18 IMPORTANT AMENDMENTS TO THE INDIAN CONSTITUTION
1st Amendment (1951) :- Nothing shall prevent the State from imposing reasonable restrictions on speech in the interest of the security of the State, friendly relations with the foreign States, public order, decency or morality or in relation to the contempt of court or defamation or incitement to violence. It also empowered the State to make any special provisions for the socially and educationally backward classes of citizens, i.e. the Scheduled Castes, and the Scheduled Tribes. The right to property was so restricted as not to invalidate any law providing for the acquisition by the State of any landed estate on the ground that such law is consistent with any of the fundamental rights. The validity of such acquisition laws as had already been passed was secured by listing them in a new Schedule (9th Schedule) added to the Constitution.
18th Amendment (1966) :- It enabled the bifurcation of Punjab, i.e. the creation of Punjab and Haryana. Besides, some areas from the erstwhile Punjab were merged into Himachal Pradesh.
21st Amendment (1967) :- Sindi was included in the VIII Schedule as the 15th Indian language
36th Amendment (1975) :- By this Amendment Sikkim became the 22nd State of the Indian Union
41st Amendment (1976) :- It raised the retiring age of the State Public Commission members from 60 to 62
42nd Amendment (1976) :- Mini Constitution -This Amendment brought about drastic changes in the Indian Constitution. The Amendment Bill was passed at a time when most of the opposition leaders were behind the bars. Because of its wide sweep and drastic nature, the 42nd Amendment Act came to be called a 'mini-constitution'. Its main provisions.
The 42nd Amendment Act narrowed down the scope of judicial review of laws. Under the original Constitution, no distinction was made between Central laws and State laws as regards judicial review; Parliament and State legislatures were equally subject to the limitations imposed by the Constitution on their law-making power. The Supreme Court was competent to invalidate a law of Parliament or of the State legislature if it was not in tune with any provision of the Constitution. Similarly, a High Court has the power to invalidate any law irrespective of the source of such law. The 42nd Amendment, for the first time, made a distinction between Central laws and State laws as regards the competence of the Supreme Court and of the High Court to invalidate them on the ground of unconstitutionality. It provided that (a) the Supreme Court could not declare any State law unconstitutional unless in such proceedings the constitutionality of the central law was also involved; and (b) the High Court could not strike down a Central law as unconstitutional.
A law made to implement any of the Directive Principles of State Policy could not be struck down by the Supreme Court or the High Court on the ground that it violated any of the Fundamental Rights.
A Central or State law could not be declared invalid unless not less than two-thirds of the judges hearing the case held the same to be constitutionally invalid.
It provided that no amendment of the Constitution could be challenged in any Court.
Directive Principles of State Policy were given precedence over the Fundamental Rights.
It empowered the Center to send its armed forces to meet any 'grave situation of law and order' in any State, irrespective of the wishes of the State Government.
It empowered Parliament, to the exclusion of State legislatures, to make laws to prevent or prohibit the formation of anti-national associations and indulgence in anti-national activities.
It made it explicit that the President would be bound by the advice of the Council of Ministers.
The term of the Lok Sabha and of the State Legislatures was extended from five years to six years.
The incorporation of a set of Fundamental Duties for citizens formed an important part of the Amendment Act.
Some changes were made in the Seventh Schedule, which contains the Lists of Subjects. Certain subjects, including Education, were transferred to the Concurrent List.
A change was made in the Preamble to the Constitution. Instead of the words, 'Sovereign Democratic Republic' the words 'Sovereign Socialist Secular Democratic Republic' was substituted.
44th Amendment (1978) :-
A Proclamation of Emergency can be issued only when the security of India or any part of its territory is threatened by war or armed rebellion.
Fundamental rights to life and liberty cannot be suspended even during the Emergency.
The right to property, a Fundamental Right, was taken away and now it is only a legal right.
The President's position, declared by the 42nd Amendment that he was bound by the advice of the Council of Ministers (Article 74), was not changed, but the President was given the option of asking his Ministers to reconsider their advice.
52nd Amendment (1985) :- It put a ban on defections and gave for the first time legal recognition to political parties.
54th Amendment (1986) :- It increased the salaries of Supreme Court and High Court judges and the salary of the Chief Justice of India was increased from Rs. 5,000 to Rs. 10,000. The salaries of High Court Chief Justices and Supreme Court Judges were increased from Rs. 4,000 to Rs. 9,000. The salaries of High Court Judges have been raised from Rs. 3,500 to Rs. 8,000.
61st Amendment (1989) :- It reduced voting age from 21 years to 18 years for the Lok Sabha and Assembly elections.
68th Amendment (1991) :- amendment pertained to the extension of President's rule in Punjab.
71st Amendment (1992) :- The act amends the 8th Schedule to the Constitution to include Konkani, Manipuri and Nepali Languages in the 8th Schedule of the Constitution.
73rd Amendment (1992) :- To ensure direct election to all seats in Panchayats; to reserve seats for SCs and STs in proportion to their population; and for reservation of not less than one third of the seats in Panchayats for women.
74th Amendment (1992) :- To ensure direct election to all seats in Nagarpalikas and Municipalities.
RESERVATION FOR WOMEN
81st Amendment Bill, 1996 : A Constitution Amendment Bill- known as the Constitution (81st Amendment) Bill, 1996-- seeking to ensure 33% reservation for women in Parliament and State Legislatures was introduced in the Lok Sabha on Sept. 12, 1996. In amending the Constitution, the Bill introduced a new provision, Article 330 A, according to which 'not less than one-third of the total number of seats reserved for Scheduled Castes and Scheduled Tribes, be reserved for SC/ST women.
86th Amendment (1995) :- To facilitate reservation of seats for promotions of the Scheduled Castes and Tribes employees in the government.
97th Amendment (2003) :- 97th Amendment through Anti Defection Law. The Committee was of the view that the size of a council of Ministers including the Chief Minister in a state should be 15% of the total members of the legislative assembly and the minimum number of Ministers in the smaller states should be 12 instead of seven as provided in the bill.
97th Amendment Bill 2003 :-
A Parliamentary committee has pointed out the loopholes in the constitution (97th Amendment) bill 2003. The standing committee is of the opinion that stripping defectors of their membership of the house and preventing them from being appointed as a minister, or to any other remunerative political post is not sufficient. These provisions were not enough because they do not make winning an election mandatory for a defector to be appointed as a minister or to a political cost.
The committee was of the view that the size of a council of Ministers including the Chief Minister in a state should be 15% of the total members of the legislative assembly and the minimum number of Ministers in the smaller states should be 12 instead of seven as provided in the bill.
The growing defecting is a massive violation of the people's mandate. The 52nd Amendment, 1985 introduced the 10th schedule in the constitution. The main purpose is to prevent betrayal of people.
100th Amendment (2003 :- The Parliament has passed the 100th Amendment bill to include Bodo, Dogri, Maithli and Santhali languages. Now the total number of scheduled languages in the country is 22 from 18.
101 Amendment (2017) :- Introduced the Goods and Services Tax. Prime Minister: Narendra Modi, President: Pranab Mukherjee
102 Amendment (2018) :- Constitutional status to National Commission for Backward Classes. Prime Minister: Narendra Modi, President: Ram Nath Kovind.
103 Amendment (2019) :- A maximum of 10% Reservation for Economically Weaker Sections of citizens of classes other than the classes mentioned in clauses (4) and (5) of Article 15, i.e. Classes other than socially and educationally backward classes of citizens or the Scheduled Castes and the Scheduled Tribes. Inserted Clause [6] under Article 15 as well as Inserted Clause [6] under Article 16. Prime Minister: Narendra Modi, President: Ram Nath Kovind.
104 Amendment (2020) :- To extend the reservation of seats for SCs and STs in the Lok Sabha and states assemblies from Seventy years to Eighty years. Removed the reserved seats for the Anglo-Indian community in the Lok Sabha and state assemblies.
104th Amendment
The One Hundred and Fourth Amendment of the Constitution of India extends the deadline for the cessation for the reservation of seats for members from Scheduled Castes and Scheduled Tribes in the Lok Sabha and State Legislative Assemblies by a period of 10 years.
The reservation of seats for the Scheduled Castes and Scheduled Tribes was set to expire on 26 January 2020 as mandated by the Ninety Fifth Amendment but was extended for another 10 years with the given reason.
Although the Scheduled Castes and the Scheduled Tribes have made considerable progress in the last 70 years, the reasons which weighed with the Constituent Assembly in making provisions with regard to the aforesaid reservation of seats have not yet ceased to exist. Therefore, with a view to retaining the inclusive character as envisioned by the founding fathers of the Constitution, it is proposed to continue the reservation of seats for the Scheduled Castes and the Scheduled Tribes for another ten years i.e. up to 25th January, 2030 - Ravi Shankar Prasad, Minister of Law and Justice.
The amendment does not, however, extend the period of reservation of the 2 Lok Sabha seats reserved for members of the Anglo-Indian Community and thus the practice of nominating two members of the Anglo-Indian community by the President of India under the recommendation of the Prime Minister of India was effectively abolished.
The Constitution (One Hundred and Twenty-Seventh Amendment) Bill, 2021 was introduced in Lok Sabha by the Minister of Social Justice and Empowerment, Dr. Virendra Kumar, on August 9, 2021. The Bill amends the Constitution to allow states and union territories to prepare their own list of socially and educationally backward classes.
105th Amendment Act, 2021 :- Restored state governments’ power to prepare the Socially and Educationally Backward Classes (SEBC) list.
106th Amendment Act, 2023 :-
The 106th Constitutional Amendment Act, 2023, also known as the "Nari Shakti Vandan Act," introduces a significant change by providing a 33% reservation for women in the Lok Sabha (the lower house of India's Parliament) and State Legislative Assemblies, including the Legislative Assembly of the National Capital Territory (NCT) of Delhi.
Here are the key points:
Women's Reservation: The amendment introduces Articles 330A, 332A, and 334A to the Indian Constitution, mandating the reservation of one-third of seats for women in the Lok Sabha, State Legislative Assemblies, and the Delhi Legislative Assembly.
Implementation: The reservation will be implemented following a delimitation exercise based on the first census conducted after the enactment of this bill. This means that the actual reservation will only take effect after the necessary redrawing of constituencies.
Duration: The reservation is set to last for 15 years from the date of its implementation, with a sunset clause allowing for periodic reviews by Parliament
