Table of Contents
- 1 Important amendments in Indian constitution
- 2 Procedure for Amendment as Laid Down in Article 368 Part XX
- 3 Types of Majority
- 4 Simple Majority
- 5 Absolute Majority
- 6 Effective Majority
- 7 Special Majority
- 8 Examples of Majorities in the Constitution
- 9 Amendability of Fundamental Rights
- 10 Important Amendments of Indian Constitution
- 11 First Amendment Act, 1951
- 12 1955’s Fourth Amendment Act
- 13 1956’s Seventh Amendment Act
- 14 1960’s Ninth Amendment Act
- 15 1961’s Tenth Amendment Act
- 16 1961’s Eleventh Amendment Act
- 17 Twelfth Amendment Act of 1962
- 18 13th Amendment Act of 1962
- 19 Fourteenth Amendment Act, 1962
- 20 Seventeenth Amendment Act, 1964
- 21 Eighteenth Amendment Act, 1966
- 22 1967’s Twenty-First Amendment Act
- 23 1971’s Twenty-Fourth Amendment Act
- 24 The 25th Amendment Act was passed in 1971.
- 25 The 26th Amendment Act was passed in 1971.
- 26 The 31st Amendment Act was passed in 1973.
- 27 1974’s Thirty-third Amendment Act
- 28 The 35th Amendment Act was passed in 1974.
- 29 The 36th Amendment Act was passed in 1975.
- 30 The 38th Amendment Act was passed in 1975.
- 31 The 39th Amendment Act was passed in 1975.
- 32 1976’s Forty-second Amendment Act
- 33 1977’s Forty-Third Amendment Act
- 34 1978’s Forty-Fourth Amendment Act
- 35 1984: 50th Amendment Act
- 36 1985’s Fifty-Second Amendment Act
- 37 1987’s Fifty-Eighth Amendment Act
- 38 61st Amendment Act of 1989
- 39 The 65th Amendment Act of 1990 says:
- 40 The 69th Amendment Act was passed in 1991
- 41 The 71st Amendment Act was passed in 1992.
- 42 The 73rd Amendment Act was passed in 1992.
- 43 The Seventy-Fourth Amendment Act of 1992
- 44 The 77th Amendment Act was passed in 1995.
- 45 2000’s Eightieth Amendment Act
- 46 2000’s Eighty-First Amendment Act
- 47 2000’s Eighty-second Amendment Act
- 48 2001’s Eighty-Fourth Amendment Act
- 49 The 85th Amendment Act was passed in 2001.
- 50 The 86th Amendment Act was passed in 2002.
- 51 The 87th Amendment Act was passed in 2003.
- 52 The 89th Amendment Act was passed in 2003.
- 53 The 1991 Amendment Act was passed in 2003.
- 54 The 92nd Amendment Act was passed in 2003.
- 55 The 1993 Amendment Act was passed in 2005.
- 56 The 96th Amendment Act was passed in 2011.
- 57 The 97th Amendment Act was passed in 2011.
- 58 The 2014 Ninety-Ninth Amendment Act
- 59 2014’s One Hundredth Amendment Act
- 60 2017’s One Hundred and First Amendment Act
- 61 2018’s One Hundred and Second Amendment Act
- 62 The 103rd Amendment Act of 2019
- 63 The 104th Amendment Act of 2020
- 64 One Hundred and Fifth Amendment Act, 2021
Important amendments in Indian constitution
• The Constitution says that it can be changed so that it can keep up with changing times and needs.
• The Indian Constitution is neither open nor rigid. Instead, it is a combination of the two.
• Part XX, Article 368 talks about what the Parliament can do to change the Constitution and how to do it.
• Article 368 says, “The Parliament may change the Constitution by adding to, changing, or getting rid of any part of it according to the rules set up for that purpose.”
• However, the Supreme Court decided in the Kesavananda Bharathi vs. State of Kerala (1973) case that the Parliament cannot change the parts of the Constitution that make up the “basic structure.”
Procedure for Amendment as Laid Down in Article 368 Part XX
1. To change the Constitution, a bill must be introduced in either the House or the Senate, not in a state assembly.
2. The Bill can be brought up by either a minister or a private member, and the President doesn’t have to give his or her approval first.
3. The bill must be passed by a Special Majority in each House.
4. Each House has to vote on the bill on its own. In case there is a conflict between the two Houses, there is no way for them to meet together.
5. If the bill wants to change the federal parts of the Constitution, it must also be passed by a simple majority of the state governments in half of the states.
6. After the Bill has been passed by both Houses and approved by the state governments, it goes to the President to be signed into law.
7. The President must sign the bill; he cannot refuse to sign the bill or send it back to the Parliament to be changed.
8. After the President signs the Bill into law, it is called a CAA.
Types of Majority
A simple majority or workable majority is when more than half of the people who are present and voting agree on something.
The term “absolute majority” means that more than half of the people in the house have to agree for it to be true.
Effective Majority of the House means that more than 50% of the effective strength of the house agrees with them. This means that we take away the empty and missing seats from the total number of people.
A special majority is any kind of majority that is not a simple, absolute, and successful majority. Among these are
• A majority of two-thirds of the house is needed to remove the president from office, as in Article 61.
• The majority is made up of two-thirds of the members who are present and voting. For example, Article 249 says that Parliament has the power to make laws about things on the State List that are in the national interest.
• An absolute majority plus the majority of two-thirds of the people who are present and voting.
Examples of Majorities in the Constitution
• To get rid of the president, you need a special majority.
Article 61 says that either House of Parliament can bring a charge against the President for breaking the Constitution if that is the reason for impeachment. A 14-day notice is given to move a motion. Then, the motion must be approved by a majority of at least two-thirds of the House’s members. This is what a Special Majority looks like.
• To get rid of the Vice President, you need an effective majority.
The Vice-President can be kicked out of office if the Rajya Sabha passes a resolution with the support of the Lok Sabha. This resolution must be supported by a majority of the Rajya Sabha members at the time. This is an example of a majority in the Rajya Sabha that works.
• Getting rid of the Deputy Chairman of the Rajya Sabha:
A member of Rajya Sabha who is Deputy Chairman can be kicked out of his job by a Council decision passed by a majority of all Council members at the time. (The Rajya Sabha has a simple majority)
• Getting rid of the Speaker and the Lok Sabha Speaker:
A member of the House of the People who is the Speaker or Deputy Speaker can be kicked out of office by a vote passed by a majority of the members of the House at the time.
• To get rid of a Supreme Court judge, you need an absolute and special majority.
A Supreme Court judge can’t be fired without an order from the President and a vote from at least two-thirds of the members of that house who were there and voted. (Article 124)
• Getting rid of the Council of States: Special + Absolute Majority
By law, Parliament can get rid of a state’s Legislative Council or create one in a state that doesn’t have one. This can only happen if the state’s Legislative Assembly passes a resolution to do so with the support of at least two-thirds of those present and voting. (Majority of a Special Kind) Article 169 (1).
• Getting rid of the Speaker or Deputy Speaker of the Assembly:
Speaker or Deputy Speaker of Assembly can be removed from office by a motion of the Assembly passed by a majority of all the Assembly members at the time (Effective Majority). Article 179 (C)
• Removal of a Legislative Council’s Chairman or Deputy Chairman: (Effective Majority)
A Legislative Council’s Chairman or Deputy Chairman can be kicked out of office by a vote passed by a majority of the Council’s members at the time. (Vote of the People) Article 183 (C)
• Proclamation of an emergency (absolute + special majority)
Article 352(4) says that an emergency proclamation must be shown to each House of Parliament and will stop working after one month if it has not been accepted by resolutions of both Houses of Parliament before that time. If it isn’t passed again within six months, it will no longer be in effect. For both of these reasons, the motion should be passed by either House of Parliament only by a majority of the total number of members of that House (Absolute Majority) and by a majority of at least two-thirds of the Members of that House who are present and voting. (Extraordinary Majority)
• Article 368: Changes to the Constitution (Absolute + Special Majority)
Article 368(2) says that a change to the Constitution can only happen if a Bill is introduced in either House of Parliament and passed by a majority of the members of that House who are present and voting (a “special majority”) and by a majority of the members of that House who are present and voting (an “absolute majority”).
Also, if changing the constitution also needs the approval of the state governments, they can pass the constitutional Amendment Bill with a simple majority.
1. By a simple majority of the Parliament. Not covered by Article 368.
• Adding new states or making new ones.
• Making new states or changing the areas, borders, or names of states that are already there.
• Getting rid of or making state legislative councils.
• The second schedule lists the pay, benefits, and other perks of the President, Governor, Speakers, and Judges.
• Parliament’s Quorum.
• MPs’ salaries and benefits.
• The rules for how Parliament works.
• The rights and responsibilities of Parliament, its members, and its panels.
• Parliament’s use of the English language.
• The number of associate judges in the Supreme Court.
• Giving the Supreme Court (SC) more power.
• Official words must be used.
• Citizenship: getting it and giving it up.
• Vote for members of Parliament and the governments of each state.
• Setting up boundaries for seats.
• Territories of the Union.
• 5th Schedule: how scheduled places and scheduled tribes are managed.
• The sixth schedule is about how tribal places are run.
2. By a vote of the Parliament’s Special Majority
• Any other rule that isn’t covered by (1) or (3)
3. By a special majority of the Parliament and the approval of half of the state governments
• How the President is chosen and how it is done.
• How much power the Union and the states have to run things.
• The SCs and HCs.
• How the Union and the states share the power to make laws.
• Any of the 7th Schedule’s lists.
• Who speaks for each state in Parliament.
• Article 368, which says that Parliament has the power to change the Constitution and how to do it.
Amendability of Fundamental Rights
Article 13(2) of the Constitution says that no laws can be made that take away basic rights.
• The SC looked at the question of whether or not a constitutional revision act can be called a law and whether or not FRs can be changed by the Parliament under Article 368:
• Shankari Prasad vs. Union of India (1951) Case: This case attacked the constitutionality of the 1st Amendment Act of 1951, which limited the Right to Property.
• The Supreme Court decided that “Article 368 gives Parliament the power to change the Constitution, which includes the power to change FRs.”
• Golak Nath vs. State of Punjab (1967) Case: This case attacked the constitutionality of the 7th Amendment Act, which put some state laws in the 9th Schedule.
• The Supreme Court said, “FRs have a transcendent and unchangeable status, so Parliament can’t change or get rid of any of them.”
• In reaction to the Golak Nath Case, the Parliament passed the 24th CAA (1971), which said that “under Article 368, the Parliament can change or remove any of the FRs.”
• In Kesavananda Bharathi vs. State of Kerala (1973), the Supreme Court overturned its ruling in the Golak Nath Case (1971) and created a new “basic structure” theory.
• The Supreme Court supported the legality of the 24th CAA (1971) and said that “Article 368 gives the Parliament the power to change or remove any of the Fundamental Rights, but it does not give the Parliament the power to change the Constitution’s “basic structure.” i.e. Parliament can’t change or get rid of a FR that is part of the ‘basic framework’ of the Constitution.
• This is the part of Indian law that says the courts can throw out any change made by Parliament that goes against the Constitution’s basic structure.
• The Supreme Court said again in 1981 that the Basic Structure theory was still true.
• It also set a line of demarcation as April 24, 1973, the date of the Kesavananda Bharati judgement, and said that it shouldn’t be used to question the legality of any changes to the Constitution that happened before that date.
• The Supreme Court hasn’t defined “basic structure” or given an all-inclusive list of what makes up that structure. But in its different rulings, the Supreme Court has said that the following parts of the law are part of its basic structure:
• The following have been found to be “basic structures” by different courts:
The Constitution is the most important law.
The Indian government is independent, democratic, and republican.
The fact that the Constitution is not religious.
Powers are kept separate between the L, E, and J.
The Constitution’s role as a federal law.
Unity and stability of the country.
Welfare State (socio-economic justice)
Review by the courts
Harmony and equilibrium between the FRs and the DPs
How Parliament Works
Law and Order
Freedom and the worth of each person
The idea that voting should be free and fair
Principle of Equality is the most important part of equal justice. It doesn’t cover every aspect of equality.
Freedom of the Judiciary
Access to justice that works
Article 368’s power to change things has some limits.
Article 32 and Article 226
Articles 32, 136, 141, and 142 say what the Supreme Court can do.
Article 368 says that the Parliament can change any part of the Constitution, including the Fundamental Rights, as long as it doesn’t change the “basic structure” of the Constitution.
Important Amendments of Indian Constitution
First Amendment Act, 1951
To fix some of the problems that the court’s decisions in cases like Kameshwar Singh Case, Romesh Thapar Case, etc. have caused in the real world.
Some of the issues at stake in the cases were freedom of speech, the taking over of Zamindari land, the state’s ban on trade, and so on.
Gave the state the power to make special plans for the social and economic progress of backward classes.
Set up a way to save rules about buying estates and other things.
The Ninth Schedule was added to protect the land changes and other laws in it from being looked at by the courts. Articles 31A and 31B were added to the end of Article 31.
There are now three more reasons why people can’t say what they want: public order, good ties with other countries, and inciting someone to do something wrong. Also, it made the rules’reasonable’ and, therefore, legal.
Provided that state trading and taking over a business or trade by the government are not invalid because they violate the right to trade or do business.
1955’s Fourth Amendment Act
Kept courts from looking into the amount of money given in exchange for private property that had to be taken by force.
Gave the state the right to take over any business.
Some more Acts were added to the Ninth Schedule.
Article 31A (rules that can’t be changed) was made to cover more.
1956’s Seventh Amendment Act
To put the State Reorganisation Committee’s suggestions into action and to carry out the State Reorganisation Act of 1956.
Changes were made to the second and seventh schedules.
The current system of putting states into four groups (Part A, Part B, Part C, and Part D) was thrown out, and they were reorganised into 14 states and 6 union regions.
High courts now have power over union areas as well.
Set up a way for two or more states to share one or more high courts.
Set up a way for more and temporary judges to be added to the high court.
1960’s Ninth Amendment Act
After India and Pakistan signed the Nehru-Noon deal to split the land of the Berubari Union, the Government of West Bengal was against it. After this, the Union took the issue to the Supreme Court. The SC ruled that Article 3, which gives Parliament the power to reduce the size of a state, does not cover giving Indian land to a foreign country. So, Indian land can only be given to a foreign country if the Constitution is changed under Article 368. So, in 1960, Congress passed the 9th Constitutional Amendment Act.
As stated in the Indo-Pakistan Agreement of 1958, it made it easier for Pakistan to take over the Indian region of Berubari Union, which is in the state of West Bengal.
1961’s Tenth Amendment Act
After getting them from Portugal, Dadra, Nagar, and Haveli are now part of the Union Territory.
1961’s Eleventh Amendment Act
Changed how the vice president is chosen by replacing a joint meeting of the two Houses of Parliament with a voting college.
As long as a vacancy in the proper electoral college can’t be used to challenge the election of the president or vice president.
Twelfth Amendment Act of 1962
Goa, Daman, and Diu were added to the Indian Union.
13th Amendment Act of 1962
Nagaland was made into a state, and special rules were made for it.
Fourteenth Amendment Act, 1962
Puducherry was added to the Indian Union.
The bill made it possible for the Union Territories of Himachal Pradesh, Manipur, Tripura, Goa, Daman and Diu, and Puducherry to get their own parliament and councils of ministers.
Seventeenth Amendment Act, 1964
It was against the law to buy land that was being used for personal farming unless the land’s market value was paid as compensation.
The Ninth Schedule now has 44 more acts.
Eighteenth Amendment Act, 1966
Made it clear that Parliament’s power to make a new state also includes the power to make a new state or union territory by joining a part of one state or union territory to another.
It made Punjab and Haryana into new states.
1967’s Twenty-First Amendment Act
Sindhi has been added to the Eighth Schedule as the 15th language.
1971’s Twenty-Fourth Amendment Act
The Twenty-Fourth Constitutional Amendment Act was made in reaction to the Golaknath ruling of 1967, which said that the Parliament cannot take away any fundamental rights by changing the Constitution.
Articles 13 and 368 were changed to show that Parliament has the power to change any part of the Constitution, including basic rights.
Made it so that a Constitutional Amendment Bill must get the President’s approval.
The 25th Amendment Act was passed in 1971.
Cut back on the basic right to own property.
As long as any law made to implement the Directive Principles in Article 39 (b) or (c) cannot be challenged on the grounds that it violates the rights promised in Articles 14, 19, or 31, it cannot be challenged.
The 26th Amendment Act was passed in 1971.
The old princely state masters’ privy purses and special rights were taken away.
The 31st Amendment Act was passed in 1973.
The 1971 Census showed that the number of people living in India had grown.
The number of seats in the Lok Sabha went up from 525 to 545.
1974’s Thirty-third Amendment Act
Articles 101 and 190 were changed so that the Speaker/Chairman can only accept the resignation of a member of Parliament or a state legislature if he is sure that the retirement is voluntary or real.
The 35th Amendment Act was passed in 1974.
Sikkim’s position as a protectorate ended, and it became an associate state of the Indian Union. The rules and conditions of Sikkim’s membership in the Indian Union were added to the Tenth Schedule.
The 36th Amendment Act was passed in 1975.
Sikkim became a full member of the Indian Union, and the Tenth Schedule was taken out.
The 38th Amendment Act was passed in 1975.
Made it impossible to sue the President for declaring a state of emergency.
Made it impossible to sue the President, governors, or people in charge of Union regions for passing laws.
Gave the President the right to declare different national emergencies at the same time for different reasons.
The 39th Amendment Act was passed in 1975.
It was passed in reaction to the Allahabad High Court’s decision that PM Indira Gandhi’s election to the Lok Sabha was not valid. This decision was based on a petition from Raj Narain.
Put conflicts between the president, the vice president, the prime minister, and the speaker outside of the court’s jurisdiction. They will be chosen by a body whose power will be set by the Parliament.
Some Central Acts have been added to the Ninth Schedule.
1976’s Forty-second Amendment Act
The Preamble now has three new words: socialism, secular, and integrity.
Fundamental Duties of Citizens (new Part IV A) are now included.
Made it so that the president had to follow what the cabinet said.
Part XIV A was added to make room for administrative tribunals and other courts.
Seats in the Lok Sabha and state legislatures were frozen based on the 1971 census until 2001 as a measure to control the number of people.
Kept the courts from looking at the constitutional changes.
The Supreme Court and high courts no longer have as much power to review laws and issue writs.
The term of office for the Lok Sabha and state legislatures went from 5 years to 6 years.
As long as the laws that are made to carry out Directive Principles can’t be thrown out by the courts because they violate some Fundamental Rights.
Parliament was given the right to make laws to deal with activities that hurt the country, and these laws are supposed to come before the Fundamental Rights.
Added three new Directive Principles: equal justice and free legal help, worker participation in industry management, and protection of the environment, forests, and wildlife.
Helped make it possible for a part of India to declare a state of national emergency.
The President can now rule a state for a total of one year instead of six months.
Gave the Centre the power to send its armed troops to any state to deal with a serious law and order problem.
Five areas, including education, forests, protection of wild animals and birds, weights and measures, administration of justice, constitution, and organisation of all courts except the Supreme Court and the high courts, were moved from the state list to the concurrent list.
Did away with the need for a certain number of people to be present in Parliament and state governments.
Parliament was given the power to decide from time to time what its members and committees’ rights and benefits would be.
Made it possible for the All-India Judicial Service to be made.
The process for taking disciplinary action has been sped up by taking away the right of a civil servant to make a case at the second stage, after the inquiry, about the punishment that is being suggested.
1977’s Forty-Third Amendment Act
Restored the Supreme Court’s and the High Courts’ power to issue writs and do judicial reviews.
Parliament lost its special ability to make rules to deal with activities that hurt the country.
1978’s Forty-Fourth Amendment Act
The Lok Sabha and the state legislatures now have the same 5-year terms that they had before.
The rules about the quorum in Parliament and state governments were put back in place.
In the rules about parliamentary rights, the reference to the British House of Commons was taken out.
Constitutionally protected the right of newspapers to print accurate accounts of what was going on in Parliament and the state governments.
The president was given the power to send back the advice of the cabinet for a second look. But the president has to follow the advice that was rethought.
The part of the law that made sure the president, governor, and officials were happy with ordinances was taken out.
Some of the Supreme Court and high courts’ rights were given back to them.
In the case of a national emergency, the word “internal disturbance” has been changed to “armed rebellion.”
Made it so that the President could only declare a national emergency if the cabinet wrote that he or she should do so.
Set up some procedures to protect against a national emergency and the President’s rule.
The right to land was taken off the list of Fundamental Rights and turned into a legal right only.
As long as Articles 20 and 21 say that basic rights can’t be taken away during a national emergency.
The parts that took away the court’s ability to decide election issues for the president, vice president, prime minister, and speaker of the Lok Sabha were taken out.
1984: 50th Amendment Act
The Parliament was given the authority to limit the Fundamental Rights of people working for intelligence agencies and communications systems established for the military or intelligence agencies.
1985’s Fifty-Second Amendment Act
To stop people from leaving the party and the “Aaya Ram, Gaya Ram” policies.
Members of Parliament and state governments could be kicked out of their jobs if they switched sides, and a new Tenth Schedule explained how this would work.
1987’s Fifty-Eighth Amendment Act
It made sure there was a legal version of the Constitution in Hindi and gave the Hindi version the same legal weight as the English version.
61st Amendment Act of 1989
The vote age for the Lok Sabha and state legislative assemblies went down from 21 to 18 years old.
The 65th Amendment Act of 1990 says:
In place of a Special Officer for Scheduled Castes and Scheduled Tribes, the law set up a National Commission for Scheduled Castes and Scheduled Tribes with several members.
The 69th Amendment Act was passed in 1991
Made the Union Territory of Delhi the National Capital Territory of Delhi to give it a special standing. The change also said that Delhi would get a 70-person legislative body and a 7-person council of ministers.
The 71st Amendment Act was passed in 1992.
The Eighth Schedule now has Konkani, Manipuri, and Nepali on it. With this, there are now 18 languages that are planned.
The 73rd Amendment Act was passed in 1992.
The Panchayati Raj organisations now have a place in the constitution and are protected by it. The Amendment has added a new Part-IX called “the panchayats” and a new Eleventh Schedule with 29 panchayat-related functional items for this reason.
The Seventy-Fourth Amendment Act of 1992
The urban local bodies now have constitutional standing and are protected by it. In order to do this, the Amendment added a new Part IX-A called “the municipalities” and a new Twelfth Schedule with 18 things that the municipalities need to do their jobs.
The 77th Amendment Act was passed in 1995.
Scheduled Castes and Scheduled Tribes were given a chance to move up in their government jobs. This change made the Supreme Court’s decision about reservations in raises meaningless.
2000’s Eightieth Amendment Act
Provided for a “alternative scheme of devolution” of income between the Centre and the states. This was made law based on the suggestions of the Tenth Finance Commission, which said that the states should get 29% of the total money the Central government gets from taxes and fees.
2000’s Eighty-First Amendment Act
It gave the state the power to treat the unfilled reserved vacancies of a year as a different group of vacancies that could be filled in any year or years after. This group of open positions shouldn’t be added to the open positions of the year in which they are being filled to figure out the limit of 50% reservation on the total number of open positions for that year. In short, this change got rid of the limit of 50% for reservations in backlog positions.
2000’s Eighty-second Amendment Act
Set up any kind of help for SCs and STs, like lowering the minimum score needed to pass a test or lowering the standards for judging, and gave them a chance to move up in the public services of the Centre and the states.
2001’s Eighty-Fourth Amendment Act
The ban on changing the seats in the Lok Sabha and the state legislative assemblies was extended for another 25 years, or until 2026. This was done for the same reason, to encourage steps to limit population growth. In other words, there will be the same number of seats in the Lok Sabha and the assemblies until 2026. It also said that the population numbers from the 1991 census would be used to change and make more sense of the states’ geographical districts.
The 85th Amendment Act was passed in 2001.
Set up “consequential seniority” for government workers from the Scheduled Castes and Scheduled Tribes who were promoted because of the rule of reservation. This was done with effect from June 1995 backwards.
The 86th Amendment Act was passed in 2002.
Article 21A made elementary education a core right.
Article 45 in Directive Principles is now about something else.
Article 51-A was changed to include a new basic duty.
The 87th Amendment Act was passed in 2003.
The 84th Amendment Act of 2001 said that the territorial districts in the states would be changed and made more fair based on the population numbers from the 2001 census, not the 1991 census.
The 89th Amendment Act was passed in 2003.
The National Commission for Scheduled Castes and Scheduled Tribes, which used to be one body, was split into two separate bodies: the National Commission for Scheduled Castes (Article 338) and the National Commission for Scheduled Tribes (Article 338-A).
The 1991 Amendment Act was passed in 2003.
Made the following changes to reduce the size of the Council of Ministers, make it illegal for defectors to hold public office, and strengthen the rule against leaving:
o The number of ministers in the Central Council of Ministers, including the Prime Minister, can’t be more than 15% of the size of the Lok Sabha.
o If a member of either house of Parliament from any political party is kicked out for switching parties, they can’t be chosen as a minister either.
o The number of ministers in a state’s Council of Ministers, including the Chief Minister, can’t be more than 15% of the total number of legislators in that state’s Legislative Assembly. But, a state cannot have less than 12 ministers, including the Chief Minister.
o A member of either House of a state assembly who isn’t allowed to be a minister because they left their political party is also not allowed to be a minister.
o If a member of either House of Parliament or either House of a State Legislature from any political party is kicked out for leaving their party, they can’t take any political job that pays money. What does it mean to have a “remunerative political post”?
• Any job with the central government or a state government for which the salary or pay is paid out of the government’s public funds; or
• Any job with a body that is wholly or partly owned by the federal government or a state government, whether the body is incorporated or not, and the salary or,
• This type of body pays the salary or other payment for this kind of job, unless the salary or payment is meant to make up for something (Article 361-B).
o The part of the Tenth Schedule (anti-defection rule) that said a party couldn’t be kicked out of office if one-third of its members left it has been taken out. It means that the splits are no longer a reason to protect those who left.
The 92nd Amendment Act was passed in 2003.
The Eighth Schedule now has four more languages on it. They are Bodo, Dogri (or Dongri), Maithili, and Santhali. With this, there are now 22 languages that are recognised by the law.
The 1993 Amendment Act was passed in 2005.
Article 15, clause (5), says that the state is allowed to make special arrangements for socially and educationally backward classes, Scheduled Castes, and Scheduled Tribes in educational institutions, including private educational institutions (whether the state helps or not), except for minority educational institutions.
The Inamdar case, in which the Supreme Court found that the state cannot impose its reservation policy on unaided private colleges, including professional colleges, that serve both minorities and non-minorities, was overturned by this Amendment. The court said that making reservations in private schools that don’t get government help was against the Constitution.
The 96th Amendment Act was passed in 2011.
We used “Odia” instead of “Oriya”. So, the Eighth Schedule’s “Oriya” language should be spelled “Odia.”
The 97th Amendment Act was passed in 2011.
Cooperative societies now have a place in the law and are protected by it. It made three changes to the law, which are as follows:
o It made it a basic right (Article 19) to be a part of a co-op.
o It included a new Directive Principle of State Policy on promoting co-operative groups.
o It changed the constitution by adding a new part called “The Co-operative societies” to Part IX-B.
The 2014 Ninety-Ninth Amendment Act
A new group called the National Judicial Appointments Commission (NJAC) has replaced the collegium method for choosing judges for the Supreme Court and High Courts.
But in 2015, the Supreme Court said that this Amendment Act was against the Constitution and couldn’t be used. As a result, the old collegium system went back into effect.
2014’s One Hundredth Amendment Act
In accordance with the Land Boundary Agreement of 1974 and its Protocol of 2011, made it possible for India to get some land and for Bangladesh to get some land (through the exchange of enclaves and the keeping of adverse properties).
In order to do this, this amendment act changed the parts of the Constitution’s First Schedule that deal with the regions of four states: Assam, West Bengal, Meghalaya, and Tripura.
2017’s One Hundred and First Amendment Act
The Goods and Services Tax is being put in place.
items and Services Tax (GST) is an indirect tax (also called a consumption tax) that is used in India to tax the sale of items and services. It is a complete, multistage, destination-based tax. It is complete because, except for a few state taxes, it has replaced almost all secondary taxes.
2018’s One Hundred and Second Amendment Act
The National Commission for Backward Classes, which is part of India’s Ministry of Social Justice and Empowerment, was given constitutional standing.
After Articles 338 and 338A, which deal with the National Commission for Scheduled Castes (SC) and the National Commission for Scheduled Tribes (ST), Article 338B was added to the Constitution.
The 103rd Amendment Act of 2019
It was the first time in India’s history that Economic Weaker Section reserves were made.
A 10% reservation for EWS in state jobs is permitted by an Amendment to Article 16.
The 104th Amendment Act of 2020
SCs and STs will still have seats in the Lok Sabha and state governments until they are 80 years old. This is 20 years longer than before.
The seats in the Lok Sabha and state assemblies that were set aside for the Anglo-Indian people were taken away.
One Hundred and Fifth Amendment Act, 2021
It gives State Governments back the power to name and describe the Socially and Economically Backward Classes (SEBCs).
According to the Act, each State or Union region can make and keep track of its own list of socially and educationally backward classes.
o Some of the names on these state lists may not be on the Central List.