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Constitutional Amendments of Voters in India
Team SoOLEGAL 27 Jan 2022

Constitutional Amendments of Voters in India

The Indian Constitution is the world's biggest constitution. The highest rule of law in India is the Constitution. The text establishes the foundation for the delineation of essential political codes, structure, processes, powers, and responsibilities of government institutions, as well as fundamental rights, rules, and citizens' obligations.

B.R. Ambedkar, the head of the drafting committee, is widely recognized as the principal architect. The Constitution states India to be a sovereign, socialist, secular, democratic republic that seeks to foster brotherhood while safeguarding justice, equality, and freedom for its inhabitants.

The original 1950 Constitution is kept in helium-filled storage at the Parliament House in New Delhi. The words 'secular' and 'socialist' were inserted to the preamble during the Emergency in 1976. It was approved by the Indian Constituent Assembly on November 26, 1949, and went into force on January 26, 1950.

Article 368 of the Indian constitution states that the government has the authority to change the constitution. There are two kinds of amending procedures: rigid and flexible. It is extremely difficult for the people to modify the constitution under the inflexible system. The constitutions of the United States, Canada, and Australia are then read. The Flexible process, on the other hand, is where the constitution may be amended.

The Indian Constitution is both stiff and flexible, meaning that it is difficult to modify yet virtually adaptable. In accordance with Article 368 of the Indian Constitution, a provision must be proposed in any of the houses and must later be passed by a large majority or a simple majority. If the resolution is approved by a vote, it will be delivered to the president for his signature. The constitution has been revised 104 times in the 70 years since Indian independence. It began with 395 articles and 8 schedules and has now grown to over 450 articles and 12 schedules as a result of 104 changes.

Amendment of Indian Constitution Article 368
The Indian Parliament has the authority to change the Indian Constitution and its processes under Article 368 of the Indian Constitution. Amendments to the Indian Constitution are difficult to draught and must be consistent with previous clauses. Article 368 empowers Parliament to change the Constitution while maintaining its core structure. Article 368 of the Indian Constitution specifies two sorts of modifications to the Indian Constitution. The first sort of change is by a simple legislative majority (Lok Sabha and Rajya Sabha), the second by a special parliamentary majority, and the third by a special majority and half of the whole state.

Reason for Amendment Procedure by Article 368
Time is not static; it is always changing. The Constitution should be amended. People's social, cultural, and political circumstances are beginning to change. We would be unable to face future challenges if constitutional amendments were not adopted, and this would constitute a roadblock in the path of growth. There's a reason why our founding fathers built the constitution as strong as it is today. Its purpose is to guarantee that plans evolve in tandem with the country's progress. As a result, under Article 368, Parliament's rights to alter the constitution are infinite in terms of the portions of the constitution that it desires to amend.

The Indian Constitution’s Fundamental Structure
The Supreme Court held in the Kesavanand Bharati case of 1973 that the Parliament could not amend certain elements that comprise the core constitutional structure. Constitutional ideas that are necessary for constitutional existence examples include free and fair elections, the federal nature of the country, judicial review, and power separation. It states that the Constitution is built on some fundamental legislative frameworks and founding ideals. Nobody can get their hands on these.

Major Amendments in the Constitution

First Amendment, 1951

1.     The Constitution (First Amendment) Act of 1951 gave the state the authority to establish specific provisions to help the socially and economically disadvantaged classes.

2.     Savings law that allows for the acquisition of estates, for example.

3.     The Ninth Schedule was added to insulate the land reforms and other measures included in it from judicial scrutiny. Articles 31A and 31B were inserted following Article 31.

4.     Three new grounds for regulating freedom of expression have been added: public order, cordial relations with foreign nations, and incitement to an offence. It also rendered the restrictions 'reasonable,' and hence, by definition, justifiable.

5.     Freedom of expression, holding of Zamindari estate, State trade monopoly, and other issues were raised in the lawsuits. These laws violate property rights, free expression, and equality under the law.

The Constitution (7th Amendment), 1956

1.     The schedules for the second and seventh weeks have been altered.

2.     The present state division into four divisions (i.e., Part A, Part B, Part C, and Part D states) was repealed and reformed into 14 states and six federal territories.

3.     Union territories were granted high court jurisdiction.

4.     It was provided for two or more states to form a common high court.

5.     If extra and acting High Court justices are appointed.

6.     Implementing the recommendations of the State Reorganization Committee and the State Reorganization Act of 1956. State linguistic re – organization. Class A, B, C, and D have been phased out.

The Constitution (9th Amendment Act), 1960

1.     Facilitated the cession of the Berubari Union Indian territories (located in West Bengal) to Pakistan, as stipulated in the Indo-Pakistan Agreement (1958). The constitution's Schedule 1 was changed.

2.     Adjustments to Indian Territory as a result of an agreement with Pakistan. Following this, the Union submitted the subject to the Supreme Court, which decided that the Parliament's authority to reduce the extent of a state (under Article 3) did not encompass the cession of Indian territories to a foreign country. As a result, Indian Territory may only be transferred to a foreign state by modifying the Constitution in accordance with Article 368.

The Constitution (10th Amendment Act), 1961

1.     As a result of the purchase from Portugal, Dadra, Nagar, and Haveli were incorporated as Union Territories.

2.     Article 240 of the Constitution was changed.

The Constitution (11th Amendment Act), 1961

1.     Changed the mechanism for electing the Vice President by instituting an electoral college rather than a combined parliamentary sitting of the two chambers.

2.     Provided, however, that the election of the President or Vice President cannot be disputed because of a vacancy in the relevant electoral college.

The Constitution (12th Amendment Act), 1962

1.     The Indian Union absorbed Goa, Daman, and Diu as Union Territories.

2.     Article 240 of the Constitution was changed.

The Constitution (13th Amendment Act), 1962

1.     Article 371A provides for the formation of Nagaland State, with special protection.

2.     The constitution's Article 170 was amended.

The Constitution (15th Amendment Act), 1963

1.     Allows the High Court to issue writs to any person or authority, even if the cause of action falls beyond the jurisdiction of the court, if the cause of action arises within its geographical borders.

2.     The retirement age for high court judges has been raised from 60 to 62 years.

3.     As long as retired high court judges are nominated to serve as acting judges on the same court.

4.     The compensation allowance for the transfer of judges from one High Court to another was provided.

5.     Allowing the retired High Court judge to serve as an ad hoc judge on the Supreme Court.

6.     The mechanism for determining the age of Supreme Court and High Court justices was established.

The Constitution (24th Amendment Act), 1971

1.     Affirmed Parliament's ability to modify every part of the Constitution, including fundamental rights, by revising Articles 13 and 368.

2.     Made it mandatory for the President to sign off on a Constitutional Amendment Bill.

3.     The Twenty-fourth Constitutional Amendment Act was enacted in response to the Supreme Court's Golaknath ruling (1967), which held that Parliament lacks the ability to withdraw constitutional liberties by modifying the Constitution.

The Constitution (26th Amendment Act), 1971

1.     The old rulers of princely states' privy purses and privileges were abolished.

2.     Article 366 has been amended. Article 363A was added, while Articles 291 and 362 were removed.

The Constitution (31st Amendment Act), 1973

1.     The number of Lok Sabha seats has been increased from 525 to 545.

2.     This was done as a result of the country's growing population.

The Constitution (36th Amendment Act), 1975

1.     Sikkim became the 22nd state of Indian Union.

2.     The 10th schedule was omitted.

The Constitution (37th Amendment Act), 1975

1.     Parliament passed it on April 26th, 1975, to make way for a legislative Assembly and a Council of Ministers for Arunachal Pradesh, the North – westernmost Union Territory of the country.

The Constitution (39th Amendment Act), 1975

1.     The Lok Sabha passed the Bill on August 7, 1975, and it received presidential assent on August 9, 1975.

2.     The Act makes the election of a Prime Minister or Speaker of Parliament, as well as the election of the President and Vice-President, unassailable in court

3.     The Supreme Court threw down Article 329A in the case of State of Uttar Pradesh v. Raj Narain 1976 (2) SCR 347 for violating the basic structure.

The Constitution (40th Amendment Act), 1976

1.     The Parliament was given the authority to set the limits of the territorial seas, continental shelf, Exclusive Economic Zone (EEZ), and India's maritime zones at any moment.

2.     The 9th Schedule contains 64 additional Central and State laws, the most of which involve land reform.

The Constitution (42nd Amendment Act), 1976

Three extra phrases (socialism, secularism, and integrity) were added to the Preamble. Citizens have additional essential obligations (new part IV A). The President was bound by the cabinet's advice. Tribunals with the exception of administrative and other concerns (Added Part XIV A). Up to 2001, the Lok Sabha and state legislatures were frozen on the basis of the 1971 census — Population Management Mechanism. The constitutional amendments were adopted without judicial scrutiny. The Supreme Court and other high courts had limited the authority of judicial review and written jurisdiction. Increased the term of the Lok Sabha and state legislatures from 5 years to 6 years.

The Constitution (43rd Amendment Act), 1978

1.     This Act repeals the heinous basic provisions law (42nd Amendment) passed under the Emergency. It restores civil freedoms by repealing Article 31D, which granted Parliament the authority to restrict even lawful trade union activities in the name of anti-national activity prevention laws. The new legislation, which has been ratified by more than half of the states in conformity with the Constitution, also returns legislative powers to the states to establish suitable provisions for anti-national acts that are consistent with basic rights. The legislation also re-established the judiciary in its proper role.

2.     The Supreme Court will now have the authority to overturn state legislation, which the 42nd Amendment Act removes. The High Courts would now be allowed to decide the statutory legality of Central Legislation compelling persons living in remote places to obtain speedy justice without having to go to the Supreme Court.

The Constitution (44th Amendment Act), 1978

1.     Concerning the national emergency, the word 'internal disturbance' has been replaced by the term 'armed rebellion.'

2.     Has required the President to declare a national emergency only on the written proposal of the cabinet.

3.     Has enacted certain constitutional protections for a national emergency and the rule of law.

4.     The right to property was removed from the Fundamental Rights register and established a legal right instead.

5.     Provided, however, that the basic rights protected by Articles 20 and 21 cannot be suspended during a national emergency.

6.     The original tenure of the Lok Sabha and state legislatures (five years) has been reinstated.

7.     Restored the quorum norms in Parliament and state legislatures.

8.     The reference to the British House of Commons was removed from the parliamentary privileges clauses.

9.     The publication of honest accounts of legislative trials and state assemblies in a periodical was granted basic immunity.

10.  The President was permitted to return the cabinet's suggestions for reconsideration once. The reconsidered opinion, on the other hand, will be binding on the President.

The Constitution (52nd Amendment Act), 1985

1.     Provided for disqualification on the ground of defection of parliamentary members and state legislatures, and added a new Tenth Schedule containing the details in this regard.

2.     The Act made defection of another party unlawful after elections. Any member who defects after elections to another party will be disqualified from being a member of parliament or a legislature of the state.

The Constitution (58th Amendment Act), 1987

1.     Provided for an authorized text of the Constitution in Hindi and granted the Hindi version of the Constitution the same legal legitimacy as the English version.

2.     This requires particular arrangements for reserving seats for Scheduled Tribes in the states of Arunachal Pradesh, Nagaland, Mizoram, and Meghalaya. The seating alteration was put on hold until 2000 A.D. when Article 322 was amended.

The Constitution (61st Amendment Act), 1989

1.     The voting age for Lok Sabha and state legislative assembly elections has been reduced from 21 to 18 years.

2.     That was characterized by then-Prime Minister Rajiv Gandhi as an indication of the government's complete trust in the country's young. Because the kids are educated and intelligent, decreasing the voting age will allow the nation's unrepresented youth to express their emotions and maybe get involved in the political process.

The Constitution (62nd Amendment Act), 1989

1.     It asked for the prolongation for another 10 years of reserve of seats in Parliament and state legislatures for Scheduled Castes and Tribes, as well as reservation for election for the Anglo Indian community.

The Constitution (65th Amendment Act), 1990

1.     Article 338 of the Constitution has been changed to create a National Commission for Scheduled Castes and Scheduled Tribes comprised of a Chairperson, a Vice-Chairperson, and five additional members nominated by warrant under the supervision and seal of the Chairperson.

The Constitution (69th Amendment Act), 1991

1.     The purpose of the Act of Parliament was to grant Delhi statehood as the "Delhi National Capital Territory." This also proposes for a 70-member assembly and a 7-member ministerial council in Delhi.

The Constitution (71st Amendment Act), 1992

1.     The amendment allows Nepali, Manipuri, and Konkani to be included to the Constitution's Eighth Schedule. With the addition of these three languages, the number of languages in the Eighth Schedule rises to 18.

The Constitution (73rd Amendment Act), 1992

1.     The Parliament enacted the Seventy-third Constitutional Amendment Act, 1992, on 22 December 1992, and it was notified by the Central Government via the Official Gazette on 20 April 1993, when it was rectified by the lawmakers of the State and authorized by the President of India. The institutions of Panchayati Raj now have constitutional legitimacy.

2.     Because of Part VIII of the with the introduction of the responsibilities and duties of Panchayati Raj Institutions in Article 243A and the new schedule known as the Eleventh Schedule, a new section IX was introduced to the Constitution. The Act establishes Gram Sabha, a three-tier Panchayati Raj model, and the reservation of seats for SCs and STs in proportion to their population, as well as the reservation of one-third of seats for women.

The Constitution (76th Amendment Act), 1994

This Amendment Act raises the reservation ceiling for government employment and admission seats in educational institutions in Tamil Nadu to 69% in favor of socially and educationally disadvantaged groups. Furthermore, the Amendment Act was inserted in the Constitution's Ninth Schedule to insulate it from judicial examination.

The Constitution (77th Amendment Act), 1995

This amendment inserted a new section (4-a) to Article 16 of the Constitution, allowing the state to adopt any reservation measures in favor of SCs and STs in promotions in government employment if it believes they are underrepresented in state services. This was done to neutralize the effect of the Supreme Court's decision in the Mandal Commission case (Indra Sawhney vs. Union of India), in which the Court ruled that quotas on promotions are not permissible.

The Constitution (80th Amendment Act), 2000

Based on the suggestions of the Tenth Finance Committee, the Constitution (Eightieth Amendment) Act of 2000 created an alternate plan for the division of taxes between the Union and the Province. Under the existing income-sharing agreement between the Union and the states, 26 percent of total Federal tax and duty revenues are to be paid to the states in lieu of their current amount of income tax, excise duty, special excise duties, and exemptions from taxes on rail passenger fares.

The Constitution (81st Amendment Act), 2000

The unfilled vacancies of one year reserved for the Scheduled Castes and Scheduled Tribes in accordance with the clause of Reservations made pursuant to Article 16 of the Constitution shall be regarded as a distinct class of vacancies to be filled in every subsequent year or year, and these class of vacancies shall not be counted in accordance with the vacancies of the year in which they were filled to determine the limit of a quota of fifty pence.

The Constitution (84th Amendment Act), 2001

The Act amended Articles 82 and 170(3) of the Constitution to readjust and rationalize the geographical constituencies of the States without changing the number of seats allotted to each State in the House of People and Parliamentary Assemblies of States, including Scheduled Castes and Scheduled Tribes Constituencies, on a population-based basis determined in the 1991 census, in order to close the gap created by unequal population/electoral growth in different constituencies.

The Constitution (86th Amendment Act), 2002

1.     To make the right to free and compulsory education a basic right, the Act inserts a new Article, Article 21A, which grants the right to free and compulsory education to all children aged 6 to 14 years. Parts III, IV, and V of the Constitution are amended by the law (A).

2.     One of the most significant developments was that, with government assistance, the government required private schools to take 25% of their class size from socially vulnerable or underprivileged classes in society through a random allocation method. This step was done in order to provide everyone with a high-quality education.

The Constitution (88th Amendment Act), 2003

Service tax collected and appropriated by the Union and States, levied by the Union. The Acts amends Articles 268, 270 and VII schedule.

The Constitution (92nd Amendment Act), 2003

The amendment advocates the inclusion languages Bodo, Dogri, Maithili, and Santhali into the constitution's VIIIth Schedule. With the addition of these four languages, the number of languages in the VIIIth Schedule increases to 22.

The Constitution (95th Amendment Act), 2010

The amendment proposes to raise the quota of seats in the Lok Sabha and state legislatures for SCs and STs from 60 to 70 years.

The Constitution (96th Amendment Act), 2011

Replaced Odia for Oriya in Indian Constitution 8th Schedule.

The Constitution (97th Amendment Act), 2012

Article 19(l)(c) was amended to include the words "or cooperative societies" after the term "or unions," as well as the addition of Article 43B, Promotion of cooperative societies, and Part-IXB, Co-operative societies. The amendment's goal is to foster cooperative economic activities that would help rural India prosper. It is necessary not just to preserve cooperatives' independence and democracy, but also to keep management accountable to members and other stakeholders.

The Constitution (99th Amendment Act), 2014

It called for the setting up of the National judicial Commission.

The Constitution (100th Amendment Act), 2015

Other enclave areas are being exchanged with Bangladesh. Citizenship rights are being conferred to enclave inhabitants as a result of the signing of the Treaty of Land Boundary Agreement (LBA) between India and Bangladesh.

The Constitution (101st Amendment Act), 2016

1.     With the enactment and subsequent notices of the 101st Constitution Amendment Act, 2016, the Goods and Services Tax (GST) went into effect on September 8, 2016.

2.     Articles 246A, 269A, and 279A were incorporated into the constitution. The amendment permitted modifications to the 7th cycle of the constitution. Previously, Union List entry 84 included duties on cigarettes, alcoholic beverages, marijuana, Indian hemp, medicines and pharmaceuticals, and medical and bathroom arrangements. Following the modification, petroleum oil, high-speed gasoline, engine spirit (petrol), natural gas, and air turbine power, cigarettes, and cigarettes items should be mentioned.

3.     Entry 92 has been eliminated (newspapers and advertisements placed in them); they are now subject to GST. Entry 92-C (Service Tax) has been removed from the union list. Entry 52 (in-state sales tax) has been deleted from the State register.

4.     According to the provisions of List I Entry 92-A, Taxes on the export or purchase of products other than newspapers, have now been supplemented by Taxes on the sale of petroleum oil, high-speed gasoline, motor spirit (petroleum), natural gas, aviation turbine fuel, and alcoholic spirit for human consumption, but not including the sale or distribution in the form of inter-State commerce or commerce Reference 55 (Taxes on Advertising).

The Constitution (102nd Amendment Act), 2018

The bill seeks to give the National Commission on Backward Classes legal standing. It wants to establish a new Article 338B into the constitution that provides for the NCBC, its mandate, composition, functions, and different offices. Inserted a new Article 342-A authorizing the President to inform that state/union territory's list of socially and educationally disadvantaged classes.

The Constitution (103rd Amendment Act), 2019

Articles 15 and 16 of the Constitution were amended. It provides for the advancement of the economically disadvantaged segments of society. A considerable 10% of all government posts and college seats will also have a quota for voters other than the wealthy. This law is written with the intention of enforcing Article 46 of the Indian Constitution, a Directive Principle that requires the government to defend the educational and economic interests of the poorer parts of society.

The Constitution (104th Amendment Act), 2020

This increased seat quotas in the Lok Sabha for SCs and STs, as well as in state legislatures.

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  13 Apr 2022 3:57pm
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