The Constitution [First Amendment] Act 1951, was enacted within a year of the commencement of the Constitution. The Amendment made several notifications in a few Fundamental Rights.
It added the following three major heads to Article-19(2): ‘Public Order’, ‘Friendly Relation with foreign states’, and ‘Incitement to an offence’. Thus, the legislative became entitled to restrict the Freedom of Speech and Expression in respect of these three heads originally mentioned in Article-19(2).
The first Amendment Act curtailed the Fundamental Right to property guaranteed by Article 31 with a view to achieving quick implementation of important measures of agrarian reform passed by the state legislature by immunizing the same against attack in the courts. This Amendment added two new Articles, 31A and 31B and the Ninth Schedule, so as to make laws acquiring Zamindaris unchallengeable in the courts.
The Ninth Schedule was an interesting innovation in the area of the Constitutional Amendment. A new technique of by-passing Judicial Review was initiated. Any act incorporated in the schedule became fully protected against any challenge in a court of law under any Fundamental Right. Even an Act declared invalid by a court becomes valid retrospectively after being incorporated in the schedule.
Article 15(4) was added to the Constitution in 1951. It says that the state is not prevented from making any special provisions for the Schedule Tribes and Schedule Castes.
SEVENTH AMENDMENT: 1956
The Constitution (Seventh Amendment) Act, 1956 was necessitated primarily because of the re-organization of the states on a Linguistic Basis as a result of the report of the States Re-organization Commission.
The Scheme of states re-organization involved not only the changes in the boundaries of several of the existing stated, but also the abolition of the pre-existing classification of the states into those of Part A, Part B, and Part C. By this Amendment, the states of Part A&B were replaced on an equal footing while the states of Part C were now designated as Union Territories.
These various changes were effectuated by modifying Article-1, substitution of Schedule I by a new Schedule, and modifying Articles 239,240 and 241 to provide for the administration of the newly formed Union Territories.
Consequential amendments were effected in Article 80 which were of a normal nature, but Schedule IV dealing with allocation of seats in the Rajya Sabha, was completely revised.
FIFTEENTH AMENDMENT: 1963
The Constitution (Fifteenth Amendment) Act, 1963 was an omnibus Constitutional Amendment as it effected modifications in several constitutional provisions.
Article 217(1) was amended to raise the retirement age of the High Court Judges from 60 to 62 years. It partially gave effect to the recommendation of the law commission that the retirement age of the High Court Judges be raised to 65 years.
Article 128 was modified so as to make it possible for the retired High Court Judges to sit and act as ad hoc Judges of the Supreme Court.
Previously, only retired Judges of the Supreme Court and the Federal Court could sit as such, but there were not many of such Judges, and therefore, provision was made for retired High Court Judges as well to act as ad hoc Judges of the Supreme Court.
THIRTY- EIGHTH AMENDMENT: 1975
The Constitution (thirty-eighth) Amendment Act, 1975 was enacted during the Emergency (1975-1977) to make certain modifications in the emergency provisions.
Amendments were made in Article 352 with a view to make the proclamation of emergency of 1975 beyond any question although it was issued when the proclamation of emergency on the ground of External Aggression had already been in operation since 1971.
The Presidential satisfaction to issue a proclamation was declared to be ‘Final and Conclusive’ which shall not be questioned in any Court on any ground under Article 352(1).
THIRTY-NINTH AMENDMENT: 1975
The voiding of the election to Lok Sabha of Prime Minister Indira Gandhi by the Allahabad High Court in 1975 on the petition on Raj Narain led to the enactment of the Constitution (Thirty-Ninth Amendment) Act, 1975.
The Amendment introduced changes in the methods of deciding election disputes relating to the four high officials of the country, i.e. President, Vice- President, Prime Minister and the Speaker of the Lok Sabha.
As regards the President and the Vice-President, the basic change introduced was that Jurisdiction was taken away from the Supreme Court to decide any doubts and disputes arising in connection with their election.
Under new Article 71(2), Parliament by law was to establish some ‘authority’ or ‘body’ for deciding such disputes and its decision was not be challengeable by any court.
FORTY-SECOND AMENDMENT: 1976
The Constitution (Forty-Second Amendment) Act, 1976 is the most controversial and debatable piece of constitutional amendment ever undertaken in India since 1950.
The Amendment made two changes in the Preamble: First, the characterization of India as “sovereign democratic republic” has been changed to “sovereign socialist secular democratic republic. Thus, the concept of socialism and secularism were adopted. Secondly, the words ‘unity of the nation’ was changed to ‘unity and integrity of the nation’.
The constitution provided for readjustment in constituencies for election to Lok Sabha, and State legislative Assemblies, after every census held at an interval of ten years. This process was frozen by Constitutional Amendment 42 at the point of 1971 census till the holding of the first census after the year 2000.
A person holding an office of profit is dis-qualified from Membership of the Parliament or the State-Legislature.
Constitutional Amendment 42 added a few more Directive Principles i.e. Article 39A, Article 43A Article 48A.
FORTY-FOURTH AMENDMENT: 1978
The 42nd Amendment under taken during the Emergency (1975-1977) had been the most controversial amendment in the whole Indian Constitutional History. It had a number of obnoxious features, and had introduced a number of distortions in the Constitution.
The Constitutional (Forty-Fourth Amendment) Act, passed in 1978, removed most of the aberrations and distortions introduced into the Constitution by the Constitution Amendment 42.
It amended a few other provisions of the Constitution like the Fundamental Rights were not restricted or taken away by a transient majority in Parliament, it was necessary to provide adequate safeguards against recurrence of such a contingency in the future and to ensure to the people themselves an affective voice in determining the form of government under which people live.
Constitutional Amendment 42 has extended the life of Lok Sabha and State Legislative Assemblies from five years to six years. Constitutional Amendment 44 reduced the term again to five years and thus, restored the status quo ante.
A new Directive principle was inserted by adding a new clause to article 38 to the effect that the state shall strive to minimize inequalities in income and endeavor to eliminate inequalities in status, facilities and opportunities not only amongst individuals but groups of people residing in different areas or engaged in different vocations.
FIFTY-SECOND AMENDMENT: 1985
The Constitution (Fifty-Second Amendment) Act, passed in 1985, popularly known as the “Anti Defection Law”, is designed to prevent the scourge of defection of members of Parliament and State Legislatures from one political party to the other political party, and destabilizing the government in the process.
In Article 102, which lays down disqualification for membership of Parliament, the following new clause has been added: A person shall be dis-qualified for being member of either of the House of Parliament if he is so disqualified under the Tenth Schedule.
A member of the House belonging to any political party becomes disqualified for being a member of the House- if he voluntarily gives up his membership of such political party or he votes or abstains from voting in such House.
SIXTY-FIRST AMENDEMT: 1988
The Constitution (Sixty-First Amendment) Act, 1988, amends Article 362 to lower the age for Voting in elections to Parliament and State Legislatures from 21 to 18.
The Amendment thus makes democracy in India much more pervasive. The Present day youth are literate, enlightened and politically conscious and the lowering of the voting age enables them to participate in the political process in the country.
SEVENTY-THIRD AMENDMENT: 1993
The Constitution (Seventy-Third Amendment) Act, 1992, came into effect after having been passed by both Houses of Parliament and ratifies by the State legislatures as required by Article 368.
The main feature of the Amendment is to introduce the Panchayat system at the grassroots level. The Panchayat system had been based purely on State Legislation and its functioning had been very sporadic.
A new part, Part IX has been added to the constitution consisting of Articles 243 to 243-O. A new Schedule i.e. Eleventh Schedule, has also been added.
Panchayats are supposed to be established at the Village, intermediate and district levels and will be directly elected by the electorate from territorial constituencies in the respective Panchayat area.
The amendment has been passed in pursuance of the Directive Principle contained in Article 40, which lays down that the state shall take steps to organize village Panchayats and endow them with such powers as may enable them to function as units of self-government.
SEVENTY-FOURTH AMENDMENT: 1992
The Constitution (Seventy-Fourth) Act, 1992 seeks to strengthen the system of Municipal bodies in the urban areas. The idea is to place the local self-government in the urban areas on a sound and effective footing.
Both Constitutional Amendment 74th and 73rd, represents measures for decentralization of power and greater participation of people in self-rule.
The Amendment added a new part IXA to the Constitution which contains Articles 243P to 243G.
EIGHTY-SIXTH AMENDMENT: 2002
The Constitution (Eighty-Sixth) Amendment Act, 2002 inserted three amendments to provide for the Education and Welfare of Children.
First: Article 21A casts an obligation upon the state to provide free and compulsory education to all children of the age of 6 to 14 years.
Secondly: This amendment also substituted a new article for Article 45 which provides that the state shall endeavour to provide early childhood care and education for all the children until they complete the age of 6years.
Thirdly: This Amendment inserted Article 51A which impose a duty on parents and guardians to provide compulsory education for children between 6 to 14 years.
NINTY-THIRD AMENDMENT: 2005
This Amendment has changed the entire landscape of Education. It was one of the major amendments in recent times. Article 15 was amended and clause 5 was inserted.
This clause empowers the state to make laws for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or Scheduled Tribes in any institution other than Minority Educational Institution.
NINETY-NINTH AMENDMENT: 2014
NJAC (National Judicial Appointment Commission) was established by amending the Constitution of India through 99th Constitutional Amendment Act, 2014.
On 16th October, five members bench of the Supreme Court held that the 99th amendment and the NJAC Act, 2014 “unconstitutional and void”.
ONE HUNDRED AND THIRD AMENDMENT: 2019
The 103rd Constitutional Amendment Act, 2019 provides for 10% Reservation for economically weaker sections in public employment and public and private institutions.
The Amendment inserted a new clause (6) to article 15 allows the government to carve reservation for the economically weaker sections of the society in higher educational institutions, including private ones, whether they are aided or not by the state. Minority Educational Institutions are exempted.
Likewise, the new clause (6) to Article 16 provides for Quota for economically deprived sections in the initial appointment in government services.
