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Wednesday, August 8, 2012

Indian Constitution


PHILOSOPHY AND IDEALS OF THE INDIAN CONSTITUTION
The philosophy and ideals of the Indian Constitution are reflected in the Preamble to the Constitution of India. Our Constitution may be said to be an expansion and explanation of the Preamble. Supreme Court Chief Justice, Justice Subba Rao opined, “Preamble contains, in a nutshell, its ideals and its aspirations.” To understand the philosophy and ideals of the Indian Constitution, we must know the Preamble in the first place. Let us define and analyze the Preamble to the Indian Constitution.
The Preamble

The Oxford Advanced Learner’s Dictionary defines the word “Preamble” as an introduction to a book or a written document. The Constitution of India starts with a Preamble. It is the most precious part of the Constitution. It is the soul of the Constitution.

The Preamble of the Indian Constitution says:

“WE, THE PEOPLE OF INDIA having solemnly resolved to constitute India into a SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC REPUBLIC
and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and opportunity; and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.”

From the Preamble we can understand the philosophy and ideals of the Indian Constitution. The philosophy and ideals of the Indian Constitution are discussed as follows:
  • Popular Sovereignty: 
The Preamble begins with the words “We the people of India………” and ends with the words “………adopt, enact and give to ourselves this Constitution”. It indicates that ultimate sovereignty lies with the people of India who collectively constitute the supreme source of authority in the country. The Constitution is regarded as the supreme law of the state, but the supreme power of the state is vested upon the people of India.
  • India as a Sovereign state:
The Preamble declares India as a sovereign state. It is free from any external control. No foreign power can interfere in the internal affairs of India. India can determine her foreign affairs according to her free will.
  • India as a Socialist state: 
The word ‘Socialist’ has been added in the Preamble by the 42nd Amendment in 1976. It means the Constitution of India has a great objective to secure social and economic equality and fair distribution of wealth among all sections of people in the country. By inserting the term ‘socialist’, it has not only brought a feeling of equal status among the people but also strengthened the philosophical foundation of the Indian Constitution. Some socialistic principles are also distinctly reflected in the Articles 39, 41, 42 and 43 which are incorporated in the Directive Principles of State Policy.
  • India as a Secular state: 
The word ‘Secular’ has been included in the Preamble by the 42nd Amendment in 1976. The characteristic of Indian secularism is that India does not recognize any religion as the official or state religion and treats all religions equally. Moreover, different communities in India have the right to practice their own faiths. Thus, secularism is one of the ideals of the Indian Constitution.
  • India as a Democratic state: 
The Preamble describes India as a democratic state. The prime philosophy and ideal of the Indian Constitution is to make India a democratic state. India is regarded as the largest democratic state in the World. According to Abraham Lincoln, “Democracy is by the people, for the people and of the people.” The Constitution of India has established a parliamentary democracy in India marked by universal adult franchise, periodic election to choose the government, majority rule, rule of law, decentralization of power, rule of law, independence of the judiciary, etc.
  • India as a Republic:
The Preamble declares India to be a republic. What it means is that the Head of the State in India, that is the President of India, is an elected head. He is not a hereditary ruler. The President of India who is the Chief Executive and nominal head of our country is indirectly elected by the people.
  • To ensure Justice:
Justice implies that the Government will try to promote the welfare of all the sections of the people. The Preamble embraces three types of Justice- social, economic and political. To ensure Social Justice the Constitution has made special arrangements for the weaker sections of the society, abolished untouchability, provided free education up to a certain standard, etc. With a view to providing political justice, the Constitution has introduced the principle of universal adult franchise and has given an equal right to all adult citizens to be elected or appointed to public services. Economic justice implies that the Constitution seeks to ensure economic security for the common people and to do way with unequal distribution of income and wealth.
  • To ensure Liberty: 
The other important philosophy and ideal of the Indian Constitution is to ensure liberty to its citizens for the all round development of their personality. Accordingly, the Preamble provides for liberty of thought, expression, belief, faith and worship. The Constitution of India provides a number of Fundamental Rights to the citizens and also protects theses rights. 
  • To ensure Equality: 
Equality is the basis of a democratic state. Equality is necessary for the development of a society. Hence, the term ‘equality’ has been inserted in the Preamble to our Constitution. Equality has been guaranteed by the ‘Rule of Law’. To establish equality, our Constitution has provided for the Right to Equality as a Fundamental Right. The Indian Constitution ensures equality before the eyes of law to all persons, citizens and non- citizens. The Constitution also prohibits discrimination on grounds of religion, race, caste, sex, place of birth or any of them.
  • To promote Fraternity among the people: 
The term fraternity has been incorporated in the Preamble as a means of assuring the dignity of the individual and the unity and integrity of the nation. The term ‘dignity of the individual’ means that the personality of the individual should be recognized, because, the recognition of the personality and the dignity of the individual is an essential condition to promote fraternity among the people. To promote fraternity and a feeling of brotherhood among the people, certain attempts have been made for the removal of social distinctions and inequalities based on caste, class, creed, language, religion, region, etc. Without unity among its citizens, a state could not be successful. The framers of the Indian Constitution were fully aware of the diversities prevailing in the country. Accordingly, the word integrity was added in the Preamble by the 42nd Amendment to emphasize the fundamental unity of the country against the divisive forces of regionalism, communalism and the like.
  • India as a Welfare state: 
India is committed to the ideal of a welfare state and must establish socio- economic justice. The Preamble lays the foundation of a welfare state in India. Acharya Kripalini says, “The Preamble contains the mystic principle of a welfare state.” India is committed to democracy and respects individual liberty, providing to all her citizens, the equality of status and opportunity. The Directive Principles of State Policy involving social, economic, political and cultural goals are like instructions to the state. They, aim at establishing a welfare state in India
The Preamble to the Indian Constitution has a great significance. It is important to mention here that, in the ‘Biruberi Case’ (AIR1960 SC 845) the Supreme Court held that the Preamble is not a part of the Constitution. But the famous ‘Keshavananda Bharti – vs. - State of Kerala’ (AIR 1973 SC 1461) has held that the Preamble is a part of the Constitution. It was also held in this case that, the Preamble could be amended by the Parliament under Article 368 but the ‘Basic Structure’ of the Constitution could not be changed. Thus, the Preamble can be amended but our Parliament cannot amend the Constitution in a way that it damages or destroys the objectives specified in the Preamble. 
LET US KNOW
According to A. V. Dicey , the British jurist and constitutional theorist, Rule of Law has three meanings-
· No man can be punished except for a breach of law
· No man is above the law
· The general principles of the Constitution are the result of judicial decisions

ACTIVITY

Try to find out the names of a few republics in the world.



SALIENT FEATURES OF THE INDIAN CONSTITUTION

The Constitution of a state is not only the fundamental law of the state, but it is also like a mirror of its social, political and economic systems. The Constitution of a State is different from the Constitution of another State. Each Constitution grows and develops within a particular environment. The Constitution of India is unique in many ways. Several special features of the Indian Constitution distinguish it from many other constitutions of the world. The salient features of the Indian Constitution of India described as follows:
  • Written Constitution: 
The Constitution of India is a written document. To draft the Indian Constitution, a Drafting Committee was constituted by the Constituent Assembly under the Chairmanship of Dr. B. R. Ambedkar. The Constituent Assembly was a representative body which is indirectly elected by the people. It consisted of 389 members out of whom 296 members were elected from British India and 93 members were the ‘representatives of Native States’. The elections to the Constituent Assembly were held in 1946 and Dr. Rajendra Prasad was elected the President of the Constituent Assembly. The Drafting Committee prepared the draft of the Constitution. After long efforts, the new Constitution was finally adopted on November 26, 1949. Thus, the Indian Constitution came into force on January 26, 1950.
  • The Lengthiest Constitution: 
The Indian Constitution is the lengthiest, bulkiest and most detailed Constitution in the World. It contains 395 Articles (divided into 22 parts) and 8 Schedules at the time of its enforcement. At present, it has 444 Articles, divided into 24 parts and 12 Schedules. The Constitution of India contains a detailed list of Fundamental Rights, Directive Principles of State Policy, distribution of Powers between Centre and the States, Official Languages, Election and many other provisions over and above laying out the provisions regarding the executive, legislature and judiciary.
  • Partly rigid and partly flexible: 
The Constitution of India is neither too rigid nor too flexible. A flexible constitution is that in which its provisions may be amended or modified by ordinary legislative process, whereas, in the case of a rigid constitution, a special procedure is required to be followed for the amendment or revision of its provisions. The Indian Constitution follows three methods for amendment. Firstly, some of the provisions can be amended by a simple majority of the Parliament. Secondly, some provisions may be amended by a special majority of the Parliament and thirdly, some other provisions which are federal in character may be amended only with a joint initiative of both the Parliament and the State legislature. The framers of the Indian Constitution adopted this system so that the Indian Constitution can adopt itself to the changing circumstances while still retaining its basic characteristics. Because of all these provisions, the Indian Constitution is characterized by the mixture of flexibility and rigidity.
  • Supremacy of the Constitution: 
The Constitution of India is the supreme law of the country. All the three organs of the Government i.e.: the Executive, Legislature and Judiciary function under the Constitution of India and are controlled by it. They cannot violate the Constitution.
  • Mixture of Federal and Unitary features: 
The Constitution of India establishes India as a partly Federal and partly unitary government. The word ‘Federalism’ is not mentioned anywhere in the Constitution. It describes India as a ‘Union of States’. Because of the peculiar features of the Indian Constitution, some experts describe it as a ‘quasi-federal state’. Indian federalism is also known as ‘co-operative federalism’. Some of the federal features included in the Indian Constitution are written constitution, supremacy of the constitution, division of powers and distribution of powers between the centre and the states, a strong judiciary, bicameral legislature etc. But, India cannot be called a true federation because some non-federal features or unitary features like- a strong centre, some rigid methods of amendment of the constitution, single citizenship, common All- India services, uniformity of judiciary, emergency provisions enjoyed by the President, appointment of Governors in the States, are distinctly noticed in the Constitution. Therefore, the Constitution of India is a mixture of federal and unitary features.
  • Parliamentary Government
The Constitution of India provides for a Parliamentary form of Government on the British model. In the Parliamentary form of Government, the Head of the State is nominal, whereas the Prime Minster who is the leader of the majority in the Parliament is the real executive. In India, the President only the nominal head of our country and the real and actual powers of the government are exercised by the Prime Minister.
  • Secularism: 
Secularism is another important feature of the Indian Constitution. The word has been included in the Preamble by the 42nd Amendment in 1976. India does not recognize any religion as the state or official religion and treats all religions equally. All the people of India are given the liberty of thought, expression, belief and worship and there is no discrimination on the grounds of religion, caste or community.
  • Provision of Fundamental Rights: 
The Fundamental Rights are contained in Part-III of the Constitution from Articles 12 to 35.The framers of the Constitution derived inspiration from the ‘Bill of Rights’ from the Constitution of the U.S.A. Fundamental Rights are justiciable in the sense that a person can approach the court in case of violation of his or her Fundamental Rights. The Supreme Court of India is the Guardian of the rights and liberties of the people. They are not absolute. The Government can impose reasonable restrictions on them. The significance of the Fundamental Rights is that they protect the liberty and the freedom of the citizens against encroachment by the state. Originally, the Constitution provided for seven Fundamental Rights. But the Right to Property was abolished by the 44th Constitutional Amendment Act of 1978. At present, there are six Fundamental Rights.
  • Fundamental Duties: 
Fundamental Duties are incorporated in Article 51A of Part IVA of the Constitution by the 42nd Constitutional Amendment Act of 1976. The original Constitution did not contain the fundamental duties. The Fundamental Duties are very important. For the overall development of the country, these Duties must be performed by the citizens of India. These duties are not legally binding upon the citizens. Some of the duties include abiding by the Constitution, to defend the country and render national service, to develop the scientific temper, the safeguard public property, etc.
  • Directive Principles of State Policy: 
Another distinctive feature of the Indian Constitution is the Directive Principles of State Policy described in Part IV of our Constitution from Articles 36-51. These Directive Principles are fundamental in the governance of our Country and it is the duty of the state to apply these principles in making laws. These principles aim at securing social and economic freedoms by appropriate state action.
  • Independent and impartial Judiciary: 
A basic feature of the Indian Constitution is independence of the judiciary. The judiciary is separated from the other two organs i.e. executive and legislature. The tenure of the Judges of the Supreme Court and High Court is fixed and the judges cannot be removed by simple procedure. Independence of judiciary is very is very essential for the success of democracy.
  • Division of Powers between the Centre and the States: 
Another important feature of the Indian Constitution of India is the division of powers between the Central and State Government in terms of the Union List, the State List, and the Concurrent List. This important provision is incorporated in the Seventh Schedule of the Constitution.
  • Universal Adult Franchise: 
The Universal Adult Franchise is introduced by the Constitution and thus, all adult citizens above the age of 18 years, irrespective of their religion, caste, race, color and sex are entitled to participate in the election process.
  • Single Citizenship: 
To promote the feeling of unity and oneness among the people of India, the framers of the Indian Constitution provided for a single citizenship for its citizens. In the Federation like the United States of America single citizenship is a very important federal feature, unlike India.
  • Emergency Powers:
The emergency powers are introduced in the Indian Constitution so that the whole nation can meet with any emergency situation the country may be faced with. The emergency powers are vested in the hands of the President of India. There are three kinds of Emergency powers. These are-National Emergency (Article-352), Emergency in a State (Article 356) and Financial Emergency (Article 360).
The above are some the important salient features of the Indian Constitution which makes it one of the most unique and distinct constitutions in the world.
LET US KNOW
The National Emergency (Article-352) was declared three times respectively in 1962, 1971 and in 1975 in our country. Emergency in a State (Article 356) (commonly called President’s Rule) has been imposed many times in different States of India. Financial Emergency (Article 360) has not been declared till now.

ACTIVITY

Do you know how many times President’s Rule has been declared in Assam? Try to find out the reasons behind the same.

CHECK YOUR PROGRESS

1. The Indian Constitution has ……....................……..Schedules. (Fill in the blank).
2. Who was the Chairman of the Drafting Committee constituted by the Constituent Assembly? …………………………………………………………………....................
3. Mention four important features of the Indian Constitution.
………………………………………………………………...…………….
…………………………………………..........................…………………
4. Mention four important unitary features of the Indian Constitution?

LET US SUM UP


After going through this unit, we have read about the philosophy and ideals of the Indian Constitution as enshrined in the Preamble to the Indian Constitution. In the process, we have discussed the Preamble in detail which speaks of various aspects ranging from popular sovereignty and democracy to the principles of secularism, liberty, equality and justice. Furthermore, we have also read about the uniqueness of the Indian Constitution in terms of discussing its salient features. 

FURTHER READINGS

1. Select Constitutions – Anup Chand Kapur and K.K.Misra
2. Indian Government and Politics – K.K.Ghai
3. Constitutional Government in India – M.V.Pylee
4. Indian Government and Politics – Prakash Chander
ANSWERS TO CHECK YOUR PROGRESS

CHECK YOUR PROGRESS 1
Q. no. 1. By the 42nd Amendment in 1976.
Q. no. 2. True
Q. no. 3. The Head of the State in India, i.e., the President of India , is an elected head.
He is not a hereditary ruler. Therefore India is called a Republic.
Q.no. 4. False

CHECK YOUR PROGRESS 2
Q. no. 1. 12 Schedules
Q. no. 2. Yes
Q. no. 3. i) Written and Lengthiest Constitution
ii) Partly flexible and partly rigid Constitution
iii) Supremacy of the Constitution.
iv) Universal Adult Franchise
Q. no. 4. (i) Strong Centre (ii) Single Citizenship (iii) Common All- India Services (iv) Emergency provisions exercised by the President



                    

Major Constitutional Amendments : A Brief Survey
It will be appropriate here to describe the major Constitutional Amendment in chronological order.
The Constitution (First Amendment) Act, 1951
In June 1951, the Constitution (First Amendment) Act was passed, and the following Amendment in the Constitution were inserted : (i) To Article 15, a new clause (4) was added: (ii) clauses (2) and (6) of Article 19 were recast; (iii) After Article 31, Article 31A and 31B were inserted; (iv) For Original Article 85, a new Article was substituted; (v) In Article 87, clauses (1) and (2) were recast; (vi) For the Original Article 174, a new Article was substituted; (vii) In Article 176, clauses (1) and (2) were recast: (viii) Clause (1) of Article 341 was recast; and similarly, clause (1) of Article 342, sub-clause (a) of Article 342, sub clause (a) of clause (3) of Article 372, and clause (1) of Article 376 were also recast; (ix) After the Eight Schedule to the Constitution a Ninth Schedule was added and thirteen laws passed by State Legislatures were included in it so that those Acts might not be challenged in courts.

The main purpose of the Amendment was the removal of certain practical difficulties created by court decisions in several cases such as Kameshwar Singh vs. State of Bihar, Romesh Thapar vs. State of Madras, Brij Bhusan vs. State of Delhi and Motilalvs. Government of Uttar Pradesh. The issues involved in these cases were numerous, such as the scope of the fundamental right of freedom of speech, acquisition of Zamindari (land) of intermediaries, conflict between a citizen’s fundamental right to practise any profession, or to carry on any business or trade (Article 19) and state monopoly of any trade, and so on.
 
The Constitution (Second Amendment) Act, 1952
The Second Amendment amended Article 81 in order to remove the prescribed limit of 7,50,000 of the population for one member to be elected to the Lok Sabha. According to the original provision, at least on member was to be elected to the Lok Sabha for every 7,50,000 of the population. It was further provided that the maximum number of elected member to the Lok Sabha should not exceed 500.
 
The Constitution (Third Amendment) Act, 1954
The Third Amendment brought about changes in the Seventh Schedule consisting of the three legislative lists and entry 33 of the Concurrent List was substituted by a new one.
 
The Constitution (Fourth Amendment) Act, 1955
Article 31 and 31A were amended by the Constitution Fourth Amendment Act. Clause (2) of Article 31 clause (1) of Article 31A were substituted by new clauses as. As a result of these, the adequacy of the quantum of compensation paid for the compulsory acquisition of property for ‘a public purpose’ could not be questioned in a court of law. It also amended Article 305 and the Ninth Schedule.
 

The Constitution (Fifth Amendment) Act, 1955
The Constitutional Fifth Amendment Act amended Article 3. in the Constitution there was no time limit during which a State Legislature should express its boundaries, which the Centre may like to make. With the help of this amendment is was provided that the State will be required to express its views on such matters within such period as may be specified in the reference or within such further period, as the President may allow.
 
The Constitution (Sixth Amendment) Act, 1956
In this Act, the Seventh Schedule to the Constitution was amended and in the Union List, a new entry was added after entry 92 in the State List, a new entry was substituted for entry 54. it also amended Articles 269 and 286 dealing with inter-state Sales-tax.

The Constitution (Seventh Amendment) Act, 1956
The Seventh Amendment brought about the most comprehensive changes so fair in the Constitution. This amendment was designed to implement the State Reorganisation Act. The Second and Seventh schedules were substantially amended for the purpose of the States Reorganization Act.
 
The Constitution (Eight Amendment) Act, 1959
The Act extended the period of reservation seats in Lok Sabha and State Legislatures for the Anglo-Indians, the Scheduled Castes and Scheduled Tribes by another 10 years.

The Constitution (Ninth Amendment) Act, 1960
It provided for the transfer of certain territories of India to Pakistan under and agreement between India and Pakistan as a part of a comprehensive settlement of border disputes between the two countries.

The Constitution (Tenth Amendment) Act, 1961
The Tenth Amendment integrates the areas of Free Dadra and Nagar Haveli with the Union of India and provides for their administration under the regulation making powers of the President.

The Constitution (Eleventh Amendment) Act, 1961
It amends Article 71 so as to make it clear that the election of the President or the Vice-President shall not be challenges on the ground of any vacancy for whatever reason in the appropriate electoral college. It also obviates the necessity of a joint meeting of the two Houses of Parliament (Article 66) by constituting them into an electoral college for the election of the Vice-President.

The Constitution (Twelfth Amendment) Act, 1962
The main object of the Amendment was to add Union Territories of Goa, Daman and Diu to the Union of India and for this First Schedule of the Constitution was amended.
 
The Constitution (Thirteenth Amendment) Act, 1962
The Act provides the creation of Nagaland as the Sixteenth State of the Union. The Amendment provides also for the vesting of certain special responsibilities in the Governor of Nagaland.

The Constitution (Fourteenth Amendment) Act, 1962
The amendment provides for the incorporation of the former French Establishments in India, under the name Pondicherry, as an integral part of the territory of the Indian Union. it also amended Article 31 to increase, from a maximum 20 to 25, the number of seats assigned in the Lok Sabha for the Union Territories.
 
The Constitution (Fifteenth Amendment) Act, 1963
The amendment raised the retirement age of High Court. Judge from 60 to 62 years. It also empowered the various High Courts to hear cases against to the Union Government.
 
The Constitution (Sixteenth Amendment) Act, 1963
The Act seeks to enable Parliament to make laws provident penalty for any person questioning the sovereignty and integrity of India. Under the provisions of the this Amendment, a person shall not be qualified to be chosen to fill a seat in Parliament or in the Legislature of State unless, inter-alia, he maker or subscribes before a person authorised by the Election Commission an oath or affirmation that he will bear true faith and allegiance to the Constitution and will uphold the sovereignty and integrity of India.
 
The Constitution (Seventeenth Amendment) Act, 1964
The Act amend the definition of the term ‘estate’ in Article 31A to include lands held under ryotwari settlement and also other lands in respect of which provisions are normally made in land reform enact-ments. It also amends the Ninth Schedule of the Constitution to include therein 44 State enactment relation to land reforms in order to remove any uncertainty or dobut that may arise with regard to their validity.
 
The Constitution (Eighteenth Amendment) Act, 1966
The amendment provides for the creation of new States, namely, Punjab and Haryana as a result of the reorganisation of the former State of Punjab and the Union Territory of Himachal Pradesh.

The Constitution (Nineteenth Amendment) Act, 1966
The Act modified Article 324 so as to terminate the jurisdiction of election tribunals to decide election disputes. The Amendment withdrew from the Election Commission the power of setting up election tribunals.

The Constitution (Twentieth Amendment) Act, 1966
The Act inserts a new Article 233A immediately after Article 233 in order to validate the appointment of District Judges, which might not have conformed fully to the different Constitutional requirements, which were in existent prior to 1966.
 
The Constitution (Twenty-first Amendment) Act, 1967
It amended the Eight Schedule to the Constitution by including ‘Sindhi’ therein.                                     

The Constitution (Twenty-second Amendment) Act, 1969
The amendment conferred legislative power on Parliament for the purpose of creating and autonomous Hill State within the State of Assam. Accordingly, Parliament passed the Assam Reorganization (Meghalaya) Act 1969 to set up the State of Meghalaya within the State of Assam.

The Constitution (Twenty-third Amendment) Act, 1969
It deals with the questions of reservation of seat in Parliament and State Assemblies for Scheduled Castes, Scheduled Tribes and Anglo-Indian and further extend the period of reservation by another ten years, which means in effect thirty years from the commencement of the Constitution.

The Constitution (Twenty-fourth Amendment) Act, 1971
It amends Article 13 and 368 with a view to removing all possible doubts regarding the power of Parliament to amend the Constitution and procedure thereof. It gets over the Golak Nath ruling and asserts the power of Parliament, denied to in the Golak Nath, to amend fundamental rights.

The Constitution (Twenty-fifth) Amendment Act, 1971
The 25th amendment of the Constitution in 1971 added a new clause, Article 31C to the Constitution. Upto 1971, the position was that fundamental rights prevailed over the directive principles of State Policy and that a law enacted to implement a directive principle could not be valid if it conflicted with a fundamental right. Article 31C sought to change this relationship to some extent by conferring primacy on Articles 39(b) and 39(c) over Articles 14, 19 and 31.
 
The Constitution (Twenty-sixth Amendment) Act, 1971
It abolishes Articles 291 and 362 of the Constitution and also inserts a new Article 362A after Article 363. the cumulative effect of these changes is the end of the recognition granted to the former rulers of Indian States and the abolition of Privy Purses.
 
The Constitution (Twenty-seventh Amendment) Act, 1971
The Act was enacted to implement the decision to establish the Union Territory of Mizoram. It empowered Parliament to create a legislature and Council of Minister for the new territory.

The Constitution (Twenty-eight Amendment) Act, 1972
The amendment deletes Article 314 of the Constitution, whish had given protection to the I.C.S. Officers, condition of service and privileges and inserted a new Article 312A.

The Constitution (Twenty-ninth Amendment) Act, 1972
By the twenty-ninth Amendment Act, 1972 two Kerala Acts dealing with land reforms were included in the 9th Schedule to the Constitution.
 
The Constitution (Thirtieth Amendment) Act, 1972
By this amendment Article 133 was recast so as to redefine the Civil Appellate Jurisdiction of the Supreme Court. The result of this Amendment is that while any case involving an important question of law can reach the Supreme Court by way of appeal, a case however large the amount involved therein but involving no substantial point of law, would fail to reach the Supreme Court.


The Constitution (Thirty-first Amendment) Act, 1973
By this amendment, the strength of the Lok Sabha was increased from 525 to 545 members. This was done to accommodate the increase in population as revealed by the 1971 Census. Accordingly, Article 81(i)(a) was suitably amended.
 
The Constitution (Thirty-second Amendment) Act, 1973
The amendment Act was enacted to make few special provisions for the State of Andhra Pradash to satisfy the aspirations of the people of the Telangana region.

The Constitution (Thirty-third Amendment) Act, 1974
It amended Articles 101 and 190. Before this Amendment, the resignation of a member of legislature became effective the moment it was tendered. This position is now changed. A resignation becomes effective only after it has been accepted by the Presiding Officer of the House concerned who may refuse to accept the same if he is satisfied that the resignation is not voluntary or genuine. This precautionary provision appeared to be necessary to avoid the members of Parliament or state legislatures being forced to resign.
 
The Constitution (Thirty-fourth Amendment) Act, 1974
By this amendment twenty State Acts concerning land ceiling and land tenure reforms were added to the Ninth Schedule to the Constitution.
 
The Constitution (Thirty-fifth and Thirty-sixth Amendment) Acts, 1974-1975
The 35th Amendment Act introduced and innovation in the Indian Constitution by conferring on Sikkim the status of an associate in the Indian Union. This was however, a short-lined experiment. The people of Sikkim desired to be and integral part of India. Accordingly, the Constitution Thirty-sixth Amendment Act was enacted in 1975 to confer full-fledged statehood on Sikkim.
 
The Constitution (Thirty-seventh Amendment) Act, 1975
The Amendment upgraded the status of Arunachal Pradesh as a Union Territory. Articles 239A and 240 were amended so as to authorize Parliament to create for Arunachal Pradesh a Legislature and Council of Ministers.
 
The Constitution (Thirty-eight Amendment) Act, 1975
This Amendment Act was enacted during the emergency to make certain modification in the emergency provisions. The Presidential ‘satisfaction’ to issue a proclamation was declared to be final and conclusive. A classificatory clause was added to Article 356(1) so as to make Presidential ‘satisfaction’ to issue a proclamation there under as ‘final and conclusive’ which shall not be questioned in any court on any ground.

This Amendment also declared that the ‘satisfaction’ of the president and a State Governor to issue ordinances would be ‘final and conclusive’ and shall not be questioned in any court on any ground’.
 
The Constitution (Thirty-ninth) Amendment) Act, 1975
The voiding of the election the Lok Sabha of PM Indira Gandhi by the Allahabad High Court in 1975 on the pertion of Raj Narain led to the enactment of the 39th Amendment Act, 1975. it introduced changes in the method deciding election disputes relating to the four high official of the state, viz. President, Vice-President, Prime Minister and the Speaker. Under the new Article 71(2), Parliament by the law was to establish some ‘authority’ or ‘body’ for deciding such disputes, and its decisions have not be challengeable in any court.
 
The Constitution (Fortieth Amendment) Act, 1976
The Amendment Act extended immunity to 64 Central and State statues by including them in the IX Schedule. These statues pertained to lad reform, Urban Ceiling and prevention of publication of objectionable matter.
 
The Constitution (Forty-first Amendment) Act, 1976
The Constitution Forty-first Amendment Act, 1976 raised the age of retirement of the chairman and members of state public service Commissions from 60 to 62.
 
The Constitution (Froty-second Amendment) Act, 1976
The 42nd Constitutional Amendment Act brought a number of changes in the Constitution. The Act inter-alia gave preponderance to the Directive Principles of State Policy over the Fundamental Rights. Established the supremacy of Parliament and curtailed the powers of Judiciary. The Act was first of its kind. Is was the most comprehensive Act and touched almost all the sensitive areas of the Constitution. The Amendment was meant to enhance enormously the strength of the Government.

The major Amendments made in the Constitution by the 42nd Amendment Act are:                         
Preamble
The characterization of India as ‘Sovereign Democratic Republic’ has been changed to ‘Sovereign Socialist Secular Democratic Republic’. The words ‘Unity of the nation’ have been changed to ‘Unity and integrity of the nation’.

Parliament and state legislatures : The life of the Lok Sabha and State Legislative Assemblies was extended from 5 to 6 years.

Executive : It amended Article 74 to state explicitly that the President shall act in accordance with the advice of the Council of Ministers in discharge of his functions.

Judiciary : The 42nd Amendment Act inserted Article 32A in order to deny the Supreme Court the power to consider the Constitutional validity of a State law. Another new provision. Article 131A, gave the Supreme Court and exclusive jurisdiction to determine question relating to the Constitutional validity of a central law.

Article 144A and Article 128A, the creatures of Constitutional Amendment Act made further innovation the area of judicial review of the Constitutionality of legislation. Under Article 144A the minimum number of judges of the Supreme Court to decide a question of a Constitutional validity of a central or State law was fixed as at least seven and further, this required two-two-thirds majority of the judges sitting declare law as unconstitutional. While the power of the High Court enforce fundamental rights remained untouched, several restrictions were imposed on its power to issue writs ‘for any other purpose’.

Federalism : The Act added Article 257A in the Constitution to enable the Centre to deploy any armed force of the union, or any other force under its control. For dealing with any grave situation of law and order in any State.

Fundamental Rights and Directive Principles: A major change that was made by 42nd Constitutional Amendment was to give primacy to all directive principles over the fundamental right contained in Articles 14, 19 or 31. the 42nd Constitutional Amendment added a few more directive principles free legal aid, participation of workers in management of industries, protection for environment and protection of forests and wildlife of the country.

Fundamental Duties : The 42nd Amendment Act inserted Article 51-A to create a new part called IV-A in the Constitution, which prescribed the fundamental duties to the citizens.

Emergency : Prior to 42nd Amendment Act, the President could declare emergency under Article 352 throughout the country and not in a part of the country alone. The Act authorised the President to proclaim emergency in any part of the country.

The dominant thrust of the Amendment was to reduce the role of courts, particularly, that of the High Courts. It also sought to strengthen Parliament in various ways which in effect, added to the power of the Central Government it drew enormous criticism particularly for it was pushed through during Emergency.
 
The Constitution (Forty-third Amendment) Act, 1977
In 1977, the Emergency came to an end the Janata Party came into power. It made an election pledge that it would repeal the 42nd Amendment and restore the status quo ante. The 43rd Amendment repealed some of the provisions of the 42nd Amendment. Article 31D has also been omitted.
 
The Constitution (Forty-forth Amendment) Act, 1978
The 44th Amendment passed in 1978 undid most of the distortions introduced into the Constitution by the 42nd Amendment of the Constitution. The salient features of the Amendment Act are as follows :
  1. It reduced the life of Lok Sabha and State Legislative Assemblies again to five years and thus restored thestatus quo ante.
  2. It cancelled 39th Amendment which had deprived the Supreme Court of its jurisdiction to decide disputes concerning election of the President and the Vice-President.
  3. A new provision was added to Article 74(1) saying that the President cold require the council of ministers to reconsider its advice to him, either generally or otherwise and the President should Act in accordance with the advice tendered after such re-consideration.
  4. Article 257A was omitted.
  5. It has been provided that an Emergency can be proclaimed only on the basic of written advice tendered to the President by the cabinet.
  6. Right the property has been taken out from the list of Fundamental Rights and has been declared a legal right.
     
The Constitution (Forty-fifth Amendment) Act, 1980
The purpose of the Amendment was to continue reservation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha and the State Assemblies for another 10 years, i.e., upto 1990. the same concession is extended to the Anglo-Indians who may have representation by nomination in these chambers.
 
The Constitution (Forty-sixth Amendment) Act, 1982
The Forty-sixth Amendment enables the State Governments to plug loopholes and realise sales-tax dues on the one hand and on the other aims at bringing about some uniformity in tax rates in case of certain items.
 
The Constitution (Forty-seventh Amendment) Act, 1984
This Amendment adds 14 State Acts dealing with land to the IX Schedule.
 
The Constitution (Forty-eight Amendment) Act, 1984
The purpose of the Amendment was to extend President’s rule in Punjab for two years. Under Article 356(5) President’s rule can last in a State for a maximum period of one year. But the conditions in Punjab did not permit holding of fresh elections and accordingly, extension of President’s rule became imperative.
 
The Constitution (Forty-ninth Amendment) Act, 1984
the purpose of this Amendment is to take out the Tribal areas of Tripura from Schedule V and put them in Schedule VI.
 
The Constitution (Fiftieth Amendment) Act, 1984
This Amendment substitutes an expounded Article 33 for the old Article by the new Article 33, Parliament is authorised to curtail the fundamental rights of the members of the armed forces, forces charged with the maintenance of public order, intelligence organisations or telecommunication systems set up for any force or intelligence bureau, with a view to ensure the proper discharge of duties by and maintenance of discipline among those persons in the interest of country’s security.
 
The Constitution (Fifty-first Amendment) Act, 1984
 the Amendment effectuates some changes in Articles 330 and 332 with a view to provide for reservation of seats in the Lok Sabha for Scheduled tribes in Meghalaya, Aruncahal Pradesh and Mizoram, as well as in the Legislative Assemblies of Nagaland and Meghalaya.
 
The Constitution (Fifty-second Amendment) Act, 1985
The amendment is designed to prevent the scourge of defection of members of Parliament and State legislatures from one political party to another.
 
The Constitution (Fifty-third Amendment) Act, 1986
The amendment Act elevated the Union Territory of Mizoram to the status of a State.
 
The Constitution (Fifty-fourth Amendment) Act,1986
The Salaries of the Judges of the Supreme Court and the High Courts have been enhanced by the 54th Amendment Act, 1986. accordingly, a Judge of the Supreme Court gets a salary of Rs. 9,000 per mensem and the salary of the Chief Justice is Rs. 10,000 per mensem. A Judge of the High Court gets a salary of Rs. 8,000 per mensem and the salary of the Chief Justice of the High Courts is Rs. 9,000 per mensem.
 
The Constitution (Fifty-fifth Amendment) Act, 1986
The Union Territory of Arunchal Pradesh was elevated to the status of a State by the 55th Amendment Act.
 
The Constitution (Fifty-sixth Amendment) Act, 1987
Constitution (56the Amendment) Act, 1987 inserting Article 394A, to make the Hindi text of the Constitution authoritative.
 
The Constitution (Fifty-seventh Amendment) Act, 1987
The Constitution (57th Amendment) Act, 1987 with the Goa, Daman and Diu Reorganisation Act, 1987 lifts Goa from the status of Union Territory to that of the 25th State of the Union of India.
 
The Constitution (Fifty-eight Amendment) Act, 1987
The Amendment Act provides the reservation of seats for tribals in the Legislative Assemblies of Arunchal Pradesh, Meghalaya, Mizoram and Nagaland.
 
The Constitution (Fifty-ninth Amendment) Act, 1988
The Act empowered the Government to impose emergency in Punjab on the grounds that india’s integrity was threatened by internal disturbances.
 
The Constitution (Sixtieth Amendment) Act, 1988
The Amendment Act authoriese State Governments to increase the ceiling on professional tax from Rs. 250 to Rs. 2,500 per person per annum.

The Constitution (Sixty-first Amendment) Act, 1988
The 61st Amendment reduces the voting age from 21 years to 18 years for the Lok Sabha and Assembly election.
 
The Constitution (Sixty-second Amendment) Act, 1990
The 62nd Amendment Act extends by 10 years the reservation of seats for the Scheduled Castes and Scheduled Tribes in the Lok Sabha and State Assemblies as well as nomination representatives of the Anglo-Indian community.
 
The Constitution (Sixty-third Amendment) Act, 1990
The Amendment Act repealed the 59th Constitution amendment which empowered the Government to impose emergency in Punjab.

The Constitution (Sixty-fourth Amendment) Act, 1990
The Amendments Act seeks to extend President’s rule in Punjab for further six months.                       

The Constitution (Sixty-fifth Amendment) Act, 1990
Article 338 of the Constitution has been amended for the Constitution of a National Commission for Scheduled Castes and Scheduled Tribes consisting of a chairperson, vice-chairperson and five other members who shall be appointed by the President by warrant under his hand and seal.

The Constitution (Sixty-sixth Amendment) Act, 1990
The Act protects fifty-five State Acts relating to land reforms and ceiling on agricultural land holdings, enacted by States of Andhra Pradesh, Karnataka, Kerala, Madhya Pradesh, West Bengal and Union Territory of Pondicherry, from challenge in courts, by including them in the Ninth Schedule to the Constitution.

The Constitution (sixty-seventh Amendment) Act, 1991
The Amendment Act seeks to extend President’s rule in Punjab for further six months i.e., upto may 10,1991.


The Constitution (Sixty-eight Amendment) Act, 1991
The Amendment Act seeks to extend President’s Rule in Punjab for further six months after May 1991.

The Constitution (Sixty-ninth Amendment) Act, 1991
The Amendment Act seeks grant of Statehood to Delhi as ‘National Capital Territory of Delhi’. It also provides a 70 member assembly and a 7 member Council Ministers for Delhi.

The Constitution (Seventy Amendment) Act, 1992
It facilitates for members of Delhi and Pondicherry assemblies to participate in the election of the President.

The Constitution (Seventy-first Amendment) Act, 1992
The amendment facilitates for the inclusion of Napali, Manipuri and Konkani in the eight schedule of the Constitution. With the inclusion of these three languages, the number of languages in the Eight Schedules goes up to 18.

The Constitution (Seventy-second Amendment) Act, 1992
For restoring peace and harmony in the areas of the State of Tripura where disturbed conditions prevailed, Memorandum of Settlement was signed by the Government of India with Tripura National Volunteers on August 12,1988.

In order to implement the said Memorandum, Article 332 of the Constitution (Seventy-second Amendment) Act, 1992 for making a temporary provision for the determination of the number of seats reserved for the Scheduled Tribes in the State Assemble of Tripura, until the re adjustment of seats is made on the basis of the first census after the year 2000 under Article 170 of the Constitution

The Constitution (Seventy-third Amendment) Act, 1992
The Seventy-third Constitutional Amendment Act, 1992 was passed by the Parliament on December 22nd, 1992 which was notified by the Central Government through Official Gazette on April 20,1993 as it gote rectification by the State legislatures and was assented to by the President of India. After notification the Panchayati Raj institutions have now got Constitutional legitimacy.

After part VIII of the Constitution a separate part IX has been added to the Constitution with the addition in Article 243A and fresh schedule called Eleventh schedule enumerating the powers and functions of Panchayti Raj Institutions has been incorporated. The Act provides for Gram Sabha, a three-tiermodel of Panchayati Raj, reservation of seats for SCs and STs in proportion to their population and one-third reservation of seats for women.
 
The Constitution (Seventy-fourth Amendment) Act, 1992
The Act provides constitutional status to urban local bodies. After part VIII of the Constitution a separate part IXA has been added to the Constitution with the addition in Article 243A and fresh schedule called Twelfth schedule enumerating the powers and functions of urban local bodies has been incorporated. The Act provides Municipal Panchayat, Municipal Council and Municipal Corporation, reservation of seats for SCs and STs in proportion to their population and one-third reservation of seats for women.

The Constitution (Seventy-fifth Amendment) Act, 1993
It has amended Article 323-B and added a new clause (h) providing for establishment of tribunals for rent control cases.

The Constitution (Seventy-sixth Amendment) Act, 1994
This Amendment Act raises the reservation quota of government jobs and seats for admission in the educational institutions in favour of socially and educationally backward classes to 69 per cent in Tamil Nadu. Further, the Amendment Act has been included in the Ninth Schedule of the Constitution to exempt it from the purview of judicial scrutiny.

The Constitution (Seventy-eight Amendment) Act, 1995
This Amendment has added a new clause (4-a) to Article 16 of the Constitution which empowers the State to make any provisions for reservation in promotions in Government jobs in favour of SCs and STs, if it is of opinion that they are inadequately represented in the services under the State. This has been done to nullify the effect of the Supreme Court Judgment in the Mandal Commission Case (Indra Sawhney vs. Union of India) in which the Court has held that reservation in promotions cannot be made.

The Constitution (Seventy-eight Amendment) act 1995
This amendment has amended the Ninth schedule of the Constitution and inserted 27 Land Reform Act of Various States in the Ninth Schedule. After this the total number of Act included in the Ninth Schedule has gone upto 284. now these Acts cannot be challenged in the courts on the plea for the violation of Fundamental Rights.

The Constitution (Seventy-ninth Amendment) Act 1999
By this Act the Government has extended the reservation of seats for the Scheduled Castes and the Scheduled Tribes as well as fro the Anglo-Indians in the House of the People and in the Legislative Assemblies of the States for another ten years.

The Constitution (Eightieth Amendment) Act, 2000
Based on the recommendations of the Tenth Finance Commissions, an alternative scheme for sharing taxes between the Union and the State has been enacted by the Constitution (Eightieth Amendment) Act, 2000. Under the new scheme of devolution of revenue between Union and the States, 26 per cent out of gross proceeds of union taxes and duties is to be assigned to the States in lieu of their existing share in the income-tax, excise duties special excise duties and grants in lieu of tax on railway passenger fares.

The Constitution (Eighty-first Amendment) Act, 2000
By this amendment the unfilled vacancies of a year which reserved for the Scheduled Castes and the Scheduled Tribes for being filled up in that year in accordance with any provision of reservations made under Article 16 of the Constitution shall be considered as a separate class of vacancies to be filled up in any succeeding year or years, and such class of vacancies shall not be considered together with the 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.

The Constitution (Eighty-second Amendment) Act, 2000
The amendment provides that nothing in Article 335 shall prevent the State from making any provisions in favour of the members of the Scheduled Castes and the Scheduled Tribes for relaxation in qualifying marks in any examination or lowering the standards of evaluation for reservation in matters of promotion to any class or classes of services or posts in connection with affairs of the Union or of a State.

The Constitution (Eighth-third Amendment) Act, 2000
The Act amended0 Article 243M of the Constitution to provide that no reservation in Panchayats need be made in favour of the Scheduled Castes in Arunachal Pradesh wholly inhabited by tribal population.

The Constitution (Eighty-fourth Amendment) Act, 2001
The Act amended provisions to Article 82 and 170(3) of the Constitution to readjust and rationalise the territorial constituencies in the States, without altering the number of seats allotted to each State in the House of People and Legislative Assemblies of the States, including the Scheduled Castes and Scheduled Tribes Constituencies, on the basis of the population ascertained at the census for the year 1991 so as to remove the imbalance caused due to uneven growth of population/electorate in different constituencies.

The Constitution (Eighty-fifth Amendment) Act, 2001
This Act amended Article 16 (4A) of the Constitution to provide for consequential seniority in the case of promotion by virtue of rule of reservation for Government servants belonging to the Scheduled Castes and the Scheduled Tribes.

The Constitution (Eighty-sixth Amendment) Act, 2002
With a view to making right to free and compulsory education a fundamental right, the Act inserts a new Article, namely, Article 21A conferring on all children in the age group of 6 to 14 years the right to free and compulsory education. The Act amends in Part-III, Part –IV and Part-IV(A) of the Constitution.

The Constitution (Eighty-seventh Amendment) Act, 2003
The Amendment provides for readjustment of electoral constituencies, including those reserved for the Scheduled Castes and the Scheduled Tribes, based on the population census for the year 2001, without affecting the number of seats allocated to States in the legislative bodies.

The Constitution (Eighty-Eight Amendment) Act, 2003
The Act amends Article 268, 270 and VIIth Schedule of the Constitution. It adds 92C just after 92B and makes provisions for Tax on Services.

The Constitution (Eighty- ninth Amendment) Act, 2003
The Act adds Article 338A and provides for the creation of National Commission for Scheduled Tribes.

The Constitution (Ninetieth Amendment) Act, 2003
The Act amends Article 332 and adds section (6) regarding representation in the Bodo Territorial Areas District in the State of Assam.

The Constitution (Ninety-one Amendment) Act, 2003
The Act makes provisions for limiting the size of the Council of Ministers at the center and in the States and gives teeth to debar a defector from holding any remunerative political post for the remaining tenure of the legislature unless re-elected.

The Constitution (Ninety- two Amendment) Act, 2003
The Amendment facilitates for the inclusion of Bodo, Dogari, Maithili and Sanhali in the VIII Schedule of the Constitution. With the inclusion of these four languages, the number of languages in the VIII Schedule goes upto 22.

Ninety- third Amendment (2005)
Providing reservation for the socially and educationally backward classes, besides the Schedules Castes and the Scheduled Tribes, in private unaided educational institutions.
 
Ninety-fourth Amendment (2006)
The Constitution provides that there shall be Minister in charge of tribal welfare who may in addition be in charge of the welfare of the Scheduled Casts and backward classes or any other work in the State of Bihar, Madhya Pradesh and Orissa




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