In Depth: Major Constitutional Amendments | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Major Constitutional Amendments

Why in News?

• On 26th November 2024, India observed Constitution Day, highlighting the Constitution's ability to evolve through interpretation and amendment.
• As one of the most amended constitutions worldwide, it ensures relevance and supports national growth.

Constitution Day

• About: Constitution Day commemorates the adoption of the Indian Constitution on 26th November 1949, celebrating democratic values and raising awareness about justice, liberty, equality, and fraternity.
• In 2015, the Ministry of Social Justice and Empowerment officially designated 26th November as Constitution Day to strengthen citizens' connection with the Constitution. Prior to this, the day was observed as National Law Day.
• The day pays tribute to the Constituent Assembly's vision in crafting the Constitution and Dr. B.R. Ambedkar's crucial role as the Chairman of the Drafting Committee, earning him the title "Father of the Indian Constitution."
• Constitution Day in Jammu and Kashmir: For the first time in 74 years, Jammu and Kashmir celebrated Constitution Day following the abrogation of Article 370 in 2019. This event marked a significant shift in the Union Territory's integration with India's legal and political system.

What are the Key Facts About the Constitution?

Purpose of the Constitution:

• The Constitution is the highest law in India. It is a written document that outlines the basic rules, structure, procedures, powers, and responsibilities of the Government and its organizations, as well as the rights and duties of citizens.

Drafting Timeline:

• The Constitution was adopted by the Constituent Assembly on November 26, 1949, and it came into effect on January 26, 1950.
• Initially, the Constitution had 395 Articles and 8 Schedules. It was approximately 145,000 words long, making it the longest national Constitution ever adopted.
• The Constitution was handwritten in calligraphy by Prem Behari Narain Raizada and decorated by artists from Shantiniketan under the guidance of Nandalal Bose.
• Every Article was debated by the Constituent Assembly, which held 11 sessions over 167 days to frame the Constitution over a period of 2 years and 11 months.

Preamble:

• The Preamble proclaims India as a sovereign, socialist, secular, and democratic Republic. It guarantees justice, equality, and liberty to citizens and aims to promote fraternity among them.

Framing of the Constitution:

• Dr. Bhim Rao Ambedkar is known as the chief architect of the Indian Constitution.
• Dr. Rajendra Prasad, the first President of India, was the first person to sign the Constitution.

What are the Key Features of the Constitution?

The Indian Constitution is the longest written constitution in the world, known for its comprehensiveness, detail, and elaborate structure.

• Initially, in 1949, it comprised a Preamble, 395 Articles organised into 22 Parts, and 8 Schedules.
• As of 2019, it includes a Preamble, approximately 470 Articles divided into 25 Parts, along with 12 Schedules.

The Constitution of India extensively borrows from various international constitutions and the Government of India Act of 1935.

• Dr. B.R. Ambedkar described its framing as "ransacking all the known Constitutions of the World."

Constitutions are classified as rigid or flexible.

• A rigid Constitution, like the American one, requires a special procedure for amendments.
• A flexible Constitution, like the British one, can be amended like ordinary laws.

India's Constitution is a blend of both.

• Article 368 outlines two types of amendments:
• Special Majority: Requires a two-thirds majority of members present and voting, plus a majority of the total membership in each House.
• Special Majority with State Ratification: Requires the above, along with ratification by at least half the states.

Additionally, some provisions can be amended by a simple majority in Parliament, following the ordinary legislative process.

The Constitution establishes a federal system with typical features like dual government, division of powers, a written and supreme Constitution, rigidity, independent judiciary, and bicameralism.

• However, it also includes unitary features such as:
• a strong Centre,
• single Constitution and citizenship,
• flexibility,
• integrated judiciary,
• centrally appointed governors,
• all-India services, and
• emergency provisions.

The term Federation is absent from the Constitution. Article 1 describes India as a Union of States, signifying that states cannot secede and the union is not based on an agreement among states.

India’s Constitution is described as:

• Federal in form but unitary in spirit,
• Quasi-federal (K.C. Wheare),
• Bargaining federalism (Morris Jones),
• Co-operative federalism (Granville Austin), and
• A federation with a centralising tendency (Ivor Jennings).

The parliamentary system in India emphasizes cooperation between the legislative and executive organs, similar to the British model.

Key features include:

• Nominal and real executives,
• Majority party rule,
• Collective responsibility of the executive to the legislature,
• Ministers being part of the legislature,
• Leadership by the Prime Minister at the Centre and Chief Ministers in the states,
• Dissolution of the lower house (Lok Sabha or Assembly).

While modeled on Britain, India's system differs significantly, such as having an elected head of state (republic) versus Britain's hereditary monarchy.

The Indian Parliament is not sovereign, and the Prime Minister's role is so central that it is often termed Prime Ministerial Government.

The British Parliament embodies sovereignty, while the American Supreme Court reflects judicial supremacy.

• In India, the parliamentary system and judicial review differ from both models.
• The Indian Supreme Court’s judicial review power is narrower than the US, as Article 21 adopts procedures established by law rather than due process of law.
• India's Constitution balances parliamentary sovereignty and judicial supremacy.
• The Supreme Court can declare laws unconstitutional, while Parliament can amend most parts of the Constitution using its constituent power.

The Indian Constitution establishes an integrated and independent judiciary, with the Supreme Court at the top, followed by high courts at the state level and subordinate courts below them.

• Unlike the US, where federal and state laws are enforced by separate judicial systems, India’s single system enforces both central and state laws.
• The Supreme Court serves as a federal court, the highest appellate body, guarantor of fundamental rights, and guardian of the Constitution.

Dr. B.R. Ambedkar called the Directive Principles of State Policy a novel feature of the Indian Constitution, outlined in Part IV.

• These principles, classified as socialistic, Gandhian, and liberal-intellectual, aim to promote social and economic democracy and establish a welfare state.
• Unlike Fundamental Rights (FRs), they are non-justiciable, meaning courts cannot enforce them.
• However, the Constitution declares them fundamental to governance, imposing a moral duty on the state to apply them in lawmaking, with public opinion as their primary sanction.
• In the Minerva Mills case (1980), the Supreme Court stated that the Constitution rests on a balance between Fundamental Rights and Directive Principles.

The original constitution did not provide for the Fundamental Duties of the citizens.

• These were added during the operation of an internal emergency (1975–77) by the 42nd Constitutional Amendment Act, 1976 on the recommendation of the Swaran Singh Committee (1976).
• The 86th Constitutional Amendment Act, 2002 added one more fundamental duty.
• Part IV-A of the Constitution (which consists of only one Article 51-A) specifies the eleven Fundamental Duties.
• These are also non-justiciable in nature.

The Constitution of India stands for a Secular State.

• It does not uphold any particular religion as the official religion of the Indian State.
• The Indian Constitution embodies the positive concept of secularism, i.e., giving equal respect to all religions or protecting all religions equally.

The Indian Constitution adopted universal adult franchise as a basis of elections to the Lok Sabha and the state legislative assemblies.

• Every citizen who is not less than 18 years of age has a right to vote without any discrimination of caste, race, religion, sex, literacy, wealth, and so on.

The Indian Constitution is federal and envisages a dual polity (centre and state) but it provides for only a single citizenship, that is Indian citizenship.

• In India, all citizens irrespective of the state in which they are born or reside enjoy the same political and civil rights of citizenship all over the country and no discrimination is made between them.

The Indian Constitution establishes independent bodies as key pillars safeguarding the democratic system of government in India:

• Election Commission
• Comptroller and Auditor-General of India
• Union Public Service Commission
• State Public Service Commission

The Indian Constitution contains elaborate emergency provisions to enable the President to meet any extraordinary situation effectively.

• The Constitution envisages three types of emergencies: National emergency (Article 352)State emergency (President’s Rule) (Article 365)Financial emergency (Article 360)

Originally, the Indian Constitution provided for a dual polity and contained provisions with regard to the organisation and powers of the Centre and the states.

• The 73rd and 74th Constitutional Amendment Acts, 1992 have added a third-tier of Government (i.e., local) which is not found in any other Constitution of the world.
• The 97th Constitutional Amendment Act, 2011 gave constitutional status and protection to co-operative societies.

What are the Major Constitutional Amendments?

1st Amendment (1951)

• Empowered the state to create provisions for socially and economically backward classes.
• Protected laws related to estate acquisition.
• Introduced the Ninth Schedule to shield land reform laws from judicial review.
• Added Articles 31A and 31B after Article 31.
• Established additional grounds to restrict freedom of speech: public order, foreign relations, incitement to offence.
• Clarified that state trading/nationalization cannot be deemed invalid for infringing the right to trade.

7th Amendment (1956)

• Abolished classification of states into categories, reorganizing them into 14 states and 6 union territories.
• Extended high court jurisdiction to union territories.
• Provided for a common high court for multiple states.
• Introduced guidelines for appointing additional and acting judges in high courts.

42nd Amendment (1976)

• Introduced numerous changes, often called a “Mini Constitution.”
• Added "socialist," "secular," and "integrity" to the Preamble.
• Incorporated Fundamental Duties in Part IV-A.
• Mandated presidential action per cabinet advice.
• Declared constitutional amendments beyond judicial review.
• Protected laws implementing Directive Principles from invalidation due to Fundamental Rights infringements.
• Extended Lok Sabha and State Assembly tenures to six years.
• Facilitated an All India Judicial Service and administrative tribunals.

44th Amendment (1978)

• Restored Lok Sabha and State Assembly tenures to five years.
• Reinstated quorum provisions in Parliament.
• Removed references to the British House of Commons.
• Protected true reports of parliamentary proceedings in media.
• Allowed the President to return cabinet advice for reconsideration.
• Restored judicial powers of the Supreme Court and High Courts.
• Replaced "internal disturbance" with "armed rebellion" in emergency provisions.
• Required written cabinet recommendation for national emergency declarations.
• Ensured Articles 20 and 21 remain inviolable during emergencies.
• Restored court authority over election disputes involving high officials.

52nd Amendment (1985)

• Provided disqualification for defection among parliament and state legislature members.
• Introduced the 10th Schedule detailing disqualification provisions.

61st Amendment (1988)

• Reduced voting age from 21 to 18 for Lok Sabha and state assembly elections.

73rd and 74th Amendments (1992)

73rd Amendment:

• Constitutionalized the Panchayati Raj Institution, adding Part IX and the 11th Schedule.
• Outlined 29 functional items for panchayats.

74th Amendment:

• Constitutionalized urban local governments, adding Part IX-A and the 12th Schedule.
• Outlined 18 functional items for municipalities.

86th Amendment (2002)

• Made elementary education a fundamental right under Article 21A.
• Changed Article 45 in Directive Principles.
• Added a new fundamental duty under Article 51-A.

101st Amendment (2016)

• Allowed both the centre and states to levy Goods and Services Tax (GST).

103rd Amendment (2019)

• Introduced reservations for Economically Weaker Sections (EWS), providing 10% reservation in public employment.

104th Amendment (2020)

• Discontinued reserved seats for the Anglo-Indian community in legislatures.
• Extended reservation for Scheduled Castes (SCs) and Scheduled Tribes (STs) for an additional ten years.

Conclusion

• Constitution Day is celebrated on November 26 every year in India to honor the adoption of the Indian Constitution in 1949. The Constitution is the supreme law of India, laying down the framework for the country's political principles, rights, and duties.
• The day is marked by various activities across the country, including discussions, seminars, and reading sessions of the Constitution. It is a reminder of the values and principles enshrined in the Constitution, such as justice, liberty, equality, and fraternity.
• Dr. B.R. Ambedkar, the chief architect of the Constitution, is often remembered on this day for his significant contribution to ensuring social justice and equality in India.