Monday, 7 November 2011

Amendment of the Indian Constitution


Amendments of the Indian Constitution have been done for the purpose of variation, addition or cancellation of any provision made in the constitution. Since the enactment of the Constitution of India on 26 November 1949, there have been 94 amendments made to it till 2006. Number of Bills are introduced before Lok Sabha and Rajya Sabha for further improving the Constitution. Parliament has been bestowed with the constituent power, using which changes in the Indian Constitution can be made. However, the basic structure of the Indian Constitution cannot be changed under any circumstances. In case any amendment violates the basic structure of constitution, it should be revised and changed.
Constitutional Provision for Amendment of the Indian Constitution
Part XX of the Constitution of India deals with the Amendment of the Constitution. The Article 368 specifies the power of Parliament to amend the constitution and the procedure of it. It is also mentioned in the Article that there will be no limitation on the constituent power of the Parliament for amending it by adding, removing or improving the provisions made in it.
Procedure of the Amendments of the Indian Constitution
The method of an amendment to the constitution is considered to be a highly complicated procedure. Amendment can be made by various methods, which have been modeled based on the South African Constitution. The initial step of an amendment of the constitution is the introduction of Bills regarding it in any one of the houses of the Parliament. The Bills can be passed by simple majority of the Parliament. Before sending the Bills for President’s assent, there can be a voting among the members of Parliament present. If majority of them votes in favor of the amendments, it is accepted. An amendment can also be finalized if two-thirds of the members of Parliament present vote in its favor. However, the number of voters should be more than half of the total number of members of the house. This method is known as ‘special majority of the Parliament’. In some cases, Bills for amendments to the Indian Constitution, finalized in this method, may also require the ratification of the Legislatures of at least half of the Indian States.
List of the 94 Amendments to the Indian Constitution till 2006
There have been 94 amendments made to the Constitution of India. The Amendment Acts, which are also known as Constitution (Amendment) Acts, and the date, when they cam into force, are mentioned below:
  • The Constitution (First Amendment) Act, 1951: This Act came into force on 18 June 1951.
  • The Constitution (Second Amendment) Act, 1952: This Act was introduced on 1 May 1953.
  • The Constitution (Third Amendment) Act, 1954: The date of assent of this Amendment Act is 22 February 1955.
  • The Constitution (Fourth Amendment) Act, 1955: This Act became effective since 27 April 1955.
  • The Constitution (Fifth Amendment) Act, 1955: The date since when this Act has been made effective is 24 December 1955.
  • The Constitution (Sixth Amendment) Act, 1956: Since 11 September 1956, this Act has been in effect.
  • The Constitution (Seventh Amendment) Act, 1956: As per s.1 (2) of the Act, this Constitution Act came into force on 1 November 1956.
  • The Constitution (Eighth Amendment) Act, 1959: This Act was introduced on 5 January 1960, when it was given assent by the President.
  • The Constitution (Ninth Amendment) Act, 1960: The date on which this Act came into force is 28 December 1960.
  • The Constitution (Tenth Amendment) Act, 1961: This Act was made effective on 11 August 1961 as per the s.1 (2) of the Act.
  • The Constitution (Eleventh Amendment) Act, 1961: The date of assent of this Constitution Act was 19 December 1961.
  • The Constitution (Twelfth Amendment) Act, 1962: This Act came into force on 20 December 1961 as per s.1 (2) of the Act.
  • The Constitution (Thirteenth Amendment) Act, 1962: Since 1 December 1963, this Constitution Act has been in effect.
  • The Constitution (Fourteenth Amendment) Act, 1962: This Act was introduced on 28 December 1962.
  • The Constitution (Fifteenth Amendment) Act, 1963: This Act was given assent by the President and was introduced on 5 October 1963.
  • The Constitution (Sixteenth Amendment) Act, 1963: The date on which this Constitution Act was made effective is 5 October 1963.
  • The Constitution (Seventeenth Amendment) Act, 1964: The date since when this Act has been made effective is 20 June 1964.
  • The Constitution (Eighteenth Amendment) Act, 1966: This Act came into force on 27 August 1966.
  • The Constitution (Nineteenth Amendment) Act, 1966: The date of assent of this Constitution Act is 11 December 1966.
  • The Constitution (Twentieth Amendment) Act, 1966: This Constitution Act was introduced on 22 December 1966.
  • The Constitution (Twenty-first Amendment) Act, 1967: The President gave his assent to this Act on 10 April 1967, since when it has been in effect.
  • The Constitution (Twenty-second Amendment) Act, 1969: The Act was made effective with the assent of the President on 25 September 1969.
  • The Constitution (Twenty-third Amendment) Act, 1969: The date on which this Act came into force is 23 January 1970.
  • The Constitution (Twenty-fourth Amendment) Act, 1971: Since 5 November 1971, this Act is in effect.
  • The Constitution (Twenty-fifth Amendment) Act, 1971: With the assent of the President of India, this Act was introduced on 20 April 1972.
  • The Constitution (Twenty-sixth Amendment) Act, 1971: This Act was made effective on 28 December 1971.
  • The Constitution (Twenty-seventh Amendment) Act, 1971: As per s.1 (2) of the Act, Sections 1 and 3 were introduced on 30 December 1971. The Sections 2, 4 and 5 came into force much later on 15 February 1972.
  • The Constitution (Twenty-eighth Amendment) Act, 1972: This Act came into force on 29 August 1972.
  • The Constitution (Twenty-ninth Amendment) Act, 1972: The date since when this Constitution Act has been made effective is 9 June 1972.
  • The Constitution (Thirtieth Amendment) Act, 1972: It was on 27 February 1973, when this Act was introduced after assent of the Indian President.
  • The Constitution (Thirty-first Amendment) Act, 1973: This Act came into force on 17 October 1973.
  • The Constitution (Thirty-second Amendment) Act, 1973: This Act was introduced on 1 July 1974.
  • The Constitution (Thirty-third Amendment) Act, 1974: Since 19 May 1974, this Constitution Act has been in effect.
  • The Constitution (Thirty-fourth Amendment) Act, 1974: The President of India gave assent to this Act on 7 September 1974.
  • The Constitution (Thirty-fifth Amendment) Act, 1974: This Constitution Act was made effective on 1 March 1975.
  • The Constitution (Thirty-sixth Amendment) Act, 1975: As per s.1 (2), this Act came into force on 26 April 1975, when the Bill passed by the House of People was also passed by the Council of States.
  • The Constitution (Thirty-seventh) Act, 1975: The date of assent of this Act is 3 May 1975.
  • The Constitution (Thirty-eighth Amendment) Act, 1975: This Act has been made effective since 1 August 1975.
  • The Constitution (Thirty-ninth Amendment) Act, 1975: With the assent of the Indian President, this Constitution Act was introduced on 10 August 1975.
  • The Constitution (Fortieth Amendment) Act, 1976: The date on which this Act came into force is 27 May 1976.
  • The Constitution (Forty-first Amendment) Act, 1976: This Act was given assent by the President, and hence introduced on 7 September 1976.
  • The Constitution (Forty-second Amendment) Act, 1976: This is one of the most important amendments made to the Indian Constitution. The Sections 2-5, 7-17, 20, 28, 29, 30, 33, 36, 43-53, 55, 56, 57 and 59 of this Constitution Act came into force on 3 January 1977. The Sections 6, 23-26, 37-42, 54 and 58 were introduced on 1 February 1977. Section 27 was made effective 2 months later on 1 April 1977.
  • The Constitution (Forty-third Amendment) Act, 1977: This Constitution Act was introduced on 13 April 1978.
  • The Constitution (Forty-fourth Amendment) Act, 1978: This is another important amendment made to the Constitution of India. Sections 2, 4-16, 22, 23, 25-29, 31-42, 44 and 45 of this Constitution Act were introduced on 20 June 1979. Sections 17-21 and 30 came into force on 1 August 1979, while Sections 24 and 43 were made effective on 6 September 1979.
  • The Constitution (Forty-fifth Amendment) Act, 1980: As per s.1 (2) of the Act, this Act was given assent by the President of India on 25 January 1980.
  • The Constitution (Forty-sixth Amendment) Act, 1982: This 46th Amendment to the Constitution was made on 2 February 1983.
  • The Constitution (Forty-seventh Amendment) Act, 1984: The date on which this Constitution Act was made effective is 26 August 1984.
  • The Constitution (Forty-eighth Amendment) Act, 1984: This Act came into force on 1 April 1985.
  • The Constitution (Forty-ninth Amendment) Act, 1984: The President of India gave his assent to this Act for amending the Constitution on 11 September 1984.
  • The Constitution (Fiftieth Amendment) Act, 1984: This Constitution Act came into force on 11 September 1984 with the assent of the President.
  • The Constitution (Fifty-first Amendment) Act, 1984: Since 16 June 1986, this Constitution has been effective.
  • The Constitution (Fifty-second Amendment) Act, 1985: It was on 1 March, when this Act was introduced.
  • The Constitution (Fifty-third Amendment) Act, 1986: The date of assent of this Act is 20 February 1987.
  • The Constitution (Fifty-fourth Amendment) Act, 1986: This Act was made effective in 1986 on 1 April 1986, as per s.1 (2) of the Act.
  • The Constitution (Fifty-fifth Amendment) Act, 1986: With the assent of the Indian President, this Constitution Act has been made effective since 20 February 1987.
  • The Constitution (Fifty-sixth Amendment) Act, 1987: This Act was introduced on 30 May 1987.
  • The Constitution (Fifty-seventh Amendment) Act, 1987: This Constitution Act was made effective on 21 September 1987.
  • The Constitution (Fifty-eighth Amendment) Act, 1987: The date of assent for this Act is 9 December 1987.
  • The Constitution (Fifty-ninth Amendment) Act, 1988: The President gave his assent for this Constitution Act on 30 March 1988.
  • The Constitution (Sixtieth Amendment) Act, 1988: This Act was introduced with the assent of President on 20 December 1988.
  • The Constitution (Sixty-first Amendment) Act, 1988: The date since when this Act has been made effective is 23 March 1989.
  • The Constitution (Sixty-second Amendment) Act, 1989: As per s.1 (2) of the Act, it was made effective on 20 December 1989, on the date, when the Bill for this Constitution Act was introduced to the Council of States.
  • The Constitution (Sixty-third Amendment) Act, 1989: This Act was introduced on 6 January 1990 with the assent of the President of India.
  • The Constitution (Sixty-fourth Amendment) Act, 1990: This Act has been in effect since 16 April 1990, which is the date of assent for it.
  • The Constitution (Sixty-fifth Amendment) Act, 1990: With the assent of the President of India, this Act was introduced on 12 March 1992.
  • The Constitution (Sixty-sixth Amendment) Act, 1990: The date, when this Act was given assent by the President of India is 7 June 1990.
  • The Constitution (Sixty-seventh Amendment) Act, 1990: This Constitution Act was introduced on 4 October 1990.
  • The Constitution (Sixty-eighth Amendment) Act, 1991: This Act was made effective on 12 March 1991.
  • The Constitution (Sixty-ninth Amendment) Act, 1991: This Act came into effect from 1 February 1992.
  • The Constitution (Seventieth Amendment) Act, 1992: As per s.1 (2) of the Act, the Section 3 of this Act was introduced on 12 December 1991. The Section 2 of the Act is yet to receive assent from the Indian President.
  • The Constitution (Seventy-first Amendment) Act, 1992: The date when this Constitution Act was made effective is 31 August 1992.
  • The Constitution (Seventy-second Amendment) Act, 1992: It was on 5 December 1992, when this Act received assent from the President and was introduced.
  • The Constitution (Seventy-third Amendment) Act, 1992: With the assent of the Indian President, this Constitution Act was made effective on 24 April 1993.
  • The Constitution (Seventy-fourth Amendment) Act, 1992: This Act was introduced on 1 June 1993.
  • The Constitution (Seventy-fifth Amendment) Act, 1993: The date on which this Act was made effective for amending the constitution is 15 May 1994.
  • The Constitution (Seventy-sixth Amendment) Act, 1994: This Constitution Act was introduced with the assent of the Indian President on 31 August 1994.
  • The Constitution (Seventy-seventh Amendment) Act, 1995: The date of assent for this Act is 17 June 1995.
  • The Constitution (Seventy-eighth Amendment) Act, 1995: The President gave his assent to this Act on 30 August 1995.
  • The Constitution (Seventy-ninth Amendment) Act, 2000: This Act came into force on 25 January 2000.
  • The Constitution (Eightieth Amendment) Act, 2000: 9 June 2000 is the date, when this Constitution Act was implemented.
  • The Constitution (Eighty-first Amendment) Act, 2000: This Act was introduced on 9 June 2000.
  • The Constitution (Eighty-second Amendment) Act, 2000: The date on which this Act was made effective is 8 September 2000.
  • The Constitution (Eighty-third Amendment) Act, 2000: It was on 8 September 2000, when this Act came into force with the assent of the President of India.
  • The Constitution (Eighty-fourth Amendment) Act, 2001: This Constitution Act was made effective on 21 February 2002.
  • The Constitution (Eighty-fifth Amendment) Act, 2002: With the assent of the Indian President, this Act came into force on 4 January 2002.
  • The Constitution (Eighty-sixth Amendment) Act, 2002: The date of assent for this Constitution Act is 12 December 2002.
  • The Constitution (Eighty-seventh Amendment) Act, 2003: Since 22 June 2003, this Act has been in effect.
  • The Constitution (Eighty-eighth Amendment) Act, 2003: This Act came into force on 15 October 2004.
  • The Constitution (Eighty-ninth Amendment) Act, 2003: The President gave his assent for the Bill of this amendment on 28 September 2003.
  • The Constitution (Ninetieth Amendment) Act, 2003: The date on which this Constitution Act was introduced is 28 September 2003.
  • The Constitution (Ninety-first Amendment) Act, 2003: This Act was introduced with the assent of the President of India on 1 January 2004.
  • The Constitution (Ninety-second Amendment) Act, 2003: This Constitution Act was given assent by the President on 7 January 2004.
  • The Constitution (Ninety-Third Amendment) Act, 2005: Since 20 January 2006, this Act has been made effective.
  • The Constitution (Ninety-fourth Amendment) Act, 2006: This Constitution Act came into force on 12 June 2006, with the assent of the President of India.

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