Revision Notes: The Amendments in the Constitution- 1 UPSC Notes | EduRev

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  1. The Constitution (First Amendment) Act, 1950– This amendment provided for several new grounds of restrictions to the right to freedom of speech and expression and the right to practise any profession or to carry on any trade or business as contained in Article 19 of the Constitution. These restrictions related to public order, friendly relations with foreign States or incitement to an offence in relation to the right to freedom of speech, and to the prescribing of professional or technical qualifications or the carrying on by the State, etc., of any trade, business, industry or service in relation to the right to carry on any trade or business. The amendment also inserted two new Articles. 31 A and 31 B and the ninth Schedule to give protection from challenge to land reform laws.
  2. The Constitution (Second Amendment) Act, 1952-By this amendment, the scale of representation for election to the Lok Sabha was readjusted.
  3. The Constitution (Third Amendment) Act, 1954-This amendment substituted entry 33 of List III (Concurrent List) of the Seventh Schedule to make it correspond to Article 369.
  4. The Constitution (Fourth Amendment) Act, 1955-Article 31(2) of the constitution was amended to restate more precisely the State's power of compulsory acquisition and requisitioning of Private property and distinguish it from cases where the operation of regulatory or prohibitory laws of the States results in "deprivation of property". Article 31 A of the Constitution was also amended to extend its scope to cover categories of essential welfare legislation like abolition of zamindaris, proper planning of urban and rural areas and for effecting a full control over the minerals and oil resources of the country, etc. Six Acts were also included in the ninth Schedule. Article 305 was also amended to save certain laws providing State Monopolies.
  5. The Constitution (Fifth Amendment) Act, 1955-This amendment made a change in Article 3 so as to empower President to specify a time limit for state legislatures to convey their views on the proposed Central laws affecting areas, boundaries, etc., of their states.
  6. The Constitution (Sixth Amendment) Act, 1956-This amendment made some changes in Articles 269 and 286 relating to taxes on sale and purchase of goods in the course of inter state trade and commerce. A new entry 92 A was added to the Union list of the Seventh Schedule to the Constitution.
  7. The Constitution (Seventh Amendment) Act, 1956-This amendment Act purported to give effect to the recommendations of the State Reorganisation Commission and the necessary consequential changes. Broadly, the then existing states and territories were changed to have twofold classification of states and union territories. The amendment also provided for composition of the House of the People, readjustment after every census, provisions regarding the establishment of new High Courts, High Court Judges etc.
  8. The Constitution (Eighth. Amendment) Act, 1960-Article 334 was amended with view to extending the period of reservation of seats for Scheduled Castes and Scheduled Tribes and to the Anglo-Indian community by nomination in Parliament and in the State Legislatures for a further period of then years.
  9. The Constitution (Ninth Amendment) Act, 1960-The purpose of this amendment is to give effect to the transfer of certain territories to Pakistan in pursuance of the agreement extended into between Governments of India and Pakistan. This amendment was necessitated in view of the Judgement of Supreme Court in "In Re Berubari Union" by which it was held that any agreement to cede a territory to another country could not by implemented by a law made under Article 3 but would only be implemented by an amendment of the Constitution.
  10. The Constitution (Tenth Amendment) Act, 1961-This Act amended Article 240 and the First Schedule in order to include areas of Dadra and Nagar Haveli as a Union Territory and to provide for its administration under the regulation making powers of President.
  11. The Constituti on (El eventh Amen dment) Act, 1961- The purpose of this amendment was to amend Articles 66 and 71 of the Constitution to provide that the election of President or Vice President could not be challenged on the ground to any vacancy in the appropriate electoral college.
  12. The Constitution (Twelfth Amendment) Act, 1962-This amendment sought to include Goa, Daman and Diu as a Union territory and to amend Article 240 for the purpose.
  13. The Constitution (Thirteenth Amendment) Act, 1962- By this amendment, a new Ar ticle 371A was added to make special provisions with respect to state of Nagaland in pursuance of an agreement between Government of India and Naga People's Convention.
  14. The Constitution (Fourteenth Amendment) Act, 1962- By this Act, Pondicherry was included in the First Schedule as a Union Territory, and this Act has also enabled the creation of Legislature by Parliamentary law for Himachal pradesh, Manipur, Tripura. Goa. Daman and Diu and Pondicherry.
  15. The Constitutio n (Fifteenth Amen dment) Act, 1963- This amendment provided for increase in the age of retirement of High Court Judge and for the provision of compensatory allowance to judges who are transferred from one High Court to another. The Act also provided for appointment of retired judges to act as judges of High Court. Article 226 was also enlarged to empower High Court to issue direction, orders or writs to any Government authority, etc., if the cause of action for the exercise of such power arose in the territories wherein the High Court exercises jurisdiction notwithstanding that seat of such Government authority is not within those territories. The Act also provided for the exercise of powers of Chairman of the Service Commissions, in their absence, by one of their Members.
  16. The Constitution (Sixteenth Amendment) Act, 1963- Article 19 was amended by this Act to impose of speech and expression, to assemble peaceably and without arms and to form associations of India. The oath of affirmation to be subscribed by candidates seeking election to Parliament and State Legislatures have been amended to include as one of the conditions that they will uphold the sovereignty and integrity of India. The amendments are intended to promote national integration.
  17. The Constitution (Seventeenth Amendment) Act, 1964- Article 31A was fur ther amended to prohibit the acquisition of land under personal cultivation unless the market value of the land is paid as compensation and the definition of "estate" as contained in that Article had also been enlarged with retrospective effect.
  18. The Constitution (Eighteenth Amendment) Act, 1966- Article 3 was amended by t his Act to specify that the expression "State" will include a union territory also and to make it clear that the power to form a new state under this Article includes as power to form a new state or union territory by uniting a part of a state or a union territory to another state or union territory.
  19. The Constitution (Nineteenth Amendment) Act, 1966- Article 324 was amended to effect a consequential change as a result of the decision to abolish Election Tribunals and to hear election petitions by High Courts.
  20. The Constitution (Twentieth Amendment) Act, 1966- This amendment was necessitated by t he decision of the Supreme Courts in Chandramohan VS. State of Uttar Pradesh in which certain appointments of District Judges in State of Uttar Pradesh were declared void by Supreme Court. A new Article 233A was added and the appointments made by Governor were validated.
  21. The Constitution (Twenty-first Amendment) Act, 1967- By this amendment , Sindhi language was included in the Eighth Schedule.
  22. The Constitution (Twenty-second Amendment) Act, 1969- This Act was enacted to facilitate the formation of a new autonomous state of Meghalaya within state of Assam
  23. The Constitution (Twenty-third Amendment) Act, 1969- Article 334 was amended so as to extend the safeguards in respect of reservation of seats in Parliament and State Legislatures for Scheduled Castes and Scheduled Tribes as well as for AngloIndian for a further period of ten years.
  24. The Constitution (Twenty-fourth Amendment) Act, 1971- This amendment was passed in the context of a situation that emerged with the verdict in Golaknath's case by Supreme Court. Accordingly, this Act amended Article 13 and Article 368 to remove all doubts regarding the power of Parliament to amend the Constitution including the Fundamental Rights.
  25. The Constitution (Twenty-fifth Amendment) Act, 1971- This amendment further amended Ar ticle 31 in the wake of the Bank nationalisation case. The word 'amount' was substituted in place of 'compensation' in the light of the judicial interpretation of the word 'compensation' meaning 'adequate compensation'.
  26. The Constitution (Twenty-sixth Amendment) Act, 1971- By this amendment the privy and privileges of the former rulers of Indian states were abolished.
    This amendment was passed as a result of Supreme Court decision in Madhav Rao's case.
  27. The Constitution (Twenty-seventh Amendment) Act, 1971- This amendment was passed to provide for certain matters necessitated by the reorganisation of northeastern states. A new Article 239 B was inserted which enabled the promulgation of ordinances by Administrators of certain union territories.

    Cultural and Educational Rights of Minorities

    • Cultural and education rights of the minorities are protected by Arts. 29 and 30.
    • Under Art. 29, any section of citizens residing in any part of the country having a distinct language, script or culture is entitled to protection against discrimination on grounds of religion, race, caste or language in admission to educational institutions.
    • Art. 30 gives such minorities the right to establish and administer educational institutions of their choice and also the right to receive grants from the State Governments on the same terms as given to other institutions.

     

     

  28. The Constitution (Twenty-eighth Amendment) Act, 1972- The amendment was enacted to abolish the special privileges of the members of Indian Civil Service in matters of leave, pension and rights as regard to disciplinary matters.
  29. The Constitution (Twenty-ninth Amendment) Act, 1972- The Ninth Schedule to the Constitution was amended to include therein two Kerala Acts on land reforms.
  30. The Constitution (Thirtieth Amendment) Act, 1972-The Purpose of the amendment was to amend Article 133 in order to do away with the valuation test of Rs. 20,000 as fixed there in, and to provide instead for an appeal to Supreme Court in Civil proceedings only on a certificate issued by High Court that the case involves a substantial question of law of general  importance and that in opinion of High Court, the question needs to be decided by Supreme Court.
  31. The Constitution (Thirty-first Amendment) Act, 1973- This Act inter alia raise the upper limit for the representation of states in the lok Sabha from 500 to 525 and reducing the upper limit for the representation of union territories from 25 members to 20.
  32. The Constitution (Thirty-second Amendment) Act, 1973- This Act provided the necessary constitutional authority for giving effect to the provision of equal opportunities to different areas of the State of Andhra Pradesh and for the constitution of an Administrative Tribunal with jurisdiction to deal with grievances relating to public services. It also empowered Parliament to legislate for the establishment of Central university in the state.
  33. The Constitution (Thirty-third Amendment) Act, 1974- By t his am endment, Articles 101 and 190 were amended in order to streamline the procedure for resignation of Members of Parliament and State Legislatures.
  34. The Constitution (Thirty-fourth Amendment) Act, 1974- By this Act, twenty more land tenure and land reforms laws enacted by various State Legislatures were included in the Ninth Schedule.
  35. The Constitution (Thirty-fifth Amendment) Act, 1974- By this Act a new Article 2A was added thereby conferring on Sikkim the status of an associate State of Indian Union. Consequent amendments were made to Articles 80 and 81. A new schedule i.e., Tenth Schedule, was added laying down terms and conditions of association of Sikkim with the Union.
  36. The Constitution (Thirty-sixth Amendment) Act, 1975- This was enacted to make Sik kim a fullfledged State of Indian Union and to include it in the First Schedule to the Constitution and to allot to Sikkim one seat each in the Council of States and in the House of the People, Article 2A and the Tenth Schedule inserted by the Constitution (Thirty-fifth Amendment) Act were omitted and Articles 80 and 81 were suitably amended.
  37. The Constitution (Thirty-seventh Amendment) Act, 1975- by this Act . Union Terr it or y of A r unachal pradesh was provided with a Legislative Assembly.
    Article 240 of the Constitution was also amended to provide that as in the case of other union territories with Legislatures, the power of President to make regulations for the Union Territory of Arunachal Pradesh may be exercised only when the assembly is either dissolved or its functions remain suspended.
  38. The Constitution (Thirty-eighth Amendment) Act, 1975- This Act amended Ar ticles 123, 213 and 352 of the Constitution to provide that the satisfaction of President or Governor contained in these Articles would be called in question in any court of law.
  39. The Constitution (Thirty- ninth Amendment) Act, 1975- By t his Act, disputes relating to the election of President, Vice-President, Prime Minister and Speaker are to be determined by such authority as may be determined by parliamentary law. Certain Central enactment were also included in the Ninth Schedule by this Act.
  40. The Constitution (Fortieth Amendment) Act, 1976-
  • This Act provided for vesting in the Union of all mines, minerals and other things of value laying in the ocean within the territorial waters or the continental shelf or the exclusive economic zone of India. It further provided that all other resources of the exclusive economic zone of India shall also vest in the Union. 
  • This Act also provided that the limits of t he territorial waters, the continental shelf, the exclusive economic zone and the maritime zones of India shall be as specified from time to time by or under any law made by Parliament. Also some more Acts were added to the Ninth Schedule.

41. The Constitution (Forty-first Amendment) Act, 1976- By this Act, Ar ticle 316 was amended to raise the retirement age of Members of State Public Service Commissions and Joint Public Service Commissions from 60 to 62 year

42. The Constitution (Forty-second Amendment) Act, 1976- 

  • This Act made a number of important amendments in the Constitution. These amendments were mainly for purpose of giving effect to the recommendations of Swaran Singh Committee.
  • Some of the impor tant amendments made are for the purpose of spelling out expressly the high ideals of socialism, secularism and the integrity of the nation, to make the Directive Principles more comprehensive and giving them precedence over those Fundamental Rights which have been allowed to be relied upon to frustrate socio-economic reforms.
  • The amendment Act also inserted a new chapter on the Fundamental Duties of citizens and made special provisions for dealing with anti-national activities, whether by individuals or by associations.
  • The judiciary provisions were also amended by providing for a requirement as to the minimum number of judges for determining question as to the constitutional validity of law and for a special majority of not less than two-third for declaring any law to be constitutionally invalid.
  • To reduce the mounting arrears in high Cour ts and to secure the speedy disposal of service matters, revenue matters and certain other matters of special importance in the context of socio-economic development and progress, this amendment Act provided for the creation of administrative and other tribunals for dealing with such matters while preserving the Jurisdiction of the Supreme Court in regard to such matters under Article 136 of the Constitution.

43. The Constitution (Forty-third Amendment) Act, 1977-

  • This Act inter alia provided for the restoration of the jurisdiction of the Supreme Court and High Courts,curtailed by the enactment of the Constitution (Forty-second Amendment) Act, 1976 and accordingly Articles 32A, 131A, 144A, 226A and 228A included in the Constitution by the said amendment, were omitted by this Act.
  •  The Act also provided for t he omission of Ar ticle 31D which conferred special powers on Parliament to enact certain laws in respect of anti-national activities.

44. The Constitution (Forty-fourth Amendment) Act, 1978-

  • The right to proper ty which had been the occasion for more than one amendment of Constitution was omitted as a Fundamental Right and it was made only as a legal right.
  • Article 352 of the Constitution was amended to provide "armed rebellion" as one of the circumstances for declaration of emergency. Internal disturbance not amounting to armed rebellion would not be a ground for the issuance of a Proclamation.
  • The right to personal liber ty as contained in Ar ticles 21 and 22 is further strengthened by the provision that a law for preventive detention cannot authorise, in any case, detention for a longer period than two months unless an Advisory board has reported that there is sufficient cases for such detention.
  • The additional safeguard has also been provided by the requirements that Chairman of an Advisory Board shall be a serving Judge of the appropriate High Court and that the board shall be constituted in accordance with the recommendations of the Chief Justice of that High Court.
  • With a view to avoiding delays, Ar ticles 132 and 134 were amended and a new Article 134A was inserted to provide that a High Court should consider the question of granting a certificate for appeal to Supreme Court immediately after the delivery of the judgement, final order or sentence concerned on the basis of an oral application by a party or, if the High Court deems fit so to do, on its own.
  • The other amendments made by the Act are mainly for removing or correcting the distortions which came into the Constitution by reason of the amendment initiated during the period of internal emergency.

45. The Constitution (Forty-fifth Amendment) Act, 1980- This was pas se d to ext end s afeguard s in respect of reservation of seats in Parliament and State Assemblies for Scheduled Castes, Scheduled Tribes as well as for Anglo-Indian for a further period of ten years.

46. The Constitution (Forty-sixth Amendment) Act, 1982-

  • Article 269 was amended so that the tax levied on the consignment of goods in the course of inter-state tradeor commerce shall be assigned to the states.
  • This Article was also amended to enable Parliament to formulate by law principle for determining when a consignment of goods takes place in the course of interstate trade or commerce. A new entry 92B was also inserted in the Union List to enable the levy of tax on the consignment of goods where such consignment takes place in the course of inter-state trade or commerce.
  • Clause (3) of Ar ticle 286 was amended to enable Parliament to specify, by law, restrictions and conditions in regarded to the system of levy rates and other incidence of tax on the transfer of goods involved in the execution of a works contract, on the delivery of goods on hire-purchase or any system of payment by instalments, etc.
  • Article 366 was also suitably amended to inser t a definition of 'tax on the sale or purchase of goods" to include transfer for consideration of controlled commodities, transfer of property in goods involved in the execution of a works contract, delivery of goods on hire-purchase or any system of payment by instalments, etc.

47. The Constitution (Forty-seventh Amendment) Act, 1984- This amendment is intended to provide for the inclusion of certain land Reforms Acts in the Ninth Schedule to the Constitution with a view to obviating the scope of litigation hampering the implementation process of those Acts. 

Role and Function of the Cabinet Secretariat
  •  The Cabinet Secretariat has an important coordinating role in decision-making at the highest level and operates under the direction of the Prime Minister
  • Its functions include submission of cases to the Union Cabinet and its committees, preparation of records of decisions taken and follow-up action on their implementation.
  • It formulates rules of business and allocates business of government to ministries and departments under the direction of the Prime Minister and with the approval of the President.
  • The Secretariat obtains and circulates to the President, Vice-President, Council of Ministers and other important functionaries periodicals, summaries and notes on important developments in each Ministry.
  • It is empowered to set up special committees, boards and commissions for matters requiring urgent and exclusive attention. 

 

 

 

 

48. The Constitution (Forty-eighths Amendment) Act, 1984- The Proclamation issued by President under Article 356 of the Constitution with respect to the State of Punjab cannot be continued in force of the said Proclamation is necessary, therefore, therefore, the present amendment had been effected so as to make the conditions mentioned in clause (5) of Article 356 inapplicable in the instant case.

49. The Constitution (Forty-ninth Amendment) Act, 1984- Tripura Government recommended that the provisions of the Sixth Schedule to the Constitution may be made applicable to tribal areas of that state. The amendment involved in this Act is intended to give a constitutional security to the autonomous District Council functioning in the State.

50. The Constitution (Fiftieth-Amendment) Act, 1984-By Article 33 of the Constitution, Parliament is empowered to enact laws determining to what extent any of the rights conferred by Pat III of the Constitution shall, in their application to the members of the Armed Forces or the Forces shared with the maintenance of public order, be restricted or abrogated so as to ensure proper discharge of their duties and maintenance of discipline among them.

  • It was proposed to amend Ar ticle 33 so as to bring within its ambit:
  • The members of the Force charged with the protection of property belonging to or in the charge or possession of the state: or
  • Persons employed in any bureau or other organisation established by the state for purposes of intelligence or counter-intelligence: or
  • Pers ons em ployed in or in c onnection wit h t he telecommunication systems set up for the purposes of any Force, bureau or organisation.
  • Experience has revealed that the need for ensuring proper discharge of their duties and maintenance of discipline among them is of paramount importance in the national interest.

51. The Constitution (Fifty-first Amendment) Act, 1984-Article 330 has been amended by this Act for providing reservation of seats for Scheduled Tribes in Meghalayas, Nagaland, Arunachal Pradesh and Mizoram in Parliament and Article 332 has been amended to provide similar reservation in the Legislative Assemblies of Nagaland and Meghalaya to meet the aspirations of local tribal population.

52. The Constitution (Fifty-second Amendment) Act, 1985- It amends the Constitution to provide that a Member of Parliament or a State Legislature who defects or is expelled from the party which set him up as a candidate in the election or if an independent member of the House joins a political party after expiry of six months from the date on which he takes seat in the House shall be disqualified to remain a member of the House.

  • The Act also makes suitable provisions with respect to splits in and merger of political parties.

53. The Constitution (Fifty-third Amendment) Act, 1986-

  • This has been enacted to give effect to the Memorandum of Settlement of Mizoram which was signed by Government of India and Mizoram Government with Mizoram National Front on 30 June 1986.
  • For this purpose, a new Article 371G has been inserted in the Constitution inter alia preventing application of any Act of Parliament in Mizoram in respect of religious or social practices of Mizos', customary law and procedure, administration of civil and criminal practice involving decisions according to Mizos' customary law and ownership and transfer of land unless a resolution is passed in the Legislative Assembly to that effect.
  • This, however, will not apply to any Central Act already in force in Mizoram before the commencement of this amendment. The new Article also provides that the Legislative Assembly of Mizoram shall consist of not less than forty members.

54. The Constitution (Fifty-fourth Amendment) Act, 1986- This Act increases the salar ies of Supreme Court and High Court judges as follows:-Chief Justice of India Rs 10.000 per month Judges of Supreme Court Rs 9.000 per month, Chief Justice of High Court Rs 9000 per month, Judges of High Court Rs 8000 per month. This Act amended Part 'D' of the Second Schedule to the Constitution to give effect to the above increases in the salaries of Judges and to make an enabling provision in Articles 125 and 221 to provide for changes in the salaries of judges in future by Parliament by law.

55. The Constitution (Fifty-Fifth Amendment) Act, 1986-This Act seeks to give effect to the proposal of Government of India to confer statehood on the Union Territory of Arunachal Pradesh and for this purpose, a new Article 371 H has been inser ted which, inter alia, confers, having regard to the sensitive location of Arunachal Pradesh to vest special responsibility on Governor of the new State of Arunachal Pradesh with respect to law and order in the State.

  • The new Article also provides that the new Legislative Assembly of the new State of Arunachal Pradesh, shall consist of not less than thirty members.

56. The Constitution (Fifty-sixth Amendment) Act, 1987-Government of India has proposed to constitute the territories comprised in Goa District of the Union Territory of Goa, Daman and Diu as the State of Goa and the territories comprised in Daman and Diu districts of that Union Territory as a new Union Territory of Daman and Diu. In this context, it was proposed that the Legislative Assembly of the new State of Goa shall consist of forty member.

  • "The existing Legislature Assembly of the Union Territory of Goa, Daman and Diu had thirty elected members and three nominated members. It was intended to make this Assembly with the exclusion of two members representing Daman and Diu districts the provisional Legislative Assembly for the new State of Goa until elections are held on the expiry of the five years terms of the existing Assembly.
  • It was , therefor e, deci ded to pr ovi de t hat the Legislative Assembly of the new State of Goa shall consist of not less than 30 members. The Special provision required to be made to give effect to this proposal is carried out by this amendment.

57.The Constitution (Fifty-seventh Amendment) Act, 1987- 

  • The Constitution (Fifty-first Amendment) Act, 1984 was enacted to provide for reservations of seats in the House of the People for Scheduled Tribes in Nagaland, Meghalaya, Mizoram and Arunachal Pradesh and also for reservation of seats for Scheduled Tribes in the Legislative Assemblies of Nagaland and Meghalaya by suitably amending Article 330 and 332.
  • Even though these state are predominantly tribal, the underlaying objective of the aforesaid Act was to ensure that the members of Scheduled tribes in these areas do not fail to secure a minimal representation because of their inability to compete with the advanced sections of the people.
  • The Constitution (Fifty-first Amendment) Act, though formally enforced, could not be fully implemented unless parallel action is taken to determine the seat which are to be reserved for Scheduled Tribes in these areas.
  • It was considered necessary to provide for special arrangements with regard to the reservation for Scheduled Tribes in these areas for a temporary period so as to facilitate easy transition of these areas to the normal arrangements as envisaged in the Constitution.

58. The Constitution (Fifty-eighth Amendment) Act, 1987- 

  • There has been general demand for the publication of authoritative text of the Constitution in Hindi. It is imperative to have an authoritative text of the Constitution for facilitating its use in the legal process. Any Hindi version of the Constitution should not only conform to the Hindi translation published by the Constituent Assembly, but should be in conformity, with the language, style and terminology adopted in the authoritative texts of Central Acts in Hindi language.
    President has also been authorised to publish the translation in Hindi of every amendment of the Constitution made in English.
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