Amendment Of The Constitution
No Constitution can be suitable for all times to come. Certain provisions may become outdated. after some years and new provisions would become necessary to deal with new situations. Therefore, an elaborate procedure for its amendment has been provided in the constitution itself. Some provisions of the Constitution can be altered by Parliament in the ordinary process of legislation. In other words, a simple majority of members present and voting in each House is enough to modify them. Formation of a new State and change in the name of a State come under this category. Abolition or creation of Legislative Councils in the State is also possible this way (if a resolution to this effect earlier passed by the Legislative Assembly of the State concerned). Other provisions of the Constitution can be altered only through an Amendment Bill, which must be passed by a special majority in each House of Parliament. Like an ordinary Bill, the Amendment Bill passed by Parliament is presented to the President for his assent. . If the Amendment Bill seeks to alter certain provisions which affect the federal structure it must also be ratified by at least half the State Legislatures before it is presented to the President for his assent. The following points should be kept in mind concerning the procedure for amendment:
- An Amendment to the Constitution can only be made by Parliament and not by the State Legislatures.
- An Amendment Bill can be introduced either in the Lok Sabha or the Rajya Sabha. A joint session of Parliament is not held to break the deadlock over an Amendment Bill between the two Houses. If the other House rejects it, the Bill ends.
- When an Amendment Bill is presented to the President, he has no option but to give his assent. He cannot veto or return it.
Check out Polity notes in detail.
Amendment 1 (1951)
1. Empowered the state to make special provisions for the advancement of socially and economically backward classes provided for the saving of laws providing for the acquisition of estates, etc. added Ninth Schedule to protect the land reform and other laws included in it from the judicial review. added three more grounds of restrictions on freedom of speech and expression, viz., public order, friendly relations with foreign states and incitement to an offence. Also, made the restrictions ‘reasonable’ and thus, justifiable in nature. provided that state trading and nationalization of any trade or business by the state is not to be invalid on the ground of violation of the right to trade or business.
Amendment 24 (1971)
Clauses added to Articles 13 and 368 to give unlimited power to Parliament to amend the Constitution including Fundamental Rights. Made it compulsory for the president to give his assent to a Constitutional Amendment Bill.
Amendments 35 (1975 )
Terminated the protectorate status of Sikkim and conferred on it the status of an associate state of the Indian Union, The Tenth Schedule was added laying down the terms and conditions of association of Sikkim with the Indian Union. Amendments 36 (1974, 75): Made Sikkim a full-fledged State of the Indian Union. i) Words – Socialist, Secular and Integrity added to the Preamble.
New Directive Principles included: a) equal justice and free legal aid, b) participation of workers in the management of industries, and c) protection and improvement of environment and safeguarding of forests and wildlife. Added certain provisions which dilute the position of Fundamental Rights as compared to the Directive Principles. New Chapter IV-A (Fundamental Duties) added. v) Provisions for setting up of administrative and other tribunals added.
Amendment 43 (1977)
Restored in certain cases the jurisdiction of the Supreme Court / High Courts, which was taken away by the 42nd Amendment. ii) Removed Article 31 D which had given special powers to Parliament to enacts laws in respect of anti-national activities. Amendment 44 (1978): i) Rights to property removed from Article 19 and made a legal right under Article 300 A. ii) In Article 352, armed rebellion replaced internal disturbance as a condition for internal Emergency. More restrictions on preventive detention are provided in Articles 21 and 22 (right to personal liberty). iv) Undid certain other changes made by the 42nd Amendment.
Defection made a disqualification for members of the legislature. Amendment 61: The minimum voting age reduced from 21 years to 18 years.net
All land reform laws were brought under Schedule IX.
Provided for creation of a National Commission for Scheduled Castes and Scheduled Tribes.
Included Konkani, Manipuri and Nepali languages in Schedule VIII.
Contains provisions relating to the Panchayati Raj system.
Contains provisions relating to the urban local self-government.
Provides for reservation in promotion for the Scheduled Castes and Scheduled Tribes.
deals with the Right to Education. Result s obtido Amendment 88: Deals with Taxes on Services.
Restricts the total of ministers to 15% of the total number of members of the House of people.
Provides for inclusion of Maithili, Dogri, Bodo and Santhali in the 8th schedule of the Constitution.
Empowered the state to make special provisions for the socially and educationally backward classes or the Scheduled Castes or the Scheduled Tribes in educational institutions including private educational institutions (whether aided or unaided by the state), except the minority educational institutions (clause (5) in Article 15). –
Freed Binar from the obligation of having a tribal welfare minister and extended the same provision to Jharkhand and Chhattisgarh. This provision will now apply to the two newly formed states and Madhya Pradesh and Orissa, where it has already been in force (Article 164(1).
Check out these notes on Controversies Regarding Amendment To The Constitution.