A total of 126 Constitutional Amendment Bills have been presented in the Indian Constitution so far, out of which only 104 Constitutional Amendment Bills have been approved and given the form of Constitutional Amendment Act.
What is constitutional amendment?
India has taken the process of constitutional amendment from a country called South Africa. According to this law, the process of changing, improving or making a bill innocent in the legislative assembly is called 'amendment'. Amendment of the Indian Constitution is the process of making changes in the Constitution of India.
Such changes are made by the Parliament of India. These must be approved by a substantial majority in each House of Parliament, and specific amendments must also be ratified by the states. The details of this process are given in Article 368, Part XX of the Constitution.
Constitution Amendment Process:
Detailed information about the process related to constitutional amendment is available in Article-368 under Part-20 of the Constitution. The approval of the President is not necessary for reinstating a bill in the Parliament for the amendment of the constitution. From the point of view of the process of amendment of the constitution, the articles of the Indian constitution can be divided into the following three categories-
- Those articles which can be amended by a simple majority in the Parliament.
- Articles that can be amended by a two-thirds (⅔) majority in Parliament.
- Articles that can be amended by the approval of resolutions of the legislatures of half the states of India with a two-thirds (⅔) majority in Parliament.
According to Article-368, Parliament can bring amendment in the constitution in three ways:
- By simple majority
- By a two-thirds majority
- With the approval of the legislatures of half the states of the country with a two-thirds majority.
- There is no provision for joint session in case of deadlock in both the houses on the amendment act.
- The President is bound to give his assent to the passed amendment act.
- Amendments are possible in fundamental rights whereas basic features of the constitution cannot be amended.
- According to the Supreme Court, the number of basic symptoms is 19.
List of amendments made so far in the constitution:
- First Constitution (Amendment) Act (1951): Through the first constitutional amendment, an attempt was made to remove some practical difficulties related to the implementation of fundamental rights related to liberty, equality and property. Appropriate restrictions were placed on the basic rights of speech and expression. Also, by this amendment, the Ninth Schedule was added to the Constitution, in which the laws mentioned cannot be examined under the powers of judicial review of the Supreme Court.
- Second Constitution (Amendment) Act (1952): Under this the representation in the Lok Sabha was rearranged on the basis of 1951 census.
- Third Constitution (Amendment) Act (1954): Under the Seventh Schedule, in place of the 33rd entry of the Concurrent List, food grains, fodder for animals, raw cotton, jute, etc. were kept, considering the production and supply of which in the public interest, the government would control it. Can control.
- Fourth Constitution (Amendment) Act (1955): Under this, in the event of personal property being taken over by the state in public interest, the court cannot examine its compensation.
- Fifth Constitution (Amendment) Act (1955): This amendment amended Article 3, empowering the President to veto proposed Central laws affecting the area, boundaries, etc., of the respective States by the State Legislatures. You can set a time limit for sending your views about.
- Sixth Constitution (Amendment) Act (1956): By this amendment, by changing the Union List of the Seventh Schedule, the Center has been empowered to levy tax on certain goods under the Interstate Sales Tax.
- 07th Constitution (Amendment) Act (1956): By this amendment, states were reorganized on linguistic basis, in which the classification of states in the next three categories was abolished and they were divided into states and union territories. Along with this, the seats in the Central and State Legislatures were rearranged accordingly.
- 08th Constitution (Amendment) Act (1959): Under this, the provisions related to reservation of Scheduled Castes, Scheduled Tribes and Anglo-Indian communities in the lower houses of the Center and States were extended for ten years i.e. till 1970.
- 09th Constitution (Amendment) Act (1960): By this, by changing the first schedule of the constitution, according to the terms of the 1958 treaty between India and Pakistan, Berubari, Khulna etc. areas were given to Pakistan.
- 10th Constitution (Amendment) Act (1961): Under this, the former Portuguese hinterlands of Dadra and Nagar Haveli were included in India and given the status of Union Territory.
- 11th Constitution (Amendment) Act (1962): Under this, by changing the provisions for the election of the Vice-President, a joint session of both the Houses was called in this context. It also laid down that the election of the President or the Vice-President cannot be challenged on the ground of vacancy in the electoral college.
- 12th Constitution (Amendment) Act (1962): Under this, Goa, Daman and Diu were included as Union Territories in India by amending the First Schedule of the Constitution.
- 13th Constitution (Amendment) Act (1962): Under this, by adopting special provisions regarding Nagaland, it was given the status of a state.
- 14th Constitution (Amendment) Act (1963): By this, Puducherry was included in India as a Union Territory. Along with this, the Legislature and Council of Ministers were established in the Union Territories of Himachal Pradesh, Manipur, Tripura, Goa, Daman and Diu and Puducherry.
- 15th Constitution (Amendment) Act (1963): Under this, the retirement age of High Court judges was increased from 60 to 62 years and provisions were made regarding the appointment of retired judges to the High Court.
- 16th Constitution (Amendment) Act (1963): By this, in the interest of the sovereignty and integrity of the country, provisions were made to impose some restrictions on the fundamental rights, as well as by making changes in the third schedule, under the oath 'I will protect the independence and integrity of India'. Will maintain' added.
- 17th Constitution (Amendment) Act (1964): It further amended property rights and placed some other land reform provisions in the Ninth Schedule, the validity of which could not be examined by the Supreme Court.
- 18th Constitution (Amendment) Act (1966): Under this, reorganizing Punjab on linguistic basis, the Punjabi speaking region was constituted as Punjab and the Hindi speaking region as Haryana. The hilly areas were given to Himachal Pradesh and Chandigarh was made a union territory.
- 19th Constitution (Amendment) Act (1966): Under this, the powers of the Election Commission were changed and the High Courts were empowered to hear election petitions.
- 20th Constitution (Amendment) Act (1966): Under this, the appointment of some district judges appointed on the basis of irregularity was given legitimacy.
- 21st Constitution (Amendment) Act (1967): By this, Sindhi language was included as the fifteenth language under the Eighth Schedule of the Constitution.
- 22nd Constitution (Amendment) Act (1969): By this a new state of Meghalaya was carved out of Assam.
- 23rd Constitution (Amendment) Act (1969): Under this, the reservation of Scheduled Castes and Scheduled Tribes in Legislatures and nomination of people from Anglo-Indian community was extended for another ten years.
- 24th Constitution (Amendment) Act (1971): Under this amendment, the power of the Parliament was clarified that it can amend any part of the amendment, including the fundamental rights under Part III, as well as it It was also determined that when the amendment bill is passed by both the Houses and goes before the President, it will be binding on the President to give property on it.
- 26th Constitution (Amendment) Act (1971): Under this, the special titles of the rulers of the former princely states and their privy purses were abolished.
- 27th Constitution (Amendment) Act (1971): Under this, Mizoram and Arunachal Pradesh were established as Union Territories.
- 29th Constitution (Amendment) Act (1972): Under this, the Kerala Land Reforms (Amendment) Act, 1969 and the Kerala Land Reforms (Amendment) Act, 1971 were placed in the Ninth Schedule of the Constitution, thereby subjecting its constitutional validity to court Can't be challenged.
- 31st Constitution (Amendment) Act (1973): By this the number of members of the Lok Sabha was increased from 525 to 545 and the representation of union territories was reduced from 25 to 20.
- 32nd Constitution (Amendment) Act (1974): Resignation under pressure or coercion by a member of Parliament and Legislatures was declared illegal and the Speaker has the right to accept only voluntary and proper resignation .
- 34th Constitution (Amendment) Act (1974): Under this twenty land reform Acts passed by various states were freed from the test of constitutional validity by the court by giving them entry in the Ninth Schedule.
- 35th Constitution (Amendment) Act (1974): Under this, the status of protected states of Sikkim was abolished and it was admitted to India as an associated state.
- 36th Constitution (Amendment) Act (1975): Under this, Sikkim was made the twenty-second state of India.
- 37th Constitution (Amendment) Act (1975): Under this, the declaration of emergency and the issuance of ordinances by the President, Governors and administrative heads of union territories were made indisputable and kept them free from judicial review.
- 39th Constitution (Amendment) Act (1975): By this the disputes related to election of President, Vice-President, Prime Minister and Speaker of Lok Sabha were freed from judicial examination.
- 41st Constitution (Amendment) Act (1976): By this, the age limit for the retirement of the members of the State Public Service Commission was increased to 60 years, but the maximum age of retirement of the members of the Union Public Service Commission was allowed to remain 65 years.
- 42nd Constitution (Amendment) Act (1976): By this, comprehensive changes were brought in the constitution, the main of which were the following.
- (a) The words 'socialist', 'secular' and 'unity and integrity' were added to the preamble of the constitution.
- (b) Supremacy over fundamental rights was ensured to all Directive Principles.
- (c) Under this, ten fundamental duties were added to the constitution under Article 51(A), (Part-IV A).
- (d) By this the constitution was mainly protected from judicial examination.
- (e) The number of seats in all the Legislative Assemblies and Lok Sabha was fixed till the end of this century.
- (f) The term of the Lok Sabha and Legislative Assemblies was reduced from five to six years,
- (g) By this, it was determined that the validity of any central law will be examined by the Supreme Court and the High Court on the validity of the state law. Also, it was laid down that any question of constitutional validity should be decided by a one-third majority given by a bench of more than five judges and if the number of judges is up to five, the decision should be unanimous.
- (h) By this the subjects like forest wealth, education, population control etc. were transferred from the state list to the concurrent list.
- (i) Under this, it was determined that the President will act according to the advice of the Council of Ministers and its head, the Prime Minister.
- (j) It empowered the Parliament to make laws to deal with anti-national activities and established supremacy.
- 44th Constitution (Amendment) Act (1978): Under this, the basis of military mutiny was kept in place of internal disturbance to implement national emergency and other provisions related to emergency were changed, so that they are not misused. By this right to property was removed from the part of fundamental rights and placed in the category of Bill (legal) rights. The term of Lok Sabha and State Legislative Assemblies was reduced from 6 years to 5 years again. The Supreme Court was empowered to decide the dispute regarding the election of the President and the Vice President.
- 50th Constitution (Amendment) Act (1984): Article 33 was amended by this to collect necessary information for those working in the supplementary services of military services, to protect the country's property and law and order. Along with this, the Parliament was also empowered to make laws for the proper performance of duties by these services.
- 52nd Constitution (Amendment) Act (1985): This amendment aimed to curb political defection. Under this, those members of Parliament or Legislatures will be disqualified, who leave the party on whose election symbol they contested, but if one-third of the members of the parliamentary party of a party want to form a separate party, then on them Disqualification will not apply. These anti-defection provisions were placed under the Tenth Schedule of the Constitution.
- 53rd Constitution (Amendment) Act (1986): Under this, Mizoram was given statehood by adding Clause 'G' to Article 371.
- 54th Constitution (Amendment) Act (1986): By this, by amending Part 'D' of the Second Schedule of the Constitution, the Parliament was given the right to increase the salary of the judges.
- 55th Constitution (Amendment) Act (1986): Arunachal Pradesh was made a state under this.
- 56th Constitution (Amendment) Act (1987): Under this, Goa was given the status of a state and Daman and Diu were allowed to remain as union territories.
- 57th Constitution (Amendment) Act (1987): Under this, the delimitation of the Legislative Assembly seats of Meghalaya, Mizoram, Nagaland and Arunachal Pradesh was done till the end of this century in relation to the reservation of Scheduled Tribes.
- 58th Constitution (Amendment) Act (1987): By this the President was authorized to publish the authentic Hindi version of the Constitution.
- 60th Constitution (Amendment) Act (1988): Under this, the limit of profession tax was increased from Rs.250 to Rs.2500 per person per year.
- 61st Constitution (Amendment) Act (1989): It proposed to lower the voting age from 21 years to 18 years.
- 65th Constitution (Amendment) Act (1990): By amending Article 338, arrangements have been made for the constitution of Scheduled Castes and Scheduled Tribes Commission.
- 69th Constitution (Amendment) Act (1991): Delhi was made the National Capital Territory and provision was made for the Legislative Assembly and Council of Ministers for the Union Territory of Delhi.
- 70th Constitution (Amendment) Act (1992): Members of the Legislative Assemblies of the Union Territories of Delhi and Puducherry were included in the electoral college for the President.
- 71st Constitution (Amendment) Act (1992): Konkani, Manipuri and Nepali languages were included in the Eighth Schedule.
- 73rd Constitution (Amendment) Act (1992-93): Under this the Eleventh Schedule was added to the Constitution. Its provisions related to Panchayati Raj have been included.
- 74th Constitution (Amendment) Act (1993): Under this, Twelfth Schedule was included in the Constitution, in which provisions related to municipalities, municipal corporations and city councils have been made.
- 76th Constitution (Amendment) Act (1994): The Ninth Schedule of the Constitution has been amended by this amendment act and the Act providing for 69 per cent reservation in government jobs for backward classes passed by the Government of Tamil Nadu has been included in the Ninth Schedule has gone.
- 78th Constitution (Amendment) Act (1995): By this, 27 land reform laws passed by various states have been included in the Ninth Schedule. Thus, the total number of Acts included in the Ninth Schedule has increased to 284.
- 79th Constitution (Amendment) Act (1999): The period of reservation for Scheduled Castes and Scheduled Tribes has been extended up to 25 January 2010. Through this amendment, it was arranged that now the states will get 29% of the total amount received from direct central taxes.
- 82nd Constitution (Amendment) Act (2000): By this amendment, states have been allowed to relax the minimum marks for candidates belonging to Scheduled Castes and Scheduled Tribes in cases of promotion to fill vacancies reserved for them in government jobs. .
- 83rd Constitution (Amendment) Act (2000): By this amendment, exemption has been given for not making provision for reservation for Scheduled Castes in Panchayati Raj Institutions. Due to the absence of any Scheduled Caste in Arunachal Pradesh, it has been given this exemption.
- 84th Constitution (Amendment) Act (2001): By this amendment act, a provision has been made not to make any change in the number of seats in the Lok Sabha and Legislative Assemblies till the year 2016.
- 85th Constitution (Amendment) Act (2001): Provision for reservation in promotion for SC/ST candidates in government services.
- 86th Constitution (Amendment) Act (2002): By this amendment act, a provision has been made to recognize compulsory and free education as a fundamental right for the children of the country from 6 to 14 years of age, it is under Article 21 (a). Constitution has been added. There is a provision to amend Article 51 (a) of the Constitution by this Act.
- 87th Constitution (Amendment) Act (2003): The delimitation base has been changed from 1991 to 2001 census.
- 88th Constitution (Amendment) Act (2003): Provision of Tax on Services
- 89th Constitution (Amendment) Act (2003): Provision for establishment of separate National Commission for Scheduled Tribes.
- 90th Constitution (Amendment) Act (2003): Bodoland, Territorial Council Area, protection of rights of non-tribals while maintaining representation of scheduled tribes and non-scheduled tribes in the Assam Legislative Assembly.
- 91st Constitution (Amendment) Act (2003): Amendment in defection system, recognition of merger of entire party only, the number of members of the Council of Ministers in the Center and the State will be 15 percent of the number of members of the Lok Sabha and the Legislative Assembly respectively (where the members of the House The number is 40-50, there will be a maximum of 12).
- 92nd Constitution (Amendment) Act (2003): Inclusion of Bodo, Dogri, Maithali and Santhali languages in the Eighth Schedule of the Constitution.
- 93rd Constitution (Amendment) Act (2005): Provision for reservation of 25 percent seats for the admission of SC/ST and OBC citizens in educational institutions has been made under the provisions of Clause 4 of Article 15 of the Constitution.
- 94th Constitution (Amendment) Act (2006): By amending Article-164(1) of the Constitution through this Act, a mandatory provision has been made for the appointment of a separate minister for tribal affairs in Chhattisgarh and Jharkhand, whereas in Bihar has been excluded from it. Now Odisha, Jharkhand, Chhattisgarh and Madhya Pradesh are in this revised list, where it is mandatory to appoint a separate minister to look after tribal affairs.
- 95th Constitution (Amendment) Act (2009): Article 334 of the Constitution has been amended by this Constitutional Amendment Act. Under this, the system of reservation in Lok Sabha and State Assemblies has been extended further for 10 years. The 10-year period extended by the 79th Constitutional Amendment of 1999 expired on January 25, 2010. Prior to this, its term has been extended for 10-10 years by the 8th, 23rd, 45th, 62nd and 79th constitutional amendments.
- 96th Constitution (Amendment) Act (2011): By this constitutional amendment, the name of Odia, which is at the 15th position in the Eighth Schedule [Article 344(1) and Article 351] of the Constitution, has been changed to Odia.
- 97th Constitution (Amendment) Act (2011): This Act received the assent of the President on January 12, 2012. By this, in sub-clause (c) of clause (1) of article 19 in Part-III of the Constitution, the words "or after the union or co-operative societies" have been added. Article 43B has been added in Part-IV and Part-9B has been added after Part-9A. In this, provisions related to formation, regulation and law of cooperative societies have been made.
- 98th Constitution (Amendment) Act (2012): The 118th Constitution Amendment Bill, 2012 became the 98th Constitution (Amendment) Act, 2012 after the assent of the President in January 2013. By this Act, a new Article-371J has been added after Article-371I in Part-21 of the Constitution of India. Part-21 contains temporary, transitional and special provisions. Article-371J empowers the Governor of Karnataka to take steps for the development of the Hyderabad-Karnataka region. This region includes the districts of Gulbarga, Bidar, Raichur, Koppal, Yadgir and Bellary.
- 99th Constitution (Amendment) Act (2014): The National Judicial Appointments Commission was established by amending the Constitution of India through the Ninety-Ninth Constitutional Amendment with the Constitution of India (Ninety-ninth Amendment) Act, 2014 or 99th Constitutional Amendment Act-2014 It was passed by the Lok Sabha on 13 January 2014 and by the Rajya Sabha on 14 August 2014. Along with the Constitutional Amendment Act, the National Judicial Appointments Commission Act, 2014 was also passed by the Parliament of India to regulate the functions of the National Judicial Appointments Commission.
- 100th Constitution (Amendment) Act (2015): On 1 August 2015, 100th amendment was made to the Land Boundary Treaty between India and Bangladesh. Under this, both the countries exchanged some territories with mutual consent. Under the agreement, Indian citizenship was also given to the people who joined India from Bangladesh.
- 101st Constitution (Amendment) Act (2017): GST (Goods and Services Tax) was added by amending the Indian Constitution on 1 July 2017.
- 102nd Constitution (Amendment) Act (2018): On 11 August 2018, the Indian Parliament granted constitutional status to the National Commission for Backward Classes by the 102nd amendment to the constitution.
- 103rd Constitution (Amendment) Act (2019): On 12 January 2019, the 124th Constitutional Amendment Bill got the status of 103rd Constitutional Amendment only after the assent of President Ram Nath Kovind. In this law, a provision has been made for 10 percent reservation in the field of government jobs and education for poor people of high or gold class.
- 104th Constitution (Amendment) Act (2020): On 25 January 2020, the Indian President passed the 104th Constitutional Amendment Act in the Constitution by approving the 126th Constitutional Amendment Bill (2019). The 104th Constitutional Amendment Act amended the provisions relating to the reservation of SC and ST and removed the seats reserved for the Anglo-Indian community in the Lok Sabha and state legislatures.
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