Constitutional Amendment methods and important constitutional amendments.

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Amendments to the Constitution are made by the Parliament, the procedure for which is laid out in Article 368. An amendment bill must be passed by both the Houses of the Parliament by a two-thirds majority and voting. In addition to this, certain amendments which pertain to the federal nature of the Constitution must be ratified by a majority of state legislatures. As of July 2017 there have been 118 amendment bills presented in the Parliament, out of which 98 have been passed to become Amendment Acts.

Bills seeking to amend the Constitution are of three types:—

(1)   Bills that are passed by Parliament by simple majority;

(2)   Bills that have to be passed by Parliament by the special majority prescribed in article 368(2) of the Constitution; and

(3)   Bills that have to be passed by Parliament by the special majority as aforesaid and also to be ratified by not less than one-half of the State Legislatures.It includes the Constitution Amendment Bills which seeks to make any change in articles relating to:—

  • the election of the President, or
  • the extent of the executive power of the Union and the States, or
  • the Supreme Court and the High Courts, or
  • distribution of legislative powers between the Union and States, or representation of States in Parliament, or
  • the very procedure for amendment as laid down in article 368 of the Constitution

 

Amendments of constitution                 

 

  1. 1951 To fully secure the constitutional validity of zamindari abolition laws and to place reasonable restriction on freedom of speech. A new constitutional device, called Schedule 9 introduced to protect laws that are contrary to the Constitutionally guaranteed fundamental rights. These laws encroach upon property rights, freedom of speech and equality before law.
  2. 1953 A technical amendment to fix the size of each parliamentary constituency between 650,000 and 850,000 voters.
  3. 1955 LS limit of 500 members, one member of a constituency represents between 500000 and 750000 people.
  4. 1955 Restrictions on property rights and inclusion of related bills in Schedule 9 of the constitution.
  5. 1955 Provides for a consultation mechanism with concerned states in matters relating to the amendments to the territorial matters and in the re-naming of the state.
  6. 1956 Amend the Union and State Lists with respect to raising of taxes.
  7. 1956 Reorganization of states on linguistic lines, abolition of Class A, B, C, D states and introduction of Union Territories.
  8. 1960 Clarify state’s power of compulsory acquisition and requisitioning of private property and include Zamindari abolition laws in Schedule 9 of the constitution.
  9. 1960 Minor adjustments to territory of Indian Union consequent to agreement with Pakistan for settlement of disputes by demarcation of border villages, etc.
  10. 1961 Incorporation of Dadra, Nagar and Haveli as a Union Territory, consequent to acquisition from Portugal.
  11. 1961 Election of Vice President by Electoral College consisting of members of both Houses of Parliament, instead of election by a Joint Sitting of Parliament.Indemnify the President and Vice President Election procedure from challenge on grounds of existence of any vacancies in the electoral college.
  12. 1961 Incorporation of Goa, Daman and Diu as a Union Territory, consequent to acquisition from Portugal.
  13. 1963 Formation of State of Nagaland, with special protection under Article 371A.
  14. 1962 Incorporation of Pondicherry into the Union of India and creation of Legislative Assemblies for Himachal Pradesh, Tripura, Manipur and Goa.
  15. 1963 Raise retirement age of judges from 60 to 62 and other minor amendments for rationalizing interpretation of rules regarding judges etc.,
  16. 1963 Make it obligatory for seekers of public office to swear their allegiance to the Indian Republic and prescribe the various obligatory templates.
  17. 1964 To secure the constitutional validity of acquisition of Estates and place land acquisition laws in Schedule 9 of the constitution
  18. 1966 Technical Amendment to include Union Territories in Article 3 and hence permit reorganisation of Union Territories.
  19. 1966 Abolish Election Tribunals and enable trial of election petitions by regular High Courts.
  20. 1966 Indemnify & validate judgments, decrees, orders and sentences passed by judges and to validate the appointment, posting, promotion and transfer of judges barring a few who were not eligible for appointment under article 233. Amendment needed to overcome the effect of judgement invalidating appointments of certain judges in the state of Uttar Pradesh.
  21. 1967 Include Sindhi as an Official Language.
  22. 1969 Provision to form Autonomous states within the State of Assam.
  23. 1970 Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 1980.
  24. 1971 Enable parliament to dilute fundamental rights through amendments to the constitution.
  25. 1972 Restrict property rights and compensation in case the state takes over private property.
  26. 1971 Abolition of privy purse paid to former rulers of princely states which were incorporated into the Indian Republic.
  27. 1972 Reorganization of Mizoram into a Union Territory with a legislature and council of ministers.
  28. 1972 Rationalize Civil Service rules to make it uniform across those appointed prior to Independence and post independence.
  29. 1972 Place land reform acts and amendments to these act under Schedule 9 of the constitution.
  30. 1973 Change the basis for appeals in Supreme Court of India in case of Civil Suits from value criteria to one involving substantial question of law.
  31. 1973 Increase size of Parliament from 525 to 545 seats. Increased seats going to the new states formed in North East India and minor adjustment consequent to 1971 Delimitation exercise.
  32. 1974 Protection of regional rights in Telengana and Andhra regions of State of Andhra Pradesh.
  33. 1974 Prescribes procedure for resignation by members of parliament and state legislatures and the procedure for verification and acceptance of resignation by house speaker.
  34. 1974 Place land reform acts and amendments to these act under Schedule 9 of the constitution.
  35. 1975 Terms and Conditions for the Incorporation of Sikkim into the Union of India.
  36. 1975 Formation of Sikkim as a State within the Indian Union.
  37. 1975 Formation of Arunachal Pradesh legislative assembly.
  38. 1975 Enhances the powers of President and Governors to pass ordinances
  39. 1975 Amendment designed to negate the judgement of Allahabad High Court invalidating Prime Minister Indira Gandhi’s election to parliament. Amendment placed restrictions on judicial scrutiny of post of President, vice-president and Prime Minister.
  40. 1976 Enable Parliament to make laws with respect to Exclusive Economic Zone and vest the mineral wealth with Union of India.Place land reform & other acts and amendments to these act under Schedule 9 of the constitution.
  41. 1976 Raise Retirement Age Limit of Chairmen and Members of Union and State Public Commissions from 60 to 62.
  42. 1977 Amendment passed during internal emergency by Indira Gandhi. Provides for curtailment of fundamental rights, imposes fundamental duties and changes to the basic structure of the constitution by making India a “Socialist Secular” Republic.
  43. 1978 Amendment passed after revocation of internal emergency in the Country. Repeals some of the more ‘Anti-Freedom’ amendments enacted through Amendment Bill 42.
  44. 1979 Amendment passed after revocation of internal emergency in the Country. Provides for human rights safeguards and mechanisms to prevent abuse of executive and legislative authority. Annuls some Amendments enacted in Amendment Bill 42.
  45. 1980 Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 1990.
  46. 1983 Amendment to negate judicial pronouncements on scope and applicability on Sales Tax.
  47. 1984 Place land reform acts and amendments to these act under Schedule 9 of the constitution.
  48. 1985 Article 356 amended to permit President’s rule up to two years in the state of Punjab.
  49. 1984 Recognize Tripura as a Tribal State and enable the creation of a Tripura Tribal Areas Autonomous District Council.
  50. 1984 Technical Amendment to curtailment of Fundamental Rights as per Part III as prescribed in Article 33 to cover Security Personnel protecting property and communication infrastructure.
  51. 1986 Provide reservation to Scheduled Tribes in Nagaland, Meghalaya, Mizoram and Arunachal Pradesh Legislative Assemblies.
  52. 1985 Anti Defection Law – Provide disqualification of members from parliament and assembly in case of defection from one party to other.
  53. 1987 Special provision with respect to the State of Mizoram.
  54. 1986 Increase the salary of Chief Justice of India & other Judges and to provide for determining future increases without the need for constitutional amendment.
  55. 1987 Special powers to Governor consequent to formation of state of Arunachal Pradesh.
  56. 1987 Transition provision to enable formation of state of Goa.
  57. 1987 Provide reservation to Scheduled Tribes in Nagaland, Meghalaya, Mizoram and Arunachal Pradesh Legislative Assemblies.
  58. 1987 Provision to publish authentic Hindi translation of constitution as on date and provision to publish authentic Hindi translation of future amendments.
  59. 1988 Article 356 amended to permit President’s rule up to three years in the state of Punjab, Articles 352 and Article 359A amended to permit imposing emergency in state of Punjab or in specific districts of the state of Punjab.
  60. 1988 Profession Tax increased from a maximum of Rs. 250/- to a maximum of Rs. 2500/-.
  61. 1989 Reduce age for voting rights from 21 to 18.
  62. 1989 Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 2000.
  63. 1990 Emergency powers applicable to State of Punjab, accorded in Article 359A as per amendment 59 repealed.
  64. 1990 Article 356 amended to permit President’s rule up to three years and six months in the state of Punjab.
  65. 1990 National Commission for Scheduled Castes and Scheduled Tribes formed and its stututory powers specifed in The Constitution.
  66. 1990 Place land reform acts and amendments to these act under Schedule 9 of the constitution.
  67. 1990 Article 356 amended to permit President’s rule up to four years in the state of Punjab.
  68. 1991 Article 356 amended to permit President’s rule up to five years in the state of Punjab.
  69. 1992 To provide for a legislative assembly and council of ministers for Federal National Capital of Delhi. Delhi continues to be a Union Territory.
  70. 1991 Include National Capital of Delhi and Union Territory of Pondicherry in electoral college for Presidential Election.
  71. 1992 Include Konkani, Manipuri and Nepali as Official Languages.
  72. 1992 Provide reservation to Scheduled Tribes in Tripura State Legislative Assembly.
  73. 1993 Statutory provisions for Panchyat Raj as third level of administration in villages.
  74. 1993 Statutory provisions for Local Administrative bodies as third level of administration in urban areas such as towns and cities. (Municipalities)
  75. 1994 Provisions for setting up Rent Control Tribunals.
  76. 1994 Enable continuance of 69% reservation in Tamil Nadu by including the relevant Tamil Nadu Act under 9th Schedule of the constitution.
  77. 1995 A technical amendment to protect reservation to SC/ST Employees in promotions.
  78. 1995 Place land reform acts and amendments to these act under Schedule 9 of the constitution.
  79. 2000 Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 2010.
  80. 2000 Implement Tenth Finance Commission recommendation to simplify the tax structures by pooling and sharing all taxes between states and The Centre.
  81. 2000 Protect SC / ST reservation in filling backlog of vacancies.
  82. 2000 Permit relaxation of qualifying marks and other criteria in reservation in promotion for SC / ST candidates.
  83. 2000 Exempt Arunachal Pradesh from reservation for Scheduled Castes in Panchayati Raj institutions.
  84. 2002 Extend the usage of 1991 national census population figures for statewise distribution of parliamentary seats.
  85. 2002 A technical amendment to protect seniority in case of promotions of SC/ST Employees.
  86. 2002 Provides Right to Education until the age of fourteen and Early childhood care until the age of six.
  87. 2003 Extend the usage of 2001 national census population figures for statewise distribution of parliamentary seats.
  88. 2004 To extend statutory cover for levy and utilization of Service Tax.
  89. 2003 The National Commission for Scheduled Castes and Scheduled Tribes was bifurcated into The National Commission for Scheduled Castes and The National Commission for Scheduled Tribes.
  90. 2003 Reservation in Assam Assembly relating to Bodoland Territory Area.
  91. 2004 Restrict the size of council of ministers to 15 % of legislative members & to strengthen Anti Defection laws.
  92. 2004 Enable Levy of Service Tax. Include Bodo, Dogri, Santali and Maithili as National Languages.
  93. 2006 Reservation for OBCs in government as well as private educational institutions
  94. 2006 To provide for a Minister of Tribal Welfare in newly created Jharkhand and Chhattisgarh States.
  95. 2010 Extended the reservation of seats in Lok Sabha and State Assemblies for SCs and STs from sixty to seventy years.
  96. 2011 Changed “Oriya” in the Eighth Schedule to “Odia.
  97. 2012, Jan 12 Right to form unions or co-operative societies. (19(1)C)Promotion of Co-operative Societies. (43B)The Co-operative Societies. (Part 9B)
  98. 2013, Jan 2 To empower the Governor of Karnataka to take steps to develop the Hyderabad-Karnataka Region.(To insert Article 371J in the Constitution)
  99. 2015 -The amendment provides for the formation of a National Judicial Appointments Commission. 16 State assemblies out of 29 States including Goa, Rajasthan, Tripura, Gujarat and Telangana ratified the Central Legislation, enabling the President of India to give assent to the bill. The amendment was struck down by the Supreme Court on 16 October 2015.
  100. 2015 Exchange of certain enclave territories with Bangladesh and conferment of citizenship rights to residents of enclaves consequent to signing of Land Boundary Agreement (LBA) Treaty between India and Bangladesh.
  101. 2016 Goods and Services Tax Bill
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