1. The Constitution of India allows for amendments through a process that balances rigidity and flexibility. It categorizes articles based on the threshold for amendment, with some requiring only a simple majority while others require a two-thirds majority with state ratification.
2. During the first 16 years, the Constitution was amended 20 times to address practical difficulties in implementation and accommodate the reorganization of states. While critics saw this as a sign of weakness, there were compelling reasons for amendments during India's early years of independence and political consolidation.
3. Major amendments included those addressing fundamental rights like equality and property rights, legislative lists defining federal powers, and state reorganizations following independence. Later amendments dealt with issues like reservation of seats,
Basic structure of indian constituion(1)Neha Dutta
This document provides a summary of the basic structure of the Indian constitution. It discusses key topics like the need for amendments to the constitution over time, the power to amend granted to Parliament, and the different procedures to amend the constitution - including by simple majority, special majority, and special majority plus ratification by states. It also outlines certain "basic structures" of the constitution like the supremacy of the Supreme Court, secular character, that cannot be amended even by Parliament.
The document summarizes the key features of the Indian constitution. It notes that the Indian constitution is the longest written constitution in the world, originally containing 395 articles across 8 schedules and 22 parts and now containing 448 articles across 25 parts and 12 schedules. It highlights some of the main features borrowed from other countries that influenced the Indian constitution, including parliamentary democracy from the UK, fundamental rights and an independent judiciary from the US, fundamental duties from the USSR, and the concept of directive principles of state policy from Ireland. The constitution establishes India as a sovereign, socialist, secular, democratic republic with a parliamentary form of government, federal structure, and guarantees of fundamental rights.
The 13 judge bench of the Supreme Court delivered a landmark judgment in Kesavananda Bharati v State of Kerala in 1973. The key issue was whether Parliament's power to amend the Constitution was unlimited. The court narrowly held that while Parliament could amend most of the Constitution, it could not amend the "basic structure or essential features" of the Constitution. This established the "basic structure doctrine" and ensured continued judicial review of constitutional amendments. It prevented Parliament from abolishing all fundamental rights and played a crucial role in upholding democracy during the Emergency.
The document discusses the doctrine of repugnancy in Indian law. It defines repugnancy as an inconsistency between two legal instruments. Repugnancy can arise in three situations - direct conflict between laws, when laws cover the same field, or when a law is intended to occupy a field. For repugnancy to be established, the inconsistencies must be irreconcilable. The Supreme Court has interpreted that in cases of repugnancy, the Central law will prevail over the State law. The document outlines several cases that discuss applying the repugnancy doctrine when Central and State laws conflict.
The Indian constitution contains both federal and unitary features that define the relationship between the central and state governments. Some unitary features include a strong central government, single citizenship, and the ability of parliament to amend the constitution without state consent. Federal features include a written constitution that divides powers between the central and state lists, an independent judiciary, and representation of states in the upper house. Financial and administrative relations are also established to balance power between the two levels of government.
The document summarizes the amendments that have been made to the Constitution of Bangladesh since its inception in 1972. It describes 15 total amendments, providing details on what each amendment changed or added to the constitution. Some of the key amendments included introducing Islam as the state religion, changing to and from parliamentary to presidential systems of government, establishing provisions for caretaker governments to oversee elections, and increasing reserved parliamentary seats for women.
The 16th amendment to Bangladesh's constitution passed in 2014 empowered parliament to remove Supreme Court judges with a two-thirds majority vote for misconduct or incompetence. This reversed a 1975 amendment that transferred impeachment power to the president. While the amendment aimed to make the judiciary accountable to elected representatives, the Supreme Court struck it down in 2007, ruling judicial independence must be maintained. Impeachment power was returned to the Supreme Judicial Council, ensuring a more transparent process for removing judges.
Federal FeaturesThe federal features of the Constitution include:(1) A written constitution which defines the structure, organization and powers of the central as well as state governments(2) A rigid constitution which can be amended only with the consent of the states(3) An independent judiciary which acts as the guardian of the constitution.(4) A clear division of powers between the Center and the States through three lists- Union list, State list and Concurrent list(5) The creation of an Upper House (Rajya Sabha) which gives representation to the states, etc.
Basic structure of indian constituion(1)Neha Dutta
This document provides a summary of the basic structure of the Indian constitution. It discusses key topics like the need for amendments to the constitution over time, the power to amend granted to Parliament, and the different procedures to amend the constitution - including by simple majority, special majority, and special majority plus ratification by states. It also outlines certain "basic structures" of the constitution like the supremacy of the Supreme Court, secular character, that cannot be amended even by Parliament.
The document summarizes the key features of the Indian constitution. It notes that the Indian constitution is the longest written constitution in the world, originally containing 395 articles across 8 schedules and 22 parts and now containing 448 articles across 25 parts and 12 schedules. It highlights some of the main features borrowed from other countries that influenced the Indian constitution, including parliamentary democracy from the UK, fundamental rights and an independent judiciary from the US, fundamental duties from the USSR, and the concept of directive principles of state policy from Ireland. The constitution establishes India as a sovereign, socialist, secular, democratic republic with a parliamentary form of government, federal structure, and guarantees of fundamental rights.
The 13 judge bench of the Supreme Court delivered a landmark judgment in Kesavananda Bharati v State of Kerala in 1973. The key issue was whether Parliament's power to amend the Constitution was unlimited. The court narrowly held that while Parliament could amend most of the Constitution, it could not amend the "basic structure or essential features" of the Constitution. This established the "basic structure doctrine" and ensured continued judicial review of constitutional amendments. It prevented Parliament from abolishing all fundamental rights and played a crucial role in upholding democracy during the Emergency.
The document discusses the doctrine of repugnancy in Indian law. It defines repugnancy as an inconsistency between two legal instruments. Repugnancy can arise in three situations - direct conflict between laws, when laws cover the same field, or when a law is intended to occupy a field. For repugnancy to be established, the inconsistencies must be irreconcilable. The Supreme Court has interpreted that in cases of repugnancy, the Central law will prevail over the State law. The document outlines several cases that discuss applying the repugnancy doctrine when Central and State laws conflict.
The Indian constitution contains both federal and unitary features that define the relationship between the central and state governments. Some unitary features include a strong central government, single citizenship, and the ability of parliament to amend the constitution without state consent. Federal features include a written constitution that divides powers between the central and state lists, an independent judiciary, and representation of states in the upper house. Financial and administrative relations are also established to balance power between the two levels of government.
The document summarizes the amendments that have been made to the Constitution of Bangladesh since its inception in 1972. It describes 15 total amendments, providing details on what each amendment changed or added to the constitution. Some of the key amendments included introducing Islam as the state religion, changing to and from parliamentary to presidential systems of government, establishing provisions for caretaker governments to oversee elections, and increasing reserved parliamentary seats for women.
The 16th amendment to Bangladesh's constitution passed in 2014 empowered parliament to remove Supreme Court judges with a two-thirds majority vote for misconduct or incompetence. This reversed a 1975 amendment that transferred impeachment power to the president. While the amendment aimed to make the judiciary accountable to elected representatives, the Supreme Court struck it down in 2007, ruling judicial independence must be maintained. Impeachment power was returned to the Supreme Judicial Council, ensuring a more transparent process for removing judges.
Federal FeaturesThe federal features of the Constitution include:(1) A written constitution which defines the structure, organization and powers of the central as well as state governments(2) A rigid constitution which can be amended only with the consent of the states(3) An independent judiciary which acts as the guardian of the constitution.(4) A clear division of powers between the Center and the States through three lists- Union list, State list and Concurrent list(5) The creation of an Upper House (Rajya Sabha) which gives representation to the states, etc.
The document provides an overview of key aspects of Jamaica's constitution, including how it was established through an Order in Council, its status as the supreme law, provisions around alteration and entrenchment of certain sections, separation of powers, and judicial review. It also discusses interpretation of fundamental rights and freedoms provisions and legislation enacted to expand these rights pending full constitutional reform.
There are four main methods for amending Malaysia's constitution outlined in the document:
1) A simple majority in both houses of Parliament for minor amendments.
2) A two-thirds majority in both houses for other amendments.
3) A two-thirds majority in both houses plus consent from the Conference of Rulers for certain important amendments.
4) A two-thirds majority in both houses plus consent from the Yang di-Pertua Negeri of Sabah or Sarawak for amendments affecting their rights. Emergency powers provide a fifth method. The philosophy is to avoid processes that are too difficult or too easy to amend the constitution.
The document discusses rule of law in Bangladesh based on its constitution and realities. Key points:
- The Bangladesh constitution pledges to realize a socialist society where rule of law, fundamental rights, equality and justice are secured for all.
- However, in reality access to law and equality before it are only for the privileged. The judiciary has some independence but lower courts are controlled by the executive. Arbitrary arrests and detentions still occur under certain laws.
- Reforms are needed such as separating the judiciary from the executive, appointing an ombudsman, reforming law enforcement, and forging national unity around constitutional values to strengthen rule of law in Bangladesh.
Constitutional governance miniorities and secularism 2YOGENDRA VERMA
The document discusses constitutional governance in India with regards to minorities and secularism. It provides background on constitutional arrangements and defines key terms like constitution, government, and minorities. It then discusses how the Indian constitution establishes a federal parliamentary democratic republic with separation of powers among the executive, legislative, and judicial branches. The executive branch is led by the President, aided by the Vice President and Prime Minister. The two houses of parliament can amend the constitution, subject to limitations like not changing the basic structure. The document also outlines characteristics of minority groups in India and how secularism relates to treatment of minorities.
6 constitutional supremacy v parliamentary (1)Ainnabila Rosdi
This document discusses and compares the concepts of constitutional supremacy versus parliamentary supremacy. It provides details on the key implications of constitutional supremacy in Malaysia, which include:
1) The Constitution being the highest law of the land that takes precedence over ordinary laws and limits the powers of Parliament.
2) The federal structure of Malaysia which divides powers between the federal and state governments.
3) The ability of courts to conduct judicial review and invalidate laws and acts that are inconsistent with the Constitution.
4) The entrenchment of fundamental rights and liberties in the Constitution that even Parliament cannot encroach on.
Doctrine of basic structure of India's ConstitutionShantanu Basu
This document summarizes the Supreme Court of India's judicial activism in defending the constitution and citizens' rights. Key points include:
1) The court established that it has the power of judicial review over laws and constitutional amendments through its interpretations of Articles 13, 31, and 368.
2) Through cases like Golaknath, the court developed the basic structure doctrine, limiting parliament's power to amend fundamental rights and certain core constitutional features.
3) Subsequent cases like Keshavananda Bharati further expanded and consolidated the basic structure doctrine, establishing the court as the guardian of the constitution's essential elements.
4) The court has actively interpreted and expanded the scope of fundamental rights through an
The document outlines the six basic principles of the US Constitution: popular sovereignty, limited government, separation of powers, checks and balances, judicial review, and federalism. It also discusses the process of formal amendment, noting that the Constitution has been amended 27 times to address needed changes over time. Additionally, it analyzes how the Constitution has evolved through means other than formal amendment, such as legislation, executive actions, judicial decisions, and political customs and norms.
This document provides an overview of the key concepts of constitutionalism including:
- Constitutionalism involves limiting political power through rights provisions like free speech and structural provisions like separation of powers.
- Key aspects include respect for the rule of law, respect for human rights, checks on governmental discretionary powers, and responsible government through mechanisms like judicial review.
- The rule of law principles encompass legality, limits on executive discretion, an impartial justice system, and compliance with human rights values.
- Separation of powers means distributing the legislative, executive, and judicial powers across different government branches to prevent the concentration of full state power in one entity and promote accountability.
This document discusses services under the union and state governments in India. It covers several key points:
1) Civil services fall under both the union and state governments, with defense services only falling under the union. These services are regulated by laws and rules to govern recruitment and conditions of service.
2) While civil servants hold their positions during the pleasure of the President or Governor, rules governing recruitment and conditions of service have statutory force and can be enforced if violated. Dismissals in violation of constitutional provisions are void.
3) Parliament and state legislatures have powers to make laws on union and state services respectively. The President and Governors also have powers to make rules on recruitment and conditions of service using
This document provides definitions of key concepts like constitution and constitutional supremacy. It discusses the objectives and purposes of constitutional supremacy, including limiting government power and protecting fundamental rights. The document also summarizes the historical background of Malaysia's Federal Constitution, developed based on previous constitutions with input from foreign legal experts. It examines the supremacy clause in Article 4 of the Federal Constitution, establishing it as the supreme law that invalidates any inconsistent laws. The courts have power to review laws for consistency with the Constitution.
This document summarizes key points from an article on constitutional law in Pakistan.
The article discusses the distribution of legislative powers between the federal and provincial governments according to Part V and Chapter 1 of the Pakistani constitution.
It outlines that the federal parliament has exclusive power to make laws on matters in the Federal Legislative List, while provincial assemblies have power over matters not in that list. Both levels of government can make laws around criminal law, procedure and evidence.
The article then examines various constitutional law doctrines that relate to legislative powers, such as the doctrines of colourable legislation, pith and substance, and occupied field. It also discusses how conflicts between federal and provincial laws are resolved based on the doctrine of rep
This document discusses center-state relations in India based on the country's federal system. It covers three key areas: legislative relations, administrative relations, and financial relations between the central and state governments as outlined in the Indian constitution. For legislative relations, it describes the division of lawmaking powers between the union/central parliament and state legislatures. For administrative relations, it discusses techniques of central control over states and mechanisms for inter-state coordination. For financial relations, it outlines the allocation of tax revenues and financial resources between the center and states.
The document provides an overview of the distribution of legislative powers between the central and state governments in India based on the country's federal structure as outlined in the constitution. It discusses the territorial jurisdiction of each, as well as the three lists that divide legislative authority - the Union List (for central government), State List (for states), and Concurrent List (for both). The central government has residual powers for any matter not addressed in the other two lists. The document also examines principles for interpreting the scope of each list, such as giving broad interpretations and determining "pith and substance" when laws overlap areas of authority.
Administrative relation between centre and state art l lb cjyoti dharm
The document outlines the administrative relationship between the central and state governments in India. Key points include:
- The constitution allocates administrative responsibilities to achieve coordination between the center and states and settle disputes.
- The executive powers of the center and states are delineated based on the union, state and concurrent lists.
- Mechanisms for center-state coordination include the center giving directions to states, delegation of union functions, all-India services, grants-in-aid and statutory bodies.
- Disputes relating to water are adjudicated by tribunals per relevant laws.
The document discusses the key sources of constitutional law in Malaysia, which are:
1) The Federal Constitution, which is the supreme law of the land.
2) State Constitutions, which regulate the government of each individual state.
3) Legislation enacted by Parliament at the federal level and State Legislative Assemblies.
4) Subsidiary legislation made under powers delegated by Acts of Parliament or State Assemblies.
5) Judicial precedent established through court decisions and the doctrine of stare decisis.
6) Customs and conventions that supplement the written constitution through established practices.
The document discusses the basic structure doctrine of the Indian Constitution. It outlines key cases like Kesavananda Bharati v. State of Kerala that established that Parliament does not have unlimited power to amend the Constitution and cannot damage its basic structure. The basic features identified by judges include the supremacy of the Constitution, republican and democratic form of government, secularism, separation of powers, federalism, and unity and integrity of the nation. Later cases like Indira Nehru Gandhi v. Raj Narain added free and fair elections as a basic feature, while Minerva Mills v. Union of India established that harmonizing fundamental rights and directive principles is also a basic structure. In conclusion, the basic structure doctrine has
The constitution of Malaysia has several key features:
1) It establishes a federal system of government where legislative powers are divided between the federal and state governments.
2) It protects fundamental rights and freedoms for citizens while allowing these rights to be restricted during emergencies.
3) It establishes a constitutional monarchy where the King and state rulers act on the advice of the elected government except in limited areas of personal discretion.
4) It includes provisions for affirmative action policies to improve socioeconomic outcomes for Malays and indigenous groups in Sabah and Sarawak.
This document contains definitions for 50 common English idioms, including their literal and figurative meanings. Some examples included are "a bird in the hand is worth two in the bush" meaning having something certain is better than risking it for more, "a blessing in disguise" meaning something good that isn't recognized at first, and "all bark and no bite" meaning someone who threatens but isn't willing to engage in a fight. The document provides explanations of common idiomatic phrases to help understand their contextual meanings beyond literal translations.
This document provides rules and guidelines for English spelling, including exceptions. It discusses spelling patterns such as i before e, dropping silent e's, consonant doubling, and plural formation. Examples are given for each guideline to illustrate proper spelling. The overall message is that English spelling can be complex but following these general rules can help improve one's spelling.
The document provides an overview of key aspects of Jamaica's constitution, including how it was established through an Order in Council, its status as the supreme law, provisions around alteration and entrenchment of certain sections, separation of powers, and judicial review. It also discusses interpretation of fundamental rights and freedoms provisions and legislation enacted to expand these rights pending full constitutional reform.
There are four main methods for amending Malaysia's constitution outlined in the document:
1) A simple majority in both houses of Parliament for minor amendments.
2) A two-thirds majority in both houses for other amendments.
3) A two-thirds majority in both houses plus consent from the Conference of Rulers for certain important amendments.
4) A two-thirds majority in both houses plus consent from the Yang di-Pertua Negeri of Sabah or Sarawak for amendments affecting their rights. Emergency powers provide a fifth method. The philosophy is to avoid processes that are too difficult or too easy to amend the constitution.
The document discusses rule of law in Bangladesh based on its constitution and realities. Key points:
- The Bangladesh constitution pledges to realize a socialist society where rule of law, fundamental rights, equality and justice are secured for all.
- However, in reality access to law and equality before it are only for the privileged. The judiciary has some independence but lower courts are controlled by the executive. Arbitrary arrests and detentions still occur under certain laws.
- Reforms are needed such as separating the judiciary from the executive, appointing an ombudsman, reforming law enforcement, and forging national unity around constitutional values to strengthen rule of law in Bangladesh.
Constitutional governance miniorities and secularism 2YOGENDRA VERMA
The document discusses constitutional governance in India with regards to minorities and secularism. It provides background on constitutional arrangements and defines key terms like constitution, government, and minorities. It then discusses how the Indian constitution establishes a federal parliamentary democratic republic with separation of powers among the executive, legislative, and judicial branches. The executive branch is led by the President, aided by the Vice President and Prime Minister. The two houses of parliament can amend the constitution, subject to limitations like not changing the basic structure. The document also outlines characteristics of minority groups in India and how secularism relates to treatment of minorities.
6 constitutional supremacy v parliamentary (1)Ainnabila Rosdi
This document discusses and compares the concepts of constitutional supremacy versus parliamentary supremacy. It provides details on the key implications of constitutional supremacy in Malaysia, which include:
1) The Constitution being the highest law of the land that takes precedence over ordinary laws and limits the powers of Parliament.
2) The federal structure of Malaysia which divides powers between the federal and state governments.
3) The ability of courts to conduct judicial review and invalidate laws and acts that are inconsistent with the Constitution.
4) The entrenchment of fundamental rights and liberties in the Constitution that even Parliament cannot encroach on.
Doctrine of basic structure of India's ConstitutionShantanu Basu
This document summarizes the Supreme Court of India's judicial activism in defending the constitution and citizens' rights. Key points include:
1) The court established that it has the power of judicial review over laws and constitutional amendments through its interpretations of Articles 13, 31, and 368.
2) Through cases like Golaknath, the court developed the basic structure doctrine, limiting parliament's power to amend fundamental rights and certain core constitutional features.
3) Subsequent cases like Keshavananda Bharati further expanded and consolidated the basic structure doctrine, establishing the court as the guardian of the constitution's essential elements.
4) The court has actively interpreted and expanded the scope of fundamental rights through an
The document outlines the six basic principles of the US Constitution: popular sovereignty, limited government, separation of powers, checks and balances, judicial review, and federalism. It also discusses the process of formal amendment, noting that the Constitution has been amended 27 times to address needed changes over time. Additionally, it analyzes how the Constitution has evolved through means other than formal amendment, such as legislation, executive actions, judicial decisions, and political customs and norms.
This document provides an overview of the key concepts of constitutionalism including:
- Constitutionalism involves limiting political power through rights provisions like free speech and structural provisions like separation of powers.
- Key aspects include respect for the rule of law, respect for human rights, checks on governmental discretionary powers, and responsible government through mechanisms like judicial review.
- The rule of law principles encompass legality, limits on executive discretion, an impartial justice system, and compliance with human rights values.
- Separation of powers means distributing the legislative, executive, and judicial powers across different government branches to prevent the concentration of full state power in one entity and promote accountability.
This document discusses services under the union and state governments in India. It covers several key points:
1) Civil services fall under both the union and state governments, with defense services only falling under the union. These services are regulated by laws and rules to govern recruitment and conditions of service.
2) While civil servants hold their positions during the pleasure of the President or Governor, rules governing recruitment and conditions of service have statutory force and can be enforced if violated. Dismissals in violation of constitutional provisions are void.
3) Parliament and state legislatures have powers to make laws on union and state services respectively. The President and Governors also have powers to make rules on recruitment and conditions of service using
This document provides definitions of key concepts like constitution and constitutional supremacy. It discusses the objectives and purposes of constitutional supremacy, including limiting government power and protecting fundamental rights. The document also summarizes the historical background of Malaysia's Federal Constitution, developed based on previous constitutions with input from foreign legal experts. It examines the supremacy clause in Article 4 of the Federal Constitution, establishing it as the supreme law that invalidates any inconsistent laws. The courts have power to review laws for consistency with the Constitution.
This document summarizes key points from an article on constitutional law in Pakistan.
The article discusses the distribution of legislative powers between the federal and provincial governments according to Part V and Chapter 1 of the Pakistani constitution.
It outlines that the federal parliament has exclusive power to make laws on matters in the Federal Legislative List, while provincial assemblies have power over matters not in that list. Both levels of government can make laws around criminal law, procedure and evidence.
The article then examines various constitutional law doctrines that relate to legislative powers, such as the doctrines of colourable legislation, pith and substance, and occupied field. It also discusses how conflicts between federal and provincial laws are resolved based on the doctrine of rep
This document discusses center-state relations in India based on the country's federal system. It covers three key areas: legislative relations, administrative relations, and financial relations between the central and state governments as outlined in the Indian constitution. For legislative relations, it describes the division of lawmaking powers between the union/central parliament and state legislatures. For administrative relations, it discusses techniques of central control over states and mechanisms for inter-state coordination. For financial relations, it outlines the allocation of tax revenues and financial resources between the center and states.
The document provides an overview of the distribution of legislative powers between the central and state governments in India based on the country's federal structure as outlined in the constitution. It discusses the territorial jurisdiction of each, as well as the three lists that divide legislative authority - the Union List (for central government), State List (for states), and Concurrent List (for both). The central government has residual powers for any matter not addressed in the other two lists. The document also examines principles for interpreting the scope of each list, such as giving broad interpretations and determining "pith and substance" when laws overlap areas of authority.
Administrative relation between centre and state art l lb cjyoti dharm
The document outlines the administrative relationship between the central and state governments in India. Key points include:
- The constitution allocates administrative responsibilities to achieve coordination between the center and states and settle disputes.
- The executive powers of the center and states are delineated based on the union, state and concurrent lists.
- Mechanisms for center-state coordination include the center giving directions to states, delegation of union functions, all-India services, grants-in-aid and statutory bodies.
- Disputes relating to water are adjudicated by tribunals per relevant laws.
The document discusses the key sources of constitutional law in Malaysia, which are:
1) The Federal Constitution, which is the supreme law of the land.
2) State Constitutions, which regulate the government of each individual state.
3) Legislation enacted by Parliament at the federal level and State Legislative Assemblies.
4) Subsidiary legislation made under powers delegated by Acts of Parliament or State Assemblies.
5) Judicial precedent established through court decisions and the doctrine of stare decisis.
6) Customs and conventions that supplement the written constitution through established practices.
The document discusses the basic structure doctrine of the Indian Constitution. It outlines key cases like Kesavananda Bharati v. State of Kerala that established that Parliament does not have unlimited power to amend the Constitution and cannot damage its basic structure. The basic features identified by judges include the supremacy of the Constitution, republican and democratic form of government, secularism, separation of powers, federalism, and unity and integrity of the nation. Later cases like Indira Nehru Gandhi v. Raj Narain added free and fair elections as a basic feature, while Minerva Mills v. Union of India established that harmonizing fundamental rights and directive principles is also a basic structure. In conclusion, the basic structure doctrine has
The constitution of Malaysia has several key features:
1) It establishes a federal system of government where legislative powers are divided between the federal and state governments.
2) It protects fundamental rights and freedoms for citizens while allowing these rights to be restricted during emergencies.
3) It establishes a constitutional monarchy where the King and state rulers act on the advice of the elected government except in limited areas of personal discretion.
4) It includes provisions for affirmative action policies to improve socioeconomic outcomes for Malays and indigenous groups in Sabah and Sarawak.
This document contains definitions for 50 common English idioms, including their literal and figurative meanings. Some examples included are "a bird in the hand is worth two in the bush" meaning having something certain is better than risking it for more, "a blessing in disguise" meaning something good that isn't recognized at first, and "all bark and no bite" meaning someone who threatens but isn't willing to engage in a fight. The document provides explanations of common idiomatic phrases to help understand their contextual meanings beyond literal translations.
This document provides rules and guidelines for English spelling, including exceptions. It discusses spelling patterns such as i before e, dropping silent e's, consonant doubling, and plural formation. Examples are given for each guideline to illustrate proper spelling. The overall message is that English spelling can be complex but following these general rules can help improve one's spelling.
Synonyms are words that have the same or nearly the same meaning. The document provides examples of synonyms for different parts of speech including nouns like annihilation/destruction and adjectives like fertile/fruitful/abundant. It also lists references for additional information on synonyms.
This document discusses various aspects of reading comprehension and techniques. It defines reading comprehension as understanding what is read by decoding text, making connections, and deep thinking. Comprehension requires vocabulary and the ability to draw conclusions. The document contrasts active reading, which involves understanding and evaluating relevance, with passive reading. It also discusses the importance of pronunciation, enunciation, and techniques like skimming, scanning, meta guiding, and critical reading.
This document discusses noun numbers (singular and plural) and rules for forming plurals in English. It covers 4 main rules:
1. Nouns ending in ch, sh, x, s, ss add "es" to form the plural.
2. Nouns ending in o add "es" to form the plural.
3. Nouns ending in a consonant + y drop the y and add "ies" to form the plural.
4. Nouns ending in f or fe add "ves" to form the plural.
There are exceptions to each rule. The document also discusses irregular plural forms and words that stay the same in both singular and plural. Exercises
This document defines key terms related to measuring national income and output, including Gross Domestic Product (GDP), value added approach, inventory changes, GDP expenditure approach, GDP income approach, Gross National Product (GNP), Net National Product (NNP), National Income (NI), Personal Income (PI), Disposable Personal Income (DPI), nominal and real GDP, price indexes like GDP price index and CPI, and sources used in compiling the information.
The document discusses infinitives and their uses in sentences. Infinitives are verbs with "to" and can be used as subjects, objects, or after objects. They generally express purpose. Infinitives should not replace present participles and must be used to indicate purpose after another verb. Specific constructions like "going to", "to be to", and "have to" are also explained in terms of their meanings and uses.
This document discusses self-confidence and ways to improve it. It begins by defining self-confidence and explaining that it is believing in one's own abilities. It then lists and describes 9 qualities of confident people such as being self-assured, ambitious, and positive. Further, it discusses factors that influence self-esteem such as praise and criticism. The document concludes by outlining 13 ways to build self-confidence including avoiding negative self-talk, setting goals confidently, and keeping an openness to change.
Summary of Final Report Lubuklinggau Orthoimagery Creation Project, 2012, BAP...bramantiyo marjuki
Citra tegak resolusi tinggi kota Lubuk Linggau dibuat untuk mendukung penyusunan RDTR Kota Lubuk Linggau. Citra tersebut dihasilkan dari proses orthorektifikasi, pan sharpening, mosaicking, dan tiling yang menggunakan citra satelit Quickbird, WorldView-1, dan RapidEye serta DEM ASTER. Hasil akhir berupa citra tegak dengan resolusi 2,5 meter yang akan digunakan sebagai peta dasar penyusunan RDTR.
This document discusses contracts of guarantee under Indian law. It defines key parties in a contract of guarantee as the surety, principal debtor, and creditor. It outlines types of guarantees as specific or continuing. It explains rules around revocation of continuing guarantees, liability of the surety, discharge of the surety, consideration, and distinction between contracts of guarantee, indemnity and insurance. Key points covered are types of guarantees, rights and liabilities of parties, essential elements, and discharge or revocation of a guarantee.
This document discusses Porter's generic strategies, which are three approaches a company can take to gain a competitive advantage: low cost leadership, differentiation, and focus. It explains the requirements for each generic strategy, such as sustained capital investment and tight cost control for low cost leadership. Differentiation requires strong marketing abilities and product engineering. The focus strategy combines elements of cost leadership or differentiation targeted at a specific segment.
Review Perencanaan Desain Tapak Pengelolaan Pariwisata Pada Zona Pemanfaatan ...bramantiyo marjuki
Tugas kelompok ini merupakan review terhadap perencanaan desain tapak pengelolaan pariwisata di Bukit Tekenang, Taman Nasional Danau Sentarum. Perencanaan ini menggunakan pendekatan top-down dengan mempertimbangkan peraturan dan potensi wilayah, serta mengakomodasi masyarakat setempat dalam pengembangan pariwisata di kawasan konservasi.
E-commerce allows businesses and individuals to transact online. It includes online business-to-business and business-to-consumer transactions as well as digital delivery of products and services. There are several types of e-commerce such as business-to-business, business-to-consumer, business-to-government, and consumer-to-consumer. Advantages include the ability to shop anytime from home while saving time and money, but disadvantages include security concerns, uncertainty about product quality, and difficulties returning goods.
Mba 2 fm u 4 operating and financial leverage,management of working capitalRai University
This document discusses financial and operating leverage. It defines financial leverage as using debt and preference shares in addition to equity in a company's capital structure. This allows earnings from fixed-cost funds like debt to be leveraged to increase returns to shareholders if the cost of debt is lower than returns on assets. However, it also increases risk. The document also defines operating leverage as how much a company's operating profits (EBIT) change with sales. It discusses how financial and operating leverage combine to impact earnings per share and risk.
The document discusses the Security Council and international hijacking. Regarding the Security Council, it has primary responsibility for international peace and security. It can authorize enforcement actions like military or economic sanctions against states that threaten peace. On hijacking, the document outlines how hijackings were traditionally handled by getting the plane to land safely and letting security forces respond. It also discusses protocols for pilots to signal a hijacking, prevention methods like strengthened cockpit doors and air marshals, and screening of passengers and luggage to prevent weapons onboard.
Faktor - Faktor Disparitas Antar Wilayah Kabupaten Patibramantiyo marjuki
Dokumen tersebut membahas analisis faktor-faktor yang mempengaruhi disparitas antara wilayah Pati Utara dan Pati Selatan di Kabupaten Pati, dengan menggunakan metode analisis faktor Principal Component Analysis terhadap berbagai variabel seperti geografis, pemerintahan, kependudukan, sosial, ekonomi, pertanian dan perdagangan."
Total station adalah alat ukur sudut dan jarak yang terintegrasi dalam satu unit, mampu menghitung koordinat secara langsung. Tahapan kerjanya meliputi penempatan statif di atas titik, pengaturan nivelmen dan centering untuk mengarahkan pembidik ke titik sasaran, serta pengukuran dan penyimpanan data koordinat untuk pengolahan selanjutnya.
This document discusses the sanctity of constitutions and amendments to the Malawi Constitution. It begins by defining what a constitution is, noting that constitutions differ from ordinary legislation in their origins, adoption processes, language, inclusion of bills of rights, and methods of interpretation. The document then discusses how Malawi's 1994 Constitution was adopted against a background of rejecting the previous one-party dictatorship. It notes that over 90 sections of Malawi's Constitution have been amended in the first 10 years, with some amendments passed for political expediency rather than national interest. The document aims to examine amendment processes and preserve the Constitution's sanctity by restricting amendments to those that serve national rather than political goals.
This document provides a comparative study of the processes for amending the constitutions of the United Kingdom, United States, and India. It outlines the amendment procedures for each country. In the United States, amendments can be proposed either through Congress or a national convention, and require ratification by 3/4 of state legislatures. In the UK, Parliament can amend the unwritten constitution through ordinary legislation. India's amendment process involves approval by a supermajority in Parliament. The document analyzes differences in flexibility between the constitutions and the involvement of state legislatures in federal systems like the US and India.
The dispute over the Constitution's "fundamental structure," which had been dormant in the archives of India's constitutional history for the last decade of the twentieth century, has resurfaced in the public sphere.
The document discusses key aspects of a constitution including that it establishes the framework of government, assigns powers and duties, and protects citizen rights. A good constitution is brief, broad, and definite. It should contain provisions on the structure of government, fundamental rights, and the amendment process. Constitutional amendments allow modifications to respond to changing needs but require rigorous processes like legislative approval or public ratification.
Bjmc i, igp, unit-iii, center state relationshipRai University
1. The Indian Constitution provides for a federal system with a central government and state governments, similar to the US. However, it also allows the central government to assume extraordinary powers over states during emergencies.
2. During emergencies, the central government can take on the powers of state governments and administrations. It can also issue directions to states on how to exercise executive powers.
3. The central government has significant influence and control over state governments and administrations. It can impose president's rule over states and remove state governments. Governors are also appointed by the central government.
Basic Structure Doctrine ALS on 11th Feb 2014 last updated on 11th Feb 2014.pptAbhishekTripathi655480
The document discusses the power and procedure of constitutional amendments in India and the struggle for power between the higher judiciary and parliament. It provides details about an upcoming lecture on this topic to be delivered by Abdul Hafiz Gandhi. It then lists several other forthcoming lectures, workshops, discussions and events on various legal topics that will be organized by Amity Law School. These include discussions on constitutional provisions, personal laws, judicial appointments, fundamental rights, press freedom and more.
02THE TEXAS CONSTITUTION 2.9 ArticlesArticles of the Texas.docxmercysuttle
02
THE TEXAS CONSTITUTION / 2.9 Articles
Articles of the Texas Constitution
The Texas Constitution consists of a preamble followed by 17 articles, starting with the bill of rights (Article I) and ending with the mode of amendment (Article XVII). The articles cover both the essential features of government, such as powers and institutions, and more tangential items, including railroads (Article X) and private corporations (Article XII).
Preamble
In the preamble to the Texas Constitution, the framers used just 20 words to introduce the approximately 23,500 remaining words (today, with amendments, more than 85,000). By comparison, the framers of the U.S. Constitution used 52 words in their preamble.
Image courtesy of Joshua Blank and the Texas Politics Project
Bill of Rights
The bill of rights in the Texas Constitution can be better understood by comparing it to the Bill of Rights of the United States Constitution. Texas puts the bill of rights at the beginning of its constitution, in Article I. By contrast, the U.S. Constitution included its Bill of Rights only as an addendum—the first ten amendments.
Originally spanning 29 sections, the Texas Bill of Rights may seem to be more extensive than the entire U.S. Constitution. But in fact, there is considerable overlap in the Texas document, giving it only the appearance of covering more ground; for example, freedom of religion is enshrined in specific ways in several early sections (4-7).
Generally speaking, both bills of rights cover the same items, just in a different order. In the Texas Bill of Rights, the freedoms of speech and the press are protected in section 8. Peaceful public assembly, the last of the U.S. First Amendment rights, appears in section 27. Protection against unwarranted searches and seizures is assured in section 9.
Rights of the accused in criminal prosecutions are specified in sections 10-21, which include the following:
· A right to a speedy trial
· Not having to provide evidence against oneself
· A right to bail
· The obligation of the state to provide its own evidence to support charges
· Protection against double jeopardy
· A right to a trial by jury
· No ex post facto laws
· No imprisonment for debts
· Requirement of due process of law
The Texas Bill of Rights has a declaratory tone that differs from that of the U.S. Constitution. In reaction to perceived government overreach by the Radical Republicans, the framers of the Texas document justified its specific protections with sweeping generalizations aimed at what they saw as the major political dangers of the time:
· National government—“The maintenance of our free institutions and the perpetuity of the Union depend upon the preservation of the right of local self-government unimpaired to all the States” (Article I, section 1). This suggests a threat of secession.
· State government—“[The people of Texas] have at all times the inalienable right to alter, reform or abolish their government in such manner as they may t ...
The document discusses the amending provisions in the Indian constitution. It notes that no constitution is complete without amendment and that amendment allows future generations to adapt the constitution to their needs. It outlines the genesis of amendment provisions in India, defines key terms, and describes the different modes and types of amendments. It also summarizes several important Supreme Court cases related to limitations on constitutional amendments, including the establishment of the basic structure doctrine.
This document provides an overview of the key features and salient aspects of the Indian Constitution. It discusses that the Indian Constitution is the longest in the world and covers many matters that could be addressed through ordinary legislation. It describes the Indian Constitution as a combination of rigid and flexible, with some provisions more easily amended than others. The Constitution establishes a quasi-federal system of government with power shared between the central and state governments, though the central government holds certain overriding powers. Overall, the Constitution aims to establish a sovereign, socialist, secular, democratic republic.
The document summarizes the key components and principles of the US Constitution, including the three branches of government, amendments, and both formal and informal processes of constitutional change. It outlines the 27 amendments under categories such as the Bill of Rights, Civil War amendments, and 20th century amendments. The informal amendment process can occur through legislation, executive action, court decisions, political party practices, and custom.
The solution is the constitution not artilce vmiscott57
With a surge of pressure being put on state legislators this year to apply for an Article V convention, here are three reasons to oppose all such constitutional convention applications.
The document summarizes the key weaknesses of the Articles of Confederation, including that it had a unicameral legislature without separation of powers, the central government was too weak with most power held by states, Congress could not tax or regulate commerce between states, and amendments required unanimous approval which made changes impossible. It then provides an overview of the key aspects of the US Constitution, outlining the establishment of the legislative, executive, and judicial branches along with their powers, and how states relate to the federal government. Amendments 1-10 are summarized as the Bill of Rights protecting individual freedoms, followed by brief descriptions of Amendments 11-27.
The document summarizes the key aspects and amendments of the United States Constitution. It outlines the original 7 articles that established the separation of powers and federalism. It then describes the 27 amendments, including those that protect civil rights and liberties. The amendments have adapted the Constitution to meet the changing needs of the nation over time. The document provides context on the framers' original intent for the Constitution to serve the people and balance governmental powers.
Can Fundamental Rights be amended under aticle 13(4)zaztha1
The document discusses several Supreme Court cases related to whether constitutional amendments can limit fundamental rights in India. The key cases find that:
1) Constitutional amendments made under Article 368 are not considered "laws" under Article 13, so they are not void for abridging fundamental rights (Shankari Prasad case).
2) The power to amend the constitution is contained in Article 368, not other legislative powers, so amendments can limit fundamental rights (Kesavananda Bharati case).
3) However, amendments cannot alter the "basic structure" of the constitution, like its republican form or secular nature (Kesavananda Bharati case). This established the basic structure doctrine that limits the
The document outlines the key principles and structure of the US Constitution. It establishes that the Constitution sets forth the basic principles of popular sovereignty, limited government, separation of powers, checks and balances, and federalism. It is comprised of a preamble and 7 articles, which establish the three branches of government and their powers, the relationship between federal and state governments, and the process for ratifying amendments. The Constitution can be formally amended through a process that involves approval by Congress and the states, or informally amended over time through legislation, executive actions, court decisions, political practices, and customs.
Contentions in Implementing 18th amedment in Balochistan - Conference Paper (...farooq568502
The document summarizes a research paper analyzing contentions that arose in implementing Pakistan's 18th constitutional amendment in Balochistan. Key points:
- The 18th amendment devolved many powers from the federal to provincial governments, including control over natural resources and funds distribution. However, Balochistan has concerns over its share of gas revenue and royalty payments.
- The amendment also gave concurrent jurisdiction to provinces over criminal law, but this led to complexities as some provinces asserted exclusive control, going against the amendment's intent. It also impacted national accountability and police laws.
- The paper examines perspectives of the federal and Balochistan governments on implementing the 18th amendment provisions regarding executive powers, emergency rule, resources
The document discusses amendments made to the Bangladesh constitution over time and the legal issues surrounding the 5th amendment. Key points:
- The 1st-4th amendments made changes like allowing laws for war criminals and allowing states of emergency.
- The 5th amendment in 1979 legitimized actions taken during martial law from 1975-1979 and gave the constitution an Islamic character by removing secularism.
- In 2005, the high court declared the 5th amendment unconstitutional, reviving the original secular principles. This impacts Bangladesh's relations with other Muslim countries.
- The legitimacy of martial law regimes and retrospective validation of their actions through amendments like the 5th are ongoing constitutional issues in Bangladesh.
Similar to Bachelor of Journalism & Mass communication, Indian Govt. Politics, Bjmc i,jmc, unit-i, constitution as an instrum ent of social change (20)
Rai University provides high quality education for MSc, Law, Mechanical Engineering, BBA, MSc, Computer Science, Microbiology, Hospital Management, Health Management and IT Engineering.
The document discusses various types of retailers including specialty stores, department stores, supermarkets, convenience stores, and discount stores. It then covers marketing decisions for retailers related to target markets, product assortment, store services, pricing, promotion, and store location. The document also discusses wholesaling, including the functions of wholesalers, types of wholesalers, and marketing decisions faced by wholesalers.
This document discusses marketing channels and channel management. It defines marketing channels as sets of interdependent organizations that make a product available for use. Channels perform important functions like information gathering, stimulating purchases, negotiating prices, ordering, financing inventory, storage, and payment. Channel design considers customer expectations, objectives, constraints, alternatives that are evaluated. Channel management includes selecting, training, motivating, and evaluating channel members. Channels are dynamic and can involve vertical, horizontal, and multi-channel systems. Conflicts between channels must be managed to balance cooperation and competition.
The document discusses integrated marketing communication and its various elements. It defines integrated marketing communication as combining different communication modes like advertising, sales promotion, public relations, personal selling, and direct marketing to provide a complete communication portfolio to audiences. It also discusses the communication process and how each element of the marketing mix communicates to customers. The document provides details on the key components of an integrated marketing communication mix and how it can be used to build brand equity.
Pricing is a key element in determining the profitability and success of a business. The price must be set correctly - if too high, demand may decrease and the product may be priced out of the market, but if too low, revenue may not cover costs. Pricing strategies should consider the product lifecycle stage, costs, competitors, and demand factors. Common pricing methods include penetration pricing for new products, market skimming for premium products, value pricing based on perceived worth, and cost-plus pricing which adds a markup to costs. Price affects demand through price elasticity, with elastic demand more sensitive to price changes.
The document discusses various aspects of branding such as definitions of a brand, brand positioning, brand name selection, brand sponsorship, brand development strategies like line extensions and brand extensions, challenges in branding, importance of packaging, labeling, and universal product codes. It provides examples of well-known brands and analyzes their branding strategies. The key points covered are creating emotional value for customers, building relationships and loyalty, using brands to project aspirational lifestyles and values to command premium prices.
This document outlines the key stages in the new product development (NPD) process. It begins with generating ideas for new products, which can come from internal or external sources. Ideas are then screened using criteria like market size and development costs. Successful concepts are developed and test marketed to customers. If testing goes well, the product proceeds to commercialization with a full market launch. The NPD process helps companies focus their resources on projects most likely to be rewarding and brings new products to market more quickly. It describes common challenges in NPD like defining specifications and managing resources and timelines, and how to overcome them through planning and cross-functional involvement.
A product is an item offered for sale that can be physical or virtual. It has a life cycle and may need to be adapted over time to remain relevant. A product needs to serve a purpose, function well, and be effectively communicated to users. It also requires a name to help it stand out.
A product hierarchy has multiple levels from core needs down to specific items. These include the need, product family, class, line, type, and item or stock keeping unit.
Products go through a life cycle with stages of development, introduction, growth, maturity, and decline. Marketing strategies must adapt to each stage such as heavy promotion and price changes in introduction and maturity.
This document discusses barriers between marketing researchers and managerial decision makers. It identifies three types of barriers: behavioral, process, and organizational. Specific behavioral barriers discussed include confirmatory bias, the difficulty balancing creativity and data, and the newcomer syndrome. Process barriers include unsuccessful problem definition and research rigidity. Organizational barriers include misuse of information asymmetries. The document also discusses ethical issues in marketing research such as deceptive practices, invasion of privacy, and breaches of confidentiality.
The document discusses best practices for organizing, writing, and presenting a marketing research report. It provides guidance on structuring the report with appropriate headings, formatting the introduction and conclusion/recommendation sections, effectively utilizing visuals like tables and graphs, and tips for an ethical and impactful oral presentation of the findings. The goal is to clearly communicate the research results and insights to the client to inform their decision-making.
This document discusses marketing research and its key steps and methods. Marketing research involves collecting, analyzing and communicating information to make informed marketing decisions. There are 5 key steps in marketing research: 1) define the problem, 2) collect data, 3) analyze and interpret data, 4) reach a conclusion, 5) implement the research. Common data collection methods include interviews, surveys, observations, and experiments. The data is then analyzed using statistical techniques like frequency, percentages, and means to interpret the findings and their implications for marketing decisions.
Bdft ii, tmt, unit-iii, dyeing & types of dyeing,Rai University
Dyeing is a method of imparting color to textiles by applying dyes. There are two major types of dyes - natural dyes extracted from plants/animals/minerals and synthetic dyes made in a laboratory. Dyes can be applied at different stages of textile production from fibers to yarns to fabrics to finished garments. Common dyeing methods include stock dyeing, yarn dyeing, piece dyeing, and garment dyeing. Proper dye and method selection are needed for good colorfastness.
Bsc agri 2 pae u-4.4 publicrevenue-presentation-130208082149-phpapp02Rai University
The government requires public revenue to fund its political, social, and economic activities. There are three main sources of public revenue: tax revenue, non-tax revenue, and capital receipts. Tax revenue is collected through direct taxes like income tax, which are paid directly to the government, and indirect taxes like sales tax, where the burden can be shifted to other parties. Non-tax revenue sources include profits from public enterprises, railways, postal services, and the Reserve Bank of India. While taxes provide wide coverage and influence production, they can also reduce incentives to work and increase inequality.
Public expenditure has increasingly grown over time to fulfill three main roles: protecting society, protecting individuals, and funding public works. The growth can be attributed to several causes like increased income, welfare state ideology, effects of war, increased resources and ability to finance expenditures, inflation, and effects of democracy, socialism, and development. There are also canons that govern public spending like benefits, economy, and approval by authorities. The effects of public expenditure include impacts on consumption, production through efficiency, incentives and allocation, and distribution of resources.
Public finance involves the taxing and spending activities of government. It focuses on the microeconomic functions of government and examines taxes and spending. Government ideology can view the community or individual as most important. In the US, the federal government has more spending flexibility than states. Government spending has increased significantly as a percentage of GDP from 1929 to 2001. Major items of federal spending have shifted from defense to entitlements like Social Security and Medicare. Revenues mainly come from individual income taxes, payroll taxes, and corporate taxes at the federal level and property, sales, and income taxes at the state and local levels.
This document provides an overview of public finance. It defines public finance as the study of how governments raise money through taxes and spending, and how these activities affect the economy. It discusses why public finance is needed to provide public goods and services, redistribute wealth, and correct issues like pollution. The key aspects of public finance covered are government spending, revenue sources like income taxes, and how fiscal policy around spending and taxation can influence economic performance.
The document discusses the classical theory of inflation and how it relates to money supply. It states that inflation is defined as a rise in the overall price level in an economy. The quantity theory of money explains that inflation is primarily caused by increases in the money supply as controlled by the central bank. When the money supply grows faster than the amount of goods and services, it leads to too much money chasing too few goods and a rise in prices, or inflation. The document also notes that hyperinflation, which is a very high rate of inflation, can occur when governments print too much money to fund spending.
Bsc agri 2 pae u-3.2 introduction to macro economicsRai University
This document provides an introduction to macroeconomics. It defines macroeconomics as the study of national economies and the policies that governments use to affect economic performance. It discusses key issues macroeconomists address such as economic growth, business cycles, unemployment, inflation, international trade, and macroeconomic policies. It also outlines different macroeconomic theories including classical, Keynesian, and unified approaches.
Market structure identifies how a market is composed in terms of the number of firms, nature of products, degree of monopoly power, and barriers to entry. Markets range from perfect competition to pure monopoly based on imperfections. The level of competition affects consumer benefits and firm behavior. While models simplify reality, they provide benchmarks to analyze real world situations, where regulation may influence firm actions.
This document discusses the concept of perfect competition in economics. It defines perfect competition as a market with many small firms, identical products, free entry and exit of firms, and complete information. The document outlines the key features of perfect competition including: a large number of buyers and sellers, homogeneous products, no barriers to entry or exit, and profit maximization by firms. It also discusses the short run and long run equilibrium of a perfectly competitive firm, including cases where firms experience super normal profits, normal profits, or losses.
Bachelor of Journalism & Mass communication, Indian Govt. Politics, Bjmc i,jmc, unit-i, 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
81
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.
82
INDIAN GOVERNM ENT AND POLITICS
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
84
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