1.    Article 368 in Part-XX (20):-

Ø Powers of Parliament

Ø Parliament cannot amend those provisions which form the “basic structure” of the Constitution.

Ø Keshavananda Bharati case (1973)




METHODS OF AMENDMENTS IN CONSTITUTION

Methods-1.        

v Simple Majority:- Citizenship can abolishing or creating second chambers in the stat; provisions relating to Scheduled Caste and Scheduled Tribes, etc.



Method-2.

v  Conditions:-  a)  Both the houses must pass the proposed by a majority of the total membership.

b) By a 2/3 majority of the members present and voting.

                                             c) After this, the amendment bill must also be certified by not less than half of state. Legislatives (By Simple Majority)

v Election of President and Vice- President, executive powers of union and State.

v Legislative powers between Centre and State.

v Matter relating to Supreme Court and High Court.

v Representation of States in parliament.

v Amendment of Article 368 itself, etc.



 

Method-3.

v Consists of first two conditions of the second method.

v There is no need of ratification by the state.

v Fundamental Rights, Directive Principles of State Policy and all other provisions which are not covered by the first and second categories.

Note

1)   After duly passed by both the Houses of Parliament and ratified by the state Legislatures where necessary, the bill is presented to the President for assent.

2)   The President must give his assent to the bill (24th Amendment act, 1971).

3)   He cans neither with hold his assent to the bill nor return the bill for reconsideration of the parliament.



4)   After the president is assent the bill becomes on Act and the Constitution stands amended.




LIST OF IMPORTANT AMENDMENTS

    1)    1st Am 1951:- added Ninth Schedule.

   2)    7th Am 1956:- Necessitated on account if reorganization of States on a linguistic basic.

    3)    8th Am. 1959:- a.          Extended special provisions for reservations of seats of SCs, STs and Anglo Indians. In Lok Sabha and Legislative.

b.     Assemblies for a period of 10 years from 1960 to 1970.

    4)    9th Am. 1960:- Gave effect to transfer certain territories to Pakistan following the 1985 Indo-Park Agreement.




    5)    10th Am. 1961:- Incorporated Dadra & Nagar Haveli as a UT.

    6)    12th Am. 1962:- Incorporated Goa, Daman & Diu as a UT.

    7)    13th Am. 1962:- Created Nagaland as a State.

    8)    14th Am. 1963:- Pondicherry, Karaikal, Mahe and Yanam, the former French territories were included in the. I schedule as UT of Pondicherry.

    9)    15th Am. 1963:- Retirement age of a High Court Judge increased from 60 to 62.



    10) 18th Am. 1966:- Reorganized Punjab in to Punjab, Hariyana and UT of Chandigarh.

    11)  21th Am. 1967:- Included Sindhi as the fifteenth. Regional Language.

    12)                      22nd Am. 1967:- Reservation of seat for SC/ST and nomination of Anglo- Indians for a Further period of 10 years(till 1980)

    13)                      26th Am. 1971:- Abolished the titles and special privileges of former rules it Princely States.

    14)                      27th Am. 1971:- Established Manipur and Tripura as States and Mizoram and Arunachal Pradesh as UTs.

    15)                      31th AM. 1973:- Increased the elective strength of LS from 525 to 545. The upper limit of representatives of States went up from 500 to 525.

    16)                      36th Am. 1975:- Made Sikkim a State and ended its States of a protectorate Kingdom.




    17)                      38th AM. 1975:- Provided that the President can make a declaration of emergency. And the promulgation of ordinances by the President, governors and the administrative Heads of UTs would be final and would not be challenged in any court. It also authorized the President to declare different kinds of emergencies.

    18)                      39th Am. 1975:- Place beyond challenge in courts, the election to Parliament of a Person holding the office of PM or Speaker and election of the President Prime Minister.

    19)                      42nd Am.1976:- Made fundamental changes in the constitutional. Structure also called “Mini Constitution” it provided Supremacy of Parliament and gave primary to Directive Principles over. Fundamental Rights.

a.     It also added 10 fundamental Duties. New words- Socialist, Secular and Integrity of the Nation, were added in the Preamble.

b.    It also made it obligatory for the President to act on the advice of the Council of ministers.




    20)                      44th Am. 1978:-  To remove some of the orients of the 42nd Amendment, It made changes in the Emergency provisions to ensure that these powers are not misused by the Executive in feature, It restored to the Courts the power to decide. Whatever an office was an “Office of Profit” or not (A power they were deprived by the 42nd Amendment.

a.     It provided constitutional protection to publication of proceedings. Of Parliament and State legislatives.

b.    It authorized the President to refer. Back a matter to the council of Ministers for re consideration but it made binding on him to act on the advice tendered after such reconsideration.

c.     Right to Property from the list of Fundamental Rights and made it an ordinary right.

d.    Restored to the Courts the power to decide disputes regarding elections of Prime Minister and Speaker.

e.     Article 352 was amended to provide “Armed Rebellion” as one of the circumstances for declaration of emergency.

    21)                      45th Am.1985:- Extended reservation for SC/ST by another 10 years (till 1990)

    22)                      52nd Am. 1985:- Added the Tenth Schedule (regarding anti-defection)

    23)                      53rd Am. 1986:- Mizoram was made a State.




    24)                      55th Am. 1986:- Conferred statehood to Arunachal Pradesh.

    25)                      56th Am.1987:- Hindi Version of the Constitution of India was accepted for APL purposes.

a.     The UT of Goa, Daman and Diu was divided and Goa was made a state Damn and Diu remained as a UT.

    26)                      58th Am.1987:- Provided for an authoritative text of the Constitution in Hindi and asserted that the translation of this constitution shall have the same meaning as the original Constitution thereof.

    27)                      61st Am.1989:- Reduced the voting age from 21 to 18 years for the LS as well as Assemblies.

    28)                      62nd Am. 1989:- Also extended reservation of seat for SC/ST till 2000 AD.

    29)                      61st Am. 1990:- Accorded statutory status to the Commission for Scheduled Casts and Schedule Tribes and designated it as the National Commission for the Scheduled Casts and Schedule Tribes.

a.     The Commission is to consist of a Chairperson, Vice Chairperson and five other members appointed by the President.

    30)                      70th Am 1992:- Included members of the Legislative Assemblies of Delhi and Pondicherry in the Electoral College for the Presidential Elections.

    31)                      71st Am 1992:- Konkani, Manipuri and Nepali were included in the VIII Schedule.





    32)                      73rd Am 1992:- (Panchayati Raj Bill) Provide among other things Gram Sabha in Villages, constitution of panchayats at the village and other levels, direct elections to all seats in panchayats and reservation of seats for the SC and ST and fixing if tenure of 5 years for panchayats.

    33)                      74th Am 1992:- (Nagarpalika Bill) provides for among other things, constitution of three types of municipalities, reservation of seats in every municipality for the SC and ST, women and the backward classes.

    34)                      82nd Am 2000:- Reinstalled the provision of reservation of SC and STs in matters related to promotion. Beside, the qualifying marks for passing an examination for them have also been lowered.

    35)                      84th Am 2001:- Extended freeze on Lok Sabha and State Assembly seats till 2026.



    36)                      86th An 2002:- Made education a fundamental right for children in the age group of 6-14 years.

    37)                      87th Am 2003:- Made the 2001 census the basis for delimitation of constituencies of the Lok Sabha and Vidhan Sabhas.    

    38)                      91st Am 2003:- Amended the Anti-Defection Law and also made a provision that the number of minister in the Central & State Govts. Cannot be more than 15% of the strength of Lok Sabha & respected Vidhan Sabha.

    39)                      92nd Am 2003:- Bodo, Maithili, Santhali and Dogri added into the VIII Schedule.

    40)                      93rd Am 2005:- To reserve seats for socially and educationally backward classes, beside the Schedule Casts and the Schedule Tribes, in private unaided institutions other than those run by minorities.

    41)                      94th Am 2006:- To provide for a Minister of Tribal Welfare in newly created Jharkhand and Chhatisgarh.

    42)                      95th Am.2021:- to extended the reservation of seats for SC and ST in the Lok Sabha and State assemblies from Sixty years to Seventy Years and the representation of Anglo-Indian  Community by nomination till 25th January 2020.

    43)                      96th AM.2011:- Substituted “Odia” for “Oriya” in the 8th Schedule of the Constitution.

    44)                      97th Am.2012:- Added the words “Or Co-operative Societies” after the word “or unions” in Article 19(1)(i) and insertion of Article 43 B

a.     That is Promotion of Co-Operative Societies and added          Part-1XB that is the Co-Operative Societies. The objective was to encourage economic actives of cooperation, which in turn help progress of rural India.

    45)                      99th Am.2014:- National Judicial appointments Commission. It was replaced buy the Supreme Court in 2015.



    46)                      100th Am.2015:- The land Boundary Agreement (LBA). That is swapping of territories between India and Bangladesh.    

    47)                      101st Am.2016:- Goods and Services Tax (GST).

    48)                      202nd Am.2018:- National Commission for Bushier Classes (NCBC).

    49)                      103rd Am.2019:- 10% reservation for the economically weaker sections from the upper costs in Central Governments Jobs as well as government Education institutions. It is also applicable in admissions to privet higher education institutions.

a.     Articles amended are Article 15(6) & Article 16(6).

    50)                      104th Am.2020:- Reservation of seats for SCs and STs in the Lok Sabha and state assemblies from Seventy years to Eighty years.



a.     Removed the Anglo Indian Community in the Lok Sabha and State Assemblies.

 

 

 

 

 

 

 

Thanks all of you