One individual has the power to alter the world. It is an incredible thing that can be done for development similarly; it can be done in the constitution as well through constitution amendment for the welfare of the people. A lot of aspirants face difficulties throughout the civil judge journey phase since India's longest constitution has the most amendments, so how can we determine which are relevant from an exam point? So, we assist the aspirants in the quick manner of understanding the topic with extensive study material, and it is simple to take hybrid mode classes from the Pahuja Law Academy judiciary coaching, where we give them tricks & tips to learn the amendments.
We will look at important constitutional amendments that will help in the civil judge exam journey:
First Amendment Act, 1951
- 1. It permits states to achieve socioeconomic justice for the socially and economically backward classes.
- 2. Its goal was land reform and the removal of the Zamindari.
- 3. Included the ninth schedule to shield anti-zamindari legislation from judicial examination.
- 4. Included public order, cordial relations with foreign governments, and encouragement to commit an offence as new reasons for acceptable limits on free speech and expression. It also made it legally enforceable.
- 5. It provided that state trading and nationalization of any enterprise would not be deemed a violation of the freedom to trade or business.
Seventh Amendment Act, 1956
- 1. Reorganised Indian states into 14 states and 6 UTs, eliminating the traditional A, B, C, and D state classifications.
- 2. Established a joint high court for two or more states, and expanded the HC's jurisdiction to UTs.
Fifteen Amendment Act, 1963
- 1. Enabled the High Court to issue writs to any person or authority even outside its terrorist’s jurisdiction if the cause of action arises within its territorial limits.
- 2. Increased the retirement age of high court judges from 60 to 62 years.
- 3. Provided for the appointment of retired judges of the high court as acting judges of the same court.
- 4. Provided the compensatory allowance to judges who are transferring from one High court to another.
- 5. Enabled the retired judge of the High Court to act as ad-hoc judge of the Supreme Court.
- 6. Provided for the procedure for determining the age of the Supreme Court and High Court judges.
Twenty Fourth Amendment Act, 1971
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.
- 1. It made it clear that the parliament has the power to amend any part of the constitution including Article 13 by using Article 368.
- 2. Made it obligatory for the President to give assent to a Constitutional Amendment Bill.
Twenty-Fifth Amendment Act, 1971
- 1. Curtailed the fundamental right to property.
- 2. 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 grounds it violates the fundamental rights given in Articles 14, 19, and 31.
Forty-second Amendment Act, 1976
It is also known as the ‘Mini-constitution’, as it made very comprehensive changes to the constitution of India.
- 1. It amended the preamble and added the words - socialist, secular, and integrity.
- 2. Added Fundamental Duties for the citizens by including new Part IV A.
- 3. Exclusively made cabinet advice binding on the president.
- 4. By adding Part XIV A, it provided for administrative tribunals and tribunals for other matters
- 5. It froze the seats for the Lok Sabha and state legislative assemblies census till 2001, on the basis of 1971.
- 6. Restricted the judicial review of the Constitutional Amendment Act.
- 7. Limited the power of judicial review and writ jurisdiction of the Supreme Court and high courts.
- 8. Increased the tenure of Lok Sabha and state legislative assemblies from 5 to 6 years.
- 9. 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.
- 10. Provided the proclamation of national emergency now for a part of the territory of India.
- 11. Raised the one-time duration of the President's rule in a state from earlier 6 months to one year.
- 12. Created the All-India Judicial Service.
Forty-four Amendment Act, 1978
This was also the comprehensive amendment which was mainly brought to undo the actions of the 42nd amendment. It also 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 cannot be suspended during a national emergency.
Forty-Third Amendment Act, 1978
- • The new law, which was ratified by more than half of the States by the Constitution, also restores legislative powers to the States to make appropriate provisions for anti-national activities consistent with Fundamental Rights. Under the Act, the judiciary has also been restored to its rightful place.
- • The Supreme Court will now have the power to invalidate state laws, a power taken away by the 42nd Amendment Act. The High Courts will also be able to go into the question of the constitutional validity of Central laws thereby enabling persons living in distant places to obtain speedy justice without having to come to the Supreme Court.
Forty-Fourth Amendment Act, 1978
- 1. Restored the provisions about the quorum in the Parliament and state legislatures.
- 2. Omitted the reference to the British House of Commons in the provisions about the parliamentary privileges.
- 3. Gave constitutional protection to publication in a newspaper of true reports of the proceedings of the Parliament and the state legislatures.
- 4. Empowered the president to send back the advice of the cabinet for reconsideration. But, the reconsidered advice is to be binding on the president.
- 5. Deleted the provision which made the satisfaction of the president, governor, and administrators final in issuing ordinances.
- 6. Restored some of the powers of the Supreme Court and high courts.
- 7. Replaced the term ‘internal disturbance’ by ‘armed rebellion’ in respect of national emergency.
- 8. Made the President declare a national emergency only on the written recommendation of the cabinet.
- 9. Made certain procedural safeguards concerning a national emergency and the President’s rule.
- 10. Deleted the right to property from the list of Fundamental Rights and made it only a legal right.
- 11. Provided that the fundamental rights guaranteed by Articles 20 and 21 cannot be suspended during a national emergency.
- 12. Omitted the provisions that took away the power of the court to decide the election disputes of the president, the vice-president, the prime minister, and the Speaker of the Lok Sabha.
Fifty-second Amendment Act, 1985
The Tenth Schedule was added as determine to the anti-defection issues.
Sixty-First Amendment Act, 1989
The legal voting age changed from 21 to 18 years for Lok Sabha as well as Legislative Assemblies.
Sixty-ninth Amendment Act 1991
- 1. It provided a special status to Delhi as the ‘National Capital Territory of Delhi.’
- 2. Provided a legislative assembly and the council of ministers for Delhi.
Seventy-Third Amendment Act 1992
- 1. Provided constitutional status for the Panchayati Raj institutions.
- 2. Added Part-IX and 11th Schedule.
Eighty-sixth Amendment Act 2002
- 1. Provided the Right to Education as a fundamental right (part III of the Constitution).
- 2. The new article inserted Article 21A which made free and compulsory education for children between 6-14 years.
- 3. Added a new Fundamental Duty under Article 51 A.
Ninety-seventh Amendment Act 2011
- 1. Part IX-B added to the constitution for cooperative societies and made it a constitutional right.
- 2. The right to form cooperative societies became a fundamental right under Article 19.
- 3. Article 43-B was inserted as a DPSP to promote cooperative societies.
101st Amendment Act, 2016
Provided for Goods and Service Tax (GST).
103rd Amendment Act, 2019
Granted 10% Reservation for Economically Weaker Sections of citizens of classes other than the classes mentioned in clauses (4) and (5) of Article 15.
108th Amendment Act, 2023
- 1. In the Lok Sabha and legislative assemblies, women from certain categories shall be given one-third of the seats allotted to Scheduled Castes and Scheduled Tribes.
- 2. Inserted new article 330A, 332A, 334A.
- 3. The rotation of reserved seats for women in the Lok Sabha, State Assemblies, and Delhi Assembly with each consecutive delimitation exercise, as determined by Parliament.