Revision Notes: The Amendments in the Constitution- 2 | Indian Polity for UPSC CSE PDF Download

59. The Constitution (Fifty-ninth Amendment) Act, 1988-

• The Act amends Article 365(5) of the Constitution so as to facilitate the extension of a Presidential Proclamation issued under clause (1) of Article 356 beyond a period of one year, if necessary upto a period of three years, as permissible under clause (4) of Article 356 with respect to the State of Punjab because of the Continued disturbed situation there.
• The Act also amends Article 352 of the Constitution pertaining to the Proclamation of emergency in its application to the State of Punjab and includes internal disturbance as one of the grounds for making a Proclamation in respect to the State of Punjab only. As a consequence of amendment in Article 352. Articles 358 and 359 in relation to the State of Punjab will be operative only for a period of two years from 30 March 1988, which is the date of commencement of the amendment.

60. The Constitution (Sixtieth Amendment) Act, 1988-The Act amends clause (2) of Article 276 of the Constitution so as to increase the ceiling of taxes on professions,        trades, callings and employment from two hundred and fifty rupees per annum to two thousand and five hundred rupees per annum. The upward revision of this tax will              help state governments in raising additional resources. The proviso to clause (2) has been omitted. 

61. The Constitution (Sixty-first Amendment) Act, 1989-The Act provides for reducing voting age from 21 to 18 years by amending Article 326 of the Constitution to proved to the unrepresented youth of the country an opportunity to give vent to their feelings and help them become a part of political process.

62. The Constitution (Sixty-second Amendment) Act, 1989-

• Article 334 of the Constitution lays down that the provisions of the Constitution relating to the reservation of seats for the Scheduled Castes and the Scheduled Tribes and the representation of the Anglo-Indian community by nominating of the Lok Sabha and in the Legislative Assemblies of the States shall cease to have effect on the expiration of a period of forty years from the commencement of the Constitution.
• Although the Scheduled Castes and the Scheduled Tribes have made considerable progress in the last forty years, the reasons which weighed with the Constituent Assembly in making provisions with regard to the aforesaid reservation of seats and nomination of member, have not ceased to exist.
• The Act amends Ar ticle 334 of the Constitution to continue the reservation for the Scheduled Castes and the Scheduled Tribes and the representation of the AngloIndians by nomination for a further period of ten years.

63. The Constitution (Sixty-third Amendment) Act, 1989-

• The Constitution (Fifty-ninth Amendment) Act, 1988 was enacted in March 1988 making certain changes in regard to making a Proclamation of Emergency in Punjab and to the duration of President's rule in State.
• One reconsideration, the Government decided that the special powers in regard to the Proclamation of Emergency in Punjab as envisaged in the said amendment is no longer required. Accordingly the provision to clause (5) of Article 356 and Article 359A of the Constitution have been omitted. 

64. The Constitution (Sixty-fourth Amendment) Act, 1990- This Act amends clauses (4) and (5) of Article 356 of the Constitution with a view to facilitate the extension of the proclamation issued under clause (1) of Article 356 on the Constitution on 11 May 1987 upto a total period of three years and six months in relation to the State of Punjab.

65. The Constitution (Sixty-fifth Amendment) Act, 1990-Article 338 of the Constitution provides for a Special Officer for the Scheduled Castes and Scheduled Tribes to investigate all the Scheduled Castes and Scheduled Tribe under the Constitution and to report to the President on their working.

• The Article has been amended for the constitution of a National Commission for Scheduled Castes and Scheduled Tribes consisting of a Chairperson. Vice Chair person and five other Members who shall be appointed by the President by warrant under has hand and seal.
• The amended Ar ticle elaborates the duties of the said Commission and covers measures that should be taken by the Union or any state for the effective implementation of the reports presented by the Commission.
• It also provides that the Commission shall, while investigating any matter or enquiring into any complaint have all the powers of a Civil Court trying a suit and the reports of the said Commission shall be laid before Parliament and the Legislature of the states.

66. The Constitution (Sixty-sixth Amendment) Act, 1990-The Act protects fifty-five State Act relating to land reforms and ceiling on agricultural land holdings enacted by State of Andhra Pradesh, Bihar, Gujarat, Himachal Pradesh, Maharashtra. Orissa, Rajasthan, Tamil Nadu, Uttar Pradesh, West Bengal and administration of the Union Territory of Pondichery, from challenge in courts, by including them in the Ninth Schedule to the Constitution. 

67. The Constitution (Sixty-seventh Amendment) Act, 1990- The three-year period in the case of proclamation issued on 11 May 1987 with respect to the State of Punjab was extended to three years and six months by the Constitution (Sixty-fourth Amendment) Act, 1990. This Act further amends clause (4) of Article 356 so as to further extend the period upto a total period of four years.

68. The Constitution (Sixty-eighth Amendment) Act, 1991- The three year period in the case of proclamation issued on 17 may 1987 with respect to the state of Punjab was earlier extended to four years by the Constitution (sixty-seventh Amendment) Act, 1990. This Act further amends clause (4) of Article 356 so as to further extend the period upto a total period of five years.

69. The Constitution (Sixty-ninth Amendment) Act, 1991-

• The Government of India appointed on 24 December 1987 a Committee to go into various issues connected with the administration of Delhi and to recommend measures, inter aliaf or the stream lining of the administrative set up. After detailed inquiry and examination, it recommended that Delhi should continue to be a union territory and may be provided with a Legislative Assembly and a Council of Ministers responsible to such Assembly with appropriate that Delhi should continue to be a union territory and may be provided with a Legislative Assembly and a Council of Ministers responsible to such Assembly with appropriate powers to deal with matters of concern to the common man.
• The Committee also recommended that with a view to ensuring stability and permanence, arrangements should be incorporated in the Constitution to give the national capital a special status among the union territories.
• This Act has been passed to give effect to the above recommendations.

70. The Constitution (Seventieth Amendment) Act, 1992- 

•  While considering the (Seventy-fourth Amendment) Bill, 1991 and the Government of National Capital Territorial Bill, 1991 views were expressed in both the houses of Parliament in favour of including also the elected members of the legislative assemblies of union territories in the electoral college for the election of the President under Article 54 of the Constitution.
• Before this act Article 54 relating to the election of the President provided for an electoral college consisting of only the elected Members of Parliament as well as the legislative assemblies of the states (not of union territories). Similarly, Article 55 providing for the manner of such election also speaks of legislative assemblies of states.
• Accordingly, an Explanation was inser ted in Ar ticle 54 to provide that reference to 'State' in Article 54 and 55 would include the National Capital Territory of Delhi and the Union Territory of Pondicherry for constituting the electoral college for election of the President.
• This would enable the elected mem bers  of t he Legislative Assembly created for the Union Territory of Pondicherry under the provisions of Article 239A and of the proposed Legislative Assembly of the National Capital Territory of Delhi under Article 239A to be included in the electoral college.

71. The Constitution (Seventy-first Amendment) Act, 1992- There have been demands for inclusion of certain languages in the Eighth Schedule to the Constitution.
This Act amends the Eighth Schedule to the Constitution to include Konkani, Manipuri and Nepali languages in the Eighth Schedule to the Constitution. 

72. The Constitution (Seventy-second Amendment) Act, 1992-

• For restoring peace and harmony in the areas of the State of Tripura where disturbed conditions prevailed, a Memorandum of Settlement was signed by the Government of India with Tripura National Volunteers on 12 August 1988.
• In order to implement the said Memorandum, Article 332 of the Constitution has been amended by the Constitution (Seventy-second Amendment) Act, 1992 for making a temporary provision for the determination of the number of seats reserved for the Scheduled Tribes in the State Assembly of Tripura, until the readjustment of seats is made on the basis of the first Census after the year 2000 under Article 170 of the Constitution.

73. The Constitution (Seventy-third Amendment) Act, 1993- 

• Article 40 of the Constitution which enshrines one of the Directive Principles of State Policy lays down that the State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.
• In the light of the above a new Par t IX relating to the Panchayats has been inserted in the Constitution to provide for among other things. Gram Sabha in a village or group of villages; constitution of Panchayats at village and other level or levels; direct elections to all seats in Panchayats at the village and intermediate level, if any, and to the offices of Chairpersons of Panchayats at such levels; reservation of seats for the Scheduled Castes and Scheduled Tribes in proportion to their population for membership of Panchayats and office of Chairpersons in Panchayats at each level; reservation of not less than one-third of the seats for women; fixed tenure of five years for panchayats and holding elections within a period of six months in the event of supersession of any Panchayat.

74. The Constitution (Seventy-fourth Amendment) Act, 1993-

• In many States local bodies have become weak and ineffective on account of a variety of reasons, including the failure to hold regular elections, prolonged supersession and inadequate devolution of powers and functions. As a result, Urban Local Bodies are not able to perform effectively as vibrant democratic units of self-government.
• Having regard to these inadequacies a new par t IX-A relating to the Municipalities has been incorporated in the Constitution to provide for among other things, constitution of three types of Municipalities, i.e.. Nagar Panchayats for areas in transition from a rural area to urban area. Municipal Councils for smaller urban areas and Municipal Corporations for larger urban areas. 

75. The Constitution (Seventy-fifth Amendment) Act, 1994- 

• The Supreme Cour t taking note of the precarious state of rent litigation in the country in case of Prabhakaran Nair and others Vs. State of Tamil Nadu (Civil Writ Petition 506 of 1986 and other writs observed that the Supreme Court and the High Courts should be relieved of the heavy burden of rent litigation. Tiers of appeal should be curtailed. Laws should be simple, rational and clear, litigations must come to end quickly.
• Therefore, this Act amends Ar ticle 323B Par t XIVA of the Constitution so as to give for setting up of Statelevel Rent Tribunals order to reduce the tiers of appeals and to exclude to jurisdiction of all courts, except that of the Supreme Court, under Article 136 of the Constitution.

76. The Constitution (Seventy-sixth Amendment) Act, 1994- 

• The Supreme Court in Indira Sewheny and others Vs. Union of India and others (AIR, 1993 SC 477) on 16 November 1992 ruled that the total reservations under Article 16(4) should not exceed 50 per cent.
• The Tamil Nadu Government enacted a legislation, namely, Tamil Nadu backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institution and of appointments or posts in the Services under the State) Bill, 1993 and forwarded it to the Government of India for consideration of President of India in terms of Article 31-C of the Constitution.
• The Government of India suppor ted the provision of the State legislation by giving the President's assent to the Tamil Nadu Bill. As a corollary to this decision, it was necessary that the Tamil Nadu Act 45 of 1994 was brought within the purview of the Ninth Schedule to the Constitution so that it could get protection under Article 31B of the Constitution with regard to the Judicial review. This Act amends the Constitution to achieve the above objects.

77. The Constitution (Seventy-seventh Amendment) Act, 1995- The Scheduled Castes and the Scheduled Tribes have been enjoying the facility of reservation in promotion since 1955. In view of the commitment of the Government to protect the interests of the Scheduled Castes and the Scheduled Tribes, the Government have decided to continue the existing policy of reservations in promotion for the Scheduled Castes and the Scheduled Tribes. To carry out this, it was necessary to amend Article 16 of the Constitution by inserting a new clause (4A) in the said Article to provide for reservations in promotion for the Scheduled Castes and the Scheduled Tribes. 

78. The Constitution (Seventy-eighth Amendment) Act, 1995-

• Article 31B of t he Constitution confers on the enactment included in the Ninth Schedule to the Constitution immunity from legal challenge on the ground that they violate the Constitution.
• The Schedule consists of list of laws enacted by various state governments and Central Government which inter alia affect rights and interest in proper ty including land.
• In the past, whenever, it was found that progressive legislation conceived in the interest of the public was imperilled by litigation, recourse was taken to the Ninth schedule.
• Accordingly, several State enactments relating to land reforms and relying on agricultural land holding have already been included in the Ninth Schedule. Since the Government is committed to give importance to land reforms, it was decided to include land reform laws in the Ninth Schedule so that they are not challenged before the courts.
• The state gover nments of Bihar, Kar nataka, Kerala, Orissa, Rajasthan, Tamil Nadu and West Bengal had suggested the inclusion of some of their Acts relating to land reforms in the Ninth Schedule.
• Since the amendment to Acts which are already placed in the Ninth Schedule are to automatically immunised from legal challenge, a number of amending Acts along with a few principal Acts have been included in the Ninth Schedule so as to ensure that implementation of these Acts is not adversely affected by litigation. This Act seeks to achieve the above objects. 

79. The Constitution (Seventy-ninth Amendment Act, 1999— By this Act the Government has extended the reservations of seats for the Scheduled Castes and the Scheduled Tribes as well as for the Anglo-Indians in the House of the People and in the Legislative Assemblies of the States for another ten year.

80. The Constitution (Eightieth Amendment) Act, 2000— Based on the recommendations of the Tenth Finance Finance Commission, an alternative scheme for sharing taxes between the Union and the States has been enacted by the Constitution (Eightieth Amendment) Act 2000. Under the new scheme of devolution of revenue between Union and the States, 26 per cent out of gross proceeds of Union taxes and duties is to be assigned to the States in lieu of their existing share in the incometax, excise duties, special excise duties and grants in lieu of tax on railway passenger fares.

81. The Constitution (Eighty-first Amendment) Act, 2000— By this amendment the unfilled vacancies of a year which were reserved for the Scheduled castes and the Scheduled Tribes for being filled up in taht year in accordance with any provision for resevations made under  Article 16 of the Constitution, shall be considered as a separate class of vacancies to be filled up in any succeeding year or years, and such class of vacancies shall not be considerd together with the vacancies of the year in which they were filled up for determining the ceiling of fifty per cent reservation against total number of cacancies of that year.

82. The Constitution (Eighty-Second Amendment) Act, 2000— The amendment provides that nothing in Article 335 shall prevent the State from making any provision in favour of the members of the Scheduled Castes and the Scheduled Tribes for relaxation in qualifying marks in any examination or lowering the standards of evaluation for reservation in matters of promotion to any class or classes of services or posts in connection with affairs of the Union or of a State.

83. The Constitution (Eighty-third Amendment) Act, 2000— The Act amended Article 243 M of t he Constitution to provide that no reservation in Panchayats need be made in favour of the Scheduled Castes in Arunachal Pradesh wholly inhabited by tribal population.

84. The Constitution (Eighty-fourth Amendment) Act, 2001— 

• The Act amended provisos to ar ticles 82 and 170(3) of the Constitution to readjust and rationalise the territorial constituencies in the States, without altering the number of seats allotted to each state in House of People and Legislative Assemblies of the States, including the Scheduled Castes and Scheduled Tribes constituencies, on the basis of the population ascertained at the census for the year 1991 so as to remove the imbalance caused due to uneven growth of population/electorate in different constituencies.
• It is also to refix the number of seats reserved for the Scheduled Castes and the Scheduled Tribes in the House of the People and the Legislative Assemblies of the States on the basis of the population ascertained at the census for the year 1991 so as to remove the imbalance caused due to uneven growth of population/ electorate in different constituencies. Is also to refix the number of seats reserved for scheduled Castes and the scheduled Tribes in the House of the People and the Legislative Assemblies of the states on the basis of the population ascertained at the census for the year 1991.

85. The Constitution (Eighty-Fifth Amendment) Act, 2001— This Act amended article 16(4A) of the Constitution to provide for consequential seniority in the case of promotion by virtue of rule of reservation for consequential seniority in the case of promotion by virtue of rule of reservation for the Government servants belonging to the Scheduled Castes and the Scheduled Tribes. It also provides retrospective effect from 17th day of June 1995.

86. The Constitution (Eighty-sixth Amendment) Act, 2002— 

• The Act deals with insertion of a new article 21A after article 21. The new article 21A deals with Right to Education –“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.”
• Substitution of new Article for Ar ticle 45. For Article 45 of the Constitution, the following article shall be substituted, namely, Provision for early childhood care and education to children below the age of six years.Article 45: “The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years. ”
• Article 51A of the Constitution was amended and a new clause (k) was added after clause (j), namely, (k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen yeas.” 

87. Extend the usage of 2001 national census papulation figures for statewise distribution of parliamentary soats. In Article 330 of the constitution, in the Explanation, in the proviso, for the figures “1991”, the figures “2001” shall be substituted. 

88. The Constitution (Eighty-eighth Amendment) Act, 2003—

• To extend statutary cover for levy and utilization of Service Tax.
• After Article 268 of the Constitution, the following ar ticle shall be inserted, namely :
• “268A (1) Taxes on services shall be levied by the Government of India and such tax shall be collected and appropriated by the Government of India and the States in the manner provided in clause (2).
• (2) The proceeds in any financial year of any such tax levied in accordance with the provisions of clause (1) shall be -(a) collected by the Government of India and the States; (b) appropriated by the Government of India and the States, in accordance with such principles of collection and appropriation as may be formulated by Parliament by law”.

89. The National Commission for Scheduled Castes and Scheduled Tribes was bifurcated into the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes. 

90. The Constitution (Ninetieth Amendment) Act, 2003— In Article 332 of the Constituion, in clause (6), the following proviso shall be inserted, namely: “Provided that for elections to the Legislative Assembly of the State of Assam, the representation of the Scheduled Tribes and non-Scheduled Tribes in the constituencies included in the Bodoland Territorial Areas District, so notified, and existing prior to the constitution of the Bodoland Territorial Areas District, shall be maintained.”

91. The Constitution (Ninety-first Amendment) Act, 2003— Restrict the size of council of ministers to 15% of legislative members to strengthen Arti-defection Law.

92. The Constitution (Ninety-second Amendment) Act, 2004— Include Bodo, Dogr i, Santhali and Maithili as official languages.

93. The Constitution (Ninety-third Amendment) Act, 2006— To enable provision of reservation (27%) for O.B.C. in government as well as private educational institulions.

94. The Constitution (Ninety-fourth Amendment) Act, (2006) — To provide a Minister of Tribel Welfare in newly created Jharkhand, Chattisgarh, MP and Orissa.

95. The Constitution (Ninety-fifth Amendment) Act, (2010) — To extend the reservation for seats for SCs and STs in the Lok Sabha and State assemblies from sixty years to seventy years.

96. The Constitution (Ninety-sixth Amendment) Act, (2011) — Substituted ‘Odia’ to ‘Oriya’.

97. The Constitution (Ninety-seventh Amendment) Act, (2012) — Added the words “or co-operative Societies” after the word ‘or unions’ in Article 19(1)(c) and insertion of article 43B,

• Its objective is to encourage economic activities of co-operatives which in tern help progress of rural India.
• It is expected to not only ensure autonomous and democratic functionup of co-operatives, but also the accountabelity of the management to the members and other stateholders.

98. The Constitution (Ninety-eighth Amendment) Act, (2013) — To empower the governor of Karnataka to develop the Hyderabad – Karnataka region. 

99. The Constitution (Ninety-ninth Amendment) Act, (2015) — The amendment provides for the formation of a National Judicial Appointments Commission. 16 State Assemblies out of 29 States including Goa, Rajasthan, Tripura, Gujarat and Telangana ratified the Central Legislation, enabling the President to give assent the bill.

100. The Constitution (One hundred Amendment) Act, (2015) — Exchange of certain enclave territories with Bangladesh and conferment of citizenship rights to residents of enclaves conseguent  to signing of Land Boundary Agreement Treaty between India and Bangladesh.

[As on 1st August 2015, there have been 100 amendments to the Constitution of India since it was first enacted in 1950]

Note : In a landmark judgement, the J&K High Court has observed that the Aticle 370 is a “Permanent” Provision of the constitulion and it can not be “abrogated, repealed or even amended”. The court has also described Article 35A as one “giving protection to existing laws”!

101. [1st July 2017]:Goods and Services Tax Act:Amendment of Articles 248,249,250,268,269,270,271,286,366,368,sixth and seventh schedule.