Evolution of Indian Constitution: Key Amendments and Their Impact

The Indian Constitution has undergone extensive amendments to address evolving societal needs and challenges. This article explores significant amendments, from early changes in fundamental rights to recent updates on reservation policies and gender representation. Understanding these amendments helps us appreciate the Constitution’s adaptability and the ongoing effort to balance its core values with contemporary demands.

Significant Amendments

First Constitutional Amendment of 1951

• • Special Provisions for Backward Classes: Empowered the state to make special provisions for the advancement of socially and economically backward classes. 
  • Protection of Laws on Estate Acquisition: Provided for the saving of laws providing for acquisition of estates. etc. 
  • Introduction of the Ninth Schedule: Introduced the Ninth Schedule to protect laws about land reforms and other included laws from being reviewed by courts.
  • Expanded Limitations on Free Speech: Added three more reasons to limit free speech, like keeping public order and maintaining good relations with other countries. These limitations must be fair and can be judged by the law.
  • Control of Trade and Business: Stated that if the government takes control of trade or business, it doesn’t break the right to do business or trade.

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Fourth Constitutional Amendment of 1955

• • Compensation for Compulsory Acquisition: Made the scale of compensation given in lieu of compulsory acquisition of private property beyond the scrutiny of courts. 
  • Nationalization of Trade: Allowed the government to nationalize any trade
  • Expansion of the Ninth Schedule: Added more laws to a special list (Ninth Schedule).
  • Extended Scope of Article 31A: Expanded the scope of Article 31A (which saves certain laws) 

Seventh Constitutional Amendment of 1956

• Redefinition of State and Union Territory Classification: The new law got rid of the old way of dividing states into four groups – Part A, Part B, Part C, and Part D. Instead, it created 14 states and 6 union territories.
• High Court Jurisdiction in Union Territories: The new law allowed high courts to handle cases in union territories.
• It said that two or more states could share one high court.
• Appointment of Additional or Acting High Court Judges: The law also made it possible to appoint additional or acting judges in the high court.

Eleventh Constitutional Amendment Act of 1961

• Revised Method for Electing the Vice-President: The way we choose the Vice-President was changed. Now, instead of both Houses of Parliament meeting together, a special group  of people called the electoral college decides.
• Immunity of Presidential and Vice-Presidential Elections: It’s now a rule that no one can question the election of the President or Vice-President because of any empty seats in the electoral college that chooses them.

Sixteenth Constitutional Amendment Act of 1963

• Expanded Government Power to Limit Free Speech and Gatherings: Gave the government the power to make more rules limiting free speech, peaceful gatherings, and forming groups to protect India’s unity and safety.
• Inclusion of Unity and Safety Promises: Added promises about preserving India’s unity and safety to the oaths that people running for government, lawmakers, ministers, judges, and the Comptroller and Auditor General (CAG) must take.

Eighteenth Constitutional Amendment Act of 1966

• Clarified that the power of Parliament to form a new state also Includes a power to form a new state or union territory by uniting It part of a state or a union territory to another state or union territory.

Twenty-Fourth Amendment Act of 1971

• Reaffirmed Parliament’s Power: Reiterated the power of Parliament to amend any part of the Constitution, including fundamental rights.
• Mandatory Presidential Assent: Made it mandatory for the president to give his assent to a Constitutional Amendment Bill.

Twenty-fifth Constitutional Amendment Act of 1971

• Curtailed the fundamental right to property
• Protection of Laws Implementing Directive Principles: Provided that any law made to give effect to the Directive Principle contained in Article 39 (b) or (c) cannot be challenged on the ground of violation of the rights guaranteed under Article 14, 19 and 31

Thirty-Ninth Constitutional Amendment Act of 1975

• Exclusion of Judicial Review: Placed the disputes relating to the President, Vice-President, Prime Minister and Speaker beyond the scope of the judiciary. They are to be decided by such authority as may be determined by the Parliament. 
• Included certain Central acts in the Ninth Schedule.  

Forty Second Amendment Act of 1976

 Considered as one of the most contentious changes to the Constitution, introduced during a time of internal emergency. 

• Due to the extensive and notable alterations it brought about, it has frequently been described as a ‘Mini  Constitution.‘

• Forty-Fourth Constitutional Amendment Act of 1978 

The 44th Amendment to the Indian Constitution was brought into effect by the Janata Party Government after winning the 1977 general elections. 

• Key Amendments & Importance:
  • Reclassification of the Right to Property: It reclassified the right to property, moving it from the list of Fundamental Rights to a legal right.
  • Reinstatement of the 5-Year Term: The original 5-year term for the Lok Sabha and state legislative assemblies was reinstated.
  • Restoration of Quorum Provisions: Provisions regarding quorum in the Parliament and state legislatures were restored.
• Significant contributions of the 44th Amendment:
  • Restoration of Balance: It restored the balance among the judiciary, executive, and legislative branches, which had been disrupted by the 42nd amendment.
  • Safeguarded the freedom and liberties of citizens.
  • Provided protection against the misuse of emergency provisions.
  • Reestablished democratic and Constitutional values: preventing the possibility of an authoritarian regime.

Fifty Second Constitutional Amendment Act of 1985

This amendment tackled the issue of instability caused by elected representatives frequently changing their party affiliations. 

• Key Amendments & Significance:

• • The 10th Schedule was added to the Constitution, outlining the process for disqualifying legislators due to defection.
  • The 91st amendment in 2001 reinforced the anti-defection law by removing the exception that previously allowed defection in case of a split.
• Significant contributions of the 52nd amendment include:
  • Strengthening Indian parliamentary democracy by discouraging unethical political defections.
  • Providing stability to the government by preventing frequent changes in party allegiance.
  • Encouraging party discipline and preventing the breach of the people’s trust due to defection.

Sixty First Constitutional Amendment Act of 1989 

Reduced the voting age from 21 to 18 , leading to political empowerment of Youth and widening of the base of democracy.

Sixty nine Constitutional Amendment Act of 1991

 Gave special status to Delhi , redesignated the UT’s of Delhi as the “ National Capital Territory of Delhi “.

73rd and 74th Constitutional Amendments, 1992

These amendments bestowed Constitutional recognition upon Panchayati Raj Institutions (PRIs) and municipalities. Key Amendments & Their Importance

• Mandatory Implementation of Panchayati Raj Institutions (PRIs): The amendments made PRIs part of the enforceable section of the Constitution, making it mandatory for states to implement this system.
• Shift to Participatory Democracy: They shifted the focus from representative democracy to participatory democracy.
• The noteworthy outcomes of these amendments are as follows:
  • Decentralization and Community Participation: Greater decentralization and heightened community participation in devising and executing programs, leading to enhanced accountability.
  • Enhanced Political Representation: for women, Scheduled Castes (SCs), and Scheduled Tribes (STs).

75th Constitutional Amendment Act 1994

 It modified article 323B and established State-level Rent Tribunals. 

• Its regulation and control and tenancy issues include the rights, title, and interest of landlords and tenants.

93rd Constitutional Amendment Act 2005

This law allows the state to create special provisions to help people who are socially and educationally disadvantaged, like Scheduled Castes, Scheduled Tribes, and backward classes, get access to education. 

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• These rules apply to all educational places, even private ones, that get some help from the government, except for minority educational places.

Some Latest Amendments Include:

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