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India at 75 | Main Constitutional Amendments by Parliament since Independence

India at 75 | Major Constitutional Amendments by Parliament since Independence

2022-08-15 17:01:57

As India celebrates its seventy fifth Independence Day, the Opposition has touted itself because the ‘protector of the Structure’ and the elemental identification of India.

As India celebrates its seventy fifth Independence Day, the Opposition has touted itself because the ‘protector of the Structure’ and the elemental identification of India.

The present ruling BJP authorities and India’s longest-ruling celebration — Congress — are engaged in reveals of patriotism forward of the ‘Azadi ka Amrit Mahotsav’ (the platinum jubilee of Independence.) Whereas the Centre has launched the ‘Har Ghar Tiranga’ motion to instil nationalism and patriotism in Indian youth, Congress has known as for the ‘Azadi Ka Gaurav Yatra’ (Independence Satisfaction March) – asserting that it could restore constitutional rule in India if voted to energy.

With India’s constitutional values being hotly debated, here’s a have a look at main amendments made to the Indian Structure since Independence. So far, there are 105 amendments made by the Parliament to the unique 395 articles of the Structure.

First Modification

Handed below India’s first Prime Minster Jawaharlal Nehru in 1951, the first modification to the Structure altered articles 15, 15 (3), 46, 341, 342, 372 and 376, empowering States to ‘make any particular provision for the development of any socially and educationally backward courses of residents or for the Scheduled Castes and the Scheduled Tribes’.

Submit the Modification, the state is prevented from enacting legal guidelines curbing residents’ rights to freedom of expression and to practise any commerce, occupation or enterprise. It additionally prevents States from making legal guidelines letting them purchase any citizen’s property. The modification additionally added a ninth schedule to the Structure, itemizing a variety of State legal guidelines which can’t be challenged in courts.

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However, the modification additionally launched three new exceptions to the appropriate to free speech. Now, residents didn’t have the appropriate to talk freely if their phrases imperilled “public order”, incited the fee of an offence, or affected “pleasant relations with overseas States”.

Different adjustments introduced in by this modification are – empowering the President/Governor to summon or prorogue every Home for a session in an interval of lower than six months, disallowing judges who aren’t Indian residents from being appointed as Chief Justices of any Excessive Court docket or judges of every other courtroom and disallowing the President from modifying any legislation inside three years from the graduation of the Structure.

India's first Prime Minister Jawaharlal Nehru, delivers his famous 'Tryst with Destiny' speech on August 15, 1947 at Parliament House in New Delhi.

India’s first Prime Minister Jawaharlal Nehru, delivers his well-known “Tryst with Future” speech on August 15, 1947 at Parliament Home in New Delhi.
| Photograph Credit score: STR

Fourth and Twenty-fifth Modification

Handed by the Nehru authorities in 1955, the fourth modification alters articles 31, 31A, 305 and the ninth schedule of the Structure, ratifying residents’ proper to property. It states that no property shall be compulsorily acquired by the state or a state-owned company except it’s for a public goal and by authority of a legislation which offers for compensation.

Nonetheless, the twenty-fifth modification handed in 1975 provides a number of caveats to the fourth modification limiting land acquisition. It permits the state to compulsorily purchase land of an academic establishment administered by a minority if a correct quantity of compensation is fastened.

In one other landmark step, the appropriate to property as a elementary proper below Article 31 was omitted by Parliament by way of the forty-fourth Modification in 1978 – making it a constitutional proper as an alternative.

Seventh Modification

, In 1956, the Nehru authorities handed the seventh modification which abolished the distribution of States into courses A, B, C and D, and launched the Union territories of India.

This Act listed out all of the states — Andhra Pradesh, Assam, Bihar, Bombay, Kerala, Madhya Pradesh, Madras, Mysore, Orissa, Punjab, Rajasthan, Uttar Pradesh, West Bengal and Jammu & Kashmir— and divided them on a linguistic foundation as per the States Reorganisation Act, 1956. It additionally specified the boundaries of every of those States and what territories they included.

The Act additionally created six Union territories – Delhi, Himachal, Manipur, Tripura, Andaman and Laccadive— and specified their boundaries below their respective Chief Commissioner’s Province.

Furthermore, the Act break up up 220 seats between the States and Union territories within the Rajya Sabha – Andhra Pradesh (18), Assam (7), Bihar (22), Bombay (27), Kerala (9), Madhya Pradesh (16), Madras (17), Mysore (12), Orissa (10), Punjab(11), Rajasthan (10), Uttar Pradesh (34), West Bengal (16), Jammu and Kashmir (4), Delhi (3), Himachal Pradesh (2), Manipur (1) and Tripura (1).

The Act additionally fastened the variety of representatives elected to the Lok Sabha at 500 from States and 20 from the Union territories. The variety of seats for every State was fastened in such method that the ratio between the inhabitants of every constituency and the variety of seats allotted was identical all through the State. Related limits had been utilized to State legislatures too – fixing 500 because the higher restrict for the Home and 60 for the Council. It additionally empowered the President with powers of administration of Union territories by way of a Governor

Different clauses within the Act included – disallowing the appointment of the identical particular person as Governor for 2 or extra States, fixing sixty because the higher age restrict for Chief Justices and extra judges of Excessive Courts, disallowing everlasting judges of Excessive Courts from practising besides within the Supreme Court docket and the opposite Excessive Courts, fixing salaries of judges, offering for the annual fee to sure Devaswom Funds, and empowering States and the Union authorities to hold out commerce, make contracts and maintain/eliminate properties.

Fifty-second & Ninety-first modification

Cracking down on political defections, the Rajiv Gandhi authorities handed the fifty-second modification in 1985, which disqualified a member of both Home of Parliament, Legislative Meeting or Legislative Council of a State below provisions of the Tenth Schedule. This schedule disqualified elected members if –

  • he has voluntarily given up his membership of his political celebration
  • he votes or abstains from voting in such Home opposite to any path issued by the political celebration to which he belongs
  • he joins every other political celebration after his election to any Home
  • A nominated member of both Home shall be disqualified if he joins any political celebration after the expiry of six months from the date on which he takes his seat

Disqualification on grounds of defection was not relevant in case of a break up, that’s, if members of a celebration declare to characterize a faction comprising not lower than one-third of the members of such legislature celebration; or if a member’s unique celebration merges with one other political celebration with not less than two-thirds of the members agreeing to such a merger.

This Act was additional strengthened by the Atal Bihari Vajpayee authorities in 2003 with the ninety-first modification, which said that any disqualified member can’t maintain any remunerative political submit from his disqualification date to the expiry of his workplace time period or the date on which he’s re-elected to a Home, whichever is earlier.

The ninety-first modification additionally fastened the whole variety of Ministers, together with the Prime Minister, within the Council of Ministers to fifteen per cent of the Lok Sabha’s power. An identical restrict was utilized to State cupboards too.

Sixty-first modification

Handed by the Rajiv Gandhi authorities in 1988, the sixty-first modification lowered the voting age from 21 years to 18 years, making the appropriate to vote a constitutional proper.

a hundred and first modification

Thought of to be the most important constitutional change in Indian polity in trendy instances, the Narendra Modi authorities in 2016 handed the 101 st modification, altering article 246 to empower the Parliament to make legal guidelines with respect to items and providers tax (GST) in inter-State commerce or commerce, whereas State legislatures could make legal guidelines with respect to items and providers tax imposed by the Union or any State.

Beneath Article 246, the Union authorities was restricted to creating legal guidelines in issues enumerated in Checklist I within the Seventh Schedule – i.e. the Union checklist— whereas the State legislature was empowered to make legal guidelines enumerated in Checklist III within the Seventh Schedule – i.e. the Concurrent checklist.

Amending articles 246, 248, 249, 250, 254, 268, 269, 270, and 271, this Act constituted the Items and Providers Tax Council— headed by the Union Finance Minister and having the Union Minister of State Income/Finance and Finance/Taxation Minister of every State authorities as members. This Council makes suggestions to the Union authorities and the States on –

  • taxes, cesses and surcharges levied by the Union, the States and the native our bodies to be subsumed below GST
  • items and providers to be subjected or exempted from GST
  • Items and Providers Tax Legal guidelines
  • Threshold restrict of turnover for exemptions from GST
  • ground charges with bands of GST and different particular charges
  • date on which GST be levied on petroleum crude, excessive pace diesel, petrol, pure fuel and aviation turbine gas.

The Act additionally states that each choice of the GST council shall be taken as per nearly all of not lower than three-fourths of the weighted votes forged– the vote of the Central authorities has the weightage of one-third weightage of the whole votes forged and the votes of all State governments taken collectively have a weightage of two-thirds of the whole. This Council additionally establishes the mechanism for disputes between the Union authorities and any State/s or between two States.

Per the amended provision, Parliament is empowered to offer for compensation to the States for lack of income as a result of implementation of GST, if the GST Council so recommends.

States can both repeal State tax legal guidelines inconsistent with these provisions, or they’ll now not be in power a 12 months after the modification.

103rd Modification

Three years later in 2019, the Modi authorities additionally handed the 103 rd modification allotting a most of 10 per cent reservation for Economically Weaker Sections (EWS) of residents who don’t fall below clauses (4) and (5) of Article 15 i.e – socially and educationally backward courses (SEBC), Scheduled Castes (SC) and Scheduled Tribes (ST). This definition for EWS quota has been challenged within the Supreme Court docket which is ready to listen to the pleas quickly.

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