List of Important Amendments of Indian Constitution for Law Entrance Exams
The list of important amendments of Indian Constitution for law entrance exams must be studied well so as to be aware of current legal scenarios & answer questions effectively during the exam.
The Constitution of India was framed and adopted in 1950 and over the years it has been amended many times. All these amendments have been instrumental in the social, legal and political development of the nation. Important amendments of Indian Constitution for law entrance exams are necessary for a good score and holistic understanding. Every law aspirant writing tests such as CLAT exam, MH CET Law, AILET, TS LAWCET, AP LAWCET, etc. should have adequate knowledge about the various amendments to the Constitution of the country. This article contains information on the most important amendments in Indian Constitution, paying specific attention to those that affect law entrance exams.
There have been quite a number of changes in the Indian Constitution in the last two decades which are significant for law entrance examinations. For the first time, the 86th Amendment Act of 2002 declared elementary education as a fundamental right and a new fundamental obligation to parents to ensure education for their children.
The 91st Amendment Act of Parliament in 2003 placed certain limits on the size of the Council of Ministers and barred the defectors from entering the corridors of power for a period of time. The 97th Constitution Amendment Act 2011 gave constitutional status to cooperative societies.
The introduction of the 99th Amendment Act of 2014 led to the constitutional formation of the National Judicial Appointments Commission (NJAC) to select the judges who would form the higher judiciary. The implementation of the GST in India was done through the 101st Amendment Act, 2016.
All these amendments have brought about changes in many areas in relation to legal education, government, and taxation. It is crucial for law aspirants to refer to these amendments for a clear understanding of the current legal structure of India.
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List of Important Amendments of Indian Constitution for Law Entrance Exams
Here’s the list of all the important amendments of Indian Constitution for law entrance exams:Amendment No. | Year | Key Changes and Provisions |
1st Amendment | 1951 | Placed restrictions on freedom of speech and expression; embodied certain laws related to the acquisition of certain types of agricultural lands; provided for a different standard of treatment for vulnerable sections of the population. |
7th Amendment | 1956 | Divided some states along linguistic lines, created new ones and also changed the geographical demarcations of some of the other ones. |
13th Amendment | 1962 | It banned the system of untouchability and provided that anyone who sought to perpetrate this system would be made to face the law. |
15th Amendment | 1963 | Extended the mandatory retirement age of new High Court judges from 60 to 62 years. |
21st Amendment | 1967 | Included the Sindhi language in the Eighth Schedule of the Constitution of the Islamic Republic of Pakistan. |
24th Amendment | 1971 | Validated the authority of Parliament to alter the basic structure of fundamental rights; reversed the verdict of the Golaknath case. |
26th Amendment | 1971 | Revoked privy purses of the rulers of princely states. |
42nd Amendment | 1976 | Called the ‘Mini Constitution’, it incorporated the terms ‘Socialist’, ‘Secular’, ‘Integrity’ in the preamble and introduced the concept of Fundamental Duties. |
44th Amendment | 1978 | Changed property from one of the rights in the Constitution to an individual right; introduced the judicial enforcement of the proclamation of states of emergency. |
61st Amendment | 1988 | Reduced the voting age from 21 years to 18 years. |
73rd Amendment | 1992 | Extended constitutional recognition to Panchayati Raj system; put in place a three tier local government structure. |
74th Amendment | 1992 | Gave constitutional status to Municipalities; provided a legal structure of urban local government. |
86th Amendment | 2002 | Guaranteed free education for every child between the ages of six to fourteen years; included a new Fundamental Duty to educate the child. |
97th Amendment | 2011 | Provided a constitutional recognition to cooperative societies; underscored the importance of cooperatives in the economy. |
100th Amendment | 2015 | Approved the treaty defining the border between two countries – Bangladesh; provided legislative amendments concerning the territories of some states. |
101st Amendment | 2016 | Implemented the Goods and Services Tax (GST); is intended to harmonise the taxation structure. |
102nd Amendment | 2018 | Conferred constitutional status to the National Commission for Backward Classes (NCBC). |
103rd Amendment | 2019 | Guaranteed 10% reservation for Economically Weaker Sections (EWS) in the matter of admissions in educational institutions and government employment. |
104th Amendment | 2019 | Continued the provision of reservation in the Lok Sabha and State Assemblies for the candidates belonging to the Scheduled Castes and Scheduled Tribes up to the year 2030. |
105th Amendment | 2021 | Dealt with matters concerning the protection of the rights of the Scheduled Castes and Scheduled Tribes in local governing bodies. |
The said amendments explain how the Indian Constitution has constantly evolved in response to the changing socio-political climate. Knowledge of these amendments is particularly significant for law students to succeed and qualify because these are one of the key provisions of the legal framework in the Republic of India.
What is an Amendment in the Indian Constitution?
The amendment to the Constitution of India is an alteration made to the provisions of the existing Constitution. Amendments are put in place to make the Constitution current as it is supposed to change in response to the changing world. Article 368 provides the provisions of Amending the Constitution.- Simple Majority: There are some provisions under which a Ministry can modify certain provisions with the approval of a majority in both the Houses of Parliament.
- Special Majority: Some revisions need a special majority meaning that they must be passed by at least two-thirds of voting members of both houses of parliament.
- Special Majority with State Ratification: When major reforms are proposed changes like the federal structure, the amendment needs the approval of at least half of the state legislatures.
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Amendment Process of the Indian Constitution
Article 368 of the Indian Constitution also provides how an amendment is made. This procedure allows Parliament to amend the Constitution, and thus, can be flexible, while always keeping a set of certain principles in mind. Here are the steps involved in the amendment process of the Indian Constitution:- Initiation: Amendment ensues as a result of the introduction of a bill in either the Lok Sabha or the Rajya Sabha. This bill can be introduced by any member of the Parliament including ministers of the government.
- Majority Requirement: The bill can only be passed with a special majority of both houses before it is sent to the president for his assent. This means it requires:
- A majority of the total membership of each House of which it forms a part,
- More than two-thirds of all the members who have physical presence at the meeting as well as the vote cast in the meeting.
- Presidential Assent: Once the bill has been agreed upon in both Houses, it is forwarded to the President for signature. The President must provide their sign of approval and cannot reject or send back the bill.
- State Ratification: If the amendment has implications on the federal system then it needs to be approved by at least half of the state assemblies. This ratification should be made prior to the time when the bill is submitted to the President.
Despite the fact that Parliament has the authority to alter the Constitution in a number of ways as noted above, such power is relative. The basic structure or the basic framework of the constitution has been preserved by the Supreme Court of India as it has laid down the cardinal principles that cannot be amended. These include the principle of the supremacy of the Constitution, the federal system of government and provisions on the recognition of fundamental rights. Therefore, any attempt at amending these principles must respect these principles so that they qualify as valid.
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The Constitution of India has also been subject to a number of changes since its formation which has considerably influenced the legal structure of the country. In the case of law entrance exams, there are a few changes that need to be made specifically. The First Amendment of 1951 dealt with issues of freedom of speech and expression as well as provisions for the election of the President of India while the Forty Second Amendment often referred to as the “Mini Constitution” which included the incorporation of the terms ‘Socialist’, ‘Secular” and ‘Integrity’ in the preamble.
The Forty-Fourth Amendment (1978) deleted property rights as a part of the fundamental rights and instead made this a legal right. Some other amendments include the Sixty-First Amendment enacted in 1988 which reduced the voting age to 18 years as well as the Eighty-Sixth Amendment enacted in 2002 which provided a right to education for children between the ages of 6 to 14.
These amendments should be understood by anyone who wants to become a law student, as they define the further development of Indian democracy and the institution of individual and state authority. All these amendments represent certain socio-political problems, which reflect the interaction between the Constitution and modern Indian realities.
Summing up, these amendments are often covered in the popular law entrance exams in India, thus, the importance of understanding these amendments’ implications is significant. An understanding of these changes is not only helpful for examination purposes but also beneficial in future law coursework and practice.
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FAQs
What are the major highlights of the 45th Amendment Act of 1980 related to the extension of reservation for Scheduled Castes and Scheduled Tribes?
The 45th Amendment Act of 1980 raised the limit to reservations for the SCs & STs to access education in medical & engineering institutions and government services. This amendment was made with an intention to bring social justice and equality hence giving continuous attempts for the upliftment of the marginalised communities which is one of the most important aspects focused in the law entrance exams where social justice issues are implied.
What are the major highlights of the 91st Amendment Act of 2003 related to the prevention of defection and its relevance for law entrance exams?
Another feature of 91st Amendment Act of 2003 mostly relates to the anti-defection laws providing for disqualification of an elected representative in the event the person switches over from one political party to the other. This amendment is important in enhancing political stability in the leadership and governance hence should be among the key areas of discussion in the law entrance exam regarding electoral laws and party politics.
What’s the provisions of the 40th Amendment Act of 1976 and its impact on the Ninth Schedule of the Constitution?
The 40th Amendment passed in 1976 thus amended the Ninth Schedule and thus incorporated laws regarding land reform and other social welfare measures that cannot be challenged in the court again. This amendment which was intended to protect agrarian reforms was causally associated with accountability and transparency in governance, concepts pertinent to law entrance examination on constitutional amendments.
What’s the provisions of the 24th Amendment Act of 1971 and its relation to Article 368?
The 24th Amendment Act, which occurred in 1971, clarified that the Parliament of India has the authority to amend any provision of the Constitution, including Article 368 and the basic structure of the country’s Constitution. This provision further affirmed that amendments could not be challenged in courts; this was received as a reiteration of parliamentary supremacy as a key but contentious constitutional point.
How did the 4th Amendment Act of 1955 affect the right to property in the Constitution?
The 4th Amendment Act of 1955 amended article 31 of the Indian constitution which earlier governed the protection of property rights. This meant that no one could be deprived of his/her property without being paid for it, meaning that the right to own property changed from being a fiduciary right to being a legal right under Article 300A of the constitution of Kenya. This change is a tendency to shift the control over the property rights from the private parties to the state, which affects legal decisions regarding property.
What are the impacts of the 101st Amendment Act on the Goods and Services Tax (GST) regime in India?
The 101st Amendment Act brought serious changes to the GST Council in India by enabling the implementation of a standardised tax system in the states. This made it possible for both the Centre as well as the states to levy GST, which eased tax problems and helped in making ‘ease of doing business’, a concept that forms the core of any economic reforms; thus, is an important topic that should be a part of any discussion of economic reforms in any law entrance examination.
What are the major highlights of the 97th Amendment Act of 2011 and its relation to cooperative societies?
The 97th Amendment Act of 2011 was all about the cooperative societies where there was the provision of elections for the bodies of the cooperative society which suggested an increase in the democratic character of the society. It introduced Part IXB to the Constitution dealing with cooperatives in economic development which is a topic a student vying for any law entrance exam needs to tackle under governance and economic policies.
What are the provisions of the 86th Amendment Act of 2002 and its relevance for law entrance exams?
The 86th Amendment Act of 2002 added Article 21A providing right to education for children in the age group of 6 to 14 years. This amendment is relevant for the law entrance exams as it shows the state’s responsibility towards the society through the provision of free and compulsory education, the principles of social justice and equality, which are also constitutional fundamental principles.
How did the 44th Amendment Act of 1978 impact the basic structure of the Constitution?
The 44th Amendment Act of 1978 changed the basic structure of the Constitution to a large extent following many provisions that were passed by the 42nd Amendment. It brought back rights which have been trampled and made sure that any amendment of the constitution that affects these principles could only be done with the approval of the people in a referendum thus strengthening democracy and eradicating tyranny of the majority over the minority.
What is the significance of the 42nd Amendment Act of 1976 for law entrance exams?
The importance of the 42nd Amendment Act of 1976 was its wide ranging amendment, which was seen as a move to concentrate more powers in the Centre and to restrict the powers of the judiciary. It affirmed supremacy of the Parliament and also brought the idea of the “basic structure” doctrine which is most often discussed in the context of the constitutional law and is often tested in the law entrance exams due to its importance in addressing fundamental rights and governance.