Sixty-first Amendment Act, 1989The Act provides for reducing voting age from 21 to 18 years by amending Article 326 of the Constitution to provide to the unrepresented youth of the country an opportunity to give vent to their feelings and help them become a part of political process.
Sixty-second Amendment Act, 1989Article 334 of the Constitution lays down that the provisions of the Constitution relating to the reservation of seats for the Scheduled Castes and the Scheduled Tribes and the representation of the Anglo-Indian community by nomination in the Lok Sabha and in the Legislative Assemblies of the States shall cease to have effect on the expiry of a period of 40 years from the commencement of the Constitution. Although the Scheduled Castes and the Scheduled Tribes have made considerable progress in the last 40 years, the reasons which weighed with the Constituent Assembly in making provisions with regard to the aforesaid reservation of seats and nomination of members, have not ceased to exist. The Act amends Article 334 of the Constitution to continue the reservation for the Scheduled Castes and the Scheduled Tribes and the representation of the Anglo-Indians by nomination for a further period of 10 years. Sixty-third Amendment Act, 1989The Constitution (Fifty-ninth Amendment) Act, 1988 was enacted in March 1988 making certain changes in regard to making a Proclamation of Emergency in Punjab and to the duration of President's rule in State. On reconsideration, the Government decided that the special powers in regard to the Proclamation of Emergency in Punjab as envisaged in the said amendment is no longer required. Accordingly the provision to clause (5) of Article 356 and Article 359A of the Constitution have been omitted. Sixty-fourth Amendment Act, 1990Thus Act amends clauses (4) and (5) of Article 356 of the Constitution with a view to facilitate the extension of the proclamation issued under clause (1) of Article 356 of the Constitution on 11th May 1987 upto a total period of three years and six months in relation to the State of Punjab. Sixty-fifth Amendment Act, 1990Article 338 of the Constitution provides for a Special Officer for the Scheduled Castes and Scheduled Tribes to investigate all matters relating to the safeguards provided for the Scheduled Castes and Scheduled Tribes under the Constitution and to report to the President on their working. The Article has been amended for the constitution of a National Commission for Scheduled Castes and Scheduled Tribes consisting of a Chairperson, Vice Chairperson and five other Members who shall be appointed by the President by warrant under his hand and seal. The amended Article elaborates the duties of the said Commission and covers measures that should be taken by the Union or any state for the effective implementation of the reports presented by the Commission. It also provides that the Commission shall, while investigating any matter or inquiring into any complaint have all the powers of a Civil Court trying a suit and the reports of the said Commission shall be laid before Parliament and the Legislature of the states. Sixty-sixth Amendment Act, 1990The Act protects 55 State Acts relating to land reforms and ceiling on agricultural land holdings enacted by States of Andhra Pradesh, Bihar, Gujarat, Himachal Pradesh, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Orissa, Rajasthan,Tamilnadu, Uttar Pradesh, West Bengal and administration of the Union Territory of Puducherry, from challenge in courts, by including them in the Ninth Schedule to the Constitution. Sixty-seventh Amendment Act, 1990The three year period in the case of proclamation issued on 11th May 1987 with respect to the State of Punjab was extended to three years and six months by the Constitution (Sixty-fourth Amendment) Act, 1990. This Act further amends clause (4) of Article 356 so as to further extend the period upto a total period of four years. Sixty-eighth Amendment Act, 1991The three year period in the case of proclamation issued on 17th May 1987 with respect to the State of Punjab was earlier extended to four years by the Constitution (sixty-seventh Amendment) Act, 1990. This Act further amends clause (4) of Article 356 so as to further extend the period upto a total period of five years. Sixty-ninth Amendment Act, 1991The Government of India appointed on 24th December 1987 a Committee to go into various issues connected with the administration of Delhi and to recommend measures, inter alia for the streamlining of the administrative set up. After detailed inquiry and examination, it recommended that Delhi should continue to be a union territory and may be provided with a Legislative Assembly and a Council of Ministers responsible to such assembly with appropriate powers to deal with matters of concern to the common man. The Committee also recommended that with a view to ensuring stability and permanence, arrangements should be incorporated in the constitution to give the national capital a special status among the union territories. This act has been passed to give effect to the above recommendations. Seventieth Amendment Act, 1992While considering the (Seventy-fourth Amendment) Bill, 1991 and the Government of National Capital Territory Bill, 1991 views were expressed in both the Houses of Parliament in favour of including also the elected members of the legislative assemblies of union territories in the electoral college for the election of the President under Article 54 of the Constitution. At present Article 54 relating to the election of the President provides for an electoral college consisting of only the elected Members of Parliament as well as the legislative assemblies of the states (not of union territories). Similarly, Article 55 providing for the manner of such election also speaks of legislative assemblies of states. Accordingly, an Explanation was inserted in Article 54 to provide that reference to 'State' in Article 54 and 55 would include the National Capital Territory of Delhi and the Union Territory of Puducherry for constituting the electoral college for election of the President. This would enable the elected members of the Legislative Assembly created for the Union Territory of Puducherry under the provisions of Article 239A and of the proposed Legislative Assembly of the National Capital Territory of Delhi under Article 239AA to be included in the electoral college. Seventy-first Amendment Act, 1992There have been demands for inclusion of certain languages in the Eighth Schedule to the Constitution. This Act amends the Eighth Schedule to the Constitution to include Konkani, Manipuri and Nepali languages in the Eighth Schedule to the Constitution. Seventy-second Amendment Act, 1992For restoring peace and harmony in the areas of the State of Tripura where disturbed conditions prevailed, a Memorandum of Settlement was signed by the Government of India with Tripura National Volunteers on 12 August 1988. In order to implement the said Memorandum, Article 332 of the Constitution has been amended by the Constitution (Seventy-second Amendment) Act, 1992 for making a temporary provision for the determination of the number of seats reserved for the Scheduled Tribes in the State Assembly of Tripura, until the re-adjustment of seats is made on the basis of the first Census after the year 2000 under Article 170 of the Constitution. Seventy-third Amendment Act, 1993Article 40 of the Constitution which enshrines one of the Directive Principles of State Policy lays down that the State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government. In the light of the above, a new Part IX relating to the Panchayats has been inserted in the Constitution to provide for among other things, Gram Sabha in a village or group of villages; constitution of Panchayats at village and other level or levels; direct elections to all seats in Panchayats at the village and intermediate level, if any and to the offices of Chairpersons of Panchayats at such levels; reservation of seats for the Scheduled Castes and Scheduled Tribes in proportion to their population for membership of Panchayats and office of Chairpersons in Panchayats at each level; reservation of not less than one-third of the seats for women; fixing tenure of five years for Panchayats and holding elections within a period of six months in the event of supersession of any Panchayat. Seventy-fourth Amendment Act, 1993In many states local bodies have become weak and ineffective on account of a variety of reasons, including the failure to hold regular elections, prolonged supersession and inadequate devolutions of powers and functions. As a result, Urban Local Bodies are not able to perform effectively as vibrant democratic units of self-government. Having regard to these inadequacies a new part IX-A relating to the Municipalities has been incorporated in the Constitution to provide for among other things, constitution of three types of Municipalities, i.e., Nagar Panchayats for areas in transition from a rural area to urban area, Municipal Councils for smaller urban areas and Municipal Corporations for larger urban areas. Seventy-fifth Amendment Act, 1994The operation of the Rent Control Legislations, as are today in various states, suffers from major weaknesses and has led to various unintended consequences. Some of the deleterious legal consequences include mounting and mending litigation, inability of the courts to provide timely justice, evolution of practices and systems to bypass the operations of rent legislations and steady shrinkage of rental housing market. The Supreme Court taking note of the precarious state of rent litigation in the country in case of Prabhakaran Nair and others vs. State of Tamilnadu (Civil Writ Petition 506 of 1986) and other writs observed that the Supreme Court and the High Courts should be relieved of the heavy burden of rent litigation. Tiers of appeals should be curtailed. Laws should be simple, rational and clear, litigations must come to end quickly. Therefore, this Act amends Article 323B in Part XIVA of the Constitution so as to give timely relief to the rent litigants by providing for setting up of state-level Rent Tribunals in order to reduce the tiers of appeals and to exclude the jurisdiction of all courts, except that of the Supreme Court, under Article 136 of the Constitution. Seventy-sixth Amendment Act, 1994The policy of reservation of seats in educational institutions and reservation of appointments or posts in public services for Backward Classes, Scheduled Castes and Scheduled Tribes has had a long history in Tamilnadu dating back to the year 1921. The extent of reservation has been increased by the State Government from time to time, consistent with the needs of the majority of the people and it has now reached the level of 69 per cent (18 per cent Scheduled Castes, one per cent Scheduled Tribes and 50 per cent Other Backward Classes). The Supreme Court in Indira Sawhney and others vs. Union of India and others (AIR, 1993 SC 477) on 16th November 1992 ruled that the total reservations under Article 16(4) should not exceed 50 per cent. The Tamilnadu Government enacted a legislation, namely, Tamilnadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institution and of appointments or posts in the Services under the State) Bill, 1993 and forwarded it to the Government of India for consideration of the President of India in terms of Article 31-C of the Constitution. The Government of India supported the provision of the State legislation by giving the President's assent to the Tamilnadu Bill. As a corollary to this decision, it was necessary that the Tamilnadu Act 45 of 1994 was brought within the purview of the Ninth Schedule to the Constitution so that it could get protection under Article 31B of the Constitution with regard to the judicial review. Seventy-seventh Amendment Act, 1995The Schedule Castes and the scheduled tribes have been enjoying the facility of reservation in promotion since 1955. The Supreme Court in its judgment dated 16th November 1992 in the case of Indira Sawhney and others vs. Union of India and others, however, observed that reservation of appointments or posts under Article 16(4) of the Constitution is confined to initial appointment and cannot extend to reservation in the matter of promotion. This ruling of the Supreme Court will adversely affect the interests of the Scheduled Castes and the Scheduled Tribes. Since the representation of the Scheduled Castes and the Scheduled Tribes in services in the States have not reached the required level, it is necessary to continue the existing dispensation of providing reservation in promotion in the case of the Scheduled Castes and the Scheduled Tribes. In view of the commitment of the Government to protect the interests of the Scheduled Castes and the Scheduled Tribes, the Government have decided to continue the existing policy of reservation in promotion for the Scheduled Castes and the Scheduled Tribes. To carry out this, it was necessary to amend Article 16 of the Constitution by inserting a new clause (4A) in the said Article to provide for reservation in promotion for the Scheduled Castes and the Scheduled Tribes. Seventy-eighth Amendment Act, 1995Article 31B of the Constitution confers on the enactments included in the Ninth Schedule to the Constitution immunity from legal challenge on the ground that they violate the fundamental rights enshrined in Part III of the Constitution. The Schedule consists of list of laws enacted by various State Governments and Central Government which inter alia affect rights and interest in property including land. In the past, whenever, it was found that progressive legislation conceived in the interest of the public was imperilled by litigation, recourse was taken to the Ninth Schedule. Accordingly, several State enactments relating to land reforms and ceiling on agricultural land holdings have already been included in the Ninth Schedule. Since, the Government is committed to give importance to land reforms, it was decided to include land reform laws in the Ninth Schedule so that they are not challenged before the courts. The State Governments of Bihar, Karnataka, Kerala, Orissa, Rajasthan, Tamilnadu and West Bengal had suggested the inclusion of some of their Acts relating to land reforms in the Ninth Schedule. Since the amendment to Acts which are already placed in the Ninth Schedule are not automatically immunised from legal challenge, a number of amending Acts along with a few principal Acts have been included in the Ninth Schedule so as to ensure that implementation of these Acts is not adversely affected by litigation. Seventy-ninth Amendment Act, 1999By this Act the Government has extended the reservations of seats for the Scheduled Castes and the Scheduled Tribes as well as for the Anglo-Indians in the House of the People and in the Legislative Assemblies of the States for another ten years. Eightieth Amendment Act, 2000Based on the recommendations of the Tenth Finance Commission, an alternative scheme for sharing taxes between the Union and the States has been enacted by the Constitution (Eightieth Amendment) Act 2000. Under the new scheme of devolution of revenue between Union and the States, 26 per cent out of gross proceeds of Union taxes and duties is to be assigned to the States in lieu of their existing share in the income-tax, excise duties, special excise duties and grants in lieu of tax on railway passenger fares. Eighty-first Amendment Act, 2000By this amendment the unfilled vacancies of a year which were reserved for the Scheduled Castes and the Scheduled Tribes for being filled up in that year in accordance with any provision for reservations made under Article 16 of the Constitution, shall be considered as a separate class of vacancies to be filled up in any succeeding year or years, and such class of vacancies shall not be considered together with the vacancies of the year in which they were filled up for determining the ceiling of fifty per cent reservation against total number of vacancies of that year. Eighty-second Amendment Act, 2000The amendment provides that nothing in Article 335 shall prevent the State from making any provision in favour of the members of the Scheduled Castes and the Scheduled Tribes for relaxation in qualifying marks in any examination or lowering the standards of evaluation for reservation in matters of promotion to any class or classes of services or posts in connection with affairs of the Union or of a State. Eighty-third Amendment Act, 2000The Act amended Article 243M of the Constitution to provide that no reservation in Panchayats need be made in favour of the Scheduled Castes in Arunachal Pradesh wholly inhabited by tribal population. Eighty-fourth Amendment Act, 2001The Act amended provisos to articles 82 and 170(3) of the Constitution to readjust and rationalise the territorial constitutencies in the States, without altering the number of seats allotted to each State in House of People and Legislative Assemblies of the States, including the Scheduled Castes and Scheduled Tribes constituencies, on the basis of the population ascertained at the census for the year 1991 so as to remove the imbalance caused due to uneven growth of population/electorate in different constituencies. It is also to refix the number of seats reserved for the Scheduled Castes and the Scheduled Tribes in the House of the People and the Legislative Assemblies of the States on the basis of the population ascertained at the census for the year 1991 so as to remove the imbalance caused due to uneven growth of population/electorate in different constituencies. It is also to refix the number of seats reserved for Scheduled Castes and the Scheduled Tribes in the House of the People and the Legislative Assemblies of the States on the basis of the population ascertained at the census for the year 1991. Eighty-fifth Amendment Act, 2001This Act amended article 16(4A) of the Constitution to provide for consequential seniority in the case of promotion by virtue of rule of reservation for the Government servants belonging to the Scheduled Castes and the Scheduled Tribes. It also provides retrospective effect from 17th day of June 1995. Eighty-sixth Amendment Act, 2002The Act deals with insertion of a new article 21A after article 21. The new article 21A deals with Right to Education—"The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine". Substitution of new Article for Article 45. For Article 45 of the Constitution, the following article shall be substituted, namely, Provision for early childhood care and education to children below the age of six years. Article 45: "The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years." Article 51A of the Constitution was amended and a new clause (k) was added after clause (j), namely, "(k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years." Eighty-seventh Amendment Act, 2003In Article 81 of the Constitution,in clause (3), in the proviso, in clause (ii), for the figures "1991", the figures "2001" shall be substituted.In Article 82 of the Constitution, in the third proviso, in clause (ii), for the figures "1991", the figures "2001" shall be substituted. In Article 170 of the Constitution, - (i) in clause (2), in the Explanation, in the proviso, for the figures "1991", the figures "2001" shall be substituted; (ii) in clause (3), in the Explanation, in the third proviso, for the figures "1991", the figures "2001" shall be substituted. In Article 330 of the Constitution, in the Explanation, in the proviso, for the figures "1991", the figures "2001" shall be substituted. Eighty-eighth Amendment Act, 2003 It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. After Article 268 of the Constitution, the following article shall be inserted, namely : "268A. (1) Taxes on services shall be levied by the Government of India and such tax shall be collected and appropriated by the Government of India and the States in the manner provided in clause (2). (2) The proceeds in any financial year of any such tax levied in accordance with the provisions of clause (1) shall be - (a) collected by the Government of India and the States; (b) appropriated by the Government of India and the States, in accordance with such principles of collection and appropriation as may be formulated by Parliament by law". In Article 270 of the constitution, in clause(l), for the words and figures "Article 268 and 269", the words, figures and letter "Articles 268, 268A and 269" shall be substituted. In the Seventh Schedule to the Constitution, in List I-Union List, after entry 9.2B, the following entry shall be inserted, namely : "92C. Taxes on services". Eighty-ninth Amendment) Act, 2003lt shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. In Article 338 of the Constitution, - (a) for the marginal heading, the following marginal heading shall be substituted, namely : "National Commission for : Scheduled Castes"; (b)for clauses (1) and (2), the following clauses shall be substituted, namely: "(1) There shall be a Commission for the Scheduled Castes to be known as the National Commission for the Scheduled Castes. (2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President may by rule determine"; (c)in clauses (5), (9) and (10), the words "and Scheduled Tribes", wherever they occur, shall be omitted.After Article 338 of the Constitution, the following article shall be inserted, namely: "338A. (1) There shall be a Commission for the Scheduled Tribes to be known as the National Commission for the Scheduled Tribes. (2)Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President may by rule determine. (3)The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal. (4)The Commission shall have the power to regulate its own procedure. (5)It shall be the duty of the Commission - (a) to investigate and monitor all matters relating to the safeguards provided for the Scheduled Tribes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards; (b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Tribes; (c) to participate and advise on the planning process of socio-economic development of the Scheduled Tribes and to evaluate the progress of their development under the Union and any State; (d) to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards; (e) to make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Tribes; and (f) to discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Tribes as the President may, subject to the provisions of any law made by Parliament, by rule specify. (6)The President shall cause all such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations. (7)Where any such report, or any part thereof, relates to any matter with which any State Government is concerned, a copy of such report shall be forwarded to the Governor of the State who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and reasons for the non-acceptance, if any, of any of such recommendations. (8)The Commission shall, while investigating any matter referred to in sub-clause(a) or inquiring into any complaint referred to in sub-clause (b) of clause (5), have all the powers of a civil court trying a suit and in particular in respect of the following matters, namely: (a) summoning and enforcing the attendance of any person from any part of India and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for the examination of witnesses and documents; (f) any other matter which the President may, by rule, determine. (9)The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Tribes". Ninetieth Amendment Act, 2003-ln Article 332 of the Constitution, in clause (6), the following proviso shall be inserted, namely : "Provided that for elections to the Legislative Assembly of the State of Assam, the representation of the Scheduled Tribes and non-Scheduled Tribes in the constituencies included in the Bodoland Territorial Areas District, so notified, and existing prior to the constitution of the Bodoland Territorial Areas District, shall be maintained". MORE.... (1) (2) (3) (4) |
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