You are on page 1of 4

What is Constitution 95th Amendment Bill 2003?

The Constitution 95th amendment bill was passed and came into effect as Constitution (88th Amendment
Act 2003 to place "Service Tax " formally under Union List.
In the Seventh Schedule to the Constitution, under Article 246, the item relating to "taxes on services"
was not specifically mentioned in any entry either in the Union List or in the State List. At the same
time Entry 97 of the Union List empowers the Union Government to Make laws in respect of any
other law which is not enumerated in list II (State List ) and List III (Concurrent list), including any
tax which has not been mentioned in Union List or the State List. Since "Taxes on Services" is not
there in either of the lists, the central government kept levying the service tax exercising the powers
under Entry 97 of the union List. ''

To place the Service Tax formally, The Constitution 95th Amendment Bill was passed in Lok Sabha
on May 7, 2003. (link) . After coming into effect as Constitution (88th Amendment Act 2003, this
amendment act has inserted article 268A and amended article 270. It inserted in the Union List Item
92 C 'taxes on services"

What is Constitution (96th Amendment) Bill, 2003

Constitution (96th amendment )Bill was passed by Lok Sabha on May 6, 2003 & Rajya Sabha on August 5,
2003. This act updates delimitation against the very latest count of the population.

Background: The 42nd amendment of the Constitution had imposed a freeze on the delimitation of
the constituencies. 42nd amendment also provided that until the relevant figures for the first census
taken after the year 2000 have been published, it shall not be necessary to readjust the allocation of
seats in the House of the People to the States and the division of each State into territorial
constituencies under this article.".

In this context, Constitution 84th amendment act 2001 (It came into force on 21-02-2002 ) lifted the
freeze on delimitation of the constituencies imposed by the 42nd amendment act and allowed
delimitation within the states on the basis of 1991 census. However, readjustment of seats on Lok
Sabha & Rajya Sabha was frozen up to 2026.

Pursuant to Constitution 84th amendment act 2001, the delimitation act 2002 was also passed. This
paved the way for constitution of Delimitation Commission on July 12, 2002. Justice Kuldip Singh, a
retired Judge of Supreme court was appointed its chairman and one member of election commission
and state election commissioners as its ex-officio members.

In June 2003, Parliament Passed the Constitution (87th amendment act) 2003. This amendment
provided that the delimitation of the assembly and parliamentary seats should be done on the basis
of 2001 census figures. This decision made the Delimitation Commission to start work afresh.

Meanwhile in March 2004, the Lok Sabha got dissolved and fresh elections were held for 14th Lok
Sabha. During the same period Guwahati High Court stated the delimitation exercise in respect with
Arunachal Pradesh, Assam, Nagaland and Manipur. The court took this decision on the basis of
dispute in census figures.

Thus we can understand that the main task of the Delimitation Commission set up, under the
Delimitation Bill 2002, pursuant to the 84th Amendment, is to re-adjust the territorial constituencies
in the House of the People with regard to the seats allocated to each state and the re-adjustment of
the territorial constituencies of the Legislative Assembly of each state.

In other words, the rationalization of the constituencies, including re-fixing of the number of seats
reserved for the Scheduled Castes and Scheduled Tribes, was earlier to be done on the basis of the
1991 Census and after 84th amendment on the basis of 2001 Census. But within the overall number
of seats allocated to each state for Parliament and within the state for its Assembly as frozen at the
1971 levels. The 96th Constitutional Amendment is a progressive step that updates delimitation
against the very latest count of the population.

What is Constitution (97th Amendment) Bill?

The Constitution (97th Amendment) is also known as an amendment to Anti-Defection Law.

Background: Defection which literally means (withdrawing support or help despite allegiance or
responsibility) leads to political instability. The Constitution (52nd Amendment) Act 1985 was passed
to curb the menace of defection and clip the wings of “Aya Ram, Gaya Ram” (political word for
describing the practice of floor-crossing by members).
This amendment added the Tenth Schedule to the constitution which contained the provisions
regarding the disqualification of members of the parliament or state legislatures in the event of
defection. In other words Tenth Schedule, also known as the Anti-Defection Act was included in the
Constitution in 1985 by the Rajiv Gandhi ministry and sets the provisions for disqualification of
elected members on the grounds of defection to another political party.

Further Constitution (Ninety First Amendment) act of 2003 brought certain changes in the 1985 Anti-
defection Law. This amendment deleted paragraph 3 of the Tenth Schedule. Deleting this paragraph
allowed one-third of the legislature party to split without attracting provisions of the existing ant
defection law. The Constitution (Ninety First Amendment) debarred the defectors from holding any
public office as a minister or any other remunerative post till the end of the current term or till fresh
elections are hold.

At the same time, the Constitution (Ninety First Amendment) 2003 also sought to check defection by
restricting the size of Council of Ministers 15% of the Lok Sabha & Assembly members.

Due the these developments, it is not possible for handful members to split and create new parties.
If any member splits, he disqualifies the membership and seek fresh election.

Further, there was one more amendment to Anti Defection Law in the form of Constitution (97th
Amendment) Act. The 97th amendment bill sought to reduce the size of the ministerial council to
10% of the members. In other words, after this amendment, the size of the Council of Ministers
cannot be more than 10 per cent of respective strengths of Parliament and State legislatures.

This amendment was carried out during NDA Government's regime and based upon
recommendations made by Dinesh Goswami Committee, Law Commission of India and the National
Commission to Review the Working of the Constitution (NCRWC).

What is Constitution 98th Amendment Bill?

The Constitution 98th amendment Bill sought to constitute a National Judicial Commission. The bill
propsed to include a Chapter IV-A in Part V of the Constitution which shall be in charge of appointing
judges to the higher judiciary and for transferring High Court Judges. The bill also sought to
empower the National Judicial Commission to draw up a code of ethics for judges, inquire into the
cases of misconduct or deviant actions of a judge other than those that are punishable with his or
her removal, and advise the chief justice of India or chief justice of High Courts appropriately after
such enquiry.

Current status: Lapsed

What is Constitution 99th Amendment Bill?

The constitution (99th amendment) Bill sought to protect the rights of the non-tribals in the newly elected
Bodo Territorial Council (BTC) by keeping intact the existing representation of the scheduled tribes
and nonscheduled tribes in the Assam legislative assembly from the Bodoland territorial Council
Areas district. This amendment bill came in effect as constitution 90th Amendment act 2003

What is Constitution 100th Amendment Bill?

The Constitution (100th) amendment Bill sought to insert Bodo, Dogri, Maithili and Santhali in the 8th
schedule of the constitution. This act was passed and came into force as Constitution (92nd
Amendment) Act 2003. This act took the number of official languages in India to 22.

What is Constitution (103rd Amendment) Bill, 2004?

The Constitution (One Hundred and Third Amendment) Bill, 2004 along with National Commission for
Minorities (Repeal) Bill, 2004 was introduced in Lok Sabha on 23.12.2004. Bills were referred to the
Department-related Parliamentary Standing Committee on Social Justice and Empowerment.
Chairperson of this committee was Smt Sumitra Mahajan and the committee submitted its report on
February 21, 2006.
4 MAY 2010
What is Constitution (104th Amendment) Bill, 2005?
Constitution (One Hundred and Fourth Amendment) Bill was pased 22nd December, 2005. President A. P.
J. Abdul Kalam signed it on January 20, 2006 and the 104th Constitution Amendment Bill became
the the Constitution 93rd amendment Act, 2005.
This bill has been quite famous as "Quota Bill". It adds a new clause to Article 15 of the Constitution.
This act amends the article 15 and adds clause 15(5) after Clause 15(4).

What is Constitution 105th Amendment Bill?

The Constitution (One Hundred Fifth) Amendment Bill, 2006 sought to exclude Bihar from purview of
article 164 (1) and to extend the provision of this article to Chhattisgarh and Jharkhand. This bill was
passed and got assent of the President on June 12, 2006. The bill came in effect as Constitution
(94th Amendment) Act 2006.
Note: Article 164 (1) provides for a minister in charge of the tribal welfare, who may in addition be in
charge of the welfare of the scheduled castes and backward classes of Bihar, Madhya Pradesh &

What is Constitution (106th Amendment) Bill, 2006?

Constitution (One Hundred and Sixth Amendment) Bill, 2006 was introduced in the Lok Sabha on May 22,
2006. It was referred to the Department Related Standing Committee on Agriculture which submitted
its report on August 20, 2007. Chairperson of this committee was Prof. Ram Gopal Yadav.

The Constitution (106th Amendment) Bill proposed to to insert a new part IX B in the Constitution
and adding Articles 243ZH through 243ZT providing for incorporation, regulation and winding up of
co-operative societies.

What is Constitution (One Hundred and Seventh Amendment) Bill, 2007?

The Constitution (One Hundred and Seventh Amendment) Bill, 2007 had been introduced in Lok Sabha on
November 30, 2007. The Sixth Schedule to the Constitution (Amendment) Bill, 2007 was also
introduced with the same bill.
What is Constitution (108th Amendment) Bill 2008 or Women‘s Reservation Bill?
Constitution (108th Amendment) Bill or Women’s Reservation Bill has been the most highlighted
amendment bills of recent times. This bill was introduced in Rajya Sabha on May 6, 2008 and passed
in Rajya Sabha on March 9, 2010.
Constitution (108th Amendment) Bill 2008 seeks to reserve one-third of all seats for women in Lok
Sabha and the state legislative assemblies. The allocation of the reserve seats to be determined by
an authority or as prescribed by the parliament. Seats may be allotted by rotation.
The bill also seeks to reserve one-third of SC & ST seats for women of those classes.
The bill further says that the reservation shall cease to exist in 15 years from the commencement of
the act
What is Constitution (109th Amendment Act) 2009?
Constitution (109th Amendment Act) 2009 was passed by Rajya Sabha on the 3rd August, 2009 & Lok
Sabha on the 4th August, 2009 and ratified by the legislatures of not less than one-half of the states,
and assented to on 18 Jan., 2010.

Background: Through this amendment article 334 of the Constitution, for the words "sixty years",
the words "seventy years" shall be substituted.
This article has sought to extend the reservation of seats for SCs and STs in the Lok Sabha and state
assemblies by another 10 years. The time period of 60 years under article 334 of the constitution
was to lapse on January 25, 2010 and this bill extends the reservation beyond January 25, 2010.
Current status : Passed and this is the Latest Passed Amendment Act

What is Constitution (110th Amendment) Bill, 2009 ?

The Constitution (One Hundred and Tenth Amendment) Bill, 2009 was introduced in the Lok Sabha on
November 26, 2009 by the Minister of Panchayati Raj, Shri C.P. Joshi.

Article 243D of the Constitution provides that a minimum of one-third of the total number of seats
filled by direct elections in the Panchayats shall be reserved for women. The seats may be allotted by
rotation to different constituencies in a Panchayat.

Offices of Chairpersons in Panchayats shall be reserved for SC/STs and women in a manner to be
prescribed the state legislatures. The reservation shall be in proportion to the population of SC/STs
in the state. Also, a minimum of one-third seats shall be reserved for women among the total
number of offices of Chairpersons in the Panchayats.

The Bill seeks to amend the article 243D to enhance the quantum of reservation for women from
one-third to one-half of the total seats in the Panchayats. Similar reservation shall be provided
among the total number of offices of Chairpersons.
Current Status:
The bill is pending . The Bill was referred to the Department related Standing Committee on Rural
Development (Chairperson: Smt Sumitra Mahajan), which has to submit its report.

What is The Constitution (111th Amendment) Bill, 2009 ?

The Constitution (One Hundred and Eleventh Amendment) Bill, 2009 was introduced in the Lok Sabha on
November 30, 2009 by Sh. Sharad Pawar , Minister of Agriculture, Consumer Affairs and Public
Distribution System.

• The Bill adds a new Directive Principles of State Policy stating that the “State shall endeavour to
promote voluntary formation, autonomous functioning, democratic control and professional
management of co-operative societies.”
• It further inserts a new part IX B in the Constitution (adding Articles 243ZH through 243ZT),
which outlines certain guidelines for running co-operative societies.

What is Constitution (112th Amendment) Bill?

The Constitution (112 th Amendment) Bill was introduced in the Lok Sabha on November 24, 2009 and
this bill seeks to seeks to amend many clauses of Article 243T of the Constitution, providing for
reservation of seats for Scheduled Castes and Scheduled Tribes and also for the women in Urban
local Bodies.

Current Status (Till: March 2010) :This Bill has been approved and now has been referred to the
Departmentally-related Parliamentary Standing committee on Urban Development for examination
and report in March 2010.
Parliamentary Standing committee on Urban Development now invites suggestions the same bill. The
committee is headed by Mr. Sharad Yadav. The memoranda containing views of the
individuals/organizations interested in the subject matter of the Bill, and also to hear oral evidence
on the subject are invited.

Background: The Constitution (112th Amendment) Bill 2009 to provide for 50% reservation of
women in Urban Local Bodies
Which is Latest Amendment Bill / What is Constitution (One Hundred and Thirteenth Amendment) Bill,
The latest amendment bill is Constitution (One Hundred and Thirteenth Amendment) Bill, 2010 which was
introduced on March 15, 2010. The Current Status of this bill is : pending
Background: The Government of Orissa had forwarded to the Central Government in December
2008, the Resolution passed by the Legislative Assembly of Orissa on 28th August, 2008 that, inter
alia, the name of the language specified as "Oriya", in the Eighth Schedule of Constitution be
changed as "Odia" and translation of the word "Odia" in Hindi language should be revised as " ओिडया "
accordingly and authorised the Government of Orissa to place the matter before Government of India
for change of name of the State and change of language of the State and change of their Hindi
translations. The Constitution (One Hundred and Thirteenth Amendment) Bill, 2010 seeks to change
of name of the language mentioned in the Eighth Schedule of the Constitution of India, from 'Oriya'
to 'Odia'.