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Constitutional Amendment PDF
Constitutional Amendment PDF
AMENDMENT
The procedure of amendment makes the The provisions requiring this special
Constitution of India neither totally rigid nor procedure to be followed include- (a) manner of
totally flexible, rather a curious mixture of both. the election of the President, (b) matters relating
Some provisions can be easily changed and for to the executive power of the Union and of the
some others, special procedures are to be State, (c) representation of the States in
followed. Despite the fact that India is a federal Parliament (d) matters relating to the Union
state, the proposal for amending the Judiciary and High Courts in the States (e)
Constitution can be initiated only in the House distribution of legislative powers between the
of the Union Legislature and the State Union and the States (f) any of the List in the
Legislatures have no such power. Seventh Schedule (g) provisions of Article 368
relating to the procedure for amendment of the
In fact, there are three methods of amending Constitution, etc.
the Constitution. But Article 368 of the
Constitution which lays down the procedure for 3. There are certain provisions which
amendment mentions two methods: require simple majority for amendments.
They can be amended by the ordinary
1. An amendment of the Constitution
law making process. They include (a)
may be initiated only by the introduction
formation of new States and alteration
of a Bill for the purpose in either House
of areas, boundaries or names of existing
of Parliament and when a Bill is passed
ones (b) creation or abolition of
in each House.
Legislative Councils in the States (c)
(i) by a majority of total membership of administration and control of Scheduled
that House. Areas and Scheduled Tribes (d) the
(ii) by a majority of not less than two-thirds salaries and allowances of the Supreme
of the members of that House present Court and High Court Judges (e) laws
and voting, it shall be presented to the regarding citizenship, etc. It is
President who shall give his assent to significant that the laws passed by
the Bill and there upon the Constitution Parliament to change the above
shall stand amended in accordance with provisions would not be deemed to be
the term of the Bill. amendments of the Constitution for the
purpose of Article 368.
Most of the provisions of the Constitution
Some important amendments are:
can be amended by this procedure.
2. For amending certain provisions a The Constitution (First Amendment) Act, 1951
special procedure to be followed,
In June 1951, the Constitution (First
(i) a Bill for the purpose must be passed in Amendment) Act was passed, and the following
each House of Parliament by a majority Amendment in the Constitution were inserted :
of total membership of the House, (i) To Article 15, a new clause (4) was added: (ii)
(ii) by a majority of not less than two-thirds clauses (2) and (6) of Article 19 were recast; (iii)
of the members of that house present After Article 31, Article 31A and 31B were
and voting and inserted; (iv) For original Article 85, a new Article
was substituted; (v) In Article 87, clauses (1) and
(iii) it should be notified by the legislatures (2) were recast; (vi) For the original Article 174,
of not less than one-half of the States a new Article was substituted; (vii) In Article
before the Bill is presented to the 176, clauses (1) and (2) were recast: (viii) Clause
President for assent. (1) of Article 341 was recast; and similarly, clause
The Constitution (Thirty-fifth and Thirty-sixth The Constitution (Fortieth Amendment) Act,
Amendment) Acts, 1974-1975 1976
The 35th Amendment Act introduced an The Amendment Act extended immunity to
innovation in the Indian Constitution by 64 Central and State statues by including them
conferring on Sikkim the status of an associate in the IX Schedule. These statues pertained to
in the Indian Union. This was however, a short- lad reform, Urban Ceiling and prevention of
lined experiment. The people of Sikkim desired publication of objectionable matter.
to be and integral part of India. Accordingly, the
The Constitution (Forty-first Amendment) Act,
Constitution Thirty-sixth Amendment Act was 1976
enacted in 1975 to confer full-fledged statehood
on Sikkim. The Constitution (Forty-first Amendment
Act), 1976 raised the age of retirement of the
The Constitution (Thirty-seventh Amendment)
chairman and members of State Public Service
Act, 1975
Commissions from 60 to 62.
The Amendment upgraded the status of
The Constitution (Forty-second Amendment)
Arunachal Pradesh as a Union Territory. Articles Act, 1976
239A and 240 were amended so as to authorize
Parliament to create for Arunachal Pradesh a The 42nd Constitutional Amendment Act
Legislature and Council of Ministers. brought a number of changes in the
Constitution. The Act inter-alia gave
The Constitution (Thirty-eight Amendment)
preponderance to the Directive Principles of State
Act, 1975
Policy over the Fundamental Rights. Established
This Amendment Act was enacted during the supremacy of Parliament and curtailed the
the emergency to make certain modification in powers of Judiciary. The Act was first of its kind.
the emergency provisions. The Presidential Is was the most comprehensive Act and touched
‘satisfaction’ to issue a proclamation was almost all the sensitive areas of the Constitution.
declared to be final and conclusive. A The Amendment was meant to enhance
classificatory clause was added to Article 356(1) enormously the strength of the Government.
so as to make Presidential ‘satisfaction’ to issue
The major Amendments made in the
a proclamation there under as ‘final and
conclusive’ which shall not be questioned in any Constitution by the 42nd Amendment Act are:
court on any ground.
Preamble
This Amendment also declared that the
The characterization of India as ‘Sovereign
‘satisfaction’ of the President and a State
Democratic Republic’ has been changed to
Governor to issue ordinances would be ‘final and
‘Sovereign Socialist Secular Democratic
conclusive’ and shall not be questioned in any
Republic’. The words ‘Unity of the nation’ have
court on any ground’.
been changed to ‘Unity and integrity of the
The Constitution (Thirty-ninth) Amendment) nation’.
Act, 1975
Parliament and State Legislatures : The life
The voiding of the election to the Lok Sabha of the Lok Sabha and State Legislative Assemblies
of PM Indira Gandhi by the Allahabad High was extended from 5 to 6 years.
The Constitution (Eighty-fourth Amendment) The Act adds Article 338A and provides for
Act, 2001 the creation of National Commission for
Scheduled Tribes.
The Act amended provisions to Article 82
and 170(3) of the Constitution to readjust and The Constitution (Ninetieth Amendment) Act,
rationalise the territorial constituencies in the 2003
States, without altering the number of seats The Act amends Article 332 and adds section
allotted to each State in the House of People and (6) regarding representation in the Bodo
Legislative Assemblies of the States, including Territorial Areas District in the State of Assam.
the Scheduled Castes and Scheduled Tribes
Constituencies, on the basis of the population The Constitution (Ninety-one Amendment) Act,
ascertained at the census for the year 1991 so as 2003