Indian Constitution, Polity and Governance
Topic: Some important Amendments of the Constitution
- 1st Constitutional Amendment Act, 1951:This amendment added Article, 15(4) and Article, 19(6) and brought changes in the right to private property in pursuance with the decision of Supreme Court concerning fundamental rights. Ninth schedule to the Constitution was also added by it.
- 7th Constitutional Amendment Act, 1956 :Through this amendment the implementation of State Reorganization Act, was made possible. The categorisation of States into Part A, Part B and Part C ceased henceforth. Part C states were redesignated as Union Territories. The seats in the Rajya Sabha and in the Union and State Legislatures were reallocated. It also effected changes regarding appointment of additional and acting judges, High Courts and their jurisdictions etc.
- 10th Constitutional Amendment Act, 1961 :Incorporated Dadra and Nagar Haveli as Union Territory.
- 12th Constitutional Amendment Act, 1962 :Inclusion of territories of Goa, Daman and Diu into the Indian Union
- 13th Constitutional Amendment Act, 1962 :Insertion of Art. 371 A to make special provisions for the administration of the State of Nagaland.
- 14th Constitutional Amendment Act, 1962 :Pondicherry, Karaikal, Mahe and Yenam, the former French territories, were specified in the Constitution as the Union Territory of Pondicherry (now Puducherry). Enabled the UTsof Himachal Pradesh, Manipur, Tripura, Goa, Daman and Diu and Pondicherry to have Legislatures and Council of Ministers.
- 15th Constitutional Amendment Act, 1963 :It raised the age of retirement of a High Court Judge from 60 to 62. Extended the jurisdiction of a High Court to issue writs under Art. 226 to a Government or authority situated outside its territorial jurisdiction where the cause of action arises within such jurisdiction.
- 16th Constitutional Amendment Act, 1963 :Changes were effected in Art. 19 to enable the Parliament to make laws providing reasonable restrictions on the freedom of expression in the larger interests of sovereignty and integrity of India. Amendments were made in the form of oath contained in the third Schedule with emphasis on upholding the sovereignty and integrity of India.
- 19th Constitutional Amendment Act, 1966 : 324 was amended to clarify the duties of the Election Commission. It deprived the Election Commission of the power to appoint election tribunals for deciding election disputes of members of Parliament and State Legislatures.
- 21st Constitutional Amendment Act, 1967 :Sindhi language was included as 15th regional language in the Eighth Schedule.
- 24th Constitutional Amendment Act, 1971 :It was a retaliatory act of the Parliament to neutralise the effect of the judgement in Golak Nath Case. It affirmed the parliament’s power to amend any part of the Constitution, including Fundamental Rights by amending Arts. 368 and 13.It made obligatory for the President to give assent to Amendment Bills, when they are presented to him/her.
- 25th Constitutional Amendment Act, 1971 (came into force on 20.04.1972):It restricted the jurisdiction of the Courts over acquisition laws with regard to adequacy of Compensation. This amendment came primarily in the wake of Bank Nationalisation case and the word ‘amount’ was substituted in place of ‘compensation’ in Article 31. It also provided that no law passed by the State to give effect to Directive Principles specified under clauses (b) and (c) of Art. 39 can be declared void on the ground that it was inconsistent with Fundamental Rights conferred by Arts. 14, 19 and 3l.
- 26th Constitutional Amendment Act, 1971 :This amendment withdrew the recognition to the rulers of Princely States and their privy purses were abolished.
- 30th Constitutional Amendment Act, 1972 (w.e.f. 27.02.1973) :It provided that only such appeals can be brought to the Supreme Court which involve a substantial question of law. The valuation aspect of Rs. 20,000 for appeals in civil cases to the Supreme Court was abolished.
- 31st Constitutional Amendment Act, 1973:By this amendment, the seats of the Lok Sabha was increased from 525 to 545 but reduced the representation of UTs in Lok Sabha from 25 to 20.
- 35th Constitutional Amendment Act, 1974(w.e.f. 01.03.1975) :Accorded status of Associate State to Sikkim by ending its protectorate kingdom status which was a novel concept introduced in the Constitution.
- 36th Constitutional Amendment Act, 1973: Made Sikkim a full fledged State of the Union of India.
- 38th Constitutional Amendment Act, 1975 : Clarified that declaration of emergency by the President and promulgation of Ordinance by the President or Governor cannot be challenged in any Court on any ground. 39th Constitutional Amendment Act, 1975:The disputes or questions regarding elections of President, Vice-President, Prime Minister and Speaker of Lok Sabha were taken out of the purview of judicial review of the Supreme Court or High Courts.
- 42nd Constitutional Amendment Act.. 1976 (Mini Constitution) : The 42nd Amendment made fundamental changes in the constitutional structure and it incorporated the words ‘SOCIALIST’, ‘SECULAR’ and ‘INTEGRITY’ in the Preamble. Fundamental Duties were added in Part IVA. Directive Principles were given precedence over Fundamental Rights and any law made to this effect by the Parliament was kept beyond the scope of judicial review by the Court. It made the power of Parliament supreme so far as amendment to the Constitution was concerned. It authorised the Supreme Court to transfer certain cases from one High Court to another and redefined the writ jurisdiction of the High Courts. It provided for Administrative Tribunals for speedy justice. It empowered the Centre to deploy armed forces in any State to deal with the grave law and order situation. It authorised the President to make Proclamation of Emergency for any part of the country or to whole of India. It made it obligatory for the President to act on the advice of the Council of Ministers. Tenure of the Lok Sabha and the State Assemblies was increased by one year. 43rd Constitutional Amendment Act, 1977 (w.e.f. 13.04.1978) : The 43rd Amendment omitted many articles inserted by 42nd Amendment. It restored the jurisdiction of the Supreme Court and the High Courts, which had been curtailed under the 42nd Amendment.
- 44th Constitutional Amendment Act, 1978 (w.e.f. June-September. 1979): The amendment was brought by the Janata Party Government which repealed some of the changes effected by 42nd Amendment, omitted a few and provided alterations. Right to property was taken away from the list of Fundamental Rights and placed in a new Art. 300A as an ordinary legal right. Constitutionality of the Proclamation of Emergency by the President could be questioned in a court on the ground of malafide (42ndAmendment had made it immune from judicial review). It brought the revocation of a Proclamation under Parliamentary control. In Article 352 regarding National Emergency, the words’ internal disturbance’ were substituted by the words’ armed rebellion’. It authorised the President to refer back the advice to the Council of Ministers for reconsideration, but made it binding for the President to act on the reconsidered advice. The power of the Courts to decide disputes regarding election of Prime Minister and Speaker was restored. Constitutional protection on publication of proceedings of Parliament and State Legislatures was provided.
- 52nd Constitutional Amendment Act, 1985 : This amendment was brought about during Rajiv Gandhi regime with a view to put an end to political defections. It added Tenth Schedule to the Constitution containing the modes for disqualification in case of defection from the Parliament or State Legislature.
- 55th Constitutional Amendment Act, 1986 (w.e.f. 20.02.1987) :The formation of Arunachal Pradesh took place with special powers given to the Governor. It also provided for a 30-member State Assembly.
- 56th Constitutional Amendment Act, 1987 :Goa was made a full fledged State with a State Assembly but Daman and Diu stayed as UT.
- 57th Constitutional Amendment Act, 1987 :It provided for reservation of seats for Scheduled Tribes of Nagaland, Meghalaya, Mizoram and Arunachal Pradesh in Lok Sabha. Seats were also reserved for the Scheduled Tribes of Nagaland and Meghalaya in the State Assemblies of Nagaland and Meghalaya.
- 58th Constitutional Amendment Act, 1987 : An authoritative text of the Constitution in Hindi was provided to the people of India by the President.
- 59th Constitutional Amendment Act, 1988 : It amended Art. 356 to provide that the declaration of Emergency may remain in operation upto 3 years and also authorised the Government to proclaim emergency in Punjab on ground of ‘internal disturbance’. The amendment made in Art. 352 thus provided that the emergency with respect to Punjab shall operate only in that State.