Important Constitutional Amendments

First Amendment (1st) (1950): Introduced the 9th Schedule to give legislation-furthering land reform, immunity from judicial review.

Seventh Amendment (7th) (1956): Reorganization of States on a linguistic basis.

Twenty-sixth (26th)  Amendment (1971): Abolished Privy Purses and privileges of the former rulers of Indian States.

Thirty-ninth (39th) Amendment (1975): Introduced changes in the method of deciding election disputes relating to the four high officials of the State viz. President, Vice-President, Prime Minister and the Speaker. Further, it sought to nullity decision of the Allahabad High Court invalidating the election of Prime Minister Indira Gandhi.

Forty-second (42nd) Amendment (1976): Also called ‘mini-Constitution’; amended Preamble to add the words ‘socialism’, ‘secularism’ and’ integrity of nation’; introduced a Chapter on Fundamental Duties; created Administrative Tribunals.

Forty-fourth(44th) Amendment (1978): Omitted Right to Property as a Fundamental Right and made it only a legal right; Art. 352 was amended to remove the word ‘internal disturbance’ as a ground for imposition of internal emergency and replaced it with the words ‘armed rebellion’ .

Fifty-second (52nd) Amendment (1985): Contains Anti-defection provisions, added the Tenth Schedule.

Sixty-first (61st) Amendment (1989): Amended Art. 326 to reduce voting age from 21 to 18 years.

Sixty-fifth (65th) Amendment (1990): Established a National Commission for SCs and STs.

Seventy-first (71st) Amendment (1992): Gave official status to three regional languages – Nepali, Konkani and Manipuri in the Eight Schedule.

Seventy-third (73rd) Amendment (1992): Provides Constitutional status to Panchayati Raj, added the Eleventh Schedule.

Seventy-fourth (74th) Amendment (1992): Provides Constitutional status to municipal government, added the Eleventh Schedule.

Seventy-sixth (76th) Amendment (1994): Places in the Ninth Schedule, provisions of Tamil Nadu Reservation Act wherein 69% reservation has been provided, which is in excess of Supreme Court’s ceiling of 50% in Mandal Case.

Seventy-seventh (77th) Amendment (1995): Amended Art. 16, making provisions for reservation in matters of promotion for SCs and STs to any classes of posts in the services under the State [Art. 16(4-A)].

Seventy-eighth (78th) Amendment (1995):  Place land reform acts and amendments to these act under Schedule 9 of the constitution.

Seventy-ninth (79th) Amendment (1999): Reservation of seats for SCs/STs and special representation to Anglo-Indian community in the House of the People and Legislative Assemblies of the States was raised to 60 years from the commencement of Constitution.

Eightieth Amendment (2000): Art. 269 amended for the provision of taxes on the sale or purchase of goods and taxes on the consignment of goods which shall be levied and collected by the Government of India but shall be assigned and be deemed to have been assigned to by States on or after the first day of April, 1996 in the manner provided in Art. 269 (2).

Eighty-first(81st) Amendment (2000): The amendment added Art. 16 (4-8) which empowers the State Government to consider at their behest the unfilled reserved vacancies of a year for being filled up in that year in accordance with any provision for reservation as a separate class of vacancies to be filled up in any succeeding year, etc.

Eighty-second(82nd) Amendment (2000): Amendment makes provision for no interference to be made in making of any provision in favour of the numbers of SCs and STs for relaxation in qualifying marks in any examination for lowering the standards of evaluation for reservation in matters of promotion to any class or classes or services of posts in connection with the affairs of the Union or of a State.

Eighty-third(83rd) Amendment (2000): Amendment was made in Art. 243M of the Constitution stating “that nothing in Art. 243, relating to reservation of seats for the Scheduled Castes’ shall apply to the State of Arunachal Pradesh.

Eighty-fourth(84th) Amendment (2001): Substituted the figures ‘2000’ with ‘2026’ making it clear that as the result of 1971 and 1991 census there willbe no increase in the strength of Parliament and State Legislatures.

Eighty-fifth(85th) Amendment (2001): Amended Clause (4-A) of Art. 16 and substitutes for the words “in matter of promotion to any class” the words “in matters of promotion with consequential seniority, to any class”.

Eighty-sixth(86th) Amendment (2002) – The amendment provides Right to Education until the age of fourteen and early childhood care until the age of six. The State shall endeavour to provide early childhood care and education to children below the age of 6 years.It shall be the duty of every citizen of India who is parent or guardian to provide opportunities for education to his child or ward between the age of 6 and 14 years.

Eighty-seventh (87th) Amendment (2003) – As per this Amendment, the allocation of seats in the House of People and division of each State into territorial constituencies will be done on the basis of population as ascertained at the ‘2001’ census and not at ‘1991’ census.

Eighty-eighth(88th) Amendment (2003) – This Amendment has inserted Art. 268A which empowers the Central Government to impose Service Tax. The proceeds of such tax shall be collected and appropriated by the Union and State Governments in accordance with such principles of collection and appropriation as may be formulated by Parliament by law.

Eighty-ninth(89th)  Amendment (2003) – This Amendment has amended Art. 338 and inserted a new Art. 338A, so as to provide for the appointment of separate Commissions for Scheduled Castes and Scheduled Tribes.While Art. 338 have provided for a ‘National Commission for Scheduled Castes’ in place of ‘National Commission for Scheduled Castes and Scheduled Tribes’, Art. 338A has provided for ‘National Commission for Scheduled

Tribes’. Each Commission is to consist of a Chairman, Vice Chairman and three other members. The members of the Commission shall be appointed by the President of India.

Ninetieth (90th)  Amendment , 2003 – This Amendment has inserted a Proviso to Art. 332 (6), so as to provide for the existing representation of the Scheduled Tribes and non-Scheduled Tribes, in the constituencies included in the Bodoland Territorial Areas District, so notified and those existing prior to the constitution of that District, for the elections to the Legislative Assembly of the State of Assam.

Ninety First (91st) Amendment  2003 – This Amendment is enacted to strengthen and amend the Anti-Defection law as contained in the Tenth Schedule and to do away with jumbo-size Ministries. The size of the Council of Ministers at the Centre as also in States shall not exceed 15 percent of the total number of the members in the House of the People/ Legislative Assembly of the State, respectively. In case of States, it (including Chief Minister) shall. not be less than 12 members (in smaller States like Sikkim, Mizoram and Goa).

Ninety Second(92nd) Amendment , 2003 – This Amendment has added “Bodo”, “Dogri”, “Maithili” and “Santhali” in the Eight Schedule to the Constitution, raising the number of official languages recognized by the Constitution to 22.

Ninety Third(93rd) Amendment 2005 – This amendment has added a new Clause (5) to Art. 15 of the Constitution. Clause (5) provides that nothing in Art. 15 or in Art. 19(1 )(g) prevent the State in making any special provision, by law, for the advancement of socially and educationally backward classes of citizens or for the Scheduled Castes or Scheduled Tribes in so far as such special provision relate to admission to educational institutions, including private educational institutions, whether aided or unaided by the State, other than minority educational institutions referred to in Art. 30 (I).

Ninety Fourth(94th)  Amendment , 2006 – The new States Chhattisgarh and Jharkhand were formed by the M.P. Reorganisation Act, 2000 and Bihar Reorganisation Act, 2000. As a consequence of reorganization of Chhattisgarh and Jharkhand States, whole of the Scheduled Area of M.P. was transferred to the State of Jharkhand. Therefore, 94th amendment has substituted the word ‘Bihar’ in Art. 164(1) of the Constitution by words ‘Chhattisgarh and Jharkhand’.

Ninety Fifth (95th) Amendment 2010– This amendment extended the reservation of seats for SC/STs in the Lok Sabha and legislative State Assemblies for ten more years.

Ninety Sixth (96th)  Amendment 2011-“Oriya” Language was changed to “Odia” in the 8th Schedule of Constitution.

Ninety Seventh(97th) Amendment 2012– “Co-cooperative societies” in Article 19 (1)(c) and inserted article 43 B i.e. promotion of cooperative societies and added part IXB i.e. The  co-operative societies.

Ninety Eighth(98th)  Amendment 2013– To empower the governor of Karnatka to take steps to devolp the Hyderabad-Karnatka Region.

Ninety Ninth(99th)  Amendment 2014-The amendment provides for the formation of a National Judicial Appointments Commission.

Hundred(100) Amendment 2015– Exchange of certain enclave territories with Bangladesh and conferment of citizenship rights to residents of enclaves consequent to signing of Land Boundary Agreement (LBA) Treaty between India and Bangladesh.

Hundred One (101)  Amendment 2016– Goods and Services (GST) Bill.

—————————

*Dr. Deepak Miglani, Email Id.:- [email protected]

Leave a Comment