The Amendment of the Constitution refers to the process of making changes such as the addition, variation, or repeal of any provision of the Constitution in accordance with the procedure laid down for the purpose.
The purpose of Constitutional Amendments is to ensure that the Constitution remains a living document capable of adapting to changing circumstances while upholding its fundamental principles and values.
The detailed provisions regarding the Amendment of the Constitution of India are contained in Article 368 in Part XX of the Indian Constitution. These provisions define the process and scope of amending the Constitution.
Let us look into some of the major amendments to date.
The Constitution (1st Amendment) Act, 1951
- The 9th Schedule was added to protect the land reform and other laws included in it from the judicial review.
- It empowered the state to make the advancement of socially and economically backward classes.
- A clause was added that provided for the saving of laws providing for the acquisition of estates, etc.
- It also added a provision that state trading and nationalization of any trade or business by the state are not invalid on the ground of violation of the right to trade or business.
- The restrictions on freedom of speech and expression saw addition of three more grounds like public order, friendly relations with foreign states and incitement to an offense.
- The restrictions were made ‘reasonable’ and thus, justifiable in nature.
The Constitution (15th Amendment) Act, 1963
- This amendment enabled the High courts to issue writs to any person or authority even outside its territory’s jurisdiction if the cause of action arises within its territorial limits.
- The retirement age of high court judges was Increased from 60 to 62 years.
- A provision for compensatory allowance to judges who are transferring from one High court to another was added.
- The appointment of retired judges of the high courts as acting judges of the same court was introduced.
- Retired judge of the High Court can act as ad-hoc judge of the Supreme Court upon appointment.
The Constitution (42nd Amendment) Act, 1976
- It was enacted during the period of internal emergency.
- It established beyond doubt the supremacy of Parliament over the other wings of Government;
- The Directive Principles were given precedence over Fundamental Rights and ten Fundamental Duties were added to the constitution.
- It made the President bound to the advice of the Council of Ministers.
- And put forth the procedure for the establishment of administrative tribunals for service matters of Government employees and also other tribunals.
- Limits on the power and jurisdiction of the judiciary were imposed.
- The term of the Lok Sabha and the Vidhan Sabha was raised from five to six years.
- No Constitutional Amendment could be questioned in any court of law.
The Constitution (43rd Amendment) Act, 1978
- This Act was passed to repeal the unwanted provisions of the Constitution (42nd Amendment) Act.
- Civil liberties were restored by deleting Article 31D, which gave powers to Parliament to curtail even legitimate trade union activity under the guise of legislation for the prevention of anti-national activities.
- It restored legislative powers of the States and the provisions related to the judiciary.
- The power of the Supreme Court to invalidate state laws was restored which was taken away by the 42nd Amendment Act.
- The High Courts can also look into the question of constitutional validity of Central laws upholding the principle of integrated judiciary.
The Constitution (44th Amendment) Act, 1978
- The duration of the Lok Sabha and State Legislative Assemblies was restored from six to the normal term of five years.
- The Right to Property ceases to be a Fundamental Right and becomes only a legal right.
- The Act provided constitutional protection for publication of the proceedings of Parliament and State Legislatures, except in cases where it is proved to be “malicious”.
- Any future proclamation of Emergency be issued by the President only after receiving the advice of the Cabinet as a whole and not just the prime minister.
- The proclamation will have to be adopted by a two-thirds majority of the members of both Houses of Parliament within a month.
The Constitution (61st Amendment) Act, 1989
- This amendment reduced the voting age for elections to the Lok Sabha and State Legislative Assemblies from 21 to 18 years.
- Article 326 of the Indian Constitution was modified.
- The bill required the approval of more than half of the state legislatures, which was properly gained, but states like Jammu and Kashmir, Punjab, Nagaland, Tamil Nadu, and Tripura did not ratify it.
- There was a discussion of lowering the limit to 16 years in 2011, but it hasn't materialized yet.
The Constitution (73rd Amendment) Act, 1992
- After this amendment, Panchayati Raj Institutions got Constitutional status.
- A separate Part IX (article 243A to 243O) and Eleventh Schedule was added to the Constitution.
- The Act provides for compulsory provisions like Gram Sabha, a three-tier model of Panchayati Raj, reservation of seats for SCs and STs in proportion to their population and one-third reservation of seats for women.
- There are voluntary provisions like reservation of seats for backward classes.
The Constitution (74th Amendment) Act, 1992
- This amendment act provides constitutional status to Urban Local Bodies.
- A separate Part IXA has been added to the Constitution with Articles 243P to 243ZG and the Twelfth schedule enumerating the powers and functions of urban local bodies.
- The Act provides a three tier structure in urban areas with Nagar Panchayat, Municipal Council and Municipal Corporation.
- Mandatory provisions include reservation of seats for SCs and STs in proportion to their population and one-third reservation of seats for women.
- Voluntary provisions include reservation of seats for backward classes.
The Constitution (97th Amendment) Act, 2012
- After the words “or unions” the words “Cooperative Societies” was added in Part III of the constitution.
- In Part IVA (directive principles of state policy) a new Article 43B was added according to which, “the state shall endeavor to promote voluntary formation, autonomous functioning, democratic control and professional management of the co-operative societies”.
- A Part IXB was inserted to accommodate state vs center roles.
The Constitution (101st Amendment) Act, 2016
- This amendment introduced the Goods and Services Tax which allows both the center and states to levy the Goods and Services Tax (GST).
- Before this amendment, taxation powers were divided between the center and states in respective areas.
- The Act requires Parliament to compensate states for any revenue loss owing to the implementation of GST.
- This amendment replaced various central and state taxes such as excise duty, octroi, service tax, sales tax and entertainment tax with GST.
- Some items like alcohol for human consumption, Petroleum products, electricity etc will remain outside its purview initially.
- The amendment creates a GST Council consisting of the Union Finance Minister and representatives from all states to implement GST.
- The decisions of the GST Council will be taken by a majority of not less than three-fourths of weighted votes (75%) of the members present and voting.
The Constitution (106th Amendment) Act, 2023
- This amendment act provides one-third reservation to women in the Lok Sabha, State Assemblies, and the NCT of Delhi.
- The act will take effect after delimitation and the first census taken after the commencement of this act.
- The Parliament may determine the periodic rotation of seats reserved for women after each subsequent delimitation.
- The bill introduced a 15-year sunset clause for the review of reservation provisions for women by parliament.