These Are The Opening Words of The Preamble To The Indian Constitution
These Are The Opening Words of The Preamble To The Indian Constitution
These Are The Opening Words of The Preamble To The Indian Constitution
purpose and principles of the document, and it indicates the source from which the document
derives its authority, meaning, the people.[1] The hopes and aspiration of the people as well as the
ideals before our nation are described in the preamble in clear cut words. It may be considered as
the soul of Constitution. The preamble can be referred to as the preface which highlights the
essence of the entire Constitution. It was adopted on 26 November 1949 by the Constituent
Assembly and came into effect from 26th January, 1950. These are the opening words of the
preamble to the Indian Constitution
“ WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a
SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its
citizens:
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
The Constitution of India is the supreme law of India. It is a living document, the permanent
instrument which makes the government system work. [1] It lays down the framework defining
fundamental political principles, establishes the structure, procedures, powers and duties of
government institutions and sets out fundamental rights, directive principles and the duties of
citizens. It is the longest written constitution of any sovereign country in the world. [Note 1][2] Dr. Bhimrao
Ramji Ambedkar is regarded as the chief architect of the Indian Constitution, but it was the
Constituent Assembly that worked under Dr Ambedkar and his team that drafted the final copy of the
Indian Constitution.
Jawaharlal Nehru signing the Constitution
The Constitution was adopted by the India Constituent Assembly on 26 November 1949, and came
into effect on 26 January 1950.[4]The date of 26 January was chosen to commemorate the Purna
Swaraj declaration of independence of 1930. With its adoption, theUnion of India officially became
the modern and contemporary Republic of India and it replaced the Government of India Act 1935 as
the country's fundamental governing document. To ensure constitutional autochthony, the framers of
constitution inserted Article 395 in the constitution and by this Article, the Government of India Act
1935 and the Indian Independence Act, 1947 were repealed. [5]India celebrates the coming into force
of the constitution on 26 January each year as Republic Day.[6]
Contents
[hide]
1Background
2Previous legislation used as sources
3Constituent assembly
o 3.1Drafting
o 3.2Influence of other constitutions
4Structure
o 4.1Parts
o 4.2Schedules
o 4.3Appendices
5The constitution and the government
6The constitution and the legislature
o 6.1Amendment
o 6.2Limitations
7The constitution and the judiciary
o 7.1Judicial review
8The constitution - a living document
9See also
10Notes
o 10.1Notes on Article 21
11References
12Bibliography
13External links
Background[edit]
Dr. Ambedkar is hailed as the prime architect of the Indian Constitution
The major portion of the Indian subcontinent was under British rule from 1857 to 1947. When the
Constitution of India came into force on 26 January 1950, it repealed the Indian Independence Act.
India ceased to be a dominion of the British Crown and became a sovereign democratic republic.
Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, 393 and 394 came into force on 26
Nov 1949 and remaining articles on 26 Jan 1950.[9]
Constituent assembly[edit]
Main article: Constituent Assembly of India
The Constitution was drafted by the Constituent Assembly, which was elected by the elected
members of the provincial assemblies.[10]The 389 member Constituent Assembly took almost three
years (two years, eleven months and seventeen days to be precise) to complete its historic task of
drafting the Constitution for Independent India. During this period, it held eleven sessions covering a
total of 165 days. Of these, 114 days were spent on the consideration of the Draft Constitution. On
29 August 1947, the Constituent Assembly set up a Drafting Committee under the Chairmanship of
Dr. B.R. Ambedkar to prepare a Draft Constitution for India. While deliberating upon the draft
Constitution, the Assembly moved, discussed and disposed of as many as 2,473 amendments out of
a total of 7,635 tabled.[11] Dr B.R. Ambedkar, Sanjay Phakey, Jawaharlal Nehru, C.
Rajagopalachari, Rajendra Prasad, Sardar Vallabhbhai Patel, Kanaiyalal Munshi, Purushottam
Mavalankar, Sandipkumar Patel, Maulana Abul Kalam Azad, Shyama Prasad Mukherjee, Nalini
Ranjan Ghosh, and Balwantrai Mehta were some important figures in the Assembly. There were
more than 30 members of the scheduled classes. Frank Anthony represented the Anglo-Indian
community, and the Parsis were represented by H. P. Modi. The Chairman of the Minorities
Committee was Harendra Coomar Mookerjee, a distinguished Christian who represented all
Christians other than Anglo-Indians. Ari Bahadur Gururng represented the Gorkha Community.
Prominent jurists like Alladi Krishnaswamy Iyer, Benegal Narsing Rau and K. M. Munshi, Ganesh
Mavlankar were also members of the Assembly. Sarojini Naidu, Hansa Mehta, Durgabai
Deshmukh, Rajkumari Amrit Kaur and Vijayalakshmi Pandit were important women members.
The first temporary 2-day president of the Constituent Assembly was Dr Sachchidananda Sinha.
Later, Rajendra Prasad was elected president of the Constituent Assembly. [10]The members of the
Constituent Assembly met for the first time on 9 December 1946. [10]
Drafting[edit]
On the 14 August 1947 meeting of the Assembly, a proposal for forming various committees was
presented.[10] Such committees included a Committee on Fundamental Rights, the Union Powers
Committee and Union Constitution Committee. On 29 August 1947, the Drafting Committee was
appointed, with Dr B. R. Ambedkar as the Chairman along with six other members assisted by a
constitutional advisor. These members were Pandit Govind Ballabh Pant, Kanaiyalal Maneklal
Munshi (K M Munshi, Ex- Home Minister, Bombay), Alladi Krishnaswamy Iyer (Ex- Advocate
General, Madras State), N Gopalaswami Ayengar (Ex-Prime Minister, J&K and later member of
Nehru Cabinet), B L Mitter (Ex-Advocate General, India), Md. Saadullah (Ex- Chief Minister of
Assam, Muslim League member) and D P Khaitan (Scion of Khaitan Business family and a
renowned lawyer). The constitutional advisor was Sir Benegal Narsing Rau (who became First
Indian Judge in International Court of Justice, 1950–54). Later B L Mitter resigned and was replaced
by Madhav Rao (Legal Advisor of Maharaja of Vadodara). Owing to death of D P Khaitan, T T
Krishnamachari was chosen to be included in the drafting committee. A Draft Constitution was
prepared by the committee and submitted to the Assembly on 4 November 1947. Draft constitution
was debated and over 2000 amendments were moved over a period of two years. Finally on 26
November 1949, the process was completed and Constituent assembly adopted the constitution.
284 members signed the document and the process of constitution making was complete. [12] This day
is now celebrated as National Law Day.
The Assembly met in sessions open to the public, for 166 days, spread over a period of 2 years, 11
months and 18 days before adopting the Constitution, the 308 members of the Assembly signed two
copies of the document (one each in Hindi and English) on 24 January 1950. The original
Constitution of India is hand-written with beautiful calligraphy, each page beautified and decorated
by artists from Shantiniketan including Beohar Rammanohar Sinha and Nandalal Bose. Two days
later, on 26 January 1950, the Constitution of India became the law of all the States and territories of
India.[13] Rs.1,00,00,000 was official estimate of expenditure on constituent assembly. The
Constitution has undergonemany amendments since its enactment.[14]
Parts[edit]
The individual Articles of the Constitution are grouped together into the following Parts:
Preamble[21] Part X
with the words "socialist" and "secular" added to it in 1976 by the 42nd constitutional amendment (mini Part X
constitution).[22][23] Part X
Part X
Part I[24] – Union and its Territory Part X
Part II[25] – Citizenship. Part X
Part III – Fundamental Rights Part X
Part IV[26] – Directive Principles of State Policy Part X
Part IVA – Fundamental Duties Part X
Part V[27] – The Union Part X
Part VI[28] – The States Part X
Part VII[29] – States in the B part of the First schedule (repealed) Part X
Part VIII[30] – The Union Territories in Hindi an
Part IX[31] – The Panchayats
Part IXA[32] – The Municipalities
Part IXB – The Co-operative Societies.[33]
Part X – The scheduled and Tribal Areas
Part XI – Relations between the Union and the States
Schedules[edit]
Schedules are lists in the Constitution that categorize and tabulate bureaucratic activity and policy of
the Government.
First Schedule (Articles 1 and 4) - This lists the states and territories of India, lists any
changes to their borders and the laws used to make that change.
Second Schedule (Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164(5), 186 and
221)- – This lists the salaries of officials holding public office, judges, andComptroller and
Auditor General of India.
Third Schedule (Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219)—Forms of Oaths –
This lists the oaths of offices for elected officials and judges.
Fourth Schedule (Articles 4(1) and 80(2)) – This details the allocation of seats in the Rajya
Sabha (the upper house of Parliament) per State or Union Territory.
Fifth Schedule (Article 244(1)) – This provides for the administration and control of
Scheduled Areas[Note 5] and Scheduled Tribes[Note 6] (areas and tribes needing special protection due
to disadvantageous conditions).
Sixth Schedule (Articles 244(2) and 275(1))— Provisions made for the administration of
tribal areas in Assam, Meghalaya, Tripura, and Mizoram.
Seventh Schedule (Article 246) —The union (central government), state, and concurrent
lists of responsibilities.
Eighth Schedule (Articles 344(1) and 351)—The official languages.
Ninth Schedule (Article 31-B) – Validation of certain Acts and Regulations. [34]
Tenth Schedule (Articles 102(2) and 191(2))—"Anti-defection" provisions for Members of
Parliament and Members of the State Legislatures.
Eleventh Schedule (Article 243-D) —Panchayat Raj (rural local government),
Twelfth Schedule (Article 243-W) — Municipalities (urban local government).
Appendices[edit]
With the aid of the Constitution, India is governed by a parliamentary system of government with
the executive directly accountable to the legislature. It states that there shall be aPresident of
India who shall be the head of the executive, under Articles 52 and 53. The President's duty is to
preserve, protect and defend the constitution and the law underArticle 60 of the Indian
constitution. Article 74 provides that there shall be a Prime Minister as the head of union
cabinet which would aid and advice the President in performing his constitutional duty. Union cabinet
is collectively responsible to the House of the People as per Article 75(3).
The Constitution of India is federal in nature but unitary in spirit. The common features of a
federation such as written Constitution, supremacy of Constitution, rigidity of Constitution, two
government, division of powers, bicameralism and independent judiciary as well as unitary features
like single Constitution, single citizenship, integrated judiciary, flexible Constitution, a strong Centre,
appointment of state governor by the Centre, All-India Services, Emergency Provisions etc. can be
seen in Indian Constitution. This unique combination makes it quasi-federal in form. [35]
Each state and each Union territory of India has its own government. Analogous to President and
Prime Minister, each has a Governor (in case of states) or Lieutenant Governor(in the case of Union
territories) and a Chief Minister. Article 356 permits the President to dismiss a state government
when a situation has arisen in which the Government of the State cannot be carried on in
accordance with the provisions of the Constitution. This power was abused earlier as state
governments came to be dismissed on the flimsiest of grounds, and more due to the political
discomfiture of the party in power at the centre. Post - Bommai judgment,[36][37] such a course of action
has been rendered rather difficult, as the courts have asserted their right to review it.
[38]
Consequently, very few state governments have been disbanded since.
The 73rd and 74th Amendment Act also introduced the system of Panchayati Raj in rural areas
and Municipality in urban areas. Also, Article 370 of the Constitution gives special status to the State
of Jammu and Kashmir.
Amendment[edit]
The process of addition, variation or repeal of any part of the constitution by the Parliament under its
constituent powers, is called amendment of the constitution. [39] The procedure is laid out in Article
368. An amendment bill must be passed by each House of the Parliament by a majority of the total
membership of that House when at least two-thirds members are present and voted. In addition to
this, certain amendments which pertain to the federal nature of the Constitution must be ratified by a
majority of state legislatures. Unlike the ordinary bills under legislative powers of Parliament as
per Article 245 (with exception to money bills), there is no provision for joint sitting of the two houses
of the parliament to pass a constitutional amendment bill. During recess of Parliament, President can
not promulgate ordinances under his legislative powers as perArticle 123, Chapter III which needs
constitutional amendment. Deemed amendments to the constitution which can be passed under
legislative powers of Parliament, are no more valid after the addition of Article 368 (1) by Twenty-
fourth Amendment of the Constitution of India.[39]
As of September 2015, there have been 120 amendment bills presented in the Parliament, out of
which 100 have been passed to become Amendment Acts.[40] Most of these amendments address
issues dealt with by statute in other democracies. However, the Constitution is so specific in spelling
out government powers that many of these issues must be addressed by constitutional amendment.
As a result, the document is amended roughly thrice in a two year's duration.
In 2000 the National Commission to Review the Working of the Constitution (NCRWC) was set up to
look into updating the constitution.[41] Government of India, establishes term based law
commissions to recommend law reforms for maximising justice in society and for promoting good
governance under the rule of law.
Limitations[edit]
Main article: Basic structure doctrine
The Supreme Court has ruled in Kesavananda Bharati v. State of Kerala case that an amendment
cannot destroy what it seeks to modify, which means while amending anything, it cannot tinker with
the "basic structure" or framework of the constitution, which is immutable. Such an amendment will
be declared invalid even though no part of the constitution is explicitly prevented from being
amended, nor does the Basic Structure Doctrine protect any single provision of the Constitution. Yet,
this "Doctrine of Basic Features" lays down that, the Constitution when "read as a whole", that what
comes to be understood as its basic features cannot be abridged, deleted or abrogated. What these
"basic features" are, have not been defined exhaustively anywhere, and whether a particular
provision of the Constitution of India is a "basic feature" is decided as and when an issue is raised
before a court in an instant case.[42]
In the Golak Nath v. State of Punjab case of 1967, the Supreme Court ruled that the State of Punjab
could not restrict any of the Fundamental rights protected by the basic structure doctrine. [43] Extent of
land ownership and practice of profession, in this case, were held to be a fundamental right. [44] The
ruling of the Golak Nath v. State of Punjab case was eventually overturned with the ratification of the
24th Amendment in 1971.[44]
Judicial review[edit]
Judicial review is adopted in the Constitution of India from judicial review in the United
States (see[50]). In the Indian constitution, Judicial review is dealt with under Article 43. Judicial
Review refers that the Constitution is the supreme power of the nation and all laws are under its
supremacy. Article 43 states that:
1. All pre-constitutional laws, if in part or completely in conflict with the Constitution, shall have
all conflicting provisions deemed ineffective until an amendment to the Constitution ends the
conflict. In such situation the provision of that law will again come into force, if it is
compatible with the constitution as amended. This is called theDoctrine of Eclipse.[51]
2. In a similar manner, laws made after adoption of the Constitution by the Constituent
Assembly must be compatible with the constitution, otherwise the laws and amendments will
be deemed to be void ab initio.
3. In such situations, the Supreme Court or High Court interprets the laws to decide if they are
in conformity with the Constitution. If such an interpretation is not possible because of
inconsistency, and where a separation is possible, the provision that is inconsistent with
constitution is considered to be void. In addition to article 13, articles 32, 226 and 227
provide a constitutional basis to judicial review in India. [52]
Due to the adoption of the thirty-eighth amendment, the Indian Supreme Court was not allowed to
preside over any laws adopted during a state of emergency that infringes uponfundamental
rights under article 32 i.e. Right to Constitutional Remedies. [53] Later with the Forty-second
Amendment of the Constitution of India, article 31 C was widened and article 368(4) and 368(5)
were added, which stated that any law passed by the parliament can't be challenged in the court on
any ground. The Supreme court in the Minerva Mills v. Union of India case said that Judicial Review
is one of the basic character of the constitution and therefore can't be taken away quashing Article
368(4)&(5) as well as 31 C.
For instance, "right to life" as guaranteed under Article 21, [nb 1] has by interpretation been expanded to
progressively mean a whole lot of human rights [nb 2]
"If the Indian constitution is our heritage bequeathed to us by our founding fathers, no less are we,
the people of India, the trustees and custodians of the values which pulsate within its provisions! A
constitution is not a parchment of paper, it is a way of life and has to be lived up to. Eternal vigilance
is the price of liberty and in the final analysis, its only keepers are the people." [59]
See also[edit]
India portal
Politics portal
Constitutional economics
Constitutionalism
History of democracy
List of national constitutions
Magna Carta
Rule according to higher law
Uniform civil code of India
Notes[edit]
1. ^ Jump up to:a b The Constitution of Yugoslavia briefly held this position from 1974 till the nation
split up in 1990.
2. Jump up^ The Constitution was in 22 Parts originally. Part VII & IX (older) was repealed in
1956, whereas newly added Part IVA, IXA, IXB & XIVA by Amendments to the Constitution in different
times (lastly added IXB by the 97th Amendment).
3. Jump up^ Although the last article of the Constitution is Article 395, the total number, as of
March 2013 is 465. New articles added through amendments have been inserted in the relevant
location in the original constitution. In order not to disturb the original numbering, the new articles are
inserted with alpha numeric enumerations. For example, Article 21A pertaining to Right to Education
was inserted by the 86th Amendment Act.
4. Jump up^ By 73rd & 74th Amendment, the lists of administrative subjects of Panchayat raj &
Municipality included in the Constitution as Schedule 11 & 12 respectively in the year 1993.
5. Jump up^ Scheduled Areas are autonomous areas within a state, administered federally,
usually populated by a predominant Scheduled Tribe.
6. Jump up^ Scheduled Tribes are groups of indigenous people, identified in the Constitution,
struggling socioeconomically
7. Jump up^ These lines by Granville Austin from his book The Indian Constitution:
Cornerstone of a Nation at p. 50, have been authoritatively quoted many times
1. Jump up^ Art. 21 - “No person shall be deprived of his life or personal liberty except
according to procedure established by law"
2. Jump up^ Right to speedy trial[56]
Right to water[57]
Right to livelihood
Right to health
Right to education[58]
References[edit]
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government/constitution-india/constitution-india-full-text. Government of India. Retrieved5
February 2015.
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X.
3. Jump up^ "Constitutional supremacy vs parliamentary supremacy" (PDF). Retrieved 12
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2008. Retrieved 2008-10-14.
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revolution".The Hindu: opinion. Retrieved 18 February 2013.
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7488-690-7.
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& Ors." (PDF). Supreme Court of India. p. 18/30. Retrieved 11 November 2015.
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Retrieved29 March 2012.
9. Jump up^ "Commencement".
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January 1950)". The Parliament of India Archive. Retrieved 2008-02-22.
11. Jump up^ http://parliamentofindia.nic.in/ls/debates/facts.htm
12. Jump up^ "Some Facts of Constituent Assembly". Parliament of India. National Informatics
Centre. Archived from the original on 21 May 2013. Retrieved 2011-04-14. On 29 August 1947, the
Constituent Assembly set up a Drafting Committee under the Chairmanship of B. R. Ambedkar to
prepare a Draft Constitution for India
13. Jump up^ "Original unamended constitution of India, January, 1950". Retrieved 2014-04-17.
14. Jump up^ "THE CONSTITUTION (AMENDMENT) ACTS". India Code Information System.
Ministry of Law, Government of India. Retrieved 9 December 2013.
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Constitution"(PDF). Dr.Marri Channa Reddy Human Resource Development Institute (Institute of
Administration), Hyderabad. Retrieved 22 October 2015.
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February 2014.
18. Jump up^ "10 Facts You Should Know about the Indian constitution". Yahoo! Lifestyle.
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Retrieved23 June 2015.
21. Jump up^ Baruah, Aparijita (2007). Preamble of the Constitution of India: An Insight and
Comparison with Other Constitutions. New Delhi: Deep & Deep. p. 177. ISBN 81-7629-996-0.
Retrieved 12 November 2015.
22. Jump up^ Chishti, Seema; Anand, Utkarsh (30 January 2015). "Legal experts say debating
Preamble of Constitution pointless, needless". The Indian Express. Retrieved12 November 2015.
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India. 28 August 1976. Retrieved 2008-10-14.
24. Jump up^ Part I
25. Jump up^ Part II
26. Jump up^ Part IV
27. Jump up^ Part V
28. Jump up^ Part VI
29. Jump up^ Part VII
30. Jump up^ Part VIII
31. Jump up^ Part IX
32. Jump up^ Part IXA
33. Jump up^ http://indiacode.nic.in/coiweb/amend/amend97.pdf
34. Jump up^ Originally Articles mentioned here were immune from judicial review on the ground
that they violated fundamental rights. but in a landmark judgement in 2007, the Supreme Court of
India held in I.R. Coelho v. State of Tamil Nadu and others that laws included in the 9th schedule can
be subject to judicial review if they violated the fundamental rights guaranteed under Article 14, 15,
19, 21 or the basic structure of the Constitution {(ambiguous)} - I.R. Coelho (dead) by L.Rs. v. State of
Tamil Nadu and others(2007) 2 S.C.C. 1
35. Jump up^ M Laxmikanth. "3". Indian Polity (4th ed.). McGraw Hill Education.
p. 3.2. ISBN 978-1-25-906412-8.
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July 04 - July 17, 1998). Retrieved 9 November 2015.
37. Jump up^ Rajendra Prasad, R.J. "'Bommai verdict has checked misuse of Article
356'". Frontline(Vol. 15 :: No. 14 :: July 04 - July 17, 1998). Retrieved 9 November 2015.
38. Jump up^ Swami, Praveen. "Protecting secularism and federal fair play". Frontline (Vol. 14 ::
No. 22 :: Nov. 1 - 14, 1997). Retrieved 9 November 2015.
39. ^ Jump up to:a b "Pages 311 & 312 of original judgement: A. K. Roy, Etc vs Union Of India And Anr
on 28 December, 1981". Retrieved 23 August 2014.
40. Jump up^ name="amendments"
41. Jump up^ Kuri's blog: National Commission to review the working of the
Constitution(NCRWC). Kurishravan.blogspot.in (2011-02-23). Retrieved on 2013-07-28.
42. Jump up^ Dhamija, Dr. Ashok (2007). Need to Amend a Constitution and Doctrine of Basic
Features. Wadhwa and Company. p. 568. ISBN 9788180382536. Retrieved 17 June2014.
43. Jump up^ Jacobsohn, Gary J. (2010). Constitutional Identity. Cambridge, Massachusetts:
Harvard University Press. p. 52. ISBN 9780674047662.
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Reshaped Indian Law". Boston College International Comparative Law Review 31 (2): 258–260.
Retrieved 5 March 2015.
45. Jump up^ Mehta, Pratap Bhanu (2002). Hasan, Zoya; Sridharan, E.; Sudarshan, R.,
eds. Article - The Inner Conflict of Constitutionalism: Judicial Review and the 'Basic Structure' (Book -
India's Kiving Constitution: Ideas, Practices, Controversies) ((2006)Second Impression (2002)First
ed.). Delhi: Permanent Black. p. 187. ISBN 81-7824-087-4. Retrieved9 November 2015.
46. Jump up^ Bhattacharyya, Bishwajit. "Supreme Court Shows Govt Its LoC". the day
after (Nov 1-15, 2015). Retrieved 10 November 2015.
47. Jump up^ National Comionmission to Review the Working of the Constitution. "A
Consultation Paper on the Financial Autonomy of the Indian Judiciary". Chapter 1. New Delhi (26
September 2001). Retrieved 5 November 2015.
48. Jump up^ Chakrabarty, Bidyut (2008). Indian Politics and Society Since Independence:
Events, Processes and Ideology (First ed.). Oxon(UK), New York (USA): Routledge.
p. 103.ISBN 978-0-415-40867-7. Retrieved 5 November 2015.
49. Jump up^ Sorabjee, Soli J. (1 November 2015). "A step in the Wrong Direction". The Week.
Retrieved 12 November 2015.
50. Jump up^ V. Venkatesan - A fresh look at the relevance of three early doctrines that have
defined the Indian Constitution over the years. Front-line (Vol. 29 - Issue 05 :: 10-23 Mar. 2012)
51. Jump up^ Jain, M.P. (2010). Indian Constitutional Law. LexisNexis Butterworths Wadhwa
Nagpur. p. 921. ISBN 978-81-8038-621-3.
52. Jump up^ Lectures By Professor Parmanad Singh, Jindal Global Law School.
53. Jump up^ Jacobsohn, Gary (2010). Constitutional Identity. Cambridge, Massachusetts:
Harvard University Press. p. 57. ISBN 9780674047662.
54. Jump up^ Raghavan, Vikram (2010). "The biographer of the Indian constitution". Seminar.
Retrieved 13 November 2015.
55. Jump up^ Dharmadhikari, Justice D. M. "Principle of Constitutional Interpretation: Some
Reflections". (2004) 4 SCC (Jour) 1. Retrieved 6 November 2015.
56. Jump up^ Gaur, K. D. (2002). Article - Law and the Poor: Some Recent Developments in
India (Book - Criminal Law and Criminology). New Delhi: Deep & Deep. p. 564. ISBN 81-7629-410-1.
Retrieved 9 November 2015.
57. Jump up^ Narain, Vrinda. "Water as a Fundamental Right: A Perspective from
India" (PDF).Vermont Law Review. 34:917: 920. Retrieved 9 November 2015.
58. Jump up^ Khosla, Madhav. "Making social rights conditional: Lessons from
India" (PDF). I•CON (2010) 8 (4): 761. doi:10.1093/icon/mor005. Retrieved 10 November 2015.
59. Jump up^ H. R. Khanna. Making of India's Constitution. Eastern Book Co, Lucknow,
1981.ISBN 978-81-7012-108-4.
As of August 2015, there have been 100 amendments to the Constitution of India since it was
first enacted in 1950.[1]
There are two types of amendments to the constitution which are governed by article 368.
The first type includes amendments that can be effected by Parliament of India by a
prescribed ‘special majority’; and
The second type of amendments includes those that require, in addition to such "special
majority", ratification by at least one half of the State Legislatures. The second type amendments
made to the constitution are amendments # 3, 6, 7, 8, 13, 14, 15, 16, 22, 23, 24, 25, 28, 30, 31,
32, 35, 36, 38, 39, 42, 43, 44, 45, 46, 51, 54, 61, 62, 70, 73, 74, 75, 79, 84, 88, 95 and 99. [2]
Contents
[hide]
1List
2See also
3References
4External links
List[edit]
No Enforced
Amendments Objectives
. since
11
Amend articles 269 and 286. Amend the Union and State Lists with
6 September
Amend schedule 7.[8] respect to raising of taxes
1956
7 Amend articles 1, 3, 49, 80, 81, 1 November Reorganization of states on linguistic lines,
82, 131, 153, 158, 168, 170, 1956 abolition of Class A, B, C, D states and
171, 216, 217, 220, 222, 224, introduction of Union Territories
230, 231 and 232.
Insert articles 258A, 290A, 298,
350A, 350B, 371, 372A and
No Enforced
Amendments Objectives
. since
378A.
Amend part 8.
Amend schedules 1, 2, 4 and 7.
[9]
11
Abolish Election Tribunals and enable trial of
19 Amend article 324. [21]
December
election petitions by regular High Courts
1966
10 April
21 Amend schedule 8.[23] Include Sindhi as an Official Language
1967
25
Amend article 275. Provision to form Autonomous states within
22 September
Insert articles 244A and 371B. [24]
the State of Assam
1969
23 Amend articles 330, 332, 333 23 January Discontinued reservation of seats for the
and 334.[25] 1970 Scheduled Tribes in Nagaland, both in the
Lok Sabha and the State Legislative
Assembly and stipulated that not more than
one Anglo-Indian could be nominated by the
No Enforced
Amendments Objectives
. since
36 Amend articles 80 and 81. 26 April Formation of Sikkim as a State within the
No Enforced
Amendments Objectives
. since
Amend articles 123, 213, 239B, 1 August Enhances the powers of President and
38
352, 356, 359 and 360. [40]
1975 Governors to pass ordinances
Amend articles 101, 102, 190 Anti Defection Law - Provide disqualification
1 March
52 and 191. of members from parliament and assembly in
1985
Insert schedule 10. [54]
case of defection from one party to other
20
Profession Tax increased from a minimum of
60 Amend article 276.[62] December
Rs. 250/- to a maximum of Rs. 2500/-
1988
28 March
61 Amend article 326.[63] Reduce age for voting rights from 21 to 18
1989
86 Amend articles 45 and 51A. 12 Provides Right to Education until the age of
No Enforced
Amendments Objectives
. since
28
Reservation in Assam Assembly relating to
90 Amend article 332. [92]
September
Bodoland Territory Area
2003
95 Amend article 334.[97] 25 January To extend the reservation of seats for SCs
2010 and STs in the Lok Sabha and states
assemblies from Sixty years to Seventy
No Enforced
Amendments Objectives
. since
years
23
96 Amend schedule 8.[98] September Substituted "Odia" for "Oriya"
2011
Amend Art 19 and added Part 12 January The amendment objective is to encourage
97
IXB. [99]
2012 economic activities of cooperatives which in
turn help progress of rural India. It is
expected to not only ensure autonomous and
democratic functioning of cooperatives, but
also the accountability of the management to
the members and other stakeholders. [100]
See also[edit]
List of Acts of the Parliament of India
References[edit]
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3. Jump up^ "First Amendment". Indiacode.nic.in. Retrieved 2011-11-19.
4. Jump up^ "Second Amendment". Indiacode.nic.in. Retrieved 2011-11-19.
5. Jump up^ "Third Amendment". Indiacode.nic.in. Retrieved 2011-11-19.
6. Jump up^ "Fourth Amendment". Indiacode.nic.in. Retrieved 2011-11-19.
7. Jump up^ "Fifth Amendment". Indiacode.nic.in. Retrieved 2013-11-26.
8. Jump up^ "Sixth Amendment". Indiacode.nic.in. 1956-09-11. Retrieved 2011-11-19.
9. Jump up^ "Seventh Amendment". Indiacode.nic.in. Retrieved 2011-11-19.
10. Jump up^ "Eighth Amendment". Indiacode.nic.in. Retrieved 2013-11-26.
11. Jump up^ "Ninth Amendment". Indiacode.nic.in. Retrieved 2011-11-19.
12. Jump up^ "Tenth Amendment". Indiacode.nic.in. Retrieved 2011-11-19.
13. Jump up^ "Eleventh Amendment". Indiacode.nic.in. Retrieved 2011-11-19.
14. Jump up^ "Twelfth Amendment". Indiacode.nic.in. Retrieved 2011-11-19.
15. Jump up^ "Thirteenth Amendment". Indiacode.nic.in. 1962-12-28. Retrieved 2011-11-19.
16. Jump up^ "Fourteenth Amendment". Indiacode.nic.in. Retrieved 2011-11-19.
17. Jump up^ "Fifteenth Amendment". Indiacode.nic.in. Retrieved 2011-11-19.
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19. Jump up^ "Seventeenth Amendment". Indiacode.nic.in. Retrieved 2011-11-19.
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21. Jump up^ "Nineteenth Amendment". Indiacode.nic.in. Retrieved 2011-11-19.
22. Jump up^ "Twentieth Amendment". Indiacode.nic.in. Retrieved 2011-11-19.
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26. Jump up^ "Twenty Fourth Amendment". Indiacode.nic.in. 1971-11-05. Retrieved 2011-11-19.
27. Jump up^ "Twenty Fifth Amendment". Indiacode.nic.in. 1972-04-20. Retrieved 2011-11-19.
28. Jump up^ "Twenty Sixth Amendment". Indiacode.nic.in. 1971-12-28. Retrieved 2011-11-19.
29. Jump up^ "Twenty Seventh Amendment". Indiacode.nic.in. 1971-12-30. Retrieved 2011-11-
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30. Jump up^ "Twenty Eighth Amendment". Indiacode.nic.in. 1972-08-27. Retrieved 2011-11-19.
31. Jump up^ "Twenty Ninth Amendment". Indiacode.nic.in. Retrieved 2011-11-19.
32. Jump up^ "Thirtieth Amendment". Indiacode.nic.in. Retrieved 2011-11-19.
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34. Jump up^ "Thirty Second Amendment". Indiacode.nic.in. Retrieved 2011-11-19.
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36. Jump up^ "Thirty Fourth Amendment". Indiacode.nic.in. Retrieved 2011-11-19.
37. Jump up^ "Thirty Fifth Amendment". Indiacode.nic.in. Retrieved 2011-11-19.
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42. Jump up^ "Fortieth Amendment". Indiacode.nic.in. Retrieved 2011-11-19.
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50. Jump up^ "Forty Eighth Amendment". Indiacode.nic.in. Retrieved 2011-11-19.
51. Jump up^ "Forty Ninth Amendment". Indiacode.nic.in. Retrieved 2011-11-19.
52. Jump up^ "Fiftieth Amendment". Indiacode.nic.in. 1984-08-18. Retrieved 2011-11-19.
53. Jump up^ "Fifty First Amendment". Indiacode.nic.in. Retrieved 2011-11-19.
54. Jump up^ "Fifty Nine Second Amendment". Indiacode.nic.in. Retrieved 2011-11-19.
55. Jump up^ "Fifty Third Amendment". Indiacode.nic.in. Retrieved 2011-11-19.
56. Jump up^ "Fifty Fourth Amendment". Indiacode.nic.in. Retrieved 2011-11-19.
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58. Jump up^ "Fifty Sixth Amendment". Indiacode.nic.in. Retrieved 2011-11-19.
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61. Jump up^ "Fifty Ninth Amendment". Indiacode.nic.in. Retrieved 2011-11-19.
62. Jump up^ "Sixtieth Amendment". Indiacode.nic.in. Retrieved 2011-11-19.
63. Jump up^ "Sixty First Amendment". Indiacode.nic.in. Retrieved 2011-11-19.
64. Jump up^ "Sixty Second Amendment". Indiacode.nic.in. Retrieved 2011-11-19.
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66. Jump up^ "Sixty Fourth Amendment". Indiacode.nic.in. Retrieved 2011-11-19.
67. Jump up^ "Sixty Fifth Amendment". Indiacode.nic.in. Retrieved 2011-11-19.
68. Jump up^ "Sixty Sixth Amendment". Indiacode.nic.in. Retrieved 2011-11-19.
69. Jump up^ "Sixty Seventh Amendment". Indiacode.nic.in. Retrieved 2011-11-19.
70. Jump up^ "Sixty Eighth Amendment". Indiacode.nic.in. Retrieved 2011-11-19.
71. Jump up^ "Sixty Ninth Amendment". Indiacode.nic.in. Retrieved 2011-11-19.
72. Jump up^ "Seventieth Amendment". Indiacode.nic.in. Retrieved 2011-11-19.
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74. Jump up^ "Seventy Second Amendment". Indiacode.nic.in. Retrieved 2011-11-19.
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82. Jump up^ "Eightieth Amendment". Indiacode.nic.in. Retrieved 2011-11-19.
83. Jump up^ "Eighty First Amendment". Indiacode.nic.in. 1997-08-29. Retrieved 2011-11-19.
84. Jump up^ "Eighty Second Amendment". Indiacode.nic.in. Retrieved 2011-11-19.
85. Jump up^ "Eighty Third Amendment". Indiacode.nic.in. Retrieved 2011-11-19.
86. Jump up^ "Eighty Fourth Amendment". Indiacode.nic.in. Retrieved 2011-11-19.
87. Jump up^ "Eighty Fifth Amendment". Indiacode.nic.in. 2002-01-04. Retrieved 2011-11-19.
88. Jump up^ "Eighty Sixth Amendment". Indiacode.nic.in. 2002-12-12. Retrieved 2011-11-19.
89. Jump up^ "Eighty Seventh Amendment". Indiacode.nic.in. Retrieved 2011-11-19.
90. Jump up^ "Eighty Eighth Amendment". Indiacode.nic.in. 2004-01-15. Retrieved 2011-11-19.
91. Jump up^ "Eighty Ninth Amendment". Indiacode.nic.in. 2003-09-28. Retrieved 2011-11-19.
92. Jump up^ "Ninetieth Amendment". Indiacode.nic.in. 2004-09-28. Retrieved 2011-11-19.
93. Jump up^ "Ninety First Amendment (pdf)" (PDF). Retrieved 2011-11-19.
94. Jump up^ "Texts of the Constitution Amendment Acts" (PDF). Lok Sabha Secretariat.
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96. Jump up^ "Ninety Fourth Amendment (pdf)" (PDF). Retrieved 2011-11-19.
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100. Jump up^ "Ninety Seventh Amendment (PIB)".
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103. Jump up^ "Constitution (Ninety-ninth Amendment) Act, 2014" (PDF). 1, Law Street.
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