TRUE MENTORS BY ARUN KUMAR AIR-5 SSC CGL 2023

Arun Kumar
(SSC CGL-2023 AIR -5)

Indian
Polity Notes
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 TRUE MENTORS BY ARUN KUMAR AIR-5 SSC CGL 2023

AMENDMENT OF THE CONSTITUTION

(Article 368- Part-20)
 Amendment of the Constitution - borrowed from South Africa
 Article 368 - power of parliament to amend the constitution and its procedures.
 Parliament cannot amend the ‘basic structure’ of the Constitution. - SC in
the Kesavananda Bharati case (1973).

Procedure Constitutional Amendment-Article-368 XX Part

 An amendment of the Constitution bill can be initiated in either House of Parliament
 Each House must pass the bills separately (Special majority)
 The bill can be introduced either by a minister or by a private member
 Does not require prior permission of the president.
 No Provision of Joint Sitting
 The president can neither withhold his assent to the bill nor return the bill for
reconsideration of the Parliament
 After the president’s assent, the bill becomes an Act (a constitutional amendment act)

Two types of amendments -Article 368

1. By a special majority of Parliament -
 Amendment in DPSP and FRs

2. By Special majority of parliament + Consent of half of the state’s legislatures by a

simple majority.
 the election of President, Supreme Court and High Courts, GST Council

There are four types of Majorities

 Absolute Majority-more 50% of total Strength (General Election)
 Effective Majority-more than 50% of the effective strength. It excludes vacant seat,
(Removal of Vice President, Lok Sabha Speaker & Deputy Speaker)
 Simple Majority-more than 50% of the total members present and voting
 Special Majority- 2/3rd of members presents and voting

By Simple majority of the two Houses of Parliament (Outside the Scope of 368)
a. Formation of State and alteration of areas, boundaries or names of existing states,
b. Abolition or creation of legislative councils in states by Parliament
c. Use of official Language
d. Citizenship – acquisition, and termination,
e. Fifth Schedule– administration of scheduled areas and scheduled tribes,
f. Sixth Schedule – administration of tribal areas.
g. Elections to Parliament and state legislatures,
h. To pass ordinary bills, Money Bills, Financial Bills
i. To declare a state emergency, -President’s rule in the state
j. To declare a financial emergency in the country

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 TRUE MENTORS BY ARUN KUMAR AIR-5 SSC CGL 2023

Important Amendments in the India Constitution

Sl. Amendments Description
No
1 First Amendment Act, 1951 The Ninth Schedule was added.
2 7th Amendment Act, 1956 The concept of a joint High Court for two or more states was
presented.
The establishment of Union Territories was proposed.
3 21st Amendment Act, 1967 Sindhi was included in the Indian Constitution’s 8th Schedule.
4 31st Amendment Act, 1972 The number of Lok Sabha seats was raised from 525 to 545.
5 35th Amendment Act, 1974 Sikkim was elevated to the status of ‘Associate State’ of India.
6 36th Amendment Act, 1975 Sikkim was elevated to the status of a full-fledged state of India.
7 52nd Amendment Act, 1985 10th Schedule was added to include anti-defection legislation
8 61st Amendment Act, 1989 Voting age was reduced from 21 to 18.
9 65th Amendment Act, 1990 Created a multi-member National Commission for SC/STs
10 69th Amendment Act, 1991 The Union Territory of Delhi was designated as the ‘National
Capital Territory of Delhi.’
11 71st Amendment Act, 1992 Added Konkani, Manipuri, and Nepali (Total become-18)
12 73rd Amendment Act, 1992 Constitutional status to Panchayati Raj institutions.
13 74th Amendment Act, 1992 Constitutional status to Local governments in cities
14 86th Amendment Act, 2002  The newly-added Article 21-A free and compulsory
education to all children of the age of 6-14
 A new fundamental duty under Article 51-A, – It shall be
the duty of every citizen of India who is a parent or guardian
to provide opportunities for education to his child or ward
between the age of 6-14 years
15 91st Amendment Act, 2003 Council of Ministers shall not exceed 15% of the total strength of
the Lok Sabha
16 92nd Amendment) Act, 2003 Added Bodo, Dogri, Maithili and Santali (Total become-22)
17 97th Amendment Act, 2012 Gave Constitutional status & protection to co-operative societies
18 99th Amendment Act, 2014 Formed National Judicial Appointment Commission (NJAC)
In 2015, the SC declared this CAA unconstitutional and void.
19 100th Amendment Act, 2015 Est. the exchange of some territory’s b/w Bangladesh and India
20 101stAmendment Act, 2016 The Goods and Services Tax (GST) was implemented.
21 102nd Amendment Act, 2018 Constitutional Status to National Commission for Backward
Classes was granted
22 103rd Amendment Act, 2019 10% of seats for EWS of citizens.

23 104th Amendment Act, 2020  Extension of deadline for the cessation of seats for SCs and
STs in the Lok Sabha and state assemblies for 10 years
 Removal of the reserved seats for the Anglo-Indian
community in the Lok Sabha and state assemblies.
24 105 Amendment Act, 2021 Restored state governments' power to prepare the Socially and
Educationally Backward Classes (SEBC) list
25 106th Amendment Act, 2023 Reserves 1/3 of seats for women in Lok Sabha, SLA, and the
Legislative Assembly of the National Capital Territory of
Delhi

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 TRUE MENTORS BY ARUN KUMAR AIR-5 SSC CGL 2023

42nd Amendment 1976 Called ‘Mini Constitution’

Preamble  For the words “Sovereign Democratic Republic”, the words “Sovereign
Socialist Secular Democratic Republic” was substituted
 For the words “unity of the Nation”, the words “unity and
integrity of the Nation” was substituted.
7th Transferred five subjects from the state list to the concurrent list:
Schedule 1. Education
2. Forests
3. Weights & Measures
4. Protection of Wild Animals and Birds
5. Administration of Justice
Article 51A 10 Fundamental Duties added for the citizens, recommendations of the Swaran
Singh Committee.
Articles Part XIV-A added entitled as ‘Tribunals dealing with Administrative matters’ and
323A and ‘Tribunals for other matters’
323B, Part
XIV-A
DPSPs Three new DPSP added to the existing list of DPSPs and one was amended:
 Article -39-To secure opportunities for the healthy development of children
 Article-39A-To promote equal justice and to provide free legal aid to the poor
 Article-43A-To take steps to secure the participation of workers in the
management of industries
 Article-48A-To protect and improve the environment and to safeguard forests
and wildlife

44th Amendment Act, 1978

44th CAA,  Replacement of the term “internal disturbance” with “armed rebellion” in
1978 respect of national emergency.
 Made the President declare a national emergency only on the written
recommendation of the cabinet.
 Deletion of the right to property from the list of Fundamental Rights
(Article 31), making it a legal right (Article 300A)
 Provided that the fundamental rights guaranteed by Articles 20 and 21
cannot be suspended during a national emergency.
 Added Section-2 to Article-38 - State to minimize inequalities in income,
status, facilities, and opportunities

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