General Awareness about Amendments to the Indian Constitution for Competitive Exams

General Awareness about Amendments to the Indian Constitution for Competitive Exams  

Amendments to the Indian Constitution:

After the enactment of the Constitution of India on 26 November 1949, there have been 95 amendments made. A number of bills are introduced before Lok Sabha and Rajya Sabha for further improving the Constitution. Parliament has been bestowed with the constituent power, using which changes in the India Constitution can be made. However, the basic structure of the Indian constitution cannot be changed under any circumstances.

Provision for Amendment:

Part XX of the Constitution of India deals with the Amendment of the Constitution. Article 368 specifies the power of Parliament to amend the constitution and the procedure of being it. It is also mentioned in the Article that there will be no limitation on the constituent power of the Parliament for amending it by adding, removing or improving the provisions made in it.

Procedure of Amendments:

The method of an amendment to the constitution is considered to be a highly complicated procedure. Amendment can be made by various methods, which have been modelled on the South African Constitution.

Methods of Amendment

1) Method of Simple Majority: Applies to matters related to citizenship, abolishing of creating second chambers in the states, provisions relating to Scheduled Castes and Scheduled Tribes, etc.

2) In this, the following conditions should be fulfilled: Both the houses must pass the proposal by a majority of the total membership. By a 2/3 majority of the members present. After this, the amendment bill must also be ratified by not less than half of state legislatures. Applies to matters relating to election of President and Vice-President, executive power of union and states, subjects relating to the division of legislative powers between Centre and States, matters relating to Supreme Court and High Court, representation of states in Parliament amendment of article 368 itself, etc.

3) This method consists of first two conditions of the Second method: In this, there is no need of ratification by the States.

Frequently Asked Important Amendments:

1st Amendment (1951): Added Ninth Schedule. This amendment provided 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.

7th Amendment (1956): Re-organisation of States (14 States, 6 UTs)

9th Amendment (1961): Gave effect to the transfer of certain territories to Pakistan in pursuance of the agreement between Governments of India and Pakistan.

10th Amendment (1961): Incorporated Dadra & Nagar Haveli as a UT.

12th Amendment (1962): Incorporated Goa, Daman & Diu as a UT.

13th Amendment(1962): Created Nagaland as a State.

14th Amendment (1962): Inclusion of Pondicherry in the First Schedule.

21st Amendment (1967): Included Sindhi as the 15th Regional Language.

24th Amendment (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 36B to remove all doubts regarding the power of Parliament to amend the Constitution including the Fundamental Rights.

25th Amendment (1971): This amendment further amendment Article 31 in the wake of the Banks Nationalisation case.

31st Amendment (1973): The total strength of Lok Sabha was increased from 525 to 545 (on the basis of Census 1971)

42nd Amendment (1976): The working of the Preamble was changed from "Sovereign Democratic Republic" to read as: "Sovereign Secular Democratic Republic". The life of the Lok Sabha and all State Assemblies was extended from 5 to 6 years. It laid down 10 Fundamental Duties for all Citizens, existing 12 principles of state policy were expanded and given precedence over Fundamental Rights.

44th Amendment (1978): Deletion of right to Property from the Fundamental Rights. Limiting the declaration of Emergency only to cases of Armed Rebellion. The restoration of life of Lok Sabha and State Assemblies to 5 years.

56th Amendment (1987): Goa was made a state.

61st Amendment (1989): Reduced the voting age from 21 to 18 years.

72nd Amendment (1992): Panchayati Raj Bill passed. Constitution of panchayats at Village and other levels. Direct elections to all seats in panchayats and reservation of seats for the SC's and ST's and fixing of tenure of 5 years for Panchayats.

80th Amendment (2000): Deals with an alternative schema for sharing taxes between the Union and the States.

86th Amendment (2002): Provides for (i) insertion of a new article 21A that 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.

89th Amendment (2003): This Article provides for the amendment of Article 338 and insertion of a new article 338A which provides that there shall be a National Commission for ST.

91st Amendment (2003): This Article provides that the total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed fifteen percent of the total number of members of the House of the people.

95th Amendment (2010): Extended the reservation of seats in Lok Sabha and State  Assemblies for SC and ST from sixty to seventy years.

Important Links:

• Committees in our Parliament for Competitive Exams
• General Studies Indian Geography -  India rivers
• General Studies National Parks in India