in a State shall not be less than 12 (in smaller States like Sikkim, Mizoram and Goa).

92nd Constitutional Amendment Act, 2003 (w.e.f.07.01.2004): It amended the Eighth Schedule of the Constitution and has inserted 4 new languages in it, namely—Bodo, Dogri, Maithili and Santhali. After this amendment the total number of constitutionally recognised official languages has become 22.

93^rdConstitutional Amendment Act, 2005 (w.e.f. 20.01.2006): Provided reservation in admissions in private unaided educational institutions for students belonging to scheduled castes/tribes and other backward classes.

94^thConstitutional Amendment Act, 2006: Excluded Bihar from the provision to Clause (1) of Art. 164 of the constitution which provides that there shall be a minister in charge of tribal welfare who may in addition be in charge of the welfare of the Scheduled Castes and backward classes in Bihar, Madhya Pradesh and Orissa (now Odisha). It extends the provisions of clause(l) of Art. 164 to the newly formed States of Chhattisgarh and Jharkhand.

95^thConstitutional Amendment Act, 2009: Extended the reservation of seats for SCs and STs in the Lok Sabha and State assemblies by another 10 years (beyond January 25,2010). The time period of 60 years under Art. 334 of the constitution was to lapse on January 25,2010. Through this amendment in Art. 334 the words 'sixty years' has been substituted by 'seventy years'.

98^th Constitutional Amendment Act, 2012 (DoA*: 01.01.2013): Insertion of article 371J (Special provisions with respect to State of Karnataka)

99^th Constitutional Amendment Act, 2014 (DoA*: 31.12.2014):   Insertion of new articles 124A, 124B and 124C. Amendments in Articles 127, 128, 217, 222, 224A, 231. The amendment makes the provision for the formation of a National Judicial Appointments Commission. 16 State assemblies out of 29 States (including Goa, Gujarat, Rajasthan, Telangana and Tripura) ratified the central legislation that enabled the president of India to give his assent to the bill. However the Supreme Court, on 16 October, 2015, quashed the amendment in to.

100^thConstitutional Amendment Act, 2015 (DoA*:28.05.2015): Amendment in the First Schedule of the Constitution of India to give effect to the acquiring of territories by India and transfer of certain territories to Bangladesh and conferment of citizenship rights to residents of enclaves consequent to signing of Land Boundary Agreement (LBA) Treaty between India and Bangladesh

101^st  Constitutional Amendment Act, 2016 (DOA*: 08.09.2016):Sixth and Seventh Schedules, alongwith Articles 248, 249, 250, 268, 269, 270, 271, 286, 366 and 368 have been amended. Articles 246A, 269A and 279A are inserted while Article 268 A has been omitted.

Art. 246A¹ contains special provisions with respect to GST—

1. Notwithstanding anything contained in Articles 246 and 254, Parliament, and subject to clause (2), the legislature of every State have power to make laws with respect to goods and services tax imposed by the union or by such state.
2. Parliament has exclusive power to make laws with respect to goods and services tax where the supply of goods, or services, or both takes place in the course of inter-State trade or commerce.

Explanation: The provisions of this article, shall, in respect of goods and services tax referred to in clause (5) of article 279A, take effect from the date recommended by the Goods and Services Tax Council.

Newly inserted Art. 269A refers to Levy and Collection of GST in course of inter-State trade or commerce.

Art 279A (new insertion) refers to 'Goods and Services Tax Council'.

Amending the Sixth Schedule, "(e) taxes on entertainment and amusements" has been inserted.

Amending seventh schedule entries, 52, 55, 92 and 92C have been omitted, while entries 54, 62, 84 have been substituted. Referring to GST, amendment of the Seventh Schedule contains Compensation to States for loss of revenue on account of introduction of goods and services tax; Transitional provisions, powers of President to remove difficulties etc.

102^nd Constitutional Amendment Act, 2018 (DoA*: 11.08.2018): This Act provides constitutional status to the National Commission for Backward Classes (NCBC). A new Article 338-B and Art. 342 A have been inserted in the Constitution after this amendment, besides the modification of Articles 338 and 366.

103^rd Constitutional Amendment Act, 2019 (DoA*:12.01.2019): The Act amends Articles 15 and 16 of the Constitution by adding a clause which allows states to make "special provision for the advancement of any economically weaker section of citizens".

• In order to give effect to the measure of providing 10% reservation to other sections in the general category, Lok Sabha passed the 124th Constitution (Amendment) Bill, 2019 on January 8, while the Bill was passed by Rajya Sabha the next day (9th Jan.). The President's assent on the Bill was received on January 12.

* DoA (Date of Assent of the President)

106^th Constitutional Amendment Act, 2023: The President of India has approved the Constitution (106th Amendment) Act 2023, which grants a one-third reservation for women in Lok Sabha and State Legislative Assemblies. The Act, which will come into effect on a date specified by the Central Government, will reserve one-third of all seats for women in Lok Sabha, State legislative assemblies, and the Legislative Assembly of Delhi.