Constitutional Amendments are mentioned in Part XX of the Constitution and Article 368 deals with Constitutional Amendments. A proposed amendment begins in Parliament, where it is presented as a bill in any of the houses of Parliament. It must then be approved by each House of Parliament. CONSTITUTIONAL AMENDMENTS
In each chamber, a majority of the total members of the House and a majority of not less than two-thirds of the members present and voting in each House of Parliament are required to amend the Constitution. Some amendments must also be ratified by the legislatures of at least half the states. CONSTITUTIONAL AMENDMENTS Once all other stages have been completed, an amendment must receive the consent of the President of India. Also in the case of the draft Constitutional Amendment Law, the joint session of both chambers is not foreseen.
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TYPES OF AMENDMENTS
Article 368 provides for two types of amendments, that is, by a special majority of Parliament and also by ratification of half of the states by simple majority. But, some other articles provide for the amendment of certain provisions of the Constitution by a simple majority of Parliament CONSTITUTIONAL AMENDMENTS, that is, a majority of the members of each House present and voting (similar to the ordinary legislative process). In particular, these amendments are not considered amendments to the Constitution for Article 368. Therefore, the Constitution may be amended in three ways:
(a) Amendment by a simple majority of Parliament
(b) Amendment by a special majority of the Parliament.
(c) Amendment by a special majority of Parliament and the ratification of half of the state legislatures. By a simple majority of Parliament, several provisions of the Constitution may be amended by the simple majority of the two Houses of Parliament outside Article 368.
These provisions include:
1. Admission or establishment of new states.
2. Formation of new states and alteration of areas, boundaries or names of existing states.
3. Abolition or creation of legislative councils in the states.
4. Second Program: emoluments, allowances, privileges, etc. of the president, the governors, the Spokesmen, the judges, etc.
5. Quorum in Parliament.
6. Salaries and benefits of members of Parliament.
7. Internal regulations of Parliament.
8. Privileges of Parliament, its members and its committees.
9. Use of the English language in Parliament.
10. Number of judges puisne in the Supreme Court.
11. Granting greater jurisdiction to the Supreme Court.
12. Use of official language.
13. Citizenship: acquisition and termination.
14. Elections to Parliament and state legislatures.
15. Delimitation of constituencies.
16. Territories of the Union.
17. Fifth Program: administration of programmed areas and programmed tribes.
18. Sixth Program: administration of tribal areas. By a special majority of Parliament Most of the provisions of the Constitution must be amended, that is, a majority (that is, more than 50 per cent) of the total members of each House and a majority.
two-thirds of the members of each House present and voting. The expression “total membership” means the total number of members that make up the Chamber, regardless of whether there are vacancies or absent. “ Strictly speaking, the special majority is required only to vote in the third stage of reading the bill, but as a precaution, the requirement of the special majority has been foreseen in the regulations of the Houses with respect to all the effective stages of the law. bill’.
The provisions that can be modified in this way include:
(i) Fundamental rights.
(ii) Guiding principles of State policy.
(iii) All other provisions that are not covered by the first and third categories. By the special majority of Parliament and consent of the States, The provisions of the Constitution related to the federal structure of politics can be amended by a special majority of Parliament and with the consent of half of the state legislatures by a simple majority. If one or some or all of the remaining states take no action on the bill, it doesn’t matter; the moment half of the states give their consent, the formality is complete. There is no time limit within which states must consent to the bill.
The following provisions can be modified in this way:
1. Election of the President and the form of him.
2. Scope of the executive power of the Union and the states.
3. Supreme Court and superior courts.
4. Distribution of legislative powers between the Union and the states.
5. Any of the Seventh Program lists.
6. Representation of states in Parliament.
7. Power of Parliament to modify the Constitution and its procedure (Article 368 itself).
Major Constitutional Amendments
1st Amendment Act of 1951 To fully ensure the constitutional validity of the abolition laws of the zamindari. A new constitutional device, called Annex 9, was introduced to protect laws that are contrary to the fundamental rights guaranteed constitutionally. These laws invade property rights, freedom of expression, and equality before the law.
2nd Amendment Act of 1953 The amendment was made to set the size of each electoral district between 650,000 and 850,000 voters.
7th Amendment Law 1956 1956 Reorganization of the states according to linguistic lines Introduction of the Union territories
8th Amendment Law of 1960 Extended seat reservations for SC, ST and Anglo Indians in the Lok Sabha and State Legislative Assemblies for 10 years (1960-1970)
10th Amendment Law of 1961 Incorporation of Dadra, Nagar and Haveli as Territory of the Union after the acquisition of Portugal Law
11th amendment of 1961 Election of the vice-president by the electoral college composed of members of both Houses of Parliament, instead of the election by a joint session of Parliament.
12th Amendment Law of 1961 Incorporation of Goa, Daman and Diu as Union Territory, after the acquisition of Portugal
13th Amendment Law of 1963 Formation of the Nagaland State, with special protection under Article 371A
14th Amendment Law of 1962 Incorporation of Pondicherry into the Union of India Creation of Legislative Assemblies of Himachal Pradesh, Tripura, Manipur and Goa
18th Amendment of the Law 1966 Technical amendment to include the Union Territories in Article 3 and therefore allow the reorganization of the Union Territories
21st Amendment to the 1967 Act Included Sindhi as the 15th regional language of India
22nd Amendment to the 1969 Act Provision for the form Autonomous States within the state of Assam
23rd amendment 1970 Extend the reservation for SC / ST and the nomination of Anglo-Saxon members in parliament and state assemblies for another ten years, that is, until 1980
26th Amendment Act 1971 Abolition of the fo Private funds paid to former rulers of princely states who were incorporated into the Republic of India
27th Amendment Act 1972 Reorganization of Mizoram into a union territory with a legislature and a council of ministers
31st Amendment Act 1973 Increased the size of Lok Sabha from 525 to 545 seats. The increase in seats went to the newly formed states in Northeast India and a minor adjustment as a result of the 1971 delimitation exercise
Amendment Act 36 of 1975 Constitution of Sikkim as a State within the Indian Union
Amendment Act 41 of 1976 Increased the retirement age limit of the presidents and members of the State and Union public commissions from sixty to sixty-two.
42nd Amendment Act of 1976 Amendment passed during an internal emergency by Indira Gandhi. Three words were added in the Preamble of the Constitution of India, that is, Socialist, Secular and Integrity. Since the Preamble to the Constitution was amended, it is also known as the Mini Constitution. 10 fundamental duties were added to the Constitution after the recommendations of Swarn Singh’s Committee.
44 Amendment to the 1978 Law The Right to Property was eliminated since the Fundamental Right was made by adding the Armed Rebellion by Legal Law as the cause of the National Emergency Under Article 352
45th Amendment Law of 1980 Expand the reservation for SC / ST and nomination of Anglo-Saxon members in Parliament and State Assemblies for another ten years, i.e. until 1990
Amendment Act 51 of 1984 Provide reservation to the registered tribes in Nagaland, Meghalaya, Mizoram and Arunachal Pradesh
Amendment Act 57 of Lok Sabha 1987 Provide reservation to registered tribes in Nagaland, Meghalaya, Mizoram and Arunachal Pradesh in the State Legislative Assemblies
58th Amendment Act 1987 Provision to publish authentic Hindi translation of the constitution Provision to publish authentic Hindi translation of future amendments
61st Amendment Act of 1989 Lower the age for voting rights from 21 to 18 Act of 62nd Amendment of 198 9 Extend the reserve for SC / ST and the nomination of Anglo-Saxon members in Parliament and State Assemblies for another ten years, that is, until 2000
65th Amendment Law of 1990 The National Commission of Registered Castes and Tribes was formed and its statutory powers are specified in the Constitution.
71st Amendment Law of 1992 Included Nepali, Manipuri and Konkani in Annex VIII of the Constitution and total languages increased to 18
Amendment Law 73 of 1993 Constitutional status was granted to Panchayat Raj as third level of administration in villages
Amendment 74 of 1993 Constitutional status was granted to local administrative bodies as the third level of administration in urban areas such as towns and cities
77th Amendment Act of 1995 A technical amendment to protect the reserve to SC / ST Employees in promotions
79th Amendment Act of 2000 Expand the reserve for SC / ST and nomination of Anglo-Saxon members in Parliament and State Assemblies for another ten years, that is, until 2010
86th Amendment Act of 2002 Provides the right to education up to fourteen years and the care of early childhood up to six years Article 21 (A) 11th fundamental duty was added which says that it is the duty of all parents to send their children from the group age 6-14 to school
92nd Amendment Act 2003 Include Bodo, Dogri, Santali and Maithili in the VIII Program of the Constitution and the total language increased to 22
93rd Amendment Law of 2006 To allow the provision of the reserve for other backward classes (OBC) in government and private educational institutions
96th Amendment Law of 2011 Orissa was renamed Odisha
101st Amendment Law 2016 GST added like the new tax in India
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