Llb i choi u iv preamble and constitutional amendments

Topic : AMENDMENTS TO CONSTITUIONCourse : LLB

Subject: Constitutional History of IndiaUnit : 3

The Indian Constitution

448 Articles; some of the important ones :

Article 12-35 specify the Fundamental Rights

available

Articles 36-50 specify the Directive principles of State

policy

Article 51 A specifies the Fundamental Duties of

every citizen

The Indian Constitution

Schedules : Total 12 Schedule

The Territories of states & Union territories (UTs)

Oaths to be taken by officials

Division of power between centre and state

Regional language

Rajya Sabha seat allotment

The Indian Constitution

12 Schedules :

Schedule 1 : State & UTs territories

Schedule 2 : Salaries of the top officials

Schedule 3: Oaths for officials

Schedule 4 : Rajya sabha seat allotment

Schedule 5 : Admin of Schedule Areas

Schedule 6 : Admin of Tribal Areas

The Indian Constitution

12 Schedules :

Schedule 7 : List of Laws of state-centre

Schedule 8 : List of Languages

Schedule 9 : Acts of Land Reforms

Schedule 10 : Defection Provisions

Schedule 11: Panchayat Admin

Schedule 12: Municipalities Admin

The Indian Constitution

5 Appendices :

Appendix I : The constitution (Application to Jammu &

Kashmir) order, 1954

Appendix II: Re-Statement with reference to the present

text of the Constitution of the exceptions and

modifications subject to which the constitution applies to

the state of Jammu & Kashmir.

The Indian Constitution

5 Appendices :

Appendix III : Extracts from the constitution

(Forty - Fourth Amendment) Act, 1978

Appendix IV :The Constitution

(Eighty - sixth Amendment) Act, 2002

Appendix V :The Constitution

(Eighty- Eighth Amendment) Act, 2003

The Indian Constitution

Indian Penal Code:

Spread over 23 Chapters, covering every

admissible offenses

Among them 309 (Suicide) , 310 (Punishment of

death) & 420 (Cheating) are same that are

commonly known.

The Indian Constitution

Amendments….

…..Means Modifications in the constitution by way of addition deletion or correction

A total of 98 amendments have been made till now (i.e. 2014) , average about 1.5 Amendments every year in about 60 Years….. compared to about 27 Amendments in the Us Constitution over 230 Years.

The Indian Constitution

List of Some Major Amendments (AM’s):

• The 4th Am: Authorized state of nationalize any trade

• The 10th Am: Incorporated Dadra and Nagar Haveli the Indian Union

The Indian Constitution

List of Some Major Amendments (AM’s):

• The 12th Am: Incorporated Goa, Daman and Diu in the Indian Union

• The 14th Am: Incorporated Pondicherry (now Puduchery) in the Indian Union

The Indian Constitution

List of Some Major Amendments (AM’s)):

• The 16th Am: Restrictions on Fundamental Rights

• The 24th Am: Affirmed the right of the Parliament to amend any part of the Constitution including Fundamental Rights.

The Indian Constitution

List of Some Major Amendments (AM’s)):

• The 42nd Am: Most Comprehensive

- Added the words SOCIALIST and SECULAR to the preamble

- Added 10 Fundamental Duties

- Authorized parliament to make laws to deal with anti-national activities (Later deprived by the 43rd Am)

The Indian Constitution

List of Some Major Amendments (AM’s)):

• The 44th Am: Deleted Right to property from Fundamental Rights

• The 61st Am: Reduced voting age from 21 to 18

• The 85th Am: Allows accelerated promotions to government employees belonging to SC or ST community

The Indian Constitution

List of Some Major Amendments (AM’s)):

• The 86th Am: Made free and compulsory primary education a Fundamental Right

• The 86th Am: Empowered centre to levy Service tax

• The 93rd Am: Made provisions for SC, ST and OBCs in unaided educational Institutions

The Indian Constitution

List of Some Major Amendments (AM’s)):

• The 98rd Am: made to insert Article 371J in theConstitution on 2 January 2013 - To empower theGovernor of Karnataka to take steps to develop theHyderabad-Karnataka Region.

The Indian Constitution

Some Landmark Cases:

• Golaknath v/s State of Punjab 1967

(Key words: Fundamental Rights)

• Keshvanand Bharti v/s State of Kerala 1973

(Key words: Fundamental Rights)

The Indian Constitution

Some Landmark Cases:

• Mohd. Ahmed Khan v/s Shah Bano Begum 1985

(Key words: alimony, common civil code)

• Madhav Jiwaji Rao v/s Union of India 1970

(Key words: Abolition of Privy Purses and titles of erstwhile Indian Rulers)

The Indian Constitution

Did You Know?

• The Constitution of India was Handwritten and calligraphed in both English and Hindi not typeset or printed. The original copies are kept in special helium – filled cases in the library of the Parliament of India.

references

1.Bakshi P.M. The Constitution of India

2.Gandhi B.M, Indian legal & Constitutional History

3. Jain M.P, The constitution Law

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The Indian Constitution

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