List of Important Amendments of the Indian Constitution
The Constitution (24th Amendment) Act, 1971:
It affirms the power of the Parliament to amend any part of the Constitution including Fundamental Rights.
The Constitution (31st Amendment) Act, 1973:
Increases the elective strength of the Lok Sabha from 525 to 545. Under the Act, the upper limit of representatives of the States goes up from 500 to 525 and that of the Union Territories decreases from 25 to 20.
The Constitution (36th Amendment) Act, 1975:
By this Act, Sikkim became the 22nd State of the Indian Union. The Bill received the Presidential assent on May 16, 1975 but the Act came into force from April 25. 1975, the day on which it was passed by the Rajya Sabha.
(The Bill, before being given the Presidential assent, was rectified by the Legislative Assemblies of 13 States. Under the Constitution, the amendment is required to be rectified by the Legislatures of not less than half of the States).
The Constitution (37th Amendment) Act, 1975:
Was passed by the parliament on April 26, 1975 to provide for a Legislative Assembly and 1 Council of Ministers to Arunachal Pradesh, the country's north-eastern most nation Territory. (Arunachal Pradesh Assernbh ntis inaugurated on August 15, 1975)
Pr Constitution (38th Amendment) Act, 1975:
It received esidential assent on August 1, 1975. The Act makes the declaration of emergency non-judiciable.
Constitution (39th Amendment) Act, 1975:
The Bill was passed 1979 on August 7 and received Presidential assent on August
The Act places beyond challenge in courts the election to
Parliament of a person holding the office of Prime Minister or Speaker
and the election of President and Vice-President.
The Constitution (40th Amendment) Act, 1976:
This Amendment has three-fold objectives :
1. It places beyond challenge in courts some major Central laws;
2. It gives similar protection to several State enactments, mostly relating to land legislation, by including them in the Ninth Schedule of the Constitution and
3. It provides that the limits of the territorial waters and the maritime zones of India shall be specified from time to time by laws made by Parliament.
The Constitution (42nd Amendment) Act, 1976:
(also known as mini-constitution)
It was enacted during the period of internal emergency ( by the lady dictator…).
It was passed by Parliament on November 11, 1976 and received Presidential assent on December 18, 1976.
The Amendment established beyond doubt the supremacy of Parliament over the other wings of Government;
gave the Directive Principles precedence over the Fundamental Rights;
o enumerated for the first time a set of ten Fundamental Duties.
It further imposed limits on the power and jurisdiction of the judiciary;
raised the term of the Lok Sabha and the Vidhan Sabha from five to six years;
authorised the use of Central armed forces in any State to deal with law and order problems,
made the President bound by the advice of the Council of Ministers and
envisaged the establishment of administrative tribunals for service matters of Government employees and
also other tribunals for economic offences.
The Act also clearly laid down that no Constitutional Amendment could be questioned in any court of law.
It gave effect to the Swaran Singh recommendations.
The Constitution (43rd Amendment) Act, 1978:
It received the Presidential assent on April 13, 1978.
This Act repealed some of the provisions of the Constitution (42nd Amendment) Act passed during the Emergency. Enacted by Janata Government
It restored civil liberties by deleting Article 3ID which gave powers to Parliament to curtail Trade Union activity.
This Act, which was rectified by more than half of the States, also restored legislative powers to the States to make appropriate provision for anti-national activities consistent with the Fundamental Rights.
Under the Act, the judiciary was also restored to its rightful place.
The Supreme Court was given the power to invalidate State laws, a power taken away by the 42nd Amendment Act.
The High Courts could also look into the question of constitutional validity of Central laws thereby enabling persons living in distant places to obtain Speedy Justice without having to come to the Supreme Court.
The Constitution (45th Amendment) Act, 1980:
Passed by the Parliament in January 1980 seeks
to extend reservation of seats for Scheduled Castes and Scheduled Tribes and the
representation of the Anglo- Indians in the Lok Sabha and the State Assemblies for 10 years, i.e., upto January 25, 1990.
The Constitution (46th Amendment) Act, 1982:
Passed in July 1982,
enables the State Governments to plug loopholes and
realize sales tax dues and also to bring about some uniformity in iax rates in case of certain items.
The Constitution (49th Amendment) Act, 1984:
The Amendment of 1984 has enabled the
provisions of the Sixth Schedule to the Constitution to be made applicable to the tribal areas of the State of Tripura.
This amendment is intended to give a constitutional security to the autonomous District Council functioning in the State.
The Constitution (52nd Amendment) Act, 1985:
The act has made defection to another party, after elections illegal.
Any member defecting to another party after elections will be disqualified from being member of Parliament or State Legislature.
-popularly known as Anti Defection Law.
The Constitution (53rd Amendment) Act, 1986:
It confers Statehood on Mizoram and ensures
against unnecessary interference by the Central Government by the laws relative to spheres of social relationship and community conduct applicable to Mizoram.
The Constitution (54th Amendment) Act, 1986:
It enhances the salaries of Judges of High Courts and Supreme Court of India.
The salary of Chief Justice of Supreme Court of India will be Rs. 10,000;
Chief Justice of High Courts Rs. 9,000/-.
Judges of Supreme Court Rs. 9,000/- and
Judges of High Courts Rs. 8,000
The Constitution (55th Amendment) Act, 1987:
It grants Statehood to Arunachal Pradesh which consequently became the 24th State of the Indian Union.
The Constitution (56th Amendment) Act, 1987:
It confers Statehood on Goa and forms a
new Union Territory of Daman and Diu. Goa thus became the 25th State of the Indian Republic.
The Constitution (57th Amendment) Act, 1987:
It made a special provision for the setting up of the new State of Goa. Consequently Daman and Diu were separated from the former to form a Union Territory.
The Constituiion (58th Amendment) Act, 1988:
It provides for special arrangements with regard to reservation of seats for Scheduled Tribes in the State of Arunachal Pradesh, Nagaland, Mizoram and Meghalaya.
By amending Article 322 the adjustment of seats has been frozen until 2000 A.D.
The Constitution (59th Amendment) Act, 1988:
It empowered the Central Government
to impose Emergency in Punjab when deemed necessary.
Under the amendment, President's rule can be extended upto three years.
Earlier maximum period was two years.
The Constitution (61st Amendment) Act, 1989:
It lowered the voting age from 21 to 18.
/* Election Commission was made multi-member body to cope up the increase in number of voters */
The Constitution (62nd Amendment) Act, 1989:
It provided for the extension by another 10 years of
reservation of seats in the Parliament and State Assemblies for the
Scheduled Castes and Tribes and reservation for Anglo Indian Community by nomination.
The Constitution (63rd Amendment) Act, 1989:
It repealed Amendment 59 which empowered the government to impose emergency in Punjab.
The Constitution (64th Amendment) Act, 1990:
It extended the President's rule in Punjab by six months.
The Constitution (66th Amendment) Act, 1990:
To bring land reforms within the purview of 9th Schedule of the Constitution.
The Constitution (68th Amendment) Act, 1991:
It extended the President's rule in Punjab upto a total period of 5 years.
1987-1991 : - Punjab placed under president’s rule
The Constitution (69th Amendment) Act, 1991:
Delhi made National Capital Region.
The Act also made provision for Legislative assembly and
a council of ministers for Delhi.
The Constitution (70th Amendment) Act, 1992:
Before this act was made Article 54 relating
to the election of the President provided for an electoral college
consisting only of the elected members of Parliament
as well as the legislative assemblies of the States (not of Union Territories).
The amendment provide for inclusion of members of legislature of Pondicherry and Delhi.
The Constitution (71st Amendment) Act, 1992:
The act amends the 8th Schedule to the Constitution to include Konkani, Manipuri and Nepali Languages in the 8th Schedule of the Constitution.
The Constitution (72nd Amendment) Act, 1992:
Article 332 amended to determine the number of reserved seats for STs in the State Assembly of Tripura, until readjustment of seats made on the basis of census 2000.
The Constitution (73rd Amendment) Act, 1993:
Part IX relating to Panchayats inserted in the constitution
to provide Gram Sabha,
constitution of panchayats at village and other levels,
direct elections to all seats, fixing the tenures,
reservation for SC, ST and 33% seats for women etc.
The Constitution (74th Amendment) Act, 1993:
A new Part IX- A relating to Municipalities,
i.e., Nagar Panchayats, Municipal Councils and Municipal Corporations.
The Constitution (75th Amendment) Act, 1994:
Article 332 (Part XIV-A) amended to give timely relief to the rent litigants
by setting-up State-level Rent Tribunals to reduce the tiers of appeals,
and to exclude jurisdiction of all courts except Supreme Court under Act 136.
The Constitution (76th Amendment) Act, 1994:
This Act aims at the reservation of seats in educational institutions and
reservation of appointments or posts in public services for Backward Classes, SCs and STs.
The Supreme Court, on 16th Nov., 1992 ruled that
the total reservation under Article 16(4) should not exceed 50%.
The Constitution (77th Amendment) Act, 1995: (constitutional validity in debate)
Article 16(4A) provides reservation in promotion for the SC and the ST.
In 2006, the Supreme Court in the case of M. Nagraj v Union of India
upheld the constitutional validity of the amendment.
The Constitution (One Hundred Seventeenth Amendment) Bill 2012
[Passed by Rajya Sabha] ,
seeks to substitute Article 16(4A) of the Constitution of India.
It provides that all the Scheduled Castes and Scheduled Tribes notified in the Constitutional shall be deemed to be backward.
Article 335 of the Constitution states that the claims of the Scheduled Castes and Scheduled Tribes have to be balanced with maintaining efficiency in administration .
The Bill states that provision of the amendment shall override the provision of Article 335.
The Constitution (78th Amendment) Act, 1995:
The amendments to Acts placed in the 9th Schedule are immunized from legal challenge,
through a number of amending Acts along with a few principal Acts so that its implementation becomes smooth.
The Constitution (79th Amendment) Act, 1999:
Extended the reservations for SC/ST in services as also nomination of 2 Anglo-Indians
to Lok Sabha up to 2010.
Major amendments of this decade
The Constitution (80th Amendment) Act, 2000:
Related to the revenue sharing between the Centre and the States whereby
States over¬all share was increased to 29% as per the Tenth Finance Commission's recommendations.
Provided for – “Alternative scheme of devolution”
The Constitution (81st Amendment) Act, 2000:
Related to carrying forward backlog vacancies of Scheduled Castes and Scheduled Tribes.
It provides that the unfilled vacancies of a year reserved for SC/ST kept
for being filled up in a year as per Article 16,
shall be considered separately for filling vacancies in the succeeding year
and the previous list will not be considered for filling the 50% quota of the respective year.
The Constitution (82nd Amendment) Act, 2000:
Related to relaxation in qualifying marks and
reservation of posts in super specialty courses
in Medical and Engineering disciplines, etc. for Scheduled Castes/ Tribes etc.
(Both 81st & 82nd amendments were made in supersession of Supreme Court's judgments).
The Constitution (83rd Amendment) Act, 2000:
Related to the reservation of seats under Panchayati Raj in Arunachal Pradesh.
The Constitution (84th Amendment) Act, 2000: (NDA govt. – smaller states)
Related to creating of new States of Jharkhand, Chhatisgarh and Uttaranchal.
The Constitution (85th Amendment) Act, 2001:
Amended Article 16(4A)
to provide for consequential seniority in promotion by virtue of rule of reservation
for the Government servants belonging to the Scheduled Castes and the Scheduled Tribes.
The Constitution (86th Amendment) Act, 2002:
Provides for (i) insertion of a new article 21A that
the State shall provide free and compulsory education
to all children of the age of six to fourteen years in such manner as the state may, by law, determine.
The Constitution (87th Amendment) Act, 2003:
This Article provides that in Article 81 of the Constitution,
in clause (3), in the proviso, in clause (ii),
for the figures "1991", the figures "2001" shall be substituted.
The Constitution (88th Amendment) Act, 2003: (Service tax)
This Article provides for the insertion of a new article 268A
which states that taxes on services shall be levied by the Government of India
and such tax shall be collected and appropriated by the government of India and the States in the manner provided in clause (2).
The Constitution (89th Amendment) Act, 2003: (Bifurcation of Nat. Commission for SC and ST)
This Article provides for the amendment of Article 338 and insertion of a new article 338A which provides that there shall be a National Commission for ST.
The Constitution (90 Amendments) Act, 2003:
This Amendment provided that for elections to the Legislative Assembly of the State of Assam, the representation of the Scheduled Tribes and non-Scheduled Tribes in the constituencies included in the Bodoland Territorial Areas District, so notified, and existing prior to the constitution of the Bodoland Territorial Areas District, shall be maintained.
/*Imp. because of the recent (July 2012) riots between indigenous Bodos and Muslims in Assam */
The Constitution (91st Amendment) Act, 2003: (strengthens anti-defection law)
This Article provides that the total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed fifteen per cent of the total number members of the House of the people.
Remunerative political post (Office of profit ,,,,) defined and members who hold them are disqualified.
The Constitution (92nd Amendment) Act, 2003:
This Article provides for the inclusion of four new language, viz. Bodo, Dogri, Maithili and Santhali in the Eighth Schedule of the Constitution.
Number of constitutionally recognized increased to 22.
The Constitution (93rd Amendment) Act, 2005:
In this Amendment, a provision has been inserted that the State (i.e. Parliament or other legislatures) can make laws for the advancement of the SC, ST or the OBCs of citizens in matters of admission to educational institutions, including private unaided institutions.
The Constitution (94th Amendment) Act, 2006:
This article provides that in article 164 of the Constitution, in clause (1), in the proviso, for the word "Bihar", the words "Chhattisgarh, Jharkhand" shall be substituted.
Freed Bihar from having Tribal welfare minister and extended the provision to Jharkhand , Chattisgarh , M.P and Orissa
The Constitution (95th Amendment) Act, 2009:
This article provides that in article 334 of the Constitution, for the words "sixty years", the words "seventy years" shall be substituted.
Art 334 : Reservation of seats and special representation to cease after [sixty years] from the commencement of this constitution (i.e 26 Jan 1950)
The Constitution (96th Amendment) Act, 2011:
This article provides that in 8th schedule of the Constitution, in entry 15, , for the word , "Oriya", the word "Odia" shall be substituted.
The Constitution (97th Amendment) Act, 2011:
This article provides that
In Part III(Fundamental Rights) of the Constitution, in article 19 , in clause (1),in sub-clause(c) , after the words “ or unions “ , the words “ or co-operative societies” shall be inserted.
In PartIV (Directive Principles of State Policy) of the Constitution after article 43A , the following article shall be inserted, namely:-
“43B. The State shall endeavor to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies”.
It further inserts a new part IX B in the Constitution (adding Articles 243ZH through 243ZT), which outlines certain guidelines for running co-operative societies.
The Constitution (98th Amendment) Act, 2012:
This article provides that
-it seeks to insert Article 371J in the Constitution to empower the Governor of Karnataka to take steps to develop the Hyderabad-Karnataka Region. As per the Statements of Objects and Reasons of the Bill, this Region includes the districts of Gulbarga, Bidar, Raichur, Koppal, Yadgir and Bellary.
A resolution to make special provisions for the Hyderabad-Karnataka Region was passed by the Legislative Assembly and Legislative Council of Karnataka in March 2012. The resolution aims to establish an institutional mechanism to develop the region and promote inclusive growth. It aims to reduce inter-region and inter-district disparity in the State of Karnataka. This Bill(which later became an act) was introduced in Parliament to give effect to this resolution
-The President may allow the Governor to take the following steps for development of the region: (i) setting up a development board for the Region; (ii) ensure equitable allocation of funds for development of the Region; and (iii) provide for reservation in educational and vocational training institutions, and state government positions in the Region for persons from the Region.
- the board is modelled on the Maharashtra model whereas the Karnataka Legislative Assembly and Council had sought a Bill on the Andhra model, which accords special status to districts in the erstwhile Nizam province
by Aruna S.
References
• http://india.gov.in/my-government/constitution-india
• http://www.prsindia.org/
• http://en.wikipedia.org/
• http://indiacode.nic.in/coiweb/
• http://www.thehindu.com
The Constitution (24th Amendment) Act, 1971:
It affirms the power of the Parliament to amend any part of the Constitution including Fundamental Rights.
The Constitution (31st Amendment) Act, 1973:
Increases the elective strength of the Lok Sabha from 525 to 545. Under the Act, the upper limit of representatives of the States goes up from 500 to 525 and that of the Union Territories decreases from 25 to 20.
The Constitution (36th Amendment) Act, 1975:
By this Act, Sikkim became the 22nd State of the Indian Union. The Bill received the Presidential assent on May 16, 1975 but the Act came into force from April 25. 1975, the day on which it was passed by the Rajya Sabha.
(The Bill, before being given the Presidential assent, was rectified by the Legislative Assemblies of 13 States. Under the Constitution, the amendment is required to be rectified by the Legislatures of not less than half of the States).
The Constitution (37th Amendment) Act, 1975:
Was passed by the parliament on April 26, 1975 to provide for a Legislative Assembly and 1 Council of Ministers to Arunachal Pradesh, the country's north-eastern most nation Territory. (Arunachal Pradesh Assernbh ntis inaugurated on August 15, 1975)
Pr Constitution (38th Amendment) Act, 1975:
It received esidential assent on August 1, 1975. The Act makes the declaration of emergency non-judiciable.
Constitution (39th Amendment) Act, 1975:
The Bill was passed 1979 on August 7 and received Presidential assent on August
The Act places beyond challenge in courts the election to
Parliament of a person holding the office of Prime Minister or Speaker
and the election of President and Vice-President.
The Constitution (40th Amendment) Act, 1976:
This Amendment has three-fold objectives :
1. It places beyond challenge in courts some major Central laws;
2. It gives similar protection to several State enactments, mostly relating to land legislation, by including them in the Ninth Schedule of the Constitution and
3. It provides that the limits of the territorial waters and the maritime zones of India shall be specified from time to time by laws made by Parliament.
The Constitution (42nd Amendment) Act, 1976:
(also known as mini-constitution)
It was enacted during the period of internal emergency ( by the lady dictator…).
It was passed by Parliament on November 11, 1976 and received Presidential assent on December 18, 1976.
The Amendment established beyond doubt the supremacy of Parliament over the other wings of Government;
gave the Directive Principles precedence over the Fundamental Rights;
o enumerated for the first time a set of ten Fundamental Duties.
It further imposed limits on the power and jurisdiction of the judiciary;
raised the term of the Lok Sabha and the Vidhan Sabha from five to six years;
authorised the use of Central armed forces in any State to deal with law and order problems,
made the President bound by the advice of the Council of Ministers and
envisaged the establishment of administrative tribunals for service matters of Government employees and
also other tribunals for economic offences.
The Act also clearly laid down that no Constitutional Amendment could be questioned in any court of law.
It gave effect to the Swaran Singh recommendations.
The Constitution (43rd Amendment) Act, 1978:
It received the Presidential assent on April 13, 1978.
This Act repealed some of the provisions of the Constitution (42nd Amendment) Act passed during the Emergency. Enacted by Janata Government
It restored civil liberties by deleting Article 3ID which gave powers to Parliament to curtail Trade Union activity.
This Act, which was rectified by more than half of the States, also restored legislative powers to the States to make appropriate provision for anti-national activities consistent with the Fundamental Rights.
Under the Act, the judiciary was also restored to its rightful place.
The Supreme Court was given the power to invalidate State laws, a power taken away by the 42nd Amendment Act.
The High Courts could also look into the question of constitutional validity of Central laws thereby enabling persons living in distant places to obtain Speedy Justice without having to come to the Supreme Court.
The Constitution (45th Amendment) Act, 1980:
Passed by the Parliament in January 1980 seeks
to extend reservation of seats for Scheduled Castes and Scheduled Tribes and the
representation of the Anglo- Indians in the Lok Sabha and the State Assemblies for 10 years, i.e., upto January 25, 1990.
The Constitution (46th Amendment) Act, 1982:
Passed in July 1982,
enables the State Governments to plug loopholes and
realize sales tax dues and also to bring about some uniformity in iax rates in case of certain items.
The Constitution (49th Amendment) Act, 1984:
The Amendment of 1984 has enabled the
provisions of the Sixth Schedule to the Constitution to be made applicable to the tribal areas of the State of Tripura.
This amendment is intended to give a constitutional security to the autonomous District Council functioning in the State.
The Constitution (52nd Amendment) Act, 1985:
The act has made defection to another party, after elections illegal.
Any member defecting to another party after elections will be disqualified from being member of Parliament or State Legislature.
-popularly known as Anti Defection Law.
The Constitution (53rd Amendment) Act, 1986:
It confers Statehood on Mizoram and ensures
against unnecessary interference by the Central Government by the laws relative to spheres of social relationship and community conduct applicable to Mizoram.
The Constitution (54th Amendment) Act, 1986:
It enhances the salaries of Judges of High Courts and Supreme Court of India.
The salary of Chief Justice of Supreme Court of India will be Rs. 10,000;
Chief Justice of High Courts Rs. 9,000/-.
Judges of Supreme Court Rs. 9,000/- and
Judges of High Courts Rs. 8,000
The Constitution (55th Amendment) Act, 1987:
It grants Statehood to Arunachal Pradesh which consequently became the 24th State of the Indian Union.
The Constitution (56th Amendment) Act, 1987:
It confers Statehood on Goa and forms a
new Union Territory of Daman and Diu. Goa thus became the 25th State of the Indian Republic.
The Constitution (57th Amendment) Act, 1987:
It made a special provision for the setting up of the new State of Goa. Consequently Daman and Diu were separated from the former to form a Union Territory.
The Constituiion (58th Amendment) Act, 1988:
It provides for special arrangements with regard to reservation of seats for Scheduled Tribes in the State of Arunachal Pradesh, Nagaland, Mizoram and Meghalaya.
By amending Article 322 the adjustment of seats has been frozen until 2000 A.D.
The Constitution (59th Amendment) Act, 1988:
It empowered the Central Government
to impose Emergency in Punjab when deemed necessary.
Under the amendment, President's rule can be extended upto three years.
Earlier maximum period was two years.
The Constitution (61st Amendment) Act, 1989:
It lowered the voting age from 21 to 18.
/* Election Commission was made multi-member body to cope up the increase in number of voters */
The Constitution (62nd Amendment) Act, 1989:
It provided for the extension by another 10 years of
reservation of seats in the Parliament and State Assemblies for the
Scheduled Castes and Tribes and reservation for Anglo Indian Community by nomination.
The Constitution (63rd Amendment) Act, 1989:
It repealed Amendment 59 which empowered the government to impose emergency in Punjab.
The Constitution (64th Amendment) Act, 1990:
It extended the President's rule in Punjab by six months.
The Constitution (66th Amendment) Act, 1990:
To bring land reforms within the purview of 9th Schedule of the Constitution.
The Constitution (68th Amendment) Act, 1991:
It extended the President's rule in Punjab upto a total period of 5 years.
1987-1991 : - Punjab placed under president’s rule
The Constitution (69th Amendment) Act, 1991:
Delhi made National Capital Region.
The Act also made provision for Legislative assembly and
a council of ministers for Delhi.
The Constitution (70th Amendment) Act, 1992:
Before this act was made Article 54 relating
to the election of the President provided for an electoral college
consisting only of the elected members of Parliament
as well as the legislative assemblies of the States (not of Union Territories).
The amendment provide for inclusion of members of legislature of Pondicherry and Delhi.
The Constitution (71st Amendment) Act, 1992:
The act amends the 8th Schedule to the Constitution to include Konkani, Manipuri and Nepali Languages in the 8th Schedule of the Constitution.
The Constitution (72nd Amendment) Act, 1992:
Article 332 amended to determine the number of reserved seats for STs in the State Assembly of Tripura, until readjustment of seats made on the basis of census 2000.
The Constitution (73rd Amendment) Act, 1993:
Part IX relating to Panchayats inserted in the constitution
to provide Gram Sabha,
constitution of panchayats at village and other levels,
direct elections to all seats, fixing the tenures,
reservation for SC, ST and 33% seats for women etc.
The Constitution (74th Amendment) Act, 1993:
A new Part IX- A relating to Municipalities,
i.e., Nagar Panchayats, Municipal Councils and Municipal Corporations.
The Constitution (75th Amendment) Act, 1994:
Article 332 (Part XIV-A) amended to give timely relief to the rent litigants
by setting-up State-level Rent Tribunals to reduce the tiers of appeals,
and to exclude jurisdiction of all courts except Supreme Court under Act 136.
The Constitution (76th Amendment) Act, 1994:
This Act aims at the reservation of seats in educational institutions and
reservation of appointments or posts in public services for Backward Classes, SCs and STs.
The Supreme Court, on 16th Nov., 1992 ruled that
the total reservation under Article 16(4) should not exceed 50%.
The Constitution (77th Amendment) Act, 1995: (constitutional validity in debate)
Article 16(4A) provides reservation in promotion for the SC and the ST.
In 2006, the Supreme Court in the case of M. Nagraj v Union of India
upheld the constitutional validity of the amendment.
The Constitution (One Hundred Seventeenth Amendment) Bill 2012
[Passed by Rajya Sabha] ,
seeks to substitute Article 16(4A) of the Constitution of India.
It provides that all the Scheduled Castes and Scheduled Tribes notified in the Constitutional shall be deemed to be backward.
Article 335 of the Constitution states that the claims of the Scheduled Castes and Scheduled Tribes have to be balanced with maintaining efficiency in administration .
The Bill states that provision of the amendment shall override the provision of Article 335.
The Constitution (78th Amendment) Act, 1995:
The amendments to Acts placed in the 9th Schedule are immunized from legal challenge,
through a number of amending Acts along with a few principal Acts so that its implementation becomes smooth.
The Constitution (79th Amendment) Act, 1999:
Extended the reservations for SC/ST in services as also nomination of 2 Anglo-Indians
to Lok Sabha up to 2010.
Major amendments of this decade
The Constitution (80th Amendment) Act, 2000:
Related to the revenue sharing between the Centre and the States whereby
States over¬all share was increased to 29% as per the Tenth Finance Commission's recommendations.
Provided for – “Alternative scheme of devolution”
The Constitution (81st Amendment) Act, 2000:
Related to carrying forward backlog vacancies of Scheduled Castes and Scheduled Tribes.
It provides that the unfilled vacancies of a year reserved for SC/ST kept
for being filled up in a year as per Article 16,
shall be considered separately for filling vacancies in the succeeding year
and the previous list will not be considered for filling the 50% quota of the respective year.
The Constitution (82nd Amendment) Act, 2000:
Related to relaxation in qualifying marks and
reservation of posts in super specialty courses
in Medical and Engineering disciplines, etc. for Scheduled Castes/ Tribes etc.
(Both 81st & 82nd amendments were made in supersession of Supreme Court's judgments).
The Constitution (83rd Amendment) Act, 2000:
Related to the reservation of seats under Panchayati Raj in Arunachal Pradesh.
The Constitution (84th Amendment) Act, 2000: (NDA govt. – smaller states)
Related to creating of new States of Jharkhand, Chhatisgarh and Uttaranchal.
The Constitution (85th Amendment) Act, 2001:
Amended Article 16(4A)
to provide for consequential seniority in promotion by virtue of rule of reservation
for the Government servants belonging to the Scheduled Castes and the Scheduled Tribes.
The Constitution (86th Amendment) Act, 2002:
Provides for (i) insertion of a new article 21A that
the State shall provide free and compulsory education
to all children of the age of six to fourteen years in such manner as the state may, by law, determine.
The Constitution (87th Amendment) Act, 2003:
This Article provides that in Article 81 of the Constitution,
in clause (3), in the proviso, in clause (ii),
for the figures "1991", the figures "2001" shall be substituted.
The Constitution (88th Amendment) Act, 2003: (Service tax)
This Article provides for the insertion of a new article 268A
which states that taxes on services shall be levied by the Government of India
and such tax shall be collected and appropriated by the government of India and the States in the manner provided in clause (2).
The Constitution (89th Amendment) Act, 2003: (Bifurcation of Nat. Commission for SC and ST)
This Article provides for the amendment of Article 338 and insertion of a new article 338A which provides that there shall be a National Commission for ST.
The Constitution (90 Amendments) Act, 2003:
This Amendment provided that for elections to the Legislative Assembly of the State of Assam, the representation of the Scheduled Tribes and non-Scheduled Tribes in the constituencies included in the Bodoland Territorial Areas District, so notified, and existing prior to the constitution of the Bodoland Territorial Areas District, shall be maintained.
/*Imp. because of the recent (July 2012) riots between indigenous Bodos and Muslims in Assam */
The Constitution (91st Amendment) Act, 2003: (strengthens anti-defection law)
This Article provides that the total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed fifteen per cent of the total number members of the House of the people.
Remunerative political post (Office of profit ,,,,) defined and members who hold them are disqualified.
The Constitution (92nd Amendment) Act, 2003:
This Article provides for the inclusion of four new language, viz. Bodo, Dogri, Maithili and Santhali in the Eighth Schedule of the Constitution.
Number of constitutionally recognized increased to 22.
The Constitution (93rd Amendment) Act, 2005:
In this Amendment, a provision has been inserted that the State (i.e. Parliament or other legislatures) can make laws for the advancement of the SC, ST or the OBCs of citizens in matters of admission to educational institutions, including private unaided institutions.
The Constitution (94th Amendment) Act, 2006:
This article provides that in article 164 of the Constitution, in clause (1), in the proviso, for the word "Bihar", the words "Chhattisgarh, Jharkhand" shall be substituted.
Freed Bihar from having Tribal welfare minister and extended the provision to Jharkhand , Chattisgarh , M.P and Orissa
The Constitution (95th Amendment) Act, 2009:
This article provides that in article 334 of the Constitution, for the words "sixty years", the words "seventy years" shall be substituted.
Art 334 : Reservation of seats and special representation to cease after [sixty years] from the commencement of this constitution (i.e 26 Jan 1950)
The Constitution (96th Amendment) Act, 2011:
This article provides that in 8th schedule of the Constitution, in entry 15, , for the word , "Oriya", the word "Odia" shall be substituted.
The Constitution (97th Amendment) Act, 2011:
This article provides that
In Part III(Fundamental Rights) of the Constitution, in article 19 , in clause (1),in sub-clause(c) , after the words “ or unions “ , the words “ or co-operative societies” shall be inserted.
In PartIV (Directive Principles of State Policy) of the Constitution after article 43A , the following article shall be inserted, namely:-
“43B. The State shall endeavor to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies”.
It further inserts a new part IX B in the Constitution (adding Articles 243ZH through 243ZT), which outlines certain guidelines for running co-operative societies.
The Constitution (98th Amendment) Act, 2012:
This article provides that
-it seeks to insert Article 371J in the Constitution to empower the Governor of Karnataka to take steps to develop the Hyderabad-Karnataka Region. As per the Statements of Objects and Reasons of the Bill, this Region includes the districts of Gulbarga, Bidar, Raichur, Koppal, Yadgir and Bellary.
A resolution to make special provisions for the Hyderabad-Karnataka Region was passed by the Legislative Assembly and Legislative Council of Karnataka in March 2012. The resolution aims to establish an institutional mechanism to develop the region and promote inclusive growth. It aims to reduce inter-region and inter-district disparity in the State of Karnataka. This Bill(which later became an act) was introduced in Parliament to give effect to this resolution
-The President may allow the Governor to take the following steps for development of the region: (i) setting up a development board for the Region; (ii) ensure equitable allocation of funds for development of the Region; and (iii) provide for reservation in educational and vocational training institutions, and state government positions in the Region for persons from the Region.
- the board is modelled on the Maharashtra model whereas the Karnataka Legislative Assembly and Council had sought a Bill on the Andhra model, which accords special status to districts in the erstwhile Nizam province
by Aruna S.
References
• http://india.gov.in/my-government/constitution-india
• http://www.prsindia.org/
• http://en.wikipedia.org/
• http://indiacode.nic.in/coiweb/
• http://www.thehindu.com
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