Amendment of the Constitution of India is the process of making changes to the nation's fundamental law or supreme law. The procedure of amendment in the constitution is laid down in Part XX (Article 368) of the Constitution of India. This procedure ensures the sanctity of the Constitution of India and keeps a check on arbitrary power of the Parliament of India. However, there is another limitation imposed on the amending power of the constitution of India.
There has been a conflict between the Supreme Court and Parliament, where Parliament wants to exercise discretionary use of power to amend the constitution while the Supreme Court wants to restrict that power. This has led to the laying down of various doctrines or rules in regard to checking the validity/legality of an amendment, the most famous among them is the "Basic structure doctrine" as laid down by the Supreme Court in the case of Kesavananda Bharati Vs. State of Kerala.
Procedure
The Constitution of India provides for a distinctive amending process when compared to the Constitutions of other nations. It can be described as partly flexible and partly rigid. The Constitution provides for a variety in the amending process. This feature has been commended by Australian academic Sir Kenneth Where who felt that uniformity in the amending process imposed "quite unnecessary restrictions" upon the amendment of parts of a Constitution. An amendment of the Constitution can be initiated only by the introduction of a Billin in either House of Parliament.
The Bill must then be passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting. There is no provision for a joint sitting in case of disagreement between the two Houses. The Bill, passed by the required majority, is then presented to the President who shall give his assent to the Bill. If the amendment seeks to make any change in any of the provisions mentioned in the proviso to Article 368, it must be ratified by the Legislatures of not less than one-half of the States. Although, there is no prescribed time limit for ratification, it must be completed before the amending Bill is presented to the President for his assent.
Every constitutional amendment is formulated as a statute. The first amendment is called the "Constitution (First Amendment) Act", the second, the "Constitution (Second Amendment) Act", and so forth. Each usually has the long title "An Act further to amend the Constitution of India".
Types of amendments
As of May 2013, there have been 98 amendments to the Constitution of India since it was first enacted in 1950. There are two types of amendments to the constitution which are governed by Article 368.
The first type includes amendments that can be effected by Parliament by a prescribed ‘special majority’; and the second type of amendments includes those that require, in addition to such "special majority", ratification by at least one half of the State Legislatures. The second type amendments made to the constitution are amendments 3, 6, 7, 8, 13, 14, 15, 16, 22, 23, 24, 25, 28, 30, 31, 32, 35, 36, 38, 39, 42, 43, 44, 45, 46, 51, 54, 61, 62, 70, 73, 74, 75, 79, 84, 88 and 95.
Amendments
1st amendment June 18, 1951
Objective: To fully secure the constitutional validity of Zamindari abolition laws. To place reasonable restriction on freedom of speech. A new constitutional device, called Schedule 9 introduced to protect laws that are contrary to the Constitutionally guaranteed fundamental rights. These laws encroach upon property rights, freedom of speech and equality before law.
2nd amendment May 1, 1953
Objective: A technical amendment to fix the size of each parliamentary constituency between 6,50,000 and 8,50,000 voters.
3rd amendment February 22, 1955
Objective: Limits maximum no. of seats in Lok Sabha up to 500 States to be divided into constituencies such that one member of a constituency represents between 5,00,000 and 75,00,00 people.
4th amendment April 27, 1955
Objective: Restrictions on property rights and inclusion of related bills in Schedule 9 of the constitution.
5th amendment December 24, 1955
Objective: Provides for a consultation mechanism with concerned states in matters relating to the amendments to the territorial matters and in the re-naming of the state.
6th amendment September 11, 1956
Objective: Amended the Union and State Lists with respect to raising of taxes.
7th amendment November 1, 1956
Objective: 1. Reorganization of states on linguistic lines.
2. Abolition of Class A, B, C, D states.
3. Introduction of Union Territories.
8th amendment January 5, 1960
Objective: 1. Clarify state's power of compulsory acquisition an requisitioning of private property.
2. Include Zamindari abolition laws in Schedule 9 of the constitution.
9th amendment December 28, 1960
Objective: Minor adjustments to territory of Indian Union consequent to agreement with Pakistan for settlement of disputes by demarcation of border villages, etc.
10th amendment August 11, 1961
Objective: Incorporation of Dadra, Nagar and Haveli as a Union Territory after acquisition from Portugal.
11th amendment December 19, 1961
Objective:Election of Vice President by Electoral College consisting of members of both Houses of Parliament, instead of election by a Joint Sitting of Parliament. Indemnify the President and Vice President Election procedure from challenge on grounds of existence of any vacancies in the electoral college.
12th amendment December 20, 1961
Objective:Incorporation of Goa, Daman and Diu as a Union Territory, after acquisition from Portugal.
13th amendment December 1, 1963
Objective: Formation of State of Nagaland, with special protection under Article 371A.
14th amendment December 28, 1962
Objective: Incorporation of Pondicherry into the Union of India.
Creation of Legislative Assemblies for Himachal Pradesh, Tripura, Manipur and Goa.
15th amendment October 5, 1963
Objective: Raise retirement age of judges from 60 to 62 Other minor amendments for rationalizing interpretation of rules regarding judges etc.
16th amendment October 5, 1963
Objective: Make it obligatory for seekers of public office to swear their allegiance to the Indian Republic and prescribe the various obligatory templates.
17th amendment June 20, 1964
Objective: To secure the constitutional validity of acquisition of Estates and place land acquisition laws in Schedule 9 of the constitution.
18th amendment August 27, 1966
Objective: Technical Amendment to include Union Territories in Article 3 and hence permit reorganisation of Union Territories.
19th amendment December 11, 1966
Objective: Abolish Election Tribunals and enable trial of election petitions by regular High Courts.
20th amendment December 22, 1966
Objective: Indemnify & validate judgments, decrees, orders and sentences passed by judges.
Validate the appointment, posting, promotion and transfer of judges except those not eligible for appointment under Article 233.
Amendment was needed to overcome the effect of judgement invalidating appointments of certain judges in the state of Uttar Pradesh.
21th amendment April 10, 1967
Objective: Included Sindhi as a National Language.
22nd amendment September 25, 1969
Objective: Provision to form Autonomous states within the State of Assam.
23rd amendment January 23, 1970
Objective: Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 1980.
24th amendment November 5, 1971
Objective: Enable parliament to dilute fundamental rights through amendments to the constitution.
25th amendment April 20, 1972
Objective: Restrict property rights and compensation in case the state takes over private property.
26th amendment December 28, 1971
Objective: Abolition of privy purse paid to former rulers of princely states which were incorporated into the Indian Republic.
27th amendment February 15, 1972
Objective: Reorganization of Mizoram into a Union Territory with a legislature and council of ministers.
28th amendment August 29, 1972
Objective: Rationalized Civil Service rules to make it uniform across those appointed prior to Independence and post independence.
29th amendment June 9, 1972
Objective: Places land reform acts and amendments to these act under Schedule 9 of the constitution.
30th amendment February 27, 1973
Objective: Changes the basis for appeals in Supreme Court of India in case of Civil Suits from value criteria to one involving substantial question of law.
31th amendment October 17, 1973
Objective: Increased size of Parliament from 525 to 545 seats.
Increased seats went to the new states formed in North East India and minor adjustment consequent to 1971 Delimitation exercise
32nd amendment July 1, 1974
Objective: Protection of regional rights in Telangana and Andhra regions of State of Andhra Pradesh.
33rd amendment May 19, 1974
Objective: Prescribes procedure for resignation by members of parliament and state legislatures. Prescribes procedure for verification and acceptance of resignation by house speaker.
34th amendment September 7, 1974
Objective: Place land reform acts and amendments to these act under Schedule 9 of the constitution.
35th amendment March 1, 1975
Objective: Terms and Conditions for the Incorporation of Sikkim into the Union of India.
36th amendment April 26, 1975
Objective: Formation of Sikkim as a State within the Indian Union.
37th amendment May 3, 1975
Objective: Formation of Arunachal Pradesh legislative assembly.
38th amendment August 1, 1975
Objective: Enhances the powers of President and Governors to pass ordinances.
39th amendment August 10, 1975
Objective: Negated the judgement of Allahabad High Court invalidating Prime Minister Indira Gandhi's election to parliament.
Amendment placed restrictions on judicial scrutiny of post of Prime Minister.
40th amendment May 27, 1976
Objective: Enable Parliament to make laws with respect to Exclusive Economic Zone and vest the mineral wealth with Union of India.
Place land reform & other acts and amendments to these act under Schedule 9 of the constitution.
41th amendment September 7, 1976
Objective: Raised Retirement Age Limit of Chairmen and Members of Union and State Public Commissions from sixty to sixty two.
42nd amendment April 1, 1977
Objective: Amendment passed during internal emergency by Indira Gandhi.
Provides for curtailment of fundamental rights, imposes fundamental duties and changes to the basic structure of the constitution by making India a "Socialist Secular" Republic.
43rd amendment April 13, 1978
Objective: Amendment passed after revocation of internal emergency in the Country. Repeals some of the more 'Anti-Freedom' amendments enacted through Amendment Bill 42.
44th amendment September 6, 1979
Objective: Amendment passed after revocation of internal emergency in the Country. Provides for human rights safeguards and mechanisms to prevent abuse of executive and legislative authority. Annuls some Amendments enacted in Amendment Bill 42.
45th amendment January 25, 1980
Objective: Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 1990.
46th amendment February 2, 1983
Objective: Amendment to negate judicial pronouncements on scope and applicability on Sales Tax.
47th amendment August 26, 1984
Objective: Place land reform acts and amendments to these act under Schedule 9 of the constitution.
48th amendment April 1, 1985
Objective: Article 356 amended to permit President's rule up to two years in the state of Punjab.
49th amendment September 11, 1984
Objective: Recognize Tripura as a Tribal State and enable the creation of a Tripura Tribal Areas Autonomous District Council.
50th amendment September 11, 1984
Objective: Technical Amendment to curtailment of Fundamental Rights as per Part III as prescribed in Article 33 to cover Security Personnel protecting property and communication infrastructure.
51th amendment June 16, 1986
Objective: Provide reservation to Scheduled Tribes in Nagaland, Meghalaya, Mizoram and Arunachal Pradesh Legislative Assemblies.
52nd amendment March 1, 1985
Objective: Anti Defection Law - Provide disqualification of members from parliament and assembly in case of defection from one party to other.
53rd amendment February 20, 1987
Objective: Special provision with respect to the State of Mizoram.
54th amendment April 1, 1986
Objective: Increase the salary of Chief Justice of India & other Judges.
Provisions for determining future increases without the need for constitutional amendment.
55th amendment February 20, 1987
Objective: Special powers to Governor consequent to formation of state of Arunachal Pradesh.
56th amendment May 30, 1987
Objective: Transition provision to enable formation of state of Goa.
57th amendment September 21, 1987
Objective: Provide reservation to Scheduled Tribes in Nagaland, Meghalaya, Mizoram and Arunachal Pradesh Legislative Assemblies.
58th amendment December 9, 1987
Objective: Provision to publish authentic Hindi translation of constitution.
59th amendment March 30, 1988
Objective: Article 356 amended to permit President's rule up to three years in the state of Punjab. Articles 352 and Article 359A amended to permit imposing emergency in state of Punjab or in specific districts of the state of Punjab.
60th amendment December 20, 1988
Objective: Professional Tax increased from a maximum of Rs. 250 to a maximum of Rs. 2500.
61th amendment March 28, 1989
Objective: Reduce age for voting rights from 21 to 18.
62nd amendment December 20, 1989
Objective: Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 2000.
63rd amendment January 6, 1990
Objective: Emergency powers applicable to State of Punjab, accorded in Article 359A as per amendment 59 repealed.
64th amendment April 16, 1990
Objective: Article 356 amended to permit President's rule up to three years and six months in the state of Punjab.
65th amendment March 12, 1992
Objective: National Commission for Scheduled Castes and Scheduled Tribes formed and its statutory powers specified in the Constitution.
66th amendment June 7, 1990
Objective: Place land reform acts and amendments to these act under Schedule 9 of the constitution.
67th amendment October 4, 1990
Objective: Article 356 amended to permit President's rule up to four years in the state of Punjab.
68th amendment March 12, 1991
Objective: Article 356 amended to permit President's rule up to five years in the state of Punjab.
69th amendment February 1, 1992
Objective: To provide for a legislative assembly and council of ministers for Federal National Capital of Delhi. Delhi continues to be a Union Territory.
70th amendment December 21, 1991
Objective: Include National Capital of Delhi and Union Territory of Pondicherry in electoral college for Presidential Election.
71th amendment August 31, 1992
Objective: Include Konkani, Manipuri and Nepali as National Languages.
72nd amendment December 5, 1992
Objective: Provide reservation to Scheduled Tribes in Tripura State Legislative Assembly.
73rd amendment April 24, 1993
Objective:Statutory provisions for Panchayat Raj as third level of administration in villages.
74th amendment June 1, 1993
Objective: Statutory provisions for Local Administrative bodies as third level of administration in urban areas such as towns and cities.
75th amendment May 15, 1994
Objective: Provisions for setting up Rent Control Tribunals.
76th amendment August 31, 1994
Objective: Enable continuance of 69% reservation in Tamil Nadu by including the relevant Tamil Nadu Act under 9th Schedule of the constitution.
77th amendment June 17, 1995
Objective: A technical amendment to protect reservation to SC/ST Employees in promotions.
78th amendment August 30, 1995
Objective: Place land reform acts and amendments to these act under Schedule 9 of the constitution.
79th amendment January 25, 2000
Objective: Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 2010.
80th amendment June 9, 2000
Objective: Implement Tenth Finance Commission recommendation to simplify the tax structures by pooling and sharing all taxes between States and the Centre.
81th amendment June 9, 2000
Objective: Protect SC / ST reservation in filling backlog of vacancies.
82nd amendment September 8, 2000
Objective: Permit relaxation of qualifying marks and other criteria in reservation in promotion for SC / ST candidates.
83rd amendment September 8, 2000
Objective: Exempt Arunachal Pradesh from reservation for Scheduled Castes in Panchayati Raj institutions.
84th amendment February 21, 2002
Objective: Extend the usage of 1971 national census population figures for state wise distribution of parliamentary seats.
85th amendment January 4, 2002
Objective:A technical amendment to protect seniority in case of promotions of SC/ST Employees.
86th amendment December 12, 2002
Objective: Provides Right to Education until the age of fourteen and Early childhood care until the age of six.
87th amendment June 22, 2003
Objective:Extend the usage of 1971 national census population figures for state wise distribution of parliamentary seats.
88th amendment January 15, 2004
Objective: To extend statutory cover for levy and utilization of Service Tax.
89th amendment September 28, 2003
Objective: The National Commission for Scheduled Castes and Scheduled Tribes was bifurcated into The National Commission for Scheduled Castes and The National Commission for Scheduled Tribes.
90th amendment September 28, 2003
Objective: Reservation in Assam Assembly relating to Bodoland Territory Area.
91th amendment January 1, 2004
Objective: Restrict the size of council of ministers to 15 % of legislative members & to strengthen Anti Defection laws.
92nd amendment January 7, 2004
Objective: Enable Levy of Service Tax
Include Bodo, Dogri, Santali and Maithili as National Languages.
93rd amendment January 20, 2006
Objective: To enable provision of reservation for Other Backward Classes (O.B.C.) in government as well as private educational institutions.
94th amendment June 12, 2006
Objective: To provide for a Minister of Tribal Welfare in newly created Jharkhand and Chhattisgarh States.
95th amendment 25 January 2010
Objective: Extended the reservation of seats in Lok Sabha and State Assemblies for SC and ST from sixty to seventy years.
96th amendment 23 September 2011
Objective: Substituted "Odia" for "Oriya".
97th amendment 12 January 2012
Objective:Added the words "or co-operative societies" in Article 19(1)(c) and inserted Article 43B i.e, Promotion of Co-operative Societies and added Part-IXB i.e, the Co-Operative Societies
The Constitution (120th Amendment) Bill, 2013
The Constitution (One Hundred and Twentieth Amendment) Bill, 2013 was introduced in the Rajya Sabha on August 24, 2013 by the Minister of Law and Justice, Mr. Kapil Sibal.
Pursuant to a review of constitutional provisions providing for the appointment and transfer of Judges, and relevant Supreme Court decisions on the matter, the need for a broad based Judicial Appointment Commission, for making recommendations for selection of judges was felt.
The Bill seeks to enable equal participation of Judiciary and Executive, make the appointment process more accountable and ensure greater transparency and objectivity in the appointments to the higher judiciary.
The Bill proposes to insert a new Article 124A, and amend Article 124(2) (a).
The proposed Article 124 A contains two clauses; Clause (1) provides for a Commission, to be known as the Judicial Appointments Commission.
Article 124A(2) enables Parliament to make a law that provides the manner of selection for appointment as Chief justice of India and other Judges of the Supreme Court, Chief justices and other judges of the High Courts.
Furthermore, Article 124A (2) enables that law to lay down the following features of the Commission: (i) the composition, (ii) the appointment, qualifications, conditions of service and tenure of the Chairperson and Members, (iii) the functions, (iv) procedure to be followed, (v) other necessary matters.
Consequently, the Bill amends Article 124 (2) (a) of the Constitution, providing for appointment of Judges to the higher judiciary, by the President, after consultation with Judges of the Supreme Court and High Courts in the states.
