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AMENDMENT OF THE CONSTITUTION PURPOSE:- inorder to adjust itself to the changing conditions and needs. ARTICLE 368 - PART XX. Power to amend ~ Parliament. Cannot amend those provisions which are part of the basic structure of constitution— Kesavananda Bharati case(1973). * Types of amendment — i) By simple majority of Parliament. ii)By special majority of Parliament. Tii)By special majority of Parliament and consent of States. MAJOR AMENDMENTS + 42° amendmentact,1976 - inclusion of socialist , secular and integrity. * 42°¢ amendment — mini constitution. Cases related to preamble:- + Berubari union case(1960) ~ Preamble is not a part of constitution. + Kesavananda Bharati case(1973) — Preamble is part of constitution and can be amended under article 368. + LIC of India case (1995) ~ Preamble is part of Constitution. ELATED TO FORMATION OF STATES S" amendment act,1955 — empowered President to prescribe a time limit for a state legislature to convey its views on proposed Central laws relating to formation of new states and alteration of areas , boundaries or names of existing states. 7% amendment act, 1956 - existing distinction among Part A , Part B, Part Cand Part D states was abolished. Part A and Part B — states Part C and Part D— union territory. RELATED TO FUNDAMENTAL RIGHTS. Sajjan Singh case (1965) — Supreme court held that Parliament can amend any part of constitution including fundamental rights. Golak Nath case(1967)— Fundamental rights cannot be amended. Kesavananda Bharati case( 1973) — Parliament can amend fundamental rights-basic structure doctrine. 24" amendment act,1971 — Parliament to amend fundamental rights. 42 amendment act,1976 — Swaran Singh committee -scope of article 31- (C widened so as to cover legislation for the implementation of DPSP_ 44" amendment act ,1978 — abolished right to property as fundamental right. RELATED TO EVOLUTION OF FUNDAMENTAL RIGHTS 1. Right to Equality: * 1tamendment act,1951 — Article 15(4) — special provisionsfor the advancement of SEBC — Chambak Dourairajan v/s state of Madras,1951. + 77 amendment act,1995 — reservation in promationsfor SC and ST’s. Article 16(4) B - carry forward policy-81* amendmentact,2000. . Right to freedom: 16" amendment act ,1963 — enlarged scope of reasonable restrictions to sovereignty and integrity of India. * 1" amendment act,1951 — friendly relations with foreign states, public order. * 86" amendment act,2002 = inserted article 21-4 — free and compulsory educationta children in age group of 6 to 14 years. N LATED TO DPSP 42" amendment act,1976—-4 more added, i) Article 39- To secure opportunities for healthy development of children, Ti) Article 39 A—To promote equal justice and free legal aid. to poor, lii)Article 43 A—‘To take steps to secure participation of workers in the management of industries, Iy) Article 48 A — To protect and improve the environment and to safeguard forests and wildlife. 44" amendment act,1978— Article 38- necessitated the state to abate inequalities in income , status facilities and opportunities. 86!" amendment act,2002— Article 45-modified subject matter — state to provide early childhood care and education for all children until they complete the age of six years. 97" amendment act,2011 — Article 43 B — state to promote voluntary formation , autonomous functioning , democratic control and professional management of co-operative societies. OTHER IMPORTANT AMENDMENTS + 1% amendment act,1951—added Ninth Schedule to protect land reform and other laws included in it from judicial review, + 24 amendment act.1971- made it compulsory for the President to give his assent to a Constitutional Amendment Bill. * 39% amendment act,1975 — placed the disputes relating to the: president,vice president , prime minister and speaker beyond the scope of judiciary. They are to be determined by an authority determined by Parliament. + 42 amendment act,1976— added fundamental duties — article 51 A. Made President bound by advice of cabinet. Provided that the laws made for implementation of DPSP cannot be declared invalid by courts on grounds of violation of some fundamental rights. + 44" amendment act,1978— empowered President to send back once the advice of the cabinet for reconsideration . Reconsidered advice is binding on President. Made the President to declare national emergency only on written recommendation of cabinet. Provided fundamental rights under article 20 and 21 cannot be suspended during national emergency. 52”! amendment act,1985 — added 10 schedule — anti defection. + 61% amendment act, 1988 — reduced voting age from 21 to 18 years. * 69" amendment act,1991 — special status for Delhi — National Capital Territory of Delhi. + 73™ amendment act.1993 = granted constitutional status to Panchayati Raj institutions. + 74" amendment act,1993— granted constitutional status to urban local bodies. 101th amendment act,2017-— introduction of GST 102th amendment act,2018-— constitutional status to National Commission for Backward Classes 103" amendment act,2019— 10% economic reservation. 104*t amendment-Extended the deadline for the cessation of seats for SCs and STs in the Lok Sabha and states assemblies from Seventy years to Eighty. Removed the reserved seats for the Anglo-Indian community in the Lok Sabha and state assemblies. 105" amendement-The Constitution (One Hundred and Fifth Amendment) Act, 2021 is designed to clarify that the states can maintain the “state list” of OBCs.

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