important-amendment-acts-jvs-recommendation

1st Constitutional Amendment Act (1951)

  1. Empowered the state to make special provisions for the advancement of socially and economically backward classes.
  2. Provided for the saving of laws providing for acquisition of estates, etc. 
  3. Added Ninth Schedule to protect the land reform and other laws included in it from the judicial review. 
  4. Added three more grounds of restrictions on freedom of speech and expression, viz., public order, friendly relations with foreign states and incitement to an offence. Also, made the restrictions ‘reasonable’ and thus, justiciable in nature. 
  5. Provided that state trading and nationalisation of any trade or business by the state is not to be invalid on the ground of violation of the right to trade or business.

4th Constitutional Amendment Act (1955)

  1. Made the scale of compensation given in lieu of compulsory acquisition of private property beyond the scrutiny of courts. 
  2. Authorised the state to nationalise any trade. 
  3. Included some more Acts in the Ninth Schedule. 
  4. Extended the scope of Article 31 A (savings of laws).

24th Constitutional Amendment Act (1971)

  1. Affirmed the power of Parliament to amend any part of the Constitution including fundamental rights. 
  2.  Made it compulsory for the president to give his assent to a Constitutional Amendment Bill.

25th Constitutional Amendment Act (1971)

  1. Curtailed the fundamental right to property. 
  2. Provided that any law made to give effect to the Directive Principles contained in Article 39 (b) or (c) cannot be challenged on the ground of violation of the rights guaranteed by Articles 14, 19 and 31.

38th Constitutional Amendment Act (1975)

  1. Made the declaration of emergency by the president non-justiciable. 
  2. Made the promulgation of ordinances by the president, governors and administrators of union territories non-justiciable. 
  3. Empowered the president to declare different proclamations of national emergency on different grounds simultaneously.

42nd Constitutional Amendment Act (1976) 

(The most comprehensive amendment made so far to the Constitution; it is known as ‘MiniConstitution’; it gave effect to the recommendations of Swaran Singh Committee.)

  1. Added three new words (i.e., socialist, secular and integrity) in the Preamble. 
  2. Added Fundamental Duties by the citizens (new Part IV A). 
  3. Made the president bound by the advise of the cabinet. 
  4. Provided for administrative tribunals and tribunals for other matters (Added Part XIV A). 
  5. Froze the seats in the Lok Sabha and state legislative assemblies on the basis of 1971 census till 2001. 
  6. Made the constitutional amendments beyond judicial scrutiny. 
  7. Curtailed the power of judicial review and writ jurisdiction of the Supreme Court and high courts. 
  8. Raised the tenure of Lok Sabha and state legislative assemblies from 5 to 6 years. 
  9. Provided that the laws made for the implementation of Directive Principles cannot be declared invalid by the courts on the ground of violation of some Fundamental Rights. 
  10. Empowered the Parliament to make laws to deal with anti-national activities and such laws are to take precedence over Fundamental Rights. 
  11. Added three new Directive Principles viz., equal justice and free-legal aid, participation of workers in the management of industries and protection of environment, forests and wild life. 
  12. Facilitated the proclamation of national emergency in a part of territory of India.
  13. Extended the one-time duration of the President’s rule in a state from 6 months to one year. 
  14. Empowered the Centre to deploy its armed forces in any state to deal with a grave situation of law and order. 
  15. Shifted five subjects from the state list to the concurrent list, viz, education, forests, protection of wild animals and birds, weights and measures and administration of justice, constitution and organisation of all courts except the Supreme Court and the high courts.
  16. Did away with the requirement of quorum in the Parliament and the state legislatures. 
  17. Empowered the Parliament to decide from time to time the rights and privileges of its members and committees. 
  18. Provided for the creation of the All-India Judicial Service. 
  19. Shortened the procedure for disciplinary action by taking away the right of a civil servant to make representation at the second stage after the inquiry (i.e., on the penalty proposed).

44th Constitutional Amendment Act (1976)

(Enacted by the Janata Government mainly to nullify some of the other distortions introduced by the 42nd Amendment Act, 1976)

  1. Restored the original term of the Lok Sabha and the state legislative assemblies (i.e., 5 years)." 
  2. Restored the provisions with regard to quorum in the Parliament and state legislatures.
  3. Omitted the reference to the British House of Commons in the provisions pertaining to the parliamentary privileges. 
  4. Gave constitutional protection to publication in newspaper of true reports of the proceedings of the Parliament and the state legislatures. 
  5. Empowered the president to send back once the advice of cabinet for reconsideration. But, the reconsidered advice is to be binding on the president. 
  6. Deleted the provision which made the satisfaction of the president, governor and administrators final in issuing ordinances. 
  7. Restored some of the powers of the Supreme Court and high courts. 
  8. Replaced the term ‘internal disturbance’ by ‘armed rebellion’ in respect of national emergency. 
  9. Made the President to declare a national emergency only on the written recommendation of the cabinet. 
  10. Made certain procedural safeguards with respect to national emergency and President’s rule. 
  11. Deleted the right to property from the list of Fundamental Rights and made it only a legal right. 
  12. Provided that the fundamental rights guaranteed by Articles 20 and 21 cannot be suspended during a national emergency. 
  13. Omitted the provisions which took away the power of the court to decide the election disputes of the president, the vice-president, the prime minister and the Speaker of the Lok Sabha.

52nd Constitutional Amendment Act (1985)

Provided for disqualification of members of Parliament and state legislatures on the ground of defection and added a new Tenth Schedule containing the details in this regard.

61st Constitutional Amendment Act (1989)

Reduced the voting age from 21 years to 18 years for the Lok Sabha and state legislative assembly elections.

76th Constitutional Amendment Act (1994)

Included the Tamil Nadu Reservation Act of 1994 (which provides for 69 per cent reservation of seats in educational institutions and posts in state services) in the Ninth Schedule to protect it from judicial review. In 1992, the Supreme Court ruled that the total reservation should not exceed 50 per cent

80th Constitutional Amendment Act (2000)

Provided for an ‘alternative scheme of devolution’ of revenue between the Centre and states. This was enacted on the basis of the recommendations of the Tenth Finance Commission which has recommended that out of the total income obtained from Central taxes and duties, twenty-nine per cent should be distributed among the states.

85th Constitutional Amendment Act (2001)

Provided for ‘consequential seniority’ in the case of promotion by virtue of rule of reservation for the government servants belonging to the SCs and STs with retrospective effect from June 1995.

91st Constitutional Amendment Act (2003)

Made the following provisions to limit the size of Council of Ministers, to debar defectors from holding public offices, and to strengthen the anti-defection law: 

  1. The total number of ministers, including the Prime Minister, in the Central Council of Ministers shall not exceed 15% of the total strength of the Lok Sabha (Article 75(1A)). 
  2. A member of either house of Parliament belonging to any political party who is disqualified on the ground of defection shall also be disqualified to be appointed as a minister (Article 75(1B)). 
  3. The total number of ministers, including the Chief Minister, in the Council of Ministers in a state shall not exceed 15% of the total strength of the legislative Assembly of that state. But, the number of ministers, including the Chief Minister, in a state shall not be less than 12 (Article 164(1A)).
  4. A member of either House of a state legislature belonging to any political party who is disqualified on the ground of defection shall also be disqualified to be appointed as a minister (Article 164(1B)). 
  5. A member of either House of Parliament or either House of a State Legislature belonging to any political party who is disqualified on the ground of defection shall also be disqualified to hold any remunerative political post. The expression “remunerative political post” means (i) any office under the central government or a state government where the salary or remuneration for such office is paid out of the public revenue of the concerned government; or (ii) any office under a body, whether incorporated or not, which is wholly or partially owned by the central government or a state government and the salary or remuneration for such office is paid by such body, except where such salary or remuneration paid is compensatory in nature (Article 361-B). 
  6. The provision of the Tenth Schedule (anti-defection law) pertaining to exemption from disqualification in case of split by one-third members of legislature party has been deleted. It means that the defectors have no more protection on grounds of splits

 92nd Constitutional Amendment Act (2003)

Included four more languages in the Eighth Schedule. They are Bodo, Dogri (Dongri), Mathilli (Maithili) and Santhali. With this, the total number of constitutionally recognised languages increased to 22.

93rd Constitutional Amendment Act (2005)

Empowered the state to make special provisions for the socially and educationally backward classes or the Scheduled Castes or the Scheduled Tribes in educational institutions including private educational institutions (whether aided or unaided by the state), except the minority educational institutions (clause (5) in Article 15). This Amendment was enacted to nullify the Supreme Court judgement in the Inamdar case (2005) where the apex court ruled that the state cannot impose its reservation policy on minority and nonminority unaided private colleges, including professional colleges. The court declared that reservation in private, unaided educational institutions was unconstitutional.

97th Constitutional Amendment Act (2011)

Gave a constitutional status and protection to cooperative societies. In this context, it made the following three changes in the constitution: 

  1. It made the right to form co-operative societies a fundamental right (Article 19). 
  2. It included a new Directive Principle of State Policy on promotion of co-operative societies (Article 43-B). 
  3. It added a new Part IX-B in the constitution which is entitled as “The Co-operative societies” (Articles 243- ZH to 243-ZT).

103rd Constitutional Amendment Act (2019)

The One Hundred and Third Amendment of the Constitution of India, officially known as the Constitution (One Hundred and Third Amendment) Act, 2019, introduces 10% reservation for Economically Weaker Sections (EWS) of society for admission to Central Government-run educational institutions and private educational institutions (except for minority educational institutions), and for employment in Central Government jobs.[1] The Amendment does not make such reservations mandatory in State Government-run educational institutions or State Government jobs. However, some states have chosen to implement the 10% reservation for economically weaker sections