Comprehensive List of Important Constitutional Amendments in India |
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The Constitution (First Amendment) Act, 1950
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This amendment provided for several new grounds of
restrictions to the right to freedom of speech and expression and the right
to practice any profession or to carry on any trade or business as contained
in Article 19 of the Constitution. These restrictions related to public
order, friendly relations with foreign States or incitement to an offence in
relation to the right to freedom of speech, and to the prescribing of
professional or technical qualifications or the carrying on by the State,
etc., of any trade, business, industry or service in relation to the right to
carry on any trade or business. The amendment also inserted two new Articles,
31A and 31B and the Ninth Schedule to give protection from challenge to land
reform laws.
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The Constitution (Tenth Amendment) Act, 1961
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This Act amended
Article 240 and the First Schedule in order to include areas of Dadra and
Nagar Haveli as a Union Territory and to provide for its administration under
the regulation making powers of President.
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The Constitution (Twelfth Amendment) Act, 1962
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This amendment
sought to include Goa, Daman and Diu as a Union Territory and to amend
Article 240 for the purpose.
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The Constitution (Thirteenth Amendment) Act, 1962
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By this amendment, a new Article 371A was added to
make special provisions with respect to state of Nagaland in pursuance of an
agreement between Government of India and Naga People's Convention.
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The Constitution (Fourteenth Amendment) Act, 1962
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By this Act,
Pondicherry was included in the First Schedule as a Union Territory, and this
Act has also enabled the creation of Legislature by Parliamentary law for
Himachal Pradesh, Manipur, Tripura, Goa, Daman and Diu and Pondicherry.
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The Constitution (Eighteenth Amendment) Act, 1966
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Article 3 was
amended by this Act to specify that the expression "State" will
include a union territory also and to make it clear that the power to form a
new state under this Article includes a power to form a new state or union
territory by uniting a part of a state or a union territory to another state
or union territory.
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The Constitution (Twenty-first Amendment) Act,
1967
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By this
amendment, Sindhi Language was included in the Eighth Schedule.
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The Constitution (Twenty-second Amendment) Act,
1969
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This act was enacted to facilitate the formation of
a new autonomous state of Meghalaya within state of Assam
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The Constitution (Twenty-fourth Amendment) Act,
1971
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This amendment
was passed in the context of a situation that emerged with the verdict in
Golaknath's case by Supreme Court. Accordingly, this Act amended Article 13
and Article 368 to remove all doubts regarding the power of Parliament to
amend the Constitution including the Fundamental Rights.
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The Constitution (Thirty-eighth Amendment) Act,
1975
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This Act amended Articles 123, 213 and 352 of the
Constitution to provide that the satisfaction of President or Governor
contained in these Articles would be called in question in any court of law.
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The Constitution (Forty-second Amendment) Act,
1976
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This act made a number of important amendments in
the Constitution. These amendments were mainly for purpose of giving effect
to the recommendations of Swaran Singh Committee.
Some of the important amendments made are for the purpose of spelling
out expressly the high ideals of socialism, secularism and the integrity of
the nation, to make the Directive Principles more comprehensive and giving
them precedence over those Fundamental Rights which have been allowed to be
relied upon to frustrate socio-economic reforms. The amendment Act also
inserted a new chapter on the Fundamental Duties of citizens and made special
provisions for dealing with anti- national activities, whether by individuals
or by associations. The judiciary provisions were also amended by providing
for a requirement as to the minimum number of judges for determining question
as to the constitutional validity of law and for a special majority of not
less than two-third for declaring any law to be constitutionally invalid.
To reduce the mounting arrears in High Courts and to secure the
speedy disposal of service matters, revenue matters and certain other matters
of special importance in the context of socioeconomic development and
progress, this amendment Act provided for the creation of Administrative and
other tribunals for dealing with such matters while preserving the
jurisdiction of the Supreme Court in regard to such matters under Article 136
of the Constitution. Certain modifications in the writ jurisdiction of High
Courts under Article 226 were also made.
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The Constitution (Forty-fourth Amendment) Act,
1978
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The right to property which had been the occasion
for more than one amendment of Constitution was omitted as a Fundamental
Right and it was made only as a legal right. It was, however, ensured that
the removal of the right to property from the list of Fundamental Rights
would not affect the right of minorities to establish and administer
educational institutions of their choice. Article 352 of the Constitution was
amended to provide "armed rebellion" as one of the circumstances
for declaration of emergency. Internal disturbance not amounting to armed
rebellion would not be a ground for the issuance of a Proclamation. The right
to personal liberty as contained in Articles 21 and 22 is further
strengthened by the provision that a law for preventive detention cannot
authorise, in any case, detention for a longer period than two months unless
an Advisory Board has reported that there is sufficient cause for such
detention. The additional safeguard has also been provided by the
requirements that Chairman of an Advisory Board shall be a serving Judge of
the appropriate High Court and that the Board shall be constituted in
accordance with the recommendations of the Chief Justice of that High Court.
With a view to
avoid delays, Articles 132 and 134 were amended and a new Article 134A was
inserted to provide that a High Court should consider the question of
granting a certificate for appeal to Supreme Court immediately after the
delivery of the judgement, final order or sentence concerned on the basis of
an oral application by a party or, if the High Court deems it so to do, on
its own. The other amendments made by the Act are mainly for removing or
correcting the distortions which came into the Constitution by reason of the
amendment initiated during the period of internal emergency.
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The Constitution (Fifty-second Amendment) Act,
1985
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It amends the
Constitution to provide that a Member of Parliament or a State Legislature
who defects or is expelled from the party which set him up as a candidate in
the election or if an independent member of the House joins a political party
after expiry of six months from the date on which he takes seat in the House
shall be disqualified to remain a member of the House. The Act also makes
suitable provisions with respect to splits in and merger of political
parties.
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The Constitution (Sixty-first Amendment) Act,
1989
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The Act provides for reducing voting age from 21 to
18 years by amending Article 326 of the Constitution to provide to the
unrepresented youth of the country an opportunity to give vent to their
feelings and help them become a part of political process.
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The Constitution (Sixty-ninth Amendment) Act,
1991
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The Government of
India appointed on 24th December 1987 a Committee to go into various issues
connected with the administration of Delhi and to recommend measures, inter alia,
for the streamlining of the administrative set up. After detailed inquiry and
examination, it recommended that Delhi should continue to be a union
territory and may be provided with a Legislative Assembly and a Council of
Ministers responsible to such assembly with appropriate powers to deal with
matters of concern to the common man. The Committee also recommended that
with a view to ensuring stability and permanence, arrangements should be
incorporated in the constitution to give the national capital a special
status among the union territories. This act has been passed to give effect
to the above recommendations.
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The Constitution (Seventy-first Amendment) Act,
1992
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There have been
demands for inclusion of certain languages in the Eighth Schedule to the Constitution.
This Act amends the Eighth Schedule to the Constitution to include Konkani,
Manipuri and Nepali languages in the Eighth Schedule to the Constitution.
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The Constitution (Seventy-third Amendment) Act,
1993
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Article 40 of the Constitution which enshrines one
of the Directive Principles of State Policy lays down that the State shall
take steps to organise village panchayats and endow them with
such powers and authority as may be necessary to enable them to function as
units of self-government.
In the light of the above, a new Part IX relating to the Panchayats
has been inserted in the Constitution to provide for among other things, Gram Sabha
in a village or group of villages; constitution of Panchayats
at village and other level or levels; direct elections to all seats in
Panchayats at the village and intermediate level, if any and to the offices
of Chairpersons of Panchayats at such levels; reservation of seats for the
Scheduled Castes and Scheduled Tribes in proportion to their population for
membership of Panchayats and office of Chairpersons in Panchayats at each
level; reservation of not less than one-third of the seats for women; fixing
tenure of five years for Panchayats and holding elections within a period of
six months in the event of supersession of any Panchayat.
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The Constitution (Seventy-fourth Amendment) Act,
1993
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In many states local bodies have become weak and
ineffective on account of a variety of reasons, including the failure to hold
regular elections, prolonged supersession and inadequate devolutions of
powers and functions. As a result, Urban Local Bodies are not able to perform
effectively as vibrant democratic units of self- government.
Having regard to these inadequacies a new part IX-A relating to the
Municipalities has been incorporated in the Constitution to provide for among
other things, constitution of three types of Municipalities, i.e., Nagar Panchayats
for areas in transition from a rural area to urban area, Municipal Councils
for smaller urban areas and Municipal Corporations for larger urban areas.
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The Constitution (Eighty-fourth Amendment) Act,
2001
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The Act amended provisos to articles 82 and 170(3)
of the Constitution to readjust and rationalise the territorial
constituencies in the States, without altering the number of seats allotted
to each State in House of People and Legislative Assemblies of the States,
including the Scheduled Castes and Scheduled Tribes constituencies, on the
basis of the population ascertained at the census for the year 1991 so as to
remove the imbalance caused due to uneven growth of population/electorate in
different constituencies. It is also to refix the number of seats reserved
for the Scheduled Castes and the Scheduled Tribes in the House of the People
and the Legislative Assemblies of the States on the basis of the population
ascertained at the census for the year 1991 so as to remove the imbalance
caused due to uneven growth of population/electorate in different constituencies.
It is also to refix the number of seats reserved for Scheduled Castes and the
Scheduled Tribes in the House of the People and the Legislative Assemblies of
the States on the basis of the population ascertained at the census for the
year 1991.
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The Constitution (Eighty-fifth Amendment) Act,
2001
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This Act amended
article 16(4A) of the Constitution to provide for consequential seniority in
the case of promotion by virtue of rule of reservation for the Government
servants belonging to the Scheduled Castes and the Scheduled Tribes. It also
provides retrospective effect from 17th day of June 1995.
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The Constitution (Eighty-sixth Amendment) Act,
2002
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The Act deals with insertion of a new article 21A
after article 21. The new article 21A deals with Right to Education—"The
State shall provide free and compulsory education to all children of the age
of six to fourteen years in such manner as the State may, by law,
determine".
Substitution of new Article for Article 45. For Article 45 of the
Constitution, the following article shall be substituted, namely, Provision
for early childhood care and education to children below the age of six
years. Article 45: "The State shall endeavour to provide early childhood
care and education for all children until they complete the age of six
years."
Article 51A of the Constitution was amended and a new clause (k) was
added after clause (j), namely, "(k) who is a parent or guardian to
provide opportunities for education to his child or, as the case may be, ward
between the age of six and fourteen years."
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The Constitution (Eighty-seventh Amendment) Act,
2003
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In Article 81 of the Constitution, in clause (3), in
the proviso, in clause (ii), for the figures "1991", the figures
"2001" shall be substituted.
In Article 82 of the Constitution, in the third proviso, in clause
(ii), for the figures "1991", the figures "2001" shall be
substituted.
In Article 170 of the Constitution, - (i) in clause (2), in the
Explanation, in the proviso, for the figures "1991", the figures
"2001" shall be substituted; (ii) in clause (3), in the
Explanation, in the third proviso, for the figures "1991", the
figures "2001" shall be substituted.
In Article 330 of the Constitution, in the Explanation, in the
proviso, for the figures "1991", the figures "2001" shall
be substituted.
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The Constitution (Ninety-first Amendment), Act,
2003
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In Article 75 of the Constitution, after clause (1),
the following clauses shall be inserted, namely :
"(1A) The total number of Ministers, including the Prime
Minister, in the Council of Ministers shall not exceed fifteen per cent of
the total number of members of the House of the People.
(1B) A member of either House of Parliament belonging to any
political party who is disqualified for being a member of that House under paragraph
2 of the Tenth Schedule shall also be disqualified to be appointed as a
Minister under clause (1) for duration of the period commencing from the date
of his disqualification till the date on which the term of his office as such
member would expire or where he contests any election to either House of
Parliament before the expiry of such period, till the date on which he is
declared elected, whichever is earlier"
In Article 164 of the
Constitution, after clause (i), the following clauses shall be inserted,
namely:
"(1A) the total number of Ministers, including the Chief
Minister, in the Council of Ministers in a State sall not exceed fifteen per
cent of the total number of members of the Legislative Assembly of that State
:
Provided that the number of Ministers, including the Chief Minister,
in a State shall not be less than twelve:
Provided further that where the total number of Ministers, including
the Chief Minister, in the Council of Ministers in any State at the
commencement of the Constitution (Ninety-first Amendment) Act, 2003 exceeds
the said fifteen per cent or the number specified in the first proviso, as
the case may be, then, the total number of Ministers in that State shall be
brought in conformity with the provisions of this clause within six months
from such date as the President may by public notification appoint.
(1B) A member of the Legislative Assembly of a State or either House
of the Legislature of a State having Legislative Council beloging to any
poitical party who is disqualified for being a member of that House under
paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed
as a Minister under clause (1) for duration of the period commencing from the
date of his disqualification till the date on which the term of his office as
such member would expire or where he contests any election to the Legislative
Assembly of a State or either House of the Legislature of a State having
Legislative Council, as the case may be, before the expiry of such period,
till the date on which he is declared elected, whichever is earlier"
After Article 361A of
the Constitution, the following article shall be inserted, namely :
316B. A member of a House belonging to any political party who is
disqualified for being a member of the House under paragraph 2 of the Tenth
Schedule shall also be disqualified to hold any remunerative political post
for duration of the period commencing from the date of his disqualification
till the date on which the term of his office as such member would expire or
till the date on which he contests an election to a House and is declared
elected, whichever is earlier.
Explanation : For the purposes of this Article,—
(a)
the expression
"House" has the meaning assigned to it in clause (a) of paragraph 1
of the Tenth Schedule :
(b)
the expression
"remunerative political post" means any office—(i) under the
Government of India or the Government of a State where the salary or
remuneration for such office is paid out of the public revenue of the
Government of India or the Government of the State, as the case may be, or
(ii) under a body, whether incorporated or not, which is wholly or partially
owned by the Government of India or the Government of a State and the salary
or remuneration for such office is paid by such body, except where such
salary or remuneration paid is compensatory in nature'.
In the Tenth Schedule to the Constitution,—(a) in paragraph, 1, in
clause (b), the words and figure "paragraph 3 or, as the case may
be," shall be omitted; (b) in paragraph 2, in sub-paragraph (1), for the
words and figures "paragraphs 3, 4 and 5", the words and figures
"paragraphs 4 and 5" shall be substituted; (c) paragraph 3 shall be
omitted.
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The Constitution (Ninety-second Amendment) Act,
2003
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In the Eighth
Schedule to the Constitution ,
include Bodo, Dogri, Santali and Maithali as official languages. So now the
number of official languages according to this amendment stands at 22.
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The Constitutions (Ninety-Seventh Amendment) Act,
2011
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Added the words
"Or Co-operative Societies" after the world "Or Unions"
in Article 19(i)(c) and insertion of article 43B, i.e., Promotion of Co-operative
Societies and added Part IXB, i.e. The Co-operative Societies.
The amendment objective is to encourage economic
activities of cooperatives which in turn help progress of rural India. It is
expected to not only ensure autonomous and democratic functioning of
cooperatives, but also the accountability of the management to the members
and other stakeholders.
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The Constitution (Ninety-Eighth Amendment) Act,
2012
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Inserted Article
371J in the constitution. The objective was to empower the Governor of
Karnataka to take steps to develop the Hyderabad-Karnataka region.
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The
Constitution (Ninety-Ninth Amendment) Act,
2014 - QUASHED
by SUPREME COURT
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Inserted new
articles-124 A, 124B and 124C after article 124 of the constitution. The Act
also provided for the composition and the functions of the proposed National
Judicial Appointments Commission.
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The
Constitution (One Hundredth Amendment) Act, 2015
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It amended the First Schedule of the Constitution,
for the purpose of giving effect to the acquiring of territories by India and
transfer of territories to Bangladesh through retaining of adverse possession
and exchange of enclaves, in pursuance of the Agreement between India and
Bangladesh concerning the demarcation of the land boundary, signed on 16th
May 1974 and its Protocal, signed on 6th September, 2011.
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The
Constitution (One Hundred and First Amendment)
Act, 2016
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The act amends
the constitution to introduce "The Goods and Services Tax (GST)".
It amended the articles 248, 249, 250, 268, 269, 270, 271, 286, 366 &
368. Amended the Sixth & Seventh Schedules. Omitted article 268A.
Inserted new articles 246A (Special provision with respect to goods and services
tax), 269A (Levy and collection of goods and services tax in course of
inter-State trade or commerce) and 279A (Goods and Services Tax Council). The
act also provided for compensation to States for loss of revenue on account
of introduction of goods and services tax.
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