- The Constitution
(Thirty-second Amendment) Act, 1973---This Act provided the necessary constitutional
authority for giving effect to the provision of equal opportunities to different
areas of the State of Andhra Pradesh and for the constitution of an Administrative
Tribunal with jurisdiction to deal with grievances relating to public services.
It also empowered Parliament to legislate for the establishment of a Central university
in the State.
- The Constitution (Thirty-third Amendment) Act, 1974----By this
amendment, Articles 101 and 190 were amended in order to streamline the procedure
for resignation of Members of Parliament and State Legislatures.
- The Constitution
(Thirty-fourth Amendment) Act, 1974---By this Act, twenty more land tenure and land
reforms laws enacted by various State Legislatures were included in the Ninth Schedule.
- The Constitution (Thirty-fifth Amendment) Act,
1974---By this Act a new Article
2A was added thereby conferring on Sikkim the status of an associate State of Indian
Union. Consequent amendments were made to Articles 80 and 81. A new schedule, i.e.,
Tenth Schedule, was added laying down terms and conditions of association of Sikkim
with the Union.
- The Constitution (Thirty-sixth Amendment) Act, 1975---This was
enacted to make Sikkim a full-fledged State of Indian Union and to include it in
the First Schedule to the Constitution and to allot to Sikkim one seat each in the
Council of States and in the House of the People. Article 2A and the Tenth Schedule
inserted by the Constitution (Thirty-fifth Amendment) Act were omitted and Articles
80 and 81 were suitably amended.
- The Constitution (Thirty-seventh Amendment)
Act, 1975---By this Act, Union Territory of Arunachal Pradesh was provided with
a Legislative Assembly. Article 240 of the Constitution was also amended to provide
that as in the case of other union territories with Legislatures, the power of President
to make regulations for the Union Territory of Arunachal Pradesh may be exercised
only when the assembly is either dissolved or its functions remain suspended.
-
The Constitution (Thirty-eighth Amendment) Act, 1975---This Act amended Articles
123, 213 and 352 of the Constitution to provide that the satisfaction of President
or Governor contained in these Articles would be called in question in any court
of law.
- The Constitution (Thirty-ninth Amendment) Act, 1975---By this Act, disputes
relating to the election of President, Vice-President, Prime Minister and Speaker
are to be determined by such authority as may be determined by Parliamentary Law.
Certain Central enactments were also included in the Ninth Schedule by this Act.
- The Constitution (Fortieth Amendment) Act, 1976---This
act provided for vesting
in the Union of all mines, minerals and other things of value lying in the ocean
within the territorial waters or the continental shelf or the exclusive economic
zone of India. It further provided that all other resources of the exclusive economic
zone of India shall also vest in the Union. This act also provided that the limits
of the territorial waters, the continental shelf, the exclusive economic zone and
the maritime zones of India shall be as specified from time to time by or under
any law made by Parliament. Also some more Acts were added to the Ninth Scheme.
- The Constitution (Forty-first Amendment) Act, 1976---By this Act, Article 316
was amended to raise the retirement age of Members of State Public Service Commissions
and Joint Public Service Commissions from 60 to 62 years.
- The Constitution (Forty-second Amendment) Act,
1976---This act made a number of important amendments in the Constitution. These amendments were mainly for purpose of giving effect to the recommendations
of Swaran Singh Committee. Some of the important amendments made are for the purpose
of spelling out expressly the high ideals of socialism, secularism and the integrity
of the nation, to make the Directive Principles more comprehensive and giving them
precedence over those Fundamental Rights which have been allowed to be relied upon
to frustrate socio-economic reforms. The amendment Act also inserted a new chapter
on the Fundamental Duties of citizens and made special provisions for dealing with
anti-national activities, whether by individuals or by associations. The judiciary
provisions were also amended by
providing for a requirement as to the minimum number
of judges for determining question as to the constitutional validity of law and
for a special majority of not less than two-third for declaring any law to be constitutionally
invalid. To reduce the mounting arrears in High Courts and to secure the speedy
disposal of service matters, revenue matters and certain other matters of special
importance in the context of socio-economic development and progress, this amendment
Act provided for the creation of Administrative and other tribunals for dealing
with such matters while preserving the jurisdiction of the Supreme Court in regard
to such matters under Article 136 of the Constitution. Certain modifications in
the writ jurisdiction of High Courts under Article 226 were also made.
- The Constitution
(Forty-third Amendment) Act, 1977---This Act inter alia provided for the restoration
of the jurisdiction of the Supreme Court and
High Courts, curtailed by the enactment
of the Constitution (Forty-second Amendment) Act, 1976 and accordingly Articles
32A, 131 A, 144A, 226A and 228A included in the Constitution by the said amendment,
were omitted by this Act. The Act also provided for the omission of Article 31 which
conferred special powers on Parliament to enact certain laws in respect of anti-national
activities.
- The Constitution (Forty-fourth Amendment) Act, 1978---The right
to property which had been the occasion for more than one amendment of Constitution
was omitted as a Fundamental Right and it was made only as a legal right. It was,
however, ensured that the removal of the right to property from the list of Fundamental
Rights would not affect the right of minorities to establish and administer educational
institutions of their choice. Article 352 of the Constitution was amended to provide
"armed rebellion" as one of the circumstances for declaration of emergency. Internal
disturbance not amounting to armed rebellion would not be a ground for the issuance
of a Proclamation. The right to personal liberty as contained in Articles 21 and
22 is further strengthened by the provision that a law for preventive detention
cannot authorise, in any case, detention for a longer period than two months unless
an Advisory Board has reported that there is sufficient cause for such detention.
The additional safeguard has also been provided by the requirements that Chairman of an Advisory Board shall be a serving Judge of the appropriate High Court and
that the Board shall be constituted in accordance with the recommendations of the
Chief Justice of that High Court. With a view to avoiding delays, Articles 132 and
134 were amended and a new Article 134A was inserted to provide that a High Court
should consider the question of granting a certificate for appeal to Supreme Court
immediately after the delivery of the judgement, final order or sentence concerned
on the basis of an oral application by a party or, if the High Court deems it so
to do, on its own. The other amendments made by the Act are mainly for removing
or correcting the distortions which came into the Constitution by reason of the
amendment initiated during the period of internal emergency.
- The Constitution
(Forty-fifth Amendment) Act, 1980---This was passed to extend safeguards in respect of reservation of seats
in Parliament and State Assemblies for Scheduled Castes,
Scheduled Tribes as
well as for Anglo-Indians for a further period of ten years.
- The Constitution (Forty-sixth Amendment) Act, 1982---Article 269 was amended so
that the tax levied on the consignment of goods in the course of inter-state or
commerce shall be assigned to the states. This Article was also amended to enable
Parliament to formulate by law principle for determining when a consignment of goods
takes place in the course of inter-state trade or commerce. A new 92B was also inserted
in the Union List to enable the levy of tax on the consignment of goods such consignment
takes place in the course of inter-state trade or commerce. Clause (3) of Article
286 was amended to enable Parliament to specify, by law, restrictions an conditions
in regard to the system of levy rates and other incidence of tax on the transfer
of goods involved in the execution of a works contract, on the delivery of goods
on hire-purchase or any system of payment of instalments, etc. Article 366 was also
suitably amended to insert a definition of "tax on the sale or purchase goods" to
include transfer for consideration of controlled commodities, transfer of property
in goods involved in the execution of a works contract, delivery of goods on hire-purchase
or any system payment by instalments, etc.
- The Constitution (Forty-seventh Amendment)
Act, 1984---This amendment is intended to provide for the inclusion of certain land
Reforms Acts in the Ninth Schedule to the Constitution with a view to obviating
the scope of litigation hampering the implementation process of those Acts.
-
The Constitution (Forty-eighth Amendment) Act, 1984---The Proclamation issued by
President under Article 356 of the Constitution with respect to the State of Punjab
cannot be continued in force for more than one year unless the special conditions
mentioned in clause (5) of the said Article are satisfied. As it is felt that the
continued force of the said Proclamation is necessary, therefore, the present amendment
had been effected so as to make the conditions mentioned in clause (5) of Article
356 inapplicable in the instant case.
- The Constitution (Forty-ninth Amendment)
Act, 1984---Tripura Government recommended that the provisions of the Sixth Schedule
to the Constitution may be made applicable to tribal areas at that State. The amendment
involved in this Act is intended to give a constitutional security to the autonomous
District Council functioning in the State.
- The Constitution (Fiftieth Amendment)
Act, 1984---by Article 33 of the constitution, Parliament is empowered to enact
laws determining to what extent any of the rights conferred by Part III of the constitution
shall, in their application to the members of the armed forces or the forces charged
the maintenance of public order, be restricted or abrogated so as to ensure proper
discharge or their duties and maintenance of discipline among them. It was proposed
to amend Article 33 so as to bring within its ambit: (i) the members of the Force
charged with the protection of property belonging to or in the charge or possession
of the state; or (ii) persons employed in any bureau or other organisation established
by the state for purposes of intelligence or counter-intelligence; or (iii) persons
employed in or in connection with the telecommunication systems set up for the purposes
of any Force, bureau or organisation. Experience has revealed that the need for
ensuring proper discharge of their duties and maintenance of discipline among them
is of paramount importance in the national interest.
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