Here’s The List Of Significant Amendments To The Constitution
Introduction
The procedure of amending the Constitution is referred to as a constitutional amendment. The parliament has the authority to change the constitution under Article 368 of Part XX. The Fourth Amendment Act of 1955, the 17th Amendment Act of 1964, the 21st Amendment Act of 1967, the 31st Amendment Act of 1973, and others are considered the most significant constitutional modifications to the Indian Constitution.
Important Amendments To The Constitution
• The rigor and flexibility of the Indian Constitution are combined. There are several fundamental principles that have influenced previous generations, our age, and future generations.
• However, our founding fathers understood that social life is dynamic and that the constitution ought to leave room for future demands.
• The parliament has the authority to change the constitution under Article 368 of Part XX.
• Any provision of the constitution, including the fundamental rights, may be amended by the parliament.
• However, the Supreme Court ruled in the Kesavananda Bharati case (1973) that the constitution's "basic structure" might be changed. The Constitution has undergone the major amendments listed below.
First Amendment Act 1951
• It gives states the authority to achieve socioeconomic justice for economically and socially disadvantaged groups.
• It was intended to abolish Zamindari and implement land reforms.
• The ninth schedule was added to shield anti-zamindari legislation from court examination.
• Public order, goodwill towards other countries, and incitement to commit a crime were added as justifications for reasonable limitations on the right to free speech and expression. It became justiciable as a result.
• It said that the freedom to trade or operate a business would not be regarded to be violated by state trading or the nationalization of any enterprise.
Fourth Amendment Act 1955
• Enables the state to nationalize any industry.
• Provided that state's compensation payment for the purchase of the property cannot be contested in court on the grounds that it is insufficient.
• Increased the application of article 31 (C) and added more laws to the ninth schedule.
Seventh Amendment Act 1956
• Indian states were reorganized into 14 states and 6 UTs.
• Abolished the outdated classification of states into A, B, C, and D.
• Gave two or more states access to the common high court and gave UTs access to the HC's jurisdiction. Additionally gave HC more acting judges.
Ninth Amendment Act 1960
• As a pledge made by the Indo-Pakistan Agreement (1958), it allowed for the cession to Pakistan of the Indian Territory known as Berubari Union (West Bengal). (The modification was made because, while article 3 of the constitution allows the parliament to change a state's boundaries, it excludes ceding Indian Territory to another country. Only changing the Constitution itself will accomplish this.)
Tenth Amendment Act 1961
• Acquired the Dadra, Nagar, and Haveli from Portugal to become a Union Territory.
Eleventh Amendment Act of 1961
• Established an electoral college and provided a new method of electing the vice president.
• It is also abundantly evident that any gap in the proper Electoral College would not serve as justification for contesting either the president or vice president's election.
• Goa, Daman, and Diu were admitted to the Indian Union by the Twelfth Amendment Act of 1962.
Thirteenth Amendment Act 1962
• Created Nagaland as a state and gave it special treatment.
Fourteenth Amendment Act 1962
• Pondicherry was included to the Indian Union.
• Himachal Pradesh, Manipur, Tripura, Goa, Daman and Diu, and Pondicherry are Union Territories that have legislatures and ministerial councils.
Seventeenth Amendment Act 1964
• Made it necessary for the state to pay reasonable compensation (based on market value) before acquiring privately farmed property.
• 44 more Acts were added to the ninth schedule.
• According to the Eighteenth Amendment Act of 1966, the Parliament may combine a portion of one state or union territory with another state or union territory to create a new state.
• Created the new states of Punjab and Haryana.
Twenty-First Amendment Act, 1971
• Sindhi was added to the Eighth Schedule as the 15th language.
Twenty- Fourth Amendment Act of 1971
Justifications for this change: After the Golaknath case (1967), in which the Supreme Court ruled that the Parliament could not deny any fundamental rights through a constitutional change, this change Act was introduced.
• It made it clear that utilizing article 368, the parliament has the authority to change any aspect of the constitution, including article 13.
• Made the President's assent to a bill proposing a constitutional amendment necessary.
Twenty-Fifth Amendment Act of 1971
• Restricted the Fundamental right to property.
• It was made clear that a law enacted to implement the directive principles set forth in Article 39(b) or (c) cannot be contested on the grounds that it infringes upon the fundamental rights guaranteed in Articles 14, 19, and 31.
Twenty-sixth Act of 1971
• The old monarchical rulers of princely nations lose their privy funds and privileges.
Thirty-First Amendment Act of 1973
• The 1971 Census showed that India's population had increased, which is why the amendment was made.
• Increased from 525 to 545 the number of Lok Sabha seats.
Thirty-Third Amendment Act 1974
• It modified Articles 101 and 190 and said that the Chairman/Speaker of the House could reject a member's resignation if he believed it to be untrue or forced.
Thirty-Fifth Amendment Act 1974
• Sikkim's status as a protectorate was converted to that of an associate state of the Indian Union.
• To set the terms and circumstances of Sikkim's engagement with the Indian Union, the Tenth Schedule was added.
• The Thirty-Sixth Amendment Act of 1975 abolished the Tenth Schedule and granted Sikkim full statehood.
Thirty-Eight Amendment Act of 1975
• As long as the President's proclamation of an emergency cannot be contested in court.
• As long as the President, governors, and administrators of Union territory cannot be sued over the ordinances they have issued.
• Assuming that the President may concurrently issue multiple proclamations of national emergency based on distinct reasons.
Forty-second Amendment Act of 1976
• Because it significantly altered the Indian constitution, it is often referred to as the "Mini-constitution."
• The preamble was changed, and the terms socialist, secular, and integrity were inserted.
• By adding a new Part IV A, the citizens were given additional Fundamental Duties.
• Made only cabinet recommendations enforceable against the president.
• It provided for administrative tribunals and other tribunals by adding Part XIV A.
• On the basis of 1971, it set a seat freeze for the Lok Sabha and state legislative assemblies till 2001.
• Limited the scope of the constitutional amendment act's judicial review.
• Supreme Court and high courts' judicial review authority and writ jurisdiction were restricted.
• The Lok Sabha and state legislative assembly' terms were extended from five to six years.
• Added three new Directive Principles: (a) equitable justice and free legal aid (b) worker engagement in industry management and (c) preservation of forests, wildlife, and the environment.
• Given the declaration of a national emergency right away for a portion of Indian Territory.
• Increased from the previous six months to a year the president's temporary rule over a state.
• The All-India Judicial Service was established.
Forty-four Amendment Act 1978
• This was the comprehensive amendment that was primarily introduced to reverse the 42nd amendment's effects. Additionally, certain significant clauses were added.
• Restored the original 5-year term for the Lok Sabha and state legislative assemblies.
• Providing the president has the authority to request the cabinet's advice be reviewed again.
• Substituted "armed rebellion" for "internal disturbance" as a reason to declare a national emergency.
• Removed property rights from the list of fundamental freedoms and only recognized them as legal rights.
• Providing that during a national emergency, the fundamental rights protected by paragraphs 20 and 21 cannot be suspended.
Fifty-second Amendment Act of 1985
• To address the anti-defection difficulties, the Tenth schedule was added.
Sixty-First Amendment Act of 1989
• The legal voting age for the Lok Sabha and Legislative Assemblies was lowered from 21 to 18 years old.
Sixty-Ninth Amendment Act of 1991
• In its capacity as the "National Capital Territory of Delhi," it granted Delhi a special status.
• Gave Delhi a legislative body and a council of ministers.
Seventy-First Amendment Act 1992
• Languages of Konkani, Manipur, and Nepal were added to the Eighth Schedule by the 71st Amendment Act of 1992.
Seventy-Third Amendment Act 1992
• The Panchayati Raj institutions were given constitutional legitimacy by the 73rd Amendment Act of 1992.
• Part-IX and the 11th Schedule were added.
Seventy-Fourth Amendment Act 1992
• The 74th Amendment Act of 1992 gave urban local bodies’ constitutional status.
• The 12th Schedule and Part IX-A were added.
Eighty-Sixth Amendment Act 2002
• Part III of the Constitution's Eighty-sixth Amendment Act of 2002 established the right to education as a basic right.
• Article 21A, which made free and obligatory education for children between the ages of 6 and 14, was added into the new article.
• Under Article 51 A, a new Fundamental Duty was added.
• The Article 268-A Service Tax, which was imposed by the Union and collected and appropriated by the Union as well as the States, was provided by the Eighty-eighth Amendment Act of 2003.
Ninety-Second Amendment Act of 2003
• The eighth schedule now includes Bodo, Dogri (Dongri), Maithili, and Santhali.
Ninety-Fifth Amendment Act 2009
• In accordance with Article 334 of the 95th Amendment Act of 2009, the Anglo-Indian community would continue to receive special representation in the Lok Sabha and state legislative assemblies as well as extended reservations for the SCs and STs.
Ninety-Seventh Amendment Act 2011
• Part IX-B of the 97th Amendment Act of 2011 introduced cooperative societies to the constitution and gave them a fundamental right.
• Under Article 19, the right to establish cooperative organizations was elevated to a basic right.
• As a DPSP, Article 43-B was added to encourage cooperative societies.
101st Amendment Act 2016
• Goods and Service Tax (GST) was provided for by the 101st Amendment Act of 2016.
102nd Amendment Act 2018
• A constitutional body was established for the National Commission for Backward Classes (NCBC).
103rd Amendment Act 2019
• By virtue of the 103rd Amendment Act of 2019, citizens of classes other than those listed in paragraphs (4) and (5) of Article 15 were granted a 10% reservation.
104th Amendment Act 2020
• Changed the age requirement for SC and ST seats in the Lok Sabha and state legislatures from 70 to 80.
• Eliminated the practice of reserving seats in the Lok Sabha and state legislatures for the Anglo-Indian people.
Conclusion
These modifications demonstrate that the Indian Constitution is a living document. To adapt to the changes in society and demands, numerous changes have been implemented. However, the fundamental qualities and principles outlined in our constitution served as our compass in the past. The constitution has survived thus far because of its excellent balance of flexibility and rigidity.