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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.
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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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
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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:
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 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.
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.
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.
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.
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 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.
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 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.
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.
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.
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.
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.
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.
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.
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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. |
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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 |
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Major Constitutional Amendments : A Brief Survey
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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
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 :
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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