Thursday, 4 February 2016

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Indian Constitution: Important Amendments at a Glance


The Polity

The article 368 provides that the parliament can amend any provision of the constitution by following the given procedure. The list of important amendments is given as following.

1st amendment, 1951: It amended articles 15, 19, 85, 87, 174, 176, 341, 342, 372 and 376. Articles 31A, 31B and Schedule 9 were inserted. Its purpose was to remove difficulties in enforcement of Zamindari related laws.

7th amendment, 1956: Main purpose was reorganization of states and introduction of Union Territories and had provisions related to centre- state relations such as high courts, legislative councils etc.

1. The category A, B and C of states were abolished. Article 1 and schedule 1 were revised.

2. Abolition of group C states and establishment of Union Territories.

3. One person can be appointed as governor of more than one state at the same time.

4. The president can appoint as many judges in the high court as he deems fit.

24th amendment, 1971: It amended articles 13 and 368. It provided parliament the power to amend any part of the constitution including Fundamental rights. It also changed the language of article 368. It made it compulsory for the president to give his assent to the constitutional amendment bills.

25th amendment, 1972: It amended article 31 and inserted article 31C. It provided that no property shall be compulsorily acquired except for public purpose. Article 31C provides that any law made to implement the provisions of DPSP under article 39 (b) and (c) shall not be declared void for violation of fundamental rights under articles 14, 19 and 31.

42nd amendment, 1976: It was called as Mini constitution of India and was brought during national emergency.

1. Preamble: It inserted words Socialist, Secular and Integrity in the preamble.

2. Legislature: Life of Lok Sabha and state assemblies was extended from 5 to 6 years.

3. President: Article 74 was amended as president shall act in accordance with advice by council of ministers.

4. Fundamental Rights: All DPSP were given primacy over the fundamental rights under articles 14, 19 and 31.

5. Some new directives were added in part IV.

6. Part IVA was added having article 51A containing Fundamental Duties of the citizens.

43rd amendment, 1977: It was brought after end of National emergency. Some of the provisions of 43rd amendment were repeated.

44th amendment, 1978: It undid most of the distortions introduced into the Constitution by the 42nd Amendment of the Constitution.

1. It restored the status quo ante by reducing the life of Lok Sabha and State Legislative Assemblies again to five years.

2. It cancelled 39th Amendment which deprived the Supreme Court from its jurisdiction to decide disputes concerning election of the President and the Vice-President.

3. A new provision was added to Article 74(1) where the President could consider advice of council of ministers and should Act in accordance with the advice.

4. Article 257A was omitted.

5. An Emergency can be proclaimed only on the basic of written advice tendered to the President by the cabinet.

6. Right to property was taken out from the list of Fundamental Rights and was declared a legal right.

52nd amendment, 1985: The defection of members elected on a party ticket to other party was made illegal.

61st amendment, 1989: It reduced the voting age from 21 to 18 by amending article 326.

73rd amendment, 1993: It inserted part IX containing articles 243 to 243 O. It included the provisions for Panchayati raj Institutions and inserted schedule eleven in the constitution.

74th amendment, 1993: It made provisions for Urban local government. It added part IXA containing articles 243 P to 243 ZG. It also inserted schedule 12th.

86th amendment, 2002: It made the provision for free and compulsory education between 6 to 14 years of age. The Act inserted article 21A in fundamental rights. It amended articles 45 and 51A.

91st amendment, 2004: It restricted the size of council of minister to 15% of the total size of the house.

@knowledgephilic

By:: Shubham Mishra

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