The amendment is a slight change or inclusion to enhance a text or a part of legislation etc. The word Amendment is derived from to amend, which means to change for improvement. The process of making changes to the Country’s elementary or supreme law is known as Amending the Constitution of India. Part XX (Article 368) of the constitution of India was laid down to include the procedure for amendment of the constitution. 105 amendments have been made as of October 2021. There are three lists of amendments that can be made in the Indian Constitution.

Types of Amendment

The list of amendments and what they mean are:

  • Simple Majority: The first type of amendments consists of those which can be passed with the help of a “simple majority”.
  • Special Majority: The second type of amendment can come into power by the parliament’s arbitrary “special majority” in both houses.
  • Ratification by one half of State legislative: The third type of amendment consists of all the amendments which require, in inclusion with a “special majority” in both the houses of Parliament, approval by a minimum one half of the State Legislative assemblies.

Two-thirds of the majority in both houses of Parliament is required for the constitutional amendment. The most amended constitution in the world is the Indian Constitution.

Some Important Amendments

First Amendment of Indian Constitution, 1951

The amendments made in the first amendment act of 1951 are:

  • Empowering the state legislative socio-economic law keeping in mind socially and economically backward people.
  • It aimed to abolish land reforms and Zamindari.
  • To defend anti-zamindari laws from review of the judiciary the ninth schedule was added.
  • It aimed to improve good relations with the other countries.
  • Legalising State trading and Nationalization of businesses.

The debate for the first amendment lasted over 16 days and was brought into action 16 months after the adoption of the Indian Constitution.

Seventh Amendment of Indian Constitution, 1956

The amendments made in the seventh amendment act of 1956 are:

  • Restructuring the Indian territory as 14 states and 6 Union Territories. Eliminating the old A, B, C, D organisation of states.
  • Introducing common high courts for two or even more states, and extending the jurisdiction of High Courts to Union Territories. Including acting and additional judges for the High Court.

Ninth Amendment of Indian Constitution, 1960

  • Reconstructing the Indian Territory in agreement with Pakistan, handing over Berubari Union to Pakistan as stated in the Indo-Pakistan Agreement (1958)

Tenth Amendment of Indian Constitution, 1961

Including Dadar, Nagar and Haveli as Union Territories from Portugal.

Eleventh Amendment of Indian Constitution, 1961

  • Introducing the electoral college as a new procedure for the election of the Vice President.
  • Any empty post in the electoral college cannot be the reason to challenge for the election process of President or Vice-President

Twelfth Amendment of Indian Constitution, 1962

Including Goa, Daman and Diu in the Indian Union Territories.

Thirty-Eighth Amendment of the Indian Constitution, 1975

  • The official proclamation of emergency by the President is not challengeable in the court of law.
  • Any of the ordinances passed by the President, Governors and ministry of UT cannot be debated in the Court of Law.

Forty-Second Amendment of Indian Constitution, 1976

  • Adding words such as socialist, secular, integrity to the preamble.
  • Introducing Part IV, A which included the fundamental responsibility for the citizens.
  • Making Cabinet advice mandatory for the President.
  • Freezing the seats of Lok Sabha and State assemblies till 2001, on the grounds of 1971.
  • The tenure of Lok Sabha and State assemblies is from 5 to 6 years.

104th Amendment of Indian Constitution, 2020

  • Ceased the reservation for SCs and STs in Lok Sabha and state legislative assemblies to Eighty years, earlier it was seventy years.
  • Ceasing the reservation for Anglo Indians in Lok Sabha and State Assemblies.

105th Amendment of Indian Constitution, 2021

The amendment that came into force from 15th August 2021 States that the President has the power to specify the economically and socially backward people in the Central list for Central Government.

Conclusion

This topic Amendment of the Indian Constitution is a very integral part of the Indian Constitution as it helps to bring changes from time to time to improve and change according to the society and its needs. Our constitution is a great mix of flexibility and rigidity for the great success of our Indian Constitution.