Major Amendments in the Indian Constitution

Major Amendments in the Indian Constitution

The Constitution of India, adopted on January 26, 1950, is a comprehensive document that lays down the framework of the political system, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and duties of citizens. Over the decades, it has been amended numerous times to address emerging needs, socio-economic changes, and political challenges. Here is a detailed look at some of the most significant amendments in the Indian Constitution:

1. The First Amendment Act, 1951

  • Context: Post-independence, the government faced challenges in implementing agrarian reforms, which led to conflicts over property rights.
  • Key Provisions:
    • Introduced Articles 31A and 31B to protect laws related to agrarian reforms from judicial review.
    • Added the Ninth Schedule, placing certain laws beyond the purview of judicial scrutiny.
    • Amended the right to freedom of speech and expression (Article 19) to impose reasonable restrictions.

2. The Seventh Amendment Act, 1956

  • Context: Aimed at reorganizing the states based on linguistic lines.
  • Key Provisions:
    • Reorganized states and territories to form a more coherent federal structure.
    • Abolished the classification of states into Part A, Part B, Part C, and Part D states.
    • Established the concept of Union Territories.

3. The Twenty-fourth Amendment Act, 1971

  • Context: Responded to the Supreme Court's decision in Golaknath vs. State of Punjab, which restricted Parliament's power to amend fundamental rights.
  • Key Provisions:
    • Explicitly affirmed Parliament's power to amend any part of the Constitution, including fundamental rights (Article 368).

4. The Twenty-fifth Amendment Act, 1971

  • Context: Further addressed issues related to property rights and socio-economic reforms.
  • Key Provisions:
    • Amended Article 31 to ensure that laws providing for the acquisition of property could not be challenged on the ground that the compensation provided was inadequate.
    • Introduced Article 31C to protect laws implementing certain Directive Principles of State Policy from judicial review.

5. The Forty-second Amendment Act, 1976

  • Context: Known as the "mini-Constitution," this amendment was passed during the Emergency period (1975-77) and aimed at making sweeping changes.
  • Key Provisions:
    • Added the words "Socialist," "Secular," and "Integrity" to the Preamble.
    • Curtailed the power of the judiciary and enhanced the power of the Parliament.
    • Introduced fundamental duties for citizens (Article 51A).
    • Strengthened the Directive Principles of State Policy.
    • Extended the duration of the Lok Sabha and State Legislative Assemblies from five to six years.

6. The Forty-fourth Amendment Act, 1978

  • Context: Enacted to undo many changes brought by the Forty-second Amendment and to restore democratic balance.
  • Key Provisions:
    • Reversed the duration of the Lok Sabha and State Legislative Assemblies back to five years.
    • Restored the judiciary's power of judicial review.
    • Made it more difficult to declare a national emergency.
    • Guaranteed the right to life and personal liberty (Article 21) by ensuring that they could not be suspended even during an emergency.

7. The Fifty-second Amendment Act, 1985

  • Context: Aimed at addressing the issue of political defections and ensuring stability in governance.
  • Key Provisions:
    • Introduced the Tenth Schedule, commonly known as the "Anti-Defection Law."
    • Disqualified elected members from switching parties after elections, to curb political defections.

8. The Seventy-third and Seventy-fourth Amendments, 1992

  • Context: Sought to strengthen local self-governance.
  • Key Provisions:
    • Seventy-third Amendment: Empowered Panchayati Raj Institutions by granting them constitutional status and specifying their powers and responsibilities (Articles 243-243O).
    • Seventy-fourth Amendment: Strengthened urban local bodies, providing a framework for their structure, elections, and powers (Articles 243P-243ZG).

9. The Eighty-sixth Amendment Act, 2002

  • Context: Focused on the right to education.
  • Key Provisions:
    • Made education a fundamental right for children aged 6 to 14 years (Article 21A).
    • Amended the Directive Principles of State Policy to provide early childhood care and education for children below six years (Article 45).
    • Introduced a fundamental duty of parents or guardians to provide opportunities for education to their children (Article 51A).

10. The One Hundred and First Amendment Act, 2016

  • Context: Introduced the Goods and Services Tax (GST) to create a unified indirect tax regime.
  • Key Provisions:
    • Replaced multiple indirect taxes levied by the central and state governments with a single tax.
    • Established the GST Council to govern and implement the GST.

Conclusion

The Indian Constitution is a living document that has evolved through numerous amendments to address changing political, social, and economic needs. Each amendment reflects the dynamic nature of Indian democracy and the country's commitment to adapting its constitutional framework to meet new challenges and aspirations.

 

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