By Hasna sherin
b)Major Constitutional Amendments with Special reference to, 1, 42, 44, 52, 86, 101
As of January 2020, there have been 104[1] amendments of the Constitution of India since it was first enacted in 1950.
There are three types of amendments to the Constitution of India of which second and third type of amendments are governed by Article 368.
The first type of amendments includes that can be passed by “simple majority” in each house of the Parliament of India.
The second type of amendments includes that can be effected by the parliament by a prescribed “special majority” in each house; and
The third type of amendments includes those that require, in addition to such “special majority” in each house of the parliament, ratification by at least one half of the State Legislatures.
The third type amendments that are made to the constitution are amendments No. 3, 6, 7, 8, 13, 14, 15, 16, 22, 23, 24, 25, 28, 30, 31, 32, 35, 36, 38, 39, 42, 43, 44, 45, 46, 51, 54, 61, 62, 70, 73, 74, 75, 79, 84, 88, 95, 99, 101, 102, 103 and 104
2nd
Amendment :1
(Enforced since;10 May 1951)
Objectives :
Added special provision for the advancement of any socially and educationally backward clasbses or for the Scheduled Castes and Scheduled Tribes (SCs and STs). To fully secure the constitutional validity of zamindari abolition laws and to place reasonable restriction on freedom of speech. A new constitutional device, called Schedule 9 introduced to protect against laws that are contrary to the Constitutionally guaranteed fundamental rights. These laws encroach upon property rights, freedom of speech and equality before law
Amendment:42nd
(Enforced since ; November 1976)
Objectives :
Amendment passed during internal emergency by Indira Gandhi. Provides for curtailment of fundamental rights, imposes fundamental duties and changes to the basic structure of the constitution by making India a “Socialist Secular” Republic.
However, the Supreme Court, in Minerva Mills v. Union of India, quashed the amendments to Articles 31C and 368 as it was in contravention with the basic structure of the Constitution
Amendment:44th
(Enforced since ;6 September 1978)
Objectives :
Amendment passed after revocation of internal emergency in the Country. Provides for human rights safeguards and mechanisms to prevent abuse of executive and legislative authority. Annuls some Amendments enacted in Amendment Bill 42.
Amendment :52nd
(Enforced since ;15 february 1985)
Objectives :
Anti Defection Law – Provide. Amendments Enforced since Objectives Prime Minister President
1st 15, 19, 85, 87, 174, 176, 341, 342, 372 and 376.
Insert articles 31A and 31B.
Insert schedule 9.[4] 10 May 1951 Added special provision for the advancement of any socially and educationally backward classes or for the Scheduled Castes and Scheduled Tribes (SCs and STs). To fully secure the constitutional validity of zamindari abolition laws and to place reasonable restriction on freedom of speech. A new constitutional device, called Schedule 9 introduced to protect against laws that are contrary to the Constitutionally guaranteed fundamental rights. These laws encroach upon property disqualification of members from parliament and assembly in case of defection from one party to other. However, parts of the 10th Schedule to the Constitution of India was struck down by the Supreme Court in the case of Kihoto Hollohan v. Zachillhu 1992 SCR (1) 686, for being in contravention with Article 368 of the Constitution.
Amendment :86th
(Enforced since ;12 December 2002)
Objectives :
Provides Right to Education until the age of fourteen and Early childhood care until the age of six.
Amendment :101
(Enforced since ;1 July 2017)
Objectives :
Introduced the Goods and Services Tax.
