Constitutional Amendments in Indian Constitution
by Yuvi - January 28, 2021
Indian Constitution – Constitutional Amendments
Article 368 deals with amendment procedure of the Indian Constitution. A Bill for the purpose of amendment of the Constitution could be initiated in either house of Parliament and not in any state legislature. Indian Constitution lays down three different procedures for the amendment of various provisions of the Constitution.
(1) Certain provisions of the Indian Constitution can be amended by the Parliament by simple majority. These include provisions relating to the creation of new states, reconstitution of existing states, creation or abolition of upper chambers in the state legislatures etc.
(2) The provisions that effect federal structure could be amended only if they are passed in each House
(a) By a majority of the total membership of that House and
(b) By a majority of not less than two- thirds of the members of that House present and voting, and
(c) Thereafter ratified by the legislature of not less than one half of the states by resolutions to that effect passed by those legislatures before the bill was presented to the President for assent. Provisions that can be amended, this way, include election of the President, powers of the Union and state executive, Union judiciary, High courts, amendment procedure etc.
(3) But a major portion of the Indian Constitution can be amended by the special majority, i.e.
(a) A majority of total membership of each house and
(b) By a majority of not less than two- thirds of the members of that house present and voting.
Important Amendments of Indian Constitution
(1) Fourth Amendment 1955 – Regarding compensation in right to property the word adequate was deleted.
(2) Seventh, 1956 – Reorganization of states
(3) Twenty-fourth, 1971 – Parliament got the right to amend the Fundamental Rights
(4) Twenty-Sixth, 1971 – Abolition of privy purses and privileges
(5) Thirty–Fifth, 1974 – Integration of Sikkim as a fully fledged state of the Indian union
(6) Forty –Second, 1976 –
(a) The words ‘secular’ and ‘socialist’ were added to the preamble and a new chapter on ‘fundamental duties‘ was added in the Constitution
(b) Parliament’s power to amend all provisions of the Indian Constitution was placed beyond judicial review
(c) The primacy of Directive Principles of state policy over Fundamental Rights was ensured
(d) It made it obligatory for the President to act on the advice of the Council of Ministers.
(e) It curtailed the powers of the High Courts and the Supreme Court with regard to the issue of writs and judicial review
(7) Forty Fourth, 1978 – It restored to the Supreme Court and High Courts the jurisdiction and powers they enjoyed before the 42nd amendment was passed. It deleted the right to property from the list of Fundamental Rights.
(8) Fifty Second, 1985 – Political defection was sought to be curbed
(9) Seventy Third, 1992 – provided a constitutional guarantee to the formation of panchayats at village and other levels.
(10) Seventy-fourth, 1992 – Added a new part to the Indian constitution relating to urban local bodies.
