AMENDMENT OF THE CONSTITUTION
AMENDMENT OF THE CONSTITUTION
Procedure (Article 368)
The methods of amendment are three—according to the subject matter of the Article concerned:
1. Articles that may be amended by a simple majority.
2. Articles that may be amended by a two-thirds majority of both Houses of Parliament—these are comparatively important matters.
3. Articles that require not only a two-thirds majority of the Parliament but also ratification by at least one-half of the State Legislatures.
It may be noted that provisions which affect the federal character of the Constitution can be amended only with the approval of the states. Further, the initiative to amend the Constitution rests only with the Centre and the states cannot initiate any amendment.
Important Constitutional Amendments
1. The First Amendment 1950, to overcome certain practical difficulties related to Fundamental Rights. It made provision for special treatment of educationally and socially backward classes, and added Ninth Schedule to the Constitution.
2. The Third Amendment 1954, it substituted entry 33 ofList III (Concurrent List) of the Seventh Schedule to make it correspond to Article 369.
3. The Seventh Amendment 1956 was necessitated on account of reorganization of states on a linguistic basis and changed First and Fourth Schedules.
4. The Eighth Amendment 1960 extended special provision for reservation of seats for SCs, STs and Anglo-Indians in Lok Sabha and Legislative Assemblies for a period of 10 years from 1960 to 1970.
5. The Ninth Amendment 1960 transferred certain territories to Pakistan following September 1958 Indo-Pak Agreement.
6. The Tenth Amendment 1961 incorporated the territories of Dadra and Nagar Haveli in Indian Union.
7. The Twelfth Amendment 1962 incorporated the territories of Goa, Daman and Diu in Indian Union.
8. The Thirteenth Amendment 1962 created Nagaland as a State of the Union of India.
9. The Fourteenth Amendment 1962 incorporated former French territory of Pondicherry in Indian Union.
10. The Eighteenth Amendment 1966 was made to facilitate reorganization of Punjab into Punjab and Haryana, and also created the UT of Chandigarh.
11. The Twenty-First Amendment 1967 included Sindhi as the 15th regional language in the Eighth Schedule.
12. The Twenty-Second Amendment 1969 created a sub-state of Meghalaya within Assam.
13. The Twenty-Third Amendment 1970 extended the reservation of seats for SC/ST and nomination of Anglo-Indians for a further period of 10 years (upto 1980).
14. The Twenty-Sixth Amendment 1971 abolished titles & special privileges of former rulers of princely states.
15. The Twenty-Seventh Amendment 1971 provided for the establishment of the states of Manipur and Tripura; the formation of the Union Territories of Mizoram and Arunachal Pradesh.
16. The Thirty-First Amendment 1973 increased elective strength of Lok Sabha from 525 to 545. Upper limit of representatives of state became 525 from 500.
17. The Thirty-Sixth Amendment 1975 made Sikkim a state of the Indian Union.
18. The Thirty-Eighth Amendment 1975 provided that the President can make a declaration of emergency, and the promulgation of ordinances by the President, Governors and administrative heads of UTs would be final and could not be challenged in any court.
19. The Thirty-Ninth Amendment 1975 placed beyond challenge in courts, the election to Parliament of a person holding the office of Prime Minister or Speaker and election of the President and Vice President.
20. The Forty-Second Amendment 1976 provided supremacy of Parliament and gave primacy to Directive Principles over Fundamental Rights; added 10 Fundamental Duties and altered the Preamble.
21. The Forty-Fourth Amendment 1978 restored the normal duration of Lok Sabha and Legislative Assemblies to 5 Years; Right to property was deleted from Part III; it limited the power of the govt to proclaim internal emergency.
22. The Forty-Fifth Amendment 1980 extended reservation for SC/ST by 10 years (upto 1990).
23. The Fifty-Second Amendment 1985 inserted the Tenth Schedule in the Constitution regarding provisions as to disqualification on the grounds of defection.
24. The Fifty-Fourth Amendment 1986 enhanced salaries of Judges of Supreme Court and High Courts
25. The Fifty-Fifth Amendment 1986 conferred statehood on Arunachal Pradesh.
26. The Fifty-Sixth Amendment 1987 Hindi version of the Constitution of India was accepted for all purposes and statehood was also conferred on the UT of Goa.
27. The Fifty-Eighth Amendment 1987 provided reservation of seats in legislatures for the four north-eastern states of Arunachal Pradesh, Meghalaya, Mizoram and Nagaland.
28. The Sixty-First Amendment 1989 reduced voting age from 21 to 18 years for Lok Sabha and Assemblies.
29. The Sixty-Second Amendment 1989 extended reservation of seats for SC/ST upto the year 2000.
30. The Sixty-Third Amendment carried out in 1989 repealed the 59th Amendment which empowered the government to impose Emergency in Punjab.
31. The Seventy-Second Amendment 1992 (Panchayati Raj Bill) provided Gram Sabha in villages, constitution of panchayats at village and other levels, direct elections to all seats in panchayats and reservation of seats for SC/ST and fixing of Panchayat’s tenure to 5 years.
32. The Seventy-Third Amendment 1993 (Nagarpalika Bill) provided for constitution of municipalities, reservation of seats in every municipality for the SC and ST, women and the backward classes.
33. The Seventy-Fourth Amendment 1993 inclusion of a new part IX-A relating to the Municipalities had been incorporated in the Constitution to provide, among other things, constitution of three types of Municipalities, that is, ‘Nagar Panchayats’ for areas in transition from a rural area to urban area, ‘Municipal Councils’ for smaller urban area and ‘Municipal Corporations’ for larger urban areas.
34. The Seventy-Eighth Amendment 1995 provides for some land reform acts included in Ninth Schedule which consists of list of laws enacted by the central governments and various state governments which, inter alia, affect rights and interest in property including land.
35. The Seventy-Ninth Amendment 2000 extended reservation for the SC/ST for further period of ten years, that is, up to 25 January 2010.
36. The Eightieth Amendment 2000 Certain changes were made to tax distribution provided under Articles 269, 270 and 272 of the constitution.
37. The Eighty-First Amendment 2000 The unfulfilled vacancies/seats of a year, which were reserved for SC/ST candidates, for being filled up in that year in accordance with any provision for reservations made under Article 16 of the Constitution, shall be considered as a seperate class of vacancies to be filled up in any succeeding year or years, and such class of vacancies shall not be considered together with vacancies of the year in which they were filled up for determining the ceiling of fifty per cent reservation against total number of vacancies of that year.
38. The Eighty-Fourth Amendment 2002 The number of representatives in the Lok Sabha and State Assemblies to freeze to current levels for the next 25 years (till 2026).
39. The Eighty-Fifth Amendment 2002 provided for consequential seniority in case of promotion (with retrospective effect from June 17, 1995) by virtue of the rule of reservation for government servants belonging to SCs/STs.
40. The Eighty-sixth Amendment 2002 The Act deals with the insertion of a new Article 21A after article 21. The new Article 21A deals with Right to Education. “The state shall provide free and compulsory education to all children from the age of 6 to 14 years in such a manner as the state may, by law, determine.”
41. The Eighty-Eighth Amendment 2003 provides for the insertion of a new Article 268A. Service tax levied by Union and collected and appropriated by the Union and the States. Amendment of article 270 Amendment of Seventh Schedule.
42. The Eighty-Ninth Amendment 2003 provides for the amendment of Article 338. There shall be a National Commission for the SCs/STs.
43. The Ninety-First Amendment 2003 amended the anti-defection laws and provided for amendment of Article 75. The total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed fifteen per cent of the total number of members of the House of the people.
44. The Ninety-Second Amendment 2003 provided for the amendment of Eighth Schedule by adding four new regional languages (Bodo, Maithili, Santhali and Dogri) thus extending the list to 22 languages.
45. The Ninety-Third Amendment 2006 (came into effect on 20 January 2006) provided for special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the SCs/STs in so far as such special provisions relate to their admission to educational institutions including private educational institutions.
46. The Ninety-Fourth Amendment 2006 provides for the exclusion of Bihar from the proviso to Clause (I) of Article 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 Orrisa. It also proposes to