#302: Amendment Acts Summarized
Revise from compilation
Summarized notes for all major Constitutional Amendment Acts
1st Amendment (1951)
• Land Reforms Protected: Added Articles 31A and 31B to protect land reforms from judicial scrutiny.
• Reasonable Restrictions on Free Speech: Amended Article 19(2) to restrict freedom of speech in cases of public order or morality.
• Introduction of Ninth Schedule: Shielded specific laws from judicial review to safeguard socio- economic reforms.
7th Amendment (1956)
• Reorganization of States: Merged states and reorganized them based on linguistic lines.
• New Union Territories: Created union territories such as Delhi, Chandigarh, and Andaman & Nicobar Islands.
• Significance: Streamlined governance and reduced administrative inefficiencies.
21st Amendment (1967)
• Sindhi Language Added: Included Sindhi in the Eighth Schedule of the Constitution.
• Promotion of Cultural Identity: Recognized Sindhi speakers and promoted linguistic diversity.
• Significance: Ensured representation of Sindhi language in national governance and policies.
24th Amendment (1971)
• Strengthened Amendment Powers: Explicitly affirmed Parliament's power to amend any part of the Constitution, including Fundamental Rights.
• Response to Golaknath Case (1967): Reversed the Supreme Court's ruling that Fundamental Rights were beyond amendment.
• New Article 368: Inserted a new clause stating that amendments cannot be questioned in court.
• Significance: Reaffirmed Parliament's supremacy in constitutional matters and clarified the scope of its powers.
31st Amendment (1973)
• Increased Lok Sabha Seats: Raised the number of Lok Sabha seats from 525 to 545 to accommodate population growth.
• Proportional Representation: Ensured that states with larger populations had adequate representation.
• Balance of Regional Power: Strengthened equitable representation across diverse regions.
• Significance: Addressed the growing need for a representative democracy reflecting India's population dynamics.
39th Amendment (1975)
• Judicial Immunity for Elections: Placed the election of the President, Vice President, Prime Minister, and Speaker beyond judicial review.
• Amendment to Article 71: Made election disputes the exclusive domain of Parliament.
• Passed During Emergency: Enacted to protect Prime Minister Indira Gandhi's position after a legal challenge to her election.
• Significance: Criticized for undermining judicial independence; later revoked by the 44th Amendment.
41st Amendment Act (1976)
• Objective: Extended the retirement age of the Chairperson and Members of State Public Service Commissions from 60 to 62 years.
• Constitutional Provision: Amended Article 316 of the Constitution to extend the retirement age limit.
• Key Change: Ensured continuity and stability in the functioning of State Public Service Commissions by providing experienced leadership.
• Significance: Strengthened the recruitment process for state civil services by retaining experienced members for longer terms.
42nd Amendment (1976)
• Socialist and Secular Added: Inserted 'Socialist' and 'Secular' into the Preamble to define the Indian state.
• Expansion of Directive Principles: Made Directive Principles of State Policy more enforceable by prioritizing socio-economic justice.
• Curb on Judiciary Powers: Restricted judicial review powers to prevent challenges to parliamentary laws.
• Significance: Dubbed the 'Mini-Constitution,' it redefined the balance of power in favor of the legislature.
44th Amendment (1978)
• Revoked Emergency Provisions: Removed the ability to suspend Fundamental Rights like life and liberty during an Emergency.
• Restored Balance of Power: Strengthened checks on Executive power by reinstating judicial review.
• Reduced Presidential Authority: Made the declaration of Emergency contingent on written Cabinet advice.
• Significance: Safeguarded democratic values post-Emergency and restored citizens' rights.
52nd Amendment (1985)
• Anti-Defection Law: Added the Tenth Schedule to prevent political defections among elected representatives.
• Disqualification Criteria: Members could be disqualified for voluntarily giving up party membership or voting against the party line.
• Speaker's Authority: Empowered the Speaker or Chairperson of the legislature to decide on disqualification cases.
• Significance: Aimed at ensuring political stability and reducing unethical practices in Indian democracy.
61st Amendment (1989)
• Voting Age Reduced: Lowered the minimum voting age for Lok Sabha and state assembly elections from 21 to 18 years.
• Empowering Youth: Recognized the growing importance of youth in shaping India's democratic processes.
• Increased Electoral Participation: Expanded the voter base, making democracy more inclusive.
• Significance: Strengthened democratic engagement and gave younger citizens a voice in governance.
69th Amendment (1991)
• Delhi Becomes a Union Territory with a Legislative Assembly
• Legislative Powers: Allowed the Delhi Assembly to make laws on all matters except land, police, and public order.
• Lieutenant Governor's Role: Introduced the role of the Lieutenant Governor as the administrative head of Delhi.
• Significance: Balanced local governance with central oversight in the national capital.
71st Amendment (1992)
• Languages to Eighth Schedule: Included Konkani, Manipuri, and Nepali as official languages.
• Promotion of Linguistic Diversity: Recognized and preserved the cultural heritage of these linguistic communities.
• Strengthened Regional Identity: Enhanced representation and development of linguistic minorities.
• Significance: Promoted inclusivity in governance by accommodating diverse linguistic groups.
73rd Amendment (1992)
• Panchayati Raj System: Constitutionalized Panchayati Raj institutions, empowering rural local governance.
• Three-Tier Structure: Established Village, Intermediate, and District Panchayats as governance levels.
• Mandatory Reservations: Reserved seats for Scheduled Castes, Scheduled Tribes, and women in Panchayati Raj institutions.
• Significance: Strengthened grassroots democracy and decentralized governance.
74th Amendment (1992)
• Urban Local Governance: Constitutionalized municipalities, creating a structured framework for urban administration.
• Mandatory Elections: Mandated regular elections and empowered municipalities with taxation and planning authority.
• Three Types of Municipalities: Introduced Nagar Panchayats, Municipal Councils, and Municipal Corporations.
• Significance: Strengthened urban governance, ensuring efficient and participatory decision-making.
86th Amendment (2002)
• Right to Education: Inserted Article 21A, making elementary education a Fundamental Right for children aged 6 to 14.
• Duties for Parents: Amended Article 51A to make parents responsible for providing education to children.
• Free and Compulsory Education: Mandated the state to provide free education at the elementary level.
• Significance: A landmark step in ensuring access to education and promoting socio-economic equality.
92nd Amendment (2003)
• Languages Added to Eighth Schedule: Included Bodo, Dogri, Maithili, and Santhali as official languages.
• Recognition of Cultural Diversity: Promoted inclusivity and representation of linguistic communities.
• Strengthened Regional Identity: Ensured the preservation and development of these languages.
• Significance: Enhanced the cultural and linguistic fabric of India.
97th Amendment (2011)
• Promotion of Cooperative Societies: Added Article 438 to promote voluntary formation and democratic management of cooperatives.
• Strengthened Cooperative Movement: Recognized cooperatives as a tool for socio-economic development.
• Right to Form Cooperatives: Inserted provisions in Part IXB, granting citizens the right to form cooperatives.
• Significance: Empowered grassroots organizations, fostering economic participation and inclusivity.
100th Amendment (2015)
• India-Bangladesh Land Agreement: Facilitated Land Exchange of 111 Indian enclaves in Bangladesh and 51 Bangladeshi enclaves in India.
• Resolved Border Disputes: Formalized borders between India and Bangladesh, ending a decades-old issue.
• Citizenship for Enclave Residents: Granted Indian or Bangladeshi citizenship to affected residents.
• Significance: Strengthened bilateral ties and ensured legal clarity on border demarcations.
101st Amendment (2016)
• Introduction of GST: Implemented Goods and Services Tax (GST), creating a unified indirect tax system in India.
• Concurrent Jurisdiction: Empowered both Parliament and State Legislatures to legislate on GST.
• GST Council: Established a GST Council to decide tax rates, exemptions, and other policies.
• Significance: Simplified the tax structure and enhanced ease of doing business in India.
102nd Amendment (2018)
• National Commission for Backward Classes (NCBC): Granted constitutional status to NCBC under Article 338B.
• NCBC Functions: Empowered to address grievances and advise on policies for backward classes.
• OBC Lists Centralized: Centralized the authority to notify OBC lists with the President.
• Significance: Strengthened institutional support for social justice and inclusion.
103rd Amendment (2019)
• 10% Reservation for EWS: Provided 10% reservation in education and public employment for Economically Weaker Sections (EWS)
• Eligibility Criteria: Defined EWS based on annual family income and other economic indicators.
• Articles Amended: Inserted Articles 15(6) and 16(6) to implement EWS reservations.
104th Amendment (2020)
• Significance: Expanded the scope of affirmative action beyond caste, focusing on economic inequality.
• Extension of SC/ST Reservation: Extended the reservation of seats for Scheduled Castes and Scheduled Tribes in Lok Sabha and State Assemblies for another 10 years.
• Discontinuation of Anglo-Indian Reservation: Ended the reservation of two nominated seats for Anglo-Indians in Lok Sabha.
• Impact on Representation: Ensured continued political representation for SC/ST communities while phasing out Anglo-Indian representation.
• Significance: Reaffirmed the commitment to social justice and equity in political representation.
105th Amendment (2021)
• Restored States' Authority: Empowered states to identify and notify Other Backward Classes (OBCs).
• Amended Articles 342A, 3388, and 366 to clarify the role of states in OBC classification.
• Reaffirmed Federal Structure: Acknowledged the importance of state-level decision- making in social justice policies.
• Significance: Strengthened the principle of cooperative federalism and ensured decentralized governance.
106th Amendment (2023)
• Women's Reservation Act: One-Third Seat Reservation
• Reserves one-third of seats in Lok Sabha, state legislative assemblies, and Delhi Legislative Assembly for women.
• Rotation of Reserved Seats: Parliament to decide rotation after each delimitation process, includes SC/ST reserved seats.
• Reservation Tenure: Effective for 15 years, with possible extensions by Parliament.
• Significance: Aims to enhance women's representation and participation in legislative processes.