important ammendments

IMPORTANT AMMENDMENTS

BALAJI MANKARI/SARKAR

Introduction

• Like any other written Constitution in the world, the Constitution of India also provides for its amendment in order to adjust itself according to the changing conditions and needs.

• Article 368 in Part XX of the Constitution deals with the powers of Parliament to amend the Constitution and its procedure.

• It states that the Parliament may amend the Constitution by way of addition, variation or repeal any provision in accordance with the procedure laid down for the purpose.

• However, the Parliament cannot amend those provisions which form the ‘basic structure’ of the Constitution.

• This was ruled by the Supreme Court in the Kesavananda Bharati case (1973).

1st Amendment, 1950

• Provided for several new grounds of restrictions on the right to freedom of speech and expression.

• Right to practice any profession or to carry on any trade or business as contained in Article 19 of the Constitution

• The Ninth Schedule along with Articles 31A and 31B were inserted in the Constitution to protect laws, such as the land reform and other laws, from being challenged in the court son the ground of violation of fundamental rights

7th Amendment, 1956

• States and union territories were introduced.

• Composition of the House of the People and its re-adjustment after every census

• Establishment of new High Courts, High Court Judges etc.

10th Amendment, 1961

• Included areas of Dadra and Nagar Haveli as a Union Territory


• Proposed that election of President or Vice President could not be challenged on the ground of any vacancy in the appropriate electoral college


• Included Goa, Daman and Diu as a Union Territory and to amend Article 240 for the purpose.


• Nagaland was formed with an agreement between Government of India and Naga People’s Convention.


• Pondicherry was included in the First Schedule as a Union Territory

• Creation of Legislature by Parliamentary law for Himachal Pradesh, Manipur, Tripura, Goa, Daman and Diu and Pondicherry

22nd Amendment, 1969

• New autonomous state of Meghalaya within the state of Assam.

31st Amendment, 1973

• Raised the upper limit for the representation of states in the Lok Sabha from 500 to 525 and reduced the upper limit for the representation of union territories from 25 members to 20.


• Conferred Sikkim the status of an associate State of Indian Union.


• Made Sikkim a full-fledged State of Indian Union and to include it in the First Schedule to the Constitution

42nd Amendment, 1976• Ideals of socialism, secularism and the integrity of the nation were adopted

• Directive Principles were given precedence over Fundamental Rights

• Inserted a new chapter on the Fundamental Duties of citizens (ART-51A)

• Administrative and other tribunals for speedy disposal of service matters, revenue matters and certain other matters of special importance in the context of socio-economic development and progress.

• The 42nd Constitutional Amendment added a few more Directive Principles – free legal aid, participations of workers in the management of industries, protection for environment and protection of forests and wildlife of the country.

• Prior to the 42nd Amendment Act, the President could declare an emergency under Article 352 throughout the country and not in a part of the country alone. The Act authorized the President to proclaim emergency in any part of the country.


• It reduced the life of Lok Sabha and State Legislative Assemblies again to five years and thus restore the status quo ante.

• It has been provided that an Emergency can be proclaimed only on the basis of written advice tendered to the President by the Cabinet.

• Right to Property has been taken out from the list of Fundamental Rights and has been declared a legal right.


• Conferred statehood on the Union Territory of Arunachal Pradesh


• Union Territory of Daman and Diu and the formation of the state of Goa.


• Reduction of the voting age from 21 to 18 years by amending Article 326


• Union territory of Delhi was renamed as the National Capital Territory of Delhi


• Included the elected members of the legislative assemblies of union territories in the electoral college for the election of the President under Article 54 of the Constitution.


• Included Konkani, Manipuri and Nepali languages in the Eighth Schedule to the Constitution.

73rd Amendment, 1993

• Gave constitutional status to the Panchayati Raj Institutions.

• A separate part IX has been added to the Constitution with the addition in Article 243A and fresh Schedule called Eleventh Schedule enumerating the powers and functions of Panchayti Raj Institutions.

• The Act provides for Gram Sabha, a three-tier model of Panchayati Raj, reservation of seats for SCs and STs in proportion to their population and one-third reservation of seats for women.

The Constitution (74th Amendment) Act, 1992

• The Act provides constitutional status to Urban Local Bodies.

• A separate part IXA has been added to the Constitution

• Fresh schedule called Twelfth schedule enumerating the powers and functions of urban local bodies has been incorporated.


• Article 21A deals with Right to Education that “the State shall provide free and compulsory education to all children of the age of six to fourteen years”


• Restricts the size of the Council of Ministers in the Union Government and in a State Government to fifteen percent of the total number of legislative members.


• Bodo, Dogri, Santali and Maithali were added as official languages to the 8th Schedule

• Presently we have 22 languages in the 8th schedule.


• Minister of Tribal Welfare was proposed in newly created states of Jharkhand and Chhattisgarh.


• Introduction of “The Goods and Services Tax (GST)”


• Constitutional status to National Commission for Backward Classes.

The Constitution (103rd Amendment) Act, 2019

• A maximum of 10% Reservation for Economically Weaker Sections (EWSs)

MCQ’SRegarding Constitutional Amendments

1. the Provision of joint sitting is not available.

2. they become operative from the date both Houses have passed the Bills.

3. the President’s assent to a Constitutional Amendment is obligatory.

4. Parliament may amend any part of the Constitution according to the procedure laid down in Article 368.

(a) I and III

(b) I, II and III

(c) I, III and IV.

(d) I, II, III and IV

MCQ’S

Which Amendment of the Constitution gave priority to Directive Principles over Fundamental Rights?

(a) 24th Amendment

(b) 39th Amendment

(c) 42nd Amendment.

(d) 40th Amendment

MCQ’S

Which Amendment restored the power of judicial review to the Supreme Court and High Courts after it was curtailed by the 42nd Amendment?

(a) 42nd

(b) 43rd.

(c) 44th

(d) 56th

MCQ’S

The provision of amending the Constitutional Provision is given in :

(a) Part XIX Article 356

(b) Part XX Article 356

(c) Part XX Article 368.

(d) Part XIX Article 368

MCQ’S

A Constitutional Amendment Bill passed by both Houses of Parliament

(a) does not need the assent of the President

(b) does need the assent of the President.

(c) does not need the assent of the President if passed by ratification of States

(d) None of the above

MCQ’S

Indian Constitution was amended for the first time in :

(a) 1950

(b) 1951.

(c) 1952

(d) 1953

MCQ’S

The Ninth Schedule of the Constitution of India was:

(a) added by the first Amendment.

(b) added by the 24th Amendment

(c) added by the 42nd Amendment

(d) a part of the original Constitution

MCQ’S

Of all the Amendments in the Indian Constitution, the most Comprehensive and Controversial Amendment was:

(a) 42nd.

(b) 43rd

(c) 44th

(d) 45th

MCQ’S

By which Amendment, the power to amend the Constitution was specifically conferred upon the Parliament?

(a) 56th

(b) 52nd

(c) 42nd

(d) 24th.

MCQ’S

How many States are required to ratify certain Amendments to the Constitution?

(a) Not less than half the number.

(b) Three-fourths of the number

(c) At least 10 States

(d) All States in some case

MCQ’S

Which Amendment provided for an authoritative version of the Constitution in Hindi?

(a) 56th

(b) 58th.

(c) 60th

(d) 61st

MCQ’S

By which Amendment Act of the Constituttion of India were the Directive Principles of the State Policy given precedence over the Fundamental Rights wherever they come into conflict?

(a) 40th

(b) 42nd.

(c) 44th

(d) 46th

MCQ’S

Under which one of the following Constitution Amendment Acts, four languages were added to the languages under the Eighth Schedule of the Constitution of India, thereby raising their number to 22 ?

(a) Constitution (Ninetieth Amendment) Act

(b) Constitution (Ninety-first Amendment) Act

(c) Constitution (Ninety-second Amendment) Act.

(d) Constitution (Ninety-third Amendment) Act

MCQ’S

Which of the following Constitution Amendment Acts seeks that the size of the Councils of Ministers at the Centre and in a State must not exceed 15 percent of the total number of members in the Lok Sabha and the total number of members of the Legislative Assembly of that State, respectively?

(a) 91st.

(b) 93rd

(c) 95th

(d) 97th

important ammendments

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