Bachelor of Journalism & Mass communication, Indian Govt. Politics, Constitution as an instrum ent of social change

1. CONSTITUTION AS AN INSTRUM ENT OF SOCIAL CHANGE
AM ENDM ENT OF THECONSTITUTION
Federal Constitutions as a rule are rigid as most of them have
extremely difficult and even complicated procedures of amendment.
Amending a federalConstitution like that of the United
States is perhaps the most difficult. Under the Australian-
Constitution too the amending process is complex. In contrast,
the Constitution of India presents a much simpler picture.
A constitution is a fundamental document. It is a document
which defines the position and power of the three organs of
the State,namely, the Executive, the Legislature and the
Judiciary. It also defines the powers of the Executive and the
Legislature as against the citizens. In fact, the purpose of a
constitution is not merely to create the organs of the State but
also to limit their authority, because if no limitation is imposed
upon the authority of the organs there will be tyranny and
oppression. Naturally, such a fundamental document as a
Constitution should not undergo too frequent and easy
changes, as that would undermine the confidence of the citizens
in the abiding nature of the Constitution. Further, it would
make it impossible to provide a reasonably ascertainable
standard against which the conduct of the various organs of
government can be measured. The case of a federal Constitution
is particularly significant in this context because it delimits
not only the powers of the different organs of government but
also achieves a balance which is often delicate between the Center
and the units of the federation. These considerations are
powerful enough to preserve intact the original document
which gives expression to the manner in which the governmental
system is to be ordered into existence. As such, any
amendment of the Constitution should be justified by
compelling reasons and circumstances.
It should be understood at the same time that a constitution is
a dynamic document. It should grow with a growing nation
and should suit the changing needs and circumstances of a
growing and changing people. Sometimes under the impact of
new powerful social and economic forces,the pattern of
government will ‘require major changes. If the constitution
stands as a stumbling block to such desirable changes, it may,
under extreme pressure,by destroyed. A constitution as such
cannot have any claim to permanence; nor should it, because it
has been adopted and has been working ever since, claim
absolute sanctity.
As Ambedkar pointed out in the Constituent Assembly, the
provisions for amendment while they embodied certain
measure of rigidity, regard to some parts of the Constitution
were flexible and affordable facilities for a simple process of
amendment with regard to others. Pointing out the details-of
the scheme,he stated: “ We propose to divide the various articles
of the Constitution into three categories. In one category we
have placed certain articles, which would be open to amendment
by Parliament by simple majority. (Provisions such as those,
which deal with the establishment or abolition of Upper
Houses in the States,are examples of this type.) The second set
of articles (for amendment) requires a two-thirds majority of

2. Parliament. (Parts III and N of the Constitution which deal
with the Fundamental Rights and Directive Principles respectively
belong to this category.) The third category requires a
two-thirds majority of Parliament plus ratification by the States.
The States are given an important voice in the amendment of
these matters. These are fundamental matters where States have
important powers under the Constitution and any unilateral
amendment by Parliament may vitally affect the fundamental
basis of the system built up by the Constitution. (Provisions
dealing with the division of legislative power between the
Union and the States fall in-this category.)”
The procedure for amendment is detailed under Article 368 of
the Constitution. According to this, an amendment may be
initiated only by the introduction of a Bill for the purpose in
either House of Parliament. When the Bill is passed in each
House by a majority of the total membership of that House
and by a majority of not less than two-thirds of the members
of that House present and voting, it shall be presented to the
President for his assent. When the President gives his assent,
the Constitution stands amended in accordance with the terms
of the Bill. But, as pointed out earlier,in the case of certain
amendments, ratification by the Legislatures of not less than
one-half of the States by resolutions to that effect is required
before the amending Bill is presented to the President for
assent. The following provisions of the Constitution fall under
this category :-(1) Article 54 (Election of President), 55 (Manner
of election of President),73 (Extent of the executive power of
the Union), 162 (Extentof the executive power of States),or
241 (High Courts for Union Territories) ;(2) Chapter N of Part
V (Union Judiciary); Chapter V of Part VI (High Courts in the
States); chapter I of Part XI (Legislative relations between the
Union and the States);(3) Any of the lists in the Seventh
Schedule;
(5)The representation of States in Parliament; and(5)
Provisions dealing with amendment of the Constitution.
(6)There is hardly another federal Constitution, which provides
a comparable example, combining rigidity and flexibility in a
manner exemplified in the above-mentioned provisions.
During the first sixteen years of the Constitution it was
amended twenty times. Such rapid succession of amendments
during such a short time in the life of the Constitution was
attacked by many of its critics as a sign of weakness in the
LESSON 8:
CONSTITUTIONAS AN INSTRUM ENT OF SOCIAL CHANGE
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INDIAN GOVERNM ENT AND POLITICS
Constitution. Some of them thought that the Constitution
should not be made so cheap as to admit of amendments so
quickly and easily. There is an element of truth in this criticism.
Yet, on close examination it will be seen that there were
compelling circumstances,which led to constitutional amendments
during a momentous period of stabilisation, and
consolidation of the political freedom won just a decade earlier.
While some of the amendments were a natural product of the
eventual evolution of the new political system established
under the Constitution in 1950, there were others necessitated

3. by practical difficulties in the working of certain provisions of
the Constitution. The reorganization of States and the
consequent constitutional amendment is the best example of
the former type while ‘the amendments dealing with the right
to property provides a good example of the latter type.
We have dealt with the various amendments earlier while
discussing the relevant parts of the Constitution. Nevertheless,
it seems appropriate here to recount them in the chronological
order.
The First Amendment (1951) amended Article 15, 19,31, 85,
87, 174, 176, 341,342,372, and 376. It also added a new Schedule
(Ninth Schedule) to the Constitution. The main purpose of the
Amendment was the removal of certain practical difficulties
experienced in the working of some of the Fundamental
Rights, particularly rights under equality before law, freedom of
speech,and the right to property.
The Second Amendment (1952) amended Article 81 in order
to remove the prescribed limit of 750,000of the population
for one member to be elected to the House of the People.
According to the original provision, at least one member was
to be elected to the House of the People for every 750,000of
the population. It was further provided that the maximum
number of elected members to the House should not exceed
500. But it was soon found that these limits could not be
adhered to in practice in the light of the actual size of the
country’s growing population.
The Third Amendment (1954) brought about changes in the
Seventh Schedule consisting of the three legislative lists. As a
result, the scope of the Union’s legislative power was enlarged
by the inclusion of certain items, which were originally in the
State List, in the Concurrent List.
The Fourth Amendment (1955) further amended Article31
and 31-A (Right to Property). It also amended Article 305 and
the Ninth Schedule.
The Fifth Amendment (1955) amended Article 3 and provided
a new procedure for ascertaining the will of a State Legislature
with respect to territorial or boundary changes that affect it.
The Sixth Amendment (1956) further amended the Seventh
Schedule .It also amended Article 269 and 286 dealing with
inter-State Sales Tax.
The Seventh Amendment (1956) brought about the most
comprehensive changes till then in the Constitution. The
Amendment, as was stated earlier, was primarily concerned with
the reorganization of States. Along with such reorganization, a
large number of consequential changes had to be effected.
Thus, the Amendment affected substantially the First and the
Fourth Schedules besides many articles of the Constitution.
The Eighth Amendment (1960) extended the period of
reservation of seats in legislatures for the Scheduled Castes and
the Tribes by another ten years.
The N inth Amendment (1960) provided for the transfer of
certain territories of India to Pakistan under an agreement
between India and Pakistan as a part of a comprehensive
settlement of border disputes between the two countries.
Similarly, the Tenth Amendment (1961) integrated the areas of
Free Dadra and Nagar Haveli with the Union of India and

4. provided for their administration under the regulation-making
power s of the President (Article240).
The Eleventh Amendment (1961) obviates the necessity of a
joint meeting of the two Houses of Parliament (Article 66) by
constituting them into an electoral collage for the election of the
Vice-President. It also amends Article 71 so as to make it dear
that the election of the President or the Vice-President shall not
be challenged on the ground of any vacancy for whatever
reason in the appropriated electoral collage.
The Twelfth Amendment (1962) integrates Goa, Daman and
Diu with the Union of India with effect from December 20,
1961, by adding them to the First Schedule as the eighth Union
Territory and by providing for their administration under Article
240.
The Thirteenth Amendment (1962) provided, along with the
creation of Nagaland as the sixteenth State of the Indian Union
under the State of Nagaland Act (1962), for certain special
protections to the Nagas. According to these, not with standing
anything in the Constitution, no Act of Parliament in respect
of religious pr social practices of the Nagas,Naga customary law
and procedure, administration of civil and criminal justice
involving decisions according to Naga customary law, and
ownership and transfer of land and its resources,shall apply to
the State of Nagaland unless the Legislative Assembly of
Nagaiand by a resolution so decides. The Amendment provides
also for the , vesting of certain special resonsibilities in the
Governorof Nagaland.
The Fourteenth Amendment{ I962) provided for the
incorporation of the former French Establishments in India,
under the name Pondicherry, as an integral part of the territory
of the Indian Union. It also amended Article, 81 to increase,
from a maximum of twenty to twenty-five the number of seats
assigned in the Lok Sabha fdr the Union Territories. Further it
inserted a new Article239-A providing for the creation of local
Legislatures or Council of Ministers or both in the Union
Territories of Himachal Pradesh,Manipur, Tripura, Goa,
Daman and Diu, and Pondicherry.
The Fifteenth Amendment (19(i3) seeks to raise the retiring
age of the High Court Judges from 60 to 62 years. lt also
empowered the various High Courts to hear cases against the
Union Government. Another feature of this Amendment was
that it restricted the scope of Government servants to appeal
against government decisions in disciplinary matters. Accordingly
they will have only one opportunity now as against two
opportunities they enjoyed until 1963.
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The Sixteenth Amendment (I 963) seeks to enable Parliament
to make laws providing penalty for any person questioning the
sovereignty and integrity of India. Under the provision~ of
this Amendment, a person shall not be qualified to be chosen
to fill a seat in Parliament or in the Legislature of a State unless,
inter alia, he makes or subscribes before a person authorized by
the Election Commission an oath or affirmation that he will
bear true faith and allegiance to the Constitution and will
uphold the sovereignty and integrity of India.

5. The Seventeenth Amendment (1964) amends the definition
of the term “ estate” in Article 31-A to include lands, held under
ryotwari settlement and also other lands in respect of which
provisions are normally made in land reform enactments. The
Amendment has retrospective effect from January 26, 1950, the
day on which the Constitution was inaugurated. It also amends
the Ninth Schedule of the Constitution to include therein 44
State enactments relating to land reforms in order to remove
any uncertainty or doubt that may arise in regard to their
validity.’
The Eighteenth Amendment (1966) provides for the creation
of two newStates,namely, Punjabi Suba and Hariyana as a
result of the reorganization of the former State of Punjab and
the Union Territory of Himachal Pradesh.
The N ineteenth Amendment (1966) provides that Article 324,
clause I, shall be ‘amended by deleting the’ words “ including
the appointment of election tribunals for the decision of
doubts and disputes arising out of or in connection with
elections to Parliament and to the Legislatures of States shall be
vested in a Commission” .
The Twentieth Amendment (I966) introduced Article 233-A
in the Constitution, validating the appointment, posting or
promotion of a person as a District Judge, if such appointment
was illegal or void by reason of its not being in accordance
with Article 233 or 235 (dealing with control over subordinate
courts by High Court, etc.).
The Twenty-first Amendment (1969) provides for the
recognition of Sindhi as one of the national languages of India
by including it in the Eighth Schedule to the Constitution.
Twenty-second Amendment (1969) created an autonomous
hill State “ Meghalaya” within the State of Assam.
Twenty-third Amendment (1969) provides for the extension
of the reservation of seats for Scheduled Castes and Tribes and
the nomination of members of the Anglo-Indian community
for another 10 years.
The Twenty-fourth Amendment (1971) affirms the
Parliament’s power to amend any part of the Constitution,
including Fundamental Rights by amending Article 368 and
13of the Constitution. This neutralises the decision in the
Golaknath case. .
The Twenty-fifth Amendment (1971) bars the jurisdiction of
courts over acquisition laws in regard to the adequacy of the
amount paid in lieu of take over. The word” compensation” in
the case of take over is deleted and the word “ amount” is
substituted.
A new clause provides that if any law is passed to give effect to
the Directive Principles contained in clauses 8 and C of Article
39 and contains a declaration to that effect,it shall not be
questioned on the ground that it takes away or abridges
Fundamental Rights or on the ground that it does not give
effect to the principles contained in the declaration. .
The Twenty-sixth Amendment (1971) withdraws the
recognition given to former rulers of Princely States and
abolishes the privy purses granted to them. It deleted Articles
291 and.362 of the Constitution and inserted a new Article 360-
A. In Article 366, a new clause was inserted in the place of clause

6. 2. The Twenty-seventh Amendment was passed in 1974. Under
this Act,two Union Territories, Mizoram and Arunachal
Pradesh were set up.
The Twenty-eighth Amendment (1972) deletes Article 314 of
the Constitution, which had given protection to the I.C.S.
officers’ conditions of Service and privileges and inserted a new
Article 312-A.
The Twenty-ninth Amendment –(1972) included the Kerala
Land Reforms (Amendment) Act, 1969, and the Kerala Land
Reforms (Amendment) Act, 1971,inthe Ninth Schedule to the
Constitution to protect these Acts from judicial review under
Article 31-8 and remove any uncertainty or doubt there could
have arisen in regard to the validity of these Acts.
The Thirtieth Amendment (1972) curtails the number of
appeals to the Supreme Court. Formerly appeals to the
Supreme Court were decided on the basis of the valuation of
the subject matter. The Amendment makes only such cases,
which involve a substantial question of law, appeal able to the
Supreme Court.
The Thirty- first Amendment (1973) was passed by Parliament
on May 8, 1971. The Act amends Article 81 of the
Constitution so as to increase the upper limit of elective seats in
the Lok Sabha from 525 to 545.
The Thirty-second Amendment (1974) passed by the
Parliament in May
1974 implements the 6-point programme for Andhra Pradesh.
The Thirty-third Amendment (1974) invalidates the acceptance
of resignation by members of the State Legislatures and
Parliament, which were made under duress or coercion or any
other kind of involuntary resignation.
The Thirty-fourth Amendment (1974) provides constitutional
protection to 20 Acts passed by the various States,as land
reforms, by including them in the 9th Schedule to the Constitution.
The Thirty-fifth Amendment act passed by Parliament in
September
1974 provided for associate State statues to Sikkim .
The Thirty-sixth Amendment Act makes Sikkim a State of
the Indian Union -the 22nd State.
The Thirty-seventh Amendment (1975) provides for a
Legislative Assembly and a Council of Ministers for the-Union
Territory of ArunachalPradesh.
The Thirty-eighth Amendment (1975) was passed by
Parliament in July 1975. This amends Article 113, 213, 289-B,
352, 356, 359 and 360 of the Constitution. It makes the
declaration of Emergency by the President and the Promulga83
INDIAN GOVERNM ENT AND POLITICS
tion of Ordinances by the President, Governors and Administrative
Heads of Union Territories non-justifiable (beyond the
purview of the judiciary).
The Thirty-ninth Amendment (I 975) amends Article 71 and
329 of the Constitution and the Ninth Schedule. It places the
election of the President, Vice-President,Prime Minister and the
Speaker beyond judicial scrutiny.
The Fortieth Amendment (1975) amends the Ninth Schedule
to include 64 Central and State laws. The 64 laws thus included
now remain beyond judicial scrutiny.

7. The Forty-first Amendment (1976) raises the retiring age of
State Public
Service Commission members’ from 60 to 62.This does not
affect the members
of the Union Public Service Commission who retire at the age
of 65.
Forty-second Amendment (1976) Of allthe amendments of
the Constitution during a period of twenty-six years since its
inauguration, the Forty-second Amendment stands out as the
most comprehensive. It also became the most controversial. No
proposal for amendment of the Constitution has attracted so
much attention and criticism in the past as this amendment.
The Union Law Minister, who piloted the Bill claimed on its
behalf that “ a Constitution to be living must be growing. If
the impediments to the growth of the Constitution are not
removed, it will suffer a virtual atrophy. The amendment was
necessitated for removing the difficulties, which had arisen in
achieving the objective of socio-economic revolution, which
would end poverty and ignorance, disease,and inequality of
opportunity. The democratic institutions provided in the
Constitution are basically sound and the path to progress does
not lie in denigrating any of these institutions. However, there
could be no denial that these institutions have been subjected
to considerable stresses and strains and that vested interests
have been trying to promote their selfish ends to the great
detriment of the public good.”
Those who criticized and opposed the amendments alleged that
they were intended to destroy the democratic character of the
Constitution as it was originally enacted and it was a determined
attempt to pave the way for the eventual establishment of a
dictatorial regime.
Briefly the Amendment brings about changes in the following
provisions of the Constitution: Preamble; Fundamental Rights
(Arts. 31 and 32); Directive Principles of State Policy (Arts. 32,
43 and 48); a new Part,Part IV-A entitled “ Fundamental
Duties” ; Union Executive (Arts. 55, 74 and 77); Parliament
(Arts. 81, 82, 83, 100, 102, 103, 105 and 118); Union Judiciary
(Arts. 131,139,144 and 145); Comptroller and Auditor General
of India (Art. 150); State Executive (Art. 166); State Legislature
(Arts. 170, 172,189,191,192,194 and 208); High Courts (Arts.
217,226,227 and 228); Relations between the Union and the
States (Art. 257); Service (Arts. 311 and 312); a new Part entitled
“ Tribunals” (Art. 323); Emergency Provisions (Arts. 352, 353,
356, 357, 358 and 366); Amendment of the Constitution (Art.
368); Seventh Schedule (Union List, State List and the Concurrent
List).
Forty-third Amendment (1978)
The Forty-third Amendment deleted Article 31-D, which was a
part of the Forty-second Amendment and which has empowered
Parliament to deal with anti-national activities. The
Amendment also restored the power of the Supreme Court to
decide on the constitutionality of State laws and that of the
High Courts to go into the constitutional validity of Central
laws which they ‘had lost under the Forty-second Amendment.
The Amendment also specifies that the duration of the House
of the People and the State assemblies shall be five years and

8. not six years as was made by the 42nd Amendment.
Forty-fourth Amendment (1979)
The Forty-fourth Amendment (1979) aims at correcting some
of the distortions which crept into the Constitution as a result
of the adoption of the Forty-second Amendment. The most
important among them are: Article 22(4) is amended to make
the conditions of preventive detention more rigorous in the
interest of the individual. Article 31 which deal with the right to
property has been altogether omitted. Consequently changes
have been made in Articles 31-A and 31-C. Also Article 19was
amended to take away the right to acquire hold and dispose of
property as a fundamental right. The following proviso was
added to Article 74: “ Provided that the President may require
the Council of Ministers to reconsider such advice, either
generally or otherwise, and the President shall act in accordance
with the advice tendered after such reconsideration” . The Fortysecond
Amendment had made the duration of the Lok Sabha
and Legislative Assemblies of the States six years. These have
been amended to restore the original position, namely, five
years. In Article 352 dealing with emergency provisions, the
words “ internal disturbance” was omitted and “ armed,
rebellion” was substituted. Also Article 356 was amended to
reduce the period of President’s rule in a State from one year to
six months at a time and the total period not to exceed one
year.
Forty-fifth Amendment (1980)
The Forty-fifth Amendment (1980) seeks to extend the
reservation of seats for Scheduled Castes and Scheduled Tribes
and the representation of Anglo-Indians in the Lok Sabha and
the State Assemblies for ten years. This means that these
reservations were to be available until January 25, 1990.
The Forty-sixth Amendment (1982)
The Forty-sixth Amendment (1982) enables the State Governments
to plug loopholes and realise sales tax dues on the one
hand and on the other aims at bringing about some uniformity
in tax rates in case of certain items.
The Constitution (Forty-seventh Amendment) Act,1984
This amendment is intended to provide for the inclusion of
certain land reforms Acts in the Ninth Schedule to the Constitution
with a view to obviating the scope of litigation hampering
the implementation process of those Acts.
The Constitution (Forty-eighth Amendment) Act,1984
The proclamation issued by the President under article 356 of
the Constitution with respect to the State of Punjab could not
be continued in force for more than one year unless the special
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INDIAN GOVERNM ENT AND POLITICS
conditions mentioned in clause (5) of the said article were
satisfied. As it was felt that the continued force of the said
proclamation was necessary,therefore,the present amendment
was ettected so as to make the conditions mentioned in clause
(5) of article 356 inapplicable in the instant case.
The Constitution (Forty-ninth Amendment) Act, 1984
The Government of Tripura recommended that the provisions
of the Sixth Schedule of the Constitution may be made
applicable to the tribal areas of that State. The amendment

9. involved in this Act is intended to give a constitutional security
to the autonomous District Council functioning in the State.
The Constitution (Fiftieth Amendment) Act, 1984
By article 33 of the Constitution, Parliament was empowered to
enact laws determining to what extent any of the rights
conferred by Part III of the Constitution shall, in their application
to the members of the Armed Forces or the Forces charged
with the maintenance of public order, be restricted or abrogated
so as to ensure the proper discharge of their duties and the
maintenance of discipline among them.
Article 33 was amended so as to bring within its ambit —
(i) the members of the Forces charged with the protection of
property belonging to, or in the charge or possession, of the
State; or
(ii) persons employed in any bureau or other organisation
established by the State for purposes of intelligence or
counter-intelligence; or
(iii) persons employed in, or in connection with, the
telecommunication systems set up for the purpose of any
Force, bureau or organisation.
Experience has revealed that the need for ensuring proper
discharge of their duties and the maintenance of discipline
among them is of paramount importance in the national
interest.
The Constitution (Fifty-first Amendment) Act,1984
Article 330 has been amended by this Act for providing
reservation of seats for the Scheduled Tribes in Meghalaya,
Nagaland, ArunachalPradesh and Mizoram in the Parliament
and Article 332 has been amended to provide similar reservation
in the legislative assemblies of Nagaland and Meghalaya to
meet the aspirations of the local tribal population.
The Constitution (Fifty-second Amendment) Act, 1985
It amends the Constitution to provide that a member of
Parliament or a State Legislature who defects or is expelled from
the Party which set him up as a candidate in the election or if an
independent member of the House joins a political party after
expiry of six months from the date on which he takes seat in
the House shall be disqualified to remain a member of the
House. The Act also makes suitable provisions with respect to
splits in, and merger of political parties.
The Constitution (Fifty-third Amendment) Act 1986
This has been enacted to give effect to the Memorandum of
Settlement of Mizoram which was signed by the Government
of India and the Government of Mizoram with the Mizoram
National Front on 30 June, 1986.For this purpose, a new article
371G has been inserted in the Constitution inter alia preventing
application of any Act of Parliament in the State of Mizoram in
respect of religious or social practices of the Mizos’ Customary
law and procedure. Administration of civil and criminal practice
involving decisions according to Mizos’ Customary law and
ownership and transfer of land unless a resolution is passed in
the Legislative, Assembly to that effect. This, however, will not
apply to any Central Act already in force in the State of Mizoram
before the commencement of this amendment. The new article
also provides that the Legislative Assembly of Mizoram shall
consist of not less then forty members.

10. The Constitution (Fifty-fourth Amendment) Act,1986
The Act increases the salaries of the Supreme Court and High
Court Judges as detailed below: -
Chief Justice of India ... Rs. 10,000 per month
Judges of the Supreme Court ... Rs. 9,000 per month
Chief Justice of the High Court ... Rs. 9,000 per month
Judges of a High Court ... Rs. 8,000 per month
This Act amended Part ‘D’ of the Second Schedule to the
Constitution to give effect to the above increases in the salaries
of Judges and to make an enabling provision in articles 125 and
221 to provide for changes in the salaries of Judges in future by
Parliament by law.
The Constitution (Fifty-fifth Amendment) Act,1986
This seeks to give effect to the proposal of the Government of
India to confer statehood on the Union Territory of Arunachal
Pradesh and for this purpose, a new article 371H has been
inserted which, inter alia, confers, having regard to the sensitive
location of Arunchal Pradesh,special responsibility on the
Governor of the new State of Arunachal Pradesh with respect
to law-and order in the state and in the discharge of his
functions the Governor shall after consulting the Council of
Ministers, exercise his individual judgment, as to the action to
be taken and this responsibility shall cease when the President
so directs. The new article also provides that the new Legislative
Assembly of the new State of Arunachal Pradesh shall consist
of not less then thirty members.
The Constitution (Fifty-sixth Amendment) Act,1987
The Government of India had proposed to constitute the
territories comprised in the Goa district of the Union Territory
of Goa, Daman and Diu as the State of the Goa and territories
comprised in the Daman and Diu districts of that Union
Territory as a new Union Territory of Daman and Diu. In this
context, it was proposed that the Legislative Assembly of the
new State of Goa shall consist of forty members. The existing
Legislative Assembly of the Union Territory of Goa, Daman
and Diu had thirty elected members and three nominated
members. It was intended to make this Assembly with the
exclusion of two members representing Daman and Diu
Districts the provisional Legislative Assembly for the new State
of Go a until elections were held on the expiry of the five year
term of the existing Assembly. It was,therefore,decided to
provide that the Legislative Assembly of the new State of Goa
shall consist of not less than 30 members. The special provi85
INDIAN GOVERNM ENT AND POLITICS
sion required to be made to give effect to this proposal was
carried out by this amendment.
The Constitution (Fifty-seventh Amendment) Act, 1987
The Constitution (Fifty-seventh Amendment) Act,1987 was
enacted to provide for reservation of seats in the House of the
People for the Scheduled Tribes in Nagaland, Meghalaya,
Mizoram and Arunachal Pradesh and also for reservation of
seats for Scheduled Tribes in the Legislative Assemblies of
Nagaland and Meghalaya by suitably amending Articles 330 and
332.
The Constitution (Fifty-eighth Amendment) Act,1987
There has been a general demand for the publication of

11. authoritative ext of the Constitution in Hindi. It is imperative
to have an authoritative text of Constitution for facilitating its
use in the legal process. Any Hindi version of the Constitution
should not only, conform to the Hindi translation published by
the Constituent Assembly, but should be in conformity with
the language, style and terminology adopted in the authoritative
texts of Central Acts in Hindi. The Constitution has been
amended to empower the President of India to publish under
his authority the translation of the Constitution in Hindi
signed by the members of the Constituent Assembly with such
modifications as may be necessary to bring it in conformity with
the language, style and terminology adopted in the authoritative
texts of Central Acts in Hindi language. The President has also
been authorised to publish the translation in Hindi of every
amendment of the Constitution made in English.
The Constitution (Fifty-ninth Amendment) Act, 1988
The Act amends Article 356(5) of the Constitution so as to
facilitate the extension of a Presidential proclamation issued
under clause (1) of Article 356 beyond a period of one year, if
necessary up to a period of three years, as permissible under
clause (4) of Article 356 with respect to the State of Punjab
because of the continued disturbed situation there. The Act
also amended Article 352 of the Constitution pertaining to the
Proclamation of Emergency in its application to the State of
Punjab and includes “ internal disturbance” as one of the
grounds for making a proclamation in respect of the State of
Punjab only. As a consequence of amendment in Article 352,
Articles 358 and 359 in relation to the State of Punjab was to be
operative only for a period of two years from 30 March 1988,
which was the date of commencement of the amendment.
The Constitution (Sixtieth Amendment) Act,1988
The Act amends clause (2) of Article 276 of the Constitution so
as to increase the ceiling of taxes on professions, trades, callings
and employment from two hundred and fifty rupees per
annum to two thousand and five hundred rupees per annum.
The upward revision of this tax was to help the State Governments
in raising additional resources. The proviso to clause (2)
has been-omitted.
The Constitution (Sixty-first Amendment) Act, 1992
This amendment amends the Eight Schedule with a view to
including in it at the appropriate places three new languages
namely, Konkani, Manipur and Nepali.
The Constitution (Sixty-second Amendment) Act,1992
This amendment amends Article 332 of the constitution, after
clause (3A) and fixes the number of seats reserved for the
Schedule Tribe in the Legislative Assembly, of the State of
Tripura, to reflect the tribal population in relation to the total
population of the state.
The Constitution (Sixty-third Amendment)Act, 1990
This Amendment abolished the amended provisions of Article
356 and 369A brought about by the Fifty-ninth Amendment
of 1989' related to the State of Punjab.
The Constitution (Sixty-fourth Amendment) Act, 1990
This amendment, again dealt with Punjab. It provided for
amending the duration of the Presidential Proclamation of
1987 from three years to three years and six months.

12. The Constitution (Sixty-fifth Amendment) Act 1990
It amended Article 338 of the Constitution and provided for a
National Commission for Scheduled Castes and Scheduled
Tribes. The National Commission for Scheduled Castes and
Tribes shall consist of a Chairperson, a Vice-Chairperson and
five other members. They shall be appointed by the President
by warrant under his hand and seal. The Commission shall
have powers to regulate its own procedure.
The Constitution (Sixty-sixth Amendment) Act, 1990
The Amendment added a further group of land reforms
enactments passed by the State Legislatures to the Ninth
Schedule of the Constitution, thus taking them out of the
purview of judicial review.
The Constitution (Sixty-seventh Amendment) Act,1990
This Amendment, again, dealt with Punjab and extended the
Presidential Proclamation of 1987 by another six months.
The Constitution (Sixty-eighth Amendment) Act, 1991
This Amendment too was related to Punjab and provided for
extension of the Presidential proclamation by yet another six
months
The Constitution (Sixty-ninth Amendment) Act,1991
This Amendment provides for a new administrative set up for
Delhi as the National Capital by creating a Legislative Assembly
and a Council of Ministers.
The Constitution (Seventieth Amendment) Act,1992
This Amendment amends Articles 54 and 55 to include within
the scope of the term “ State” the National Capital Territory of
Delhi and the Union Territory of Pondicherry.
The Constitution (Seventy-first Amendment) Act, 1992
This Amendment amends the Eighth Schedule of the Constitution
with a view to including in it at the appropriate places
three new languages namely, Konkani, Manipuri and Nepali.
The Constitution, (Seventy-second Amendment) Act, 1992
This amendment amends Article 332 of the Constitution, after
clause (3- A) and fixes the number of seats reserved for the
Scheduled Tribes in the Legislative Assembly of the State of
Tripura, to reflect the tribal population in relation to the total
population of the state.
86
INDIAN GOVERNM ENT AND POLITICS
The Constitution (Seventy-third Amendment) Act, 1993
This is a lan9mark amendment of the Constitution, which
provides for an elaborate system of establishing Panchayats,as
units of self-government which for the first time in the
constitutional history of independent India, details the
constitution of Panchayats,duration for which they would
function, membership of Panchayats,constitution of Finance
Commission to review financial position of Panchayats and
severalother related matters. It also adds a new Schedule,
namely, Eleventh Schedule to the Constitution, listing 29
subjects which are to be handled by the Panchayats.
The Constitution (Seventy-fourth Amendment) Act, 1993
This again is a very important amendment and deals with the
establishment of Municipalities as a part of the constitutional
system. Just as in the case of PanchayatiRaj system, this
amendment spells out various details connected with the

13. different types of municipalities, including their powers,
duration, election, finance and other related matters. It also adds
a new Schedule to the Constitution, namely, the Twelfth
Schedule, listing 18 subjects which are to the handled by the
Municipalities.
The Constitution (Seventy-fifth Amendment) Act, 1994
It amends Article 323-B in Part XIV-A of the Constitution so
as to give timely relief to the rent litigants by providing for
setting up of State-level Rent, Tribunals in order to reduce the
tiers of appeals and to exclude the jurisdiction of all courts,
except that of the Supreme Court under Article 136 of the
Constitution.
The Constitution (Seventy-sixth Amendment) Act,1994
This Amendment raises the reservation quota of Government
jobs and seats for admission in the educational institutions in
favour of socially and educationally backward classes to 69 per
cent in Tamil Nadu.
Further, the Amendment Act has been included in the Ninth
Schedule of the Constitution to exempt it from the purview of
judicial scrutiny.
The Constitution (Seventy-seventh Amendment) Act,1995
It inserted clause (4 A) in Article 16dealing with reservation in
the matter of promotion.
The Constitution (Seventy-eighth Amendment) Act,1995
It amends the Ninth Schedule to the Constitution’ with a view
to putting entries 257 to 284 in proper order.
The Constitution (Seventy-N inth Amendment) Act, 1999
The Amendment further extended the reservation for Scheduled
Castes and Scheduled Tribes in Parliament and State
Assemblies from 1999 to 2009. This would mean that the
reservation would extend to a total of sixty years.
The Constitution (Eightieth, Eighty-first and Eighty-second)
Amendments were passed in the year 2000 creating three new
States of Chattisgarh, Uttaranchaland Jharkhand.
The constitution was again amended (2001) to make the
present strength of the Lok Sabha to remain unchanged until
the year 2025
Constitutional Review
In February 2000 the Government of India set up a Constitution
Review Commission consisting of eleven members with
justice M.N. Venkatachaliah, former Chief Justice of the
Supreme Court, as Chairman.
Summary
Some of the Amendments have definitely improved the
content and quality of the Constitutional document in the
context of the changed and changing societal, economic or
political needs and some others were either inevitable or
consequential for implementation of policy decisions, there
were quite a few which were avoidable, unnecessary or motivated
by nearly political and partisan interest considerations of
the ruling majority party.
Assignment
Elaborate on Golak Nath Vs State of Punjab case.
References-

14. 1. Public Policy and politics in India By Kuldeep Mathur
2. Indian Political Trials By A.C. Noorani.
3. Basu, Durga Das. The Laws of the Press in India(1962) Asia Publishing House, Bombay