MAJOR

CONSTITUTIONAL
AMENDMENTS
Presentation by-
What is Constitutional Amendment?
➔ Modification of the Constitution
◆ Directly altering the text, or
◆ Supplemental additions.
➔ Requires passing a special procedure, like
◆ Qualified majority,
◆ Direct approval by electorate in
referendum, or
◆ A combination of two or more different
special procedures.
 Procedure
➔ The Constitution of India provides for a distinctive amendment
process when compared to the Constitutions of other nations. this
can be described as partly flexible and partly rigid.

➔ Introduction of a Bill in either House of Parliament

➔ The Bill must then be passed in each House by a majority of the total
membership of that House and by a majority of not less than two-
thirds of the members of that House present and voting.

➔ The Bill, passed by the required majority, is then presented to the

President who shall give his assent to the Bill.
➔ If the amendment seeks to make any change in any of the
provisions mentioned in the provision to article 368, it must be
ratified by the Legislatures of not less than one-half of the
States.

➔ There is no provision for a joint sitting in case of disagreement

between the two Houses.
Major Amendments
● 7th Constitutional Amendment Act, 1956
● 42nd Constitutional Amendment Act, 1976
● 44th Constitutional Amendment Act, 1978
● 52nd Constitutional Amendment Act, 1985
● 61st Constitutional Amendment Act, 1988
● 73rd Constitutional Amendment Act, 1992
● 74th Constitutional Amendment Act,1992
● 86th Constitutional Amendment Act, 2002
● 101st Constitutional Amendment Act, 2016
● 102nd Constitutional Amendment Act, 2018
● 103rd Constitutional Amendment Act, 2019
7th Constitutional Amendment Act,
1956

➔ Passed on October 19, 1956

➔ Came into force on November 1, 1956
➔ Abolished existing classification of States into four categories
➔ Extended jurisdiction of High Courts to Union Territories
➔ Establishment of common High Court for two or more States
➔ Appointment of additional and acting judges of the High Court
42nd Constitutional Amendment Act,
1976
➔ ‘Mini Constitution’, ‘Constitution of Indira’
➔ Implemented recommendations of Swaran Singh Committee
➔ most comprehensive and controversial constitutional amendment
➔ attempted to reduce the power of the Supreme Court and High Courts
➔ moved the political system toward parliamentary sovereignty.
➔ Introduced Fundamental Duties
➔ Added three new words (i.e., socialist, secular and integrity) in the Preamble
➔ In its election manifesto for the 1977 elections, the Janata Party promised to
restore the Constitution to the condition it was in before the Emergency
➔ Congress lost control of India for the first time in independent India in the
Indian general election, 1977
➔ Congress vetoed the 42nd Amendment repeal bill in Rajya Sabha
➔ Janata government then brought the 43rd and 44th Amendments in
1977 and 1978 respectively
➔ It revoked the 42nd Amendment's provision that Directive Principles
take precedence over Fundamental Rights
➔ It also curbed Parliament's power to legislate against "antinational
activities"
➔ However, the Janata Party was not able to fully achieve its objective of
restoring the Constitution to the condition it was in before the
Emergency.
44th Constitutional Amendment Act,
1956
➔ Enacted by Janata Government to nullify some of the amendments
made by 42nd Amendment.
➔ Tried to make Indian polity more democratic through-
◆ Constitutional protection to publication in newspaper of the
proceedings of the Parliament and State Legislatures.
◆ The President may only once send advice of the Cabinet for
reconsideration.
◆ Restoration of some powers of the Supreme Court.
◆ Fundamental Rights Guaranteed by Articles 20 and 21 cannot be
suspended during a national emergency.
◆ The Right to Property was deleted from the list of fundamental
right. It is now only a legal right under the Constitution.
Amendments related to Emergency -
● ‘internal disturbance’ ground for proclamation of emergency was
substituted by ‘armed rebellion’
● Decision of Union Cabinet on proclamation of emergency has to be
communicated to the President in writing
● Proclamation of Emergency has to be approved within a period of one
month (instead of two months) by resolutions of both Houses of
Parliament
○ Majority Criteria- majority of the total membership of each house
and by a majority of not less than two-thirds of the members
present and voting in each House.
● Proclamation of Emergency will be revoked whenever the House of
the People passes a resolution by a simple majority disapproving its
continuance.
52nd Constitutional Amendment Act,
1985
➔ Provisions related to anti-defection
➔ Changed Articles 101, 102, 190, and 191
➔ Inserted 10th Schedule
➔ Laid down process by which legislators may be disqualified on the
grounds of defection
➔ Decisions on question of disqualification
◆ It shall be referred to Chairman or Speaker of such House
◆ Decision of Speaker/Chairman is final
◆ No court shall have any jurisdiction to interfere in such matters
➔ Kihoto Hollohon vs Zachillhu and Others (1992)-
◆ Challenged constitutional validity of 10th schedule
◆ Court held that the law does not violate any rights of free speech
or basic structure of the parliamentary democracy.
61st Constitutional Amendment Act,
➔ Amended Article 326 1988
➔ lowered the voting age of elections to the Lok Sabha and the
Legislative Assemblies of States from 21 years to 18 years
➔ It was done after Keeping in view of the literacy, enlightenment and
political awareness among the youth
➔ Rajiv Gandhi said it was an expression of our full faith in the youth of
the country
73rd Constitutional Amendment Act,
1992
● Granted Constitutional status and protection to the panchayati raj institutions
● Added Part IX titled as ‘The Panchayats’
● Added 11th Schedule containing 29 functional items of the panchayats
● It has put has put constitutional obligation upon states to enact the Panchayati
Raj Acts as per provisions of the Part IX
● The provisions which the state statutes will have to provide for are:
I. Creation of a State Elections Commission to conduct elections to PRIs,
II. In order to review the financial position of the PRIs, each state to set up a
State Finance Commission for five years.
III. Tenure of PRIs fixed at five years and, if dissolved earlier, fresh elections
to be held within six months,
IV. Creation of a three-tier Panchayati Raj structure at the zila, block and
village levels,
V. The minimum age for contesting elections to PRIs to be 18 years,
VI. Reservation for women in panchayats (chairman and members) up to one-
third seats,
VII. Reservation of seats for SC/ST in panchayats (chairman and members) in
proportion to their population,
VIII. Indirect elections to the post of chairman at the intermediate and apex
tiers,
IX. All posts at all levels (with two exceptions) to be filled by direct elections,
and
X. Organisation of gram sabhas.
➔ Voluntary provisions which vary from state to state-
i. Voting rights to MPs and MLAs in these bodies
ii. Reservation for backward classes
iii. Financial powers,
iv. Autonomy of the panchayats, and
v. Devolution of powers to plan and perform functions of the Eleventh
Schedule
➔ The PRI can make rules, regulations and administer by creating services
and charging tax, cess, octroi, etc.
➔ The Tenth Finance Commission suggested grants-in-aid for the local bodies
from state exchequers to supplement their efforts.
➔ The panchayati institutions can take policy decisions in the areas like land
reform, ecology preservation, rural industries and farming.
➔ They are implementing agency of the State governments
➔ There are over 600 District Panchayats, around 6000 Intermediate
Panchayats and 2.3 lakh Gram Panchayats, and more than 28 lakh
persons now have a formal position in our representative
democracy.
74th Constitutional Amendment Act,
1992
➔ Introduced Part IXA in the Constitution which deals with municipalities
➔ Also known as Nagarpalika Act
➔ Came into force on 1st June, 1993
➔ Gave Constitutional status to municipalities and brought them under
justifiable part
➔ Salient features of the act-
◆ Three types of Municipalities-
1. Nagar Panchayat- for area in transition from rural to urban
2. Municipality- for smaller urban area
3. Municipal Corporation
◆ Composition
● Direct election by people of the municipal area
● Each municipal area shall be divided into wards
● Manner of election of Chairpersons has to be specified by the
State Legislatures
◆ Ward Committees
● There shall be constituted the ward committees consisting of one
or more wards within the territorial area of all the municipalities
with a population
● The state legislature may make provision with respect to the
composition and the territorial area of a wards committee and the
manner in which the seats in a wards committee shall be filled
◆ Reservation of Seats
● Reservation for SCs and STs in proportion of their population to
the total population in the municipal area
● Reservation of not less than one-third of total seats for women
● State Legislature may provide for reservation of offices of
Chairpersons for SC, ST, and women
● It may also provide for reservation of seats or offices of
chairpersons in favour of backward classes
◆ Duration of Municipalities
● Five-year term but can be dissolved before completion of term
● Fresh elections shall be completed
1. Before expiration of duration
2. In case of dissolution, within Six months of dissolution
◆ Powers and Functions
● The state legislature may endow the municipalities with such
powers and authority as may be necessary to enable them to
function as institutions of self- governance
● Such a scheme may contain provisions for the devolution of
powers and responsibilities upon municipalities at the appropriate
level with respect to (i) the preparation of plans for economic
development and social justice; (ii) the implementation of schemes
for economic development and social justice as may be entrusted
to them including those in relation to the 18 matters listed in the
Twelfth Schedule.
◆ Finances
The State Legislature may
● Authorise a municipality to levy collect and appropriate taxes, duties,
tolls and fees
● Assign taxes, duties, tolls and fees levied and cllected by sate
government
● Provide for making grants-in-aid from Consolidated fund of the state
● Provide for constitution of funds for crediting all moneys of the
municipalities
◆ Audit of Accounts
The state legislature may make provisions with respect to the maintenance
of accounts by municipalities and the auditing of such accounts.
◆ Application to Union Territories
The President of India may direct that the provisions of this Act shall apply to
any union territory subject to such exceptions and modifications as he may
specify.
◆ Areas Kept Out
The Act does not apply to the scheduled areas and tribal areas referred
in Article 244 of the Indian Constitution. It shall also not affect the
functions and powers of the Darjeeling Gorkha Hill Council of the West
Bengal.
86th Constitutional Amendment Act,
2002
➔ Enshrined Right To Education as a fundamental right
➔ A new article 21A was inserted below the Article 21. This Article reads as-
“The State shall provide free and compulsory education to all children of the
age of six to fourteen years in such manner as the State may, by law,
determine”
➔ For the first time, the law was brought into force by speech by then Prime
Minister, Dr. Manmohan Singh
➔ Provisions-
◆ To admit a non-admitted child to appropriate class
◆ Norms and standards relating to pupil teacher ratio, school hours and
infrastructure
◆ Development of curriculum in consonance with the values enshrined in
Constitution
101st Constitutional Amendment Act,
2016
➔ Introduced Goods and Services Tax
➔ GST removed the cascading effect of taxes
➔ Power to make laws on inter-state trade and commerce is vested exclusively
with the Union
➔ Establishment of GST Council with Union Finance Minister as its chairperson
102nd Constitutional Amendment Act,
2018

➔ Gave Constitutional status to National Commission on Backward classes

➔ It can entertain, examine and recommend upon requests for inclusion and
complaints of over-inclusion and under-inclusion in the list of OBCs.
➔ The proposed commission will have a chairperson, vice- chairperson and
three other members and hear the grievances of socially and educationally
backward classes, a function discharged so far by the Scheduled Castes
commission
103rd Constitutional Amendment Act,
2019

➔ Amends articles 15 and 16 to make “special provision for the advancement

of economically weaker sections”
➔ Objective- DPSP contained in Article 46
➔ ‘Special provisions’ would relate to ‘admission to educational institutions’
➔ ‘Economically weaker sections’ shall be notified from time to time on the
basis of family income and other indicators of economic disadvantage
 CONCLUSION

All the constitutional amendments hold a grave importance in our lives

and in the Indian polity. Whether it be the formation of NCBC or addition
of part IX i.e panchayats in the constitution of India , it has affected the
way we live and the working of the Indian politity. These amendments
were made with the motive of solving the problems faced by us and
further to develop our nation.
Thank You