1. The Basic Structure Of The Constitution

Constitutional Amendment is the process of making changes to the Constitution. Article 368 in Part XX of the Constitution provides the amending powers to the parliament.

“Constitution is not a mere lawyers document, it is a vehicle of Life, and its spirit is always the spirit of Age.”

• It empowers the state to take affirmative action for the advancement of socially and economically backward classes or categories of Scheduled Castes and Scheduled Tribes.
• It was aimed to implement Land Reforms and Zamindari abolition.
• Added the ninth schedule to protect anti-zamindari laws from judicial review.
• Added public order, friendly relations with foreign states, and incitement to an offense as the additional grounds for reasonable restrictions on the freedom of speech and expression. It also made it justiciable.
• It provided that state trading and nationalization of any business would not be considered against the right to trade or business.

• Empowered state to nationalize any trade.
• Provided that the compensation amount given by the state for the acquisition of property, can not be challenged in court on the grounds of insufficiency.
• Added more laws in the ninth schedule and expanded the scope of article 31 (C).

• Reorganized the Indian states as 14 states and 6 UTs. Abolished the old A, B, C, and D categorization of states.
• Provided the common high court for two or more states, and extended the jurisdiction of HC to UTs. Also provided additional acting judges to HC.

• Provided for the cession of the Indian territory named Berubari Union ( West Bengal) to Pakistan as a commitment made under the Indo-Pakistan Agreement (1958).

• Acquired the Dadra, Nagar and Haveli as a Union Territory from Portugal.

• Altered the method for electing the Vice President by instituting an electoral college system, replacing the previous practice of a joint session of the two Houses of Parliament.
• Also made it clear that any vacancy in the electoral college would not be the reason to challenge the election of the President or Vice President.

• Added Goa, Daman and Diu to the Indian Union.

• Made Nagaland a state and provided special provisions for it.

• Added Puducherry to the Indian Union.
• The Union Territories of Himachal Pradesh, Manipur, Tripura, Goa, Daman and Diu, and Puducherry are provided with legislatures and a Council of Minister.

• Made fair compensation (based on market value) compulsory for the state for the acquisition of privately cultivated land.
• Added 44 other Acts in the Ninth Schedule.

• Provided that the Parliament can form a new state by uniting a part of a state or a union territory to another state or union territory.
• Created Punjab and Haryana as new states.

• Added Sindhi as the 15th language in the Eighth Schedule.

• Reasons for this amendment: This Amendment Act was brought in the aftermath of the Golaknath case (1967) in which the Supreme Court held that the Parliament could not take away any fundamental rights through the constitutional amendment.
• It made it clear that the parliament has the power to amend any part of the Constitution including Article 13 by using Article 368.
• Made it obligatory for the President to give assent to a Constitutional Amendment Bill.

• Curtailed the Fundamental Right to Property.
• It made it clear that a law made to fulfill the provisions of the Directive Principles contained under Article 39 (b) or (c) cannot be challenged on the ground it violates the fundamental rights given in Articles 14, 19, and 31.

• It removes the privy purses and privileges of the former monarchical rulers of princely states.

• Reason for the Amendment: An increase in the population of India was revealed in the Census of 1971.
• Increased the number of Lok Sabha seats from 525 to 545.

• It changed Articles 101 and 190 and provided that the Chairman/Speaker of the House can reject the resignation of MP if he found it ingenuine or non-voluntary.

• It changed the protectorate status of Sikkim and assigned it a status of an associate state of the Indian Union.
• The Tenth Schedule was added to fix the terms and conditions of such engagement of Sikkim with the Indian Union.

• Ended the protectorate status of Sikkim and granted it the position of an associate state within the Indian Union.
• Tenth Schedule was added to specify the terms and conditions of Sikkim's association with the Indian Union.

• Provided that the declaration of emergency by the President can not be challenged in a court of law.
• Provided that the promulgation of ordinances by the President, governors, and administrators of Union territories can not be challenged in a court of law.
• Provided that the President could declare different proclamations of national emergency on different grounds simultaneously.

• It is also known as the ‘ Mini-constitution’, as it made very comprehensive changes to the Constitution of India.
• It amended the preamble and added the words - socialist, secular, and integrity.
• Added Fundamental Duties for the citizens by including new Part IV A.
• Exclusively made cabinet advice binding on the President.
• By adding Part XIV A, it provided for administrative tribunals and tribunals for other matters
• It froze the seats for the Lok Sabha and state legislative assemblies census till 2001, on the basis of 1971.
• Restricted the judicial review for the Constitutional Amendment Act.
• Limited the power of judicial review and writ jurisdiction of the Supreme Court and High Courts.
• Increased the tenure of Lok Sabha and state legislative assemblies from 5 to 6 years.
• Included new Directive Principles - (a) equal justice and free legal aid, (b) participation of workers in the management of industries, and (c) protection of the environment, forests, and wildlife.
• Provided the proclamation of national emergency now for a part of the territory of India.
• Raised the one-time duration of the President's rule in a state from earlier 6 months to one year.
• Created the All-India Judicial Service.

• This was also the comprehensive amendment which was mainly brought to undo the actions of the 42nd amendment. It introduced some important provisions.

1. Changed the term of the Lok Sabha and the state legislative assemblies again to the original 5 years.
2. Provided the president can send back the advice of the cabinet for reconsideration.
3. Changed the phrase “internal disturbance” with “armed rebellion” as a ground to proclaim a National Emergency.
4. Removed the right to property from the list of Fundamental Rights and provided it only as a legal right.
5. Provided that fundamental rights under Articles 20-21 can not be suspended during a national emergency.

• The Tenth schedule was added as a measure to address the issue of defection.

• The legal voting age changed from 21 to 18 years for Lok Sabha as well as Legislative Assemblies.

• It provided a special status to Delhi as the ‘National Capital Territory of Delhi.’
• Provided a legislative assembly and the council of ministers for Delhi.

• Added Konkani, Manipuri, and Nepali languages in the Eighth Schedule.

• Provided constitutional status for the Panchayati Raj institutions.
• Added Part-IX and 11th Schedule.

• Provided constitutional status for the Urban Local Bodies.
• Part IX-A and the 12th Schedule were added.

• Provided the Right to Education as a fundamental right (part III of the Constitution).
• The new article inserted Article 21A which made free and compulsory education for children between 6-14 years.
• Added a new Fundamental Duty under Article 51 A.

• Provided Service Tax under Article 268-A – which was levied by the Union and collected and appropriated by the Union as well as the States.

• Added Bodo, Dogri (Dongri), Maithili, and Santhali in the Eighth schedule

• Provided for the extended reservation for the SCs and STs and special representation to the Anglo-Indian community in the Lok Sabha and the state legislative assemblies for ten more years (Article 334).

• Part IX-B added to the constitution for Cooperative societies and made it a constitutional right.
• The right to form cooperative societies became a fundamental right under Article 19.
• Article 43-B was inserted as a DPSP to promote cooperative societies.

• Provided for Goods and Service Tax (GST).

• The National Commission for Backward Classes (NCBC) became a constitutional body.

• Granted 10% Reservation for Economically Weaker Sections of citizens of classes other than the classes mentioned in clauses (4) and (5) of Article 15

• Changed the reservation of seats for SCs and STs in the Lok Sabha and state assemblies from Seventy years to Eighty.
• Ended the reservation of seats for the Anglo-Indian community in the Lok Sabha and state assemblies.