52ND AMENDMENT TO THE INDIAN CONSTITUTION

Sakshi Jaiswal

BACKGROUND:

Indian Constitution Ka 52nd Amendment Pradhan Mantri Shri Rajeev Gandhi ke Karyakal me pesh
kiya gya tha. Bharat me chunavi sudharon ko laane ke liye yeh amendment ko laaya gya tha.

52nd amendment laane ka pramukh kaaran rajnitik dalbadal tha jisse English me political defection
kehte hain. During 1970s and 1980s, Bhartiya rajniti me yeh ek badi samasya ban gayi thi kyuki
vyaktigat laabh ke liye kai elected members apni party badal kar dusri party join kr rahe the or iss dal-
badal kr karan kayi rajya sarkarein gir rahi thi.

Inhi muddo ke hal ke liye hi Bhartiya sanvidhan me 52nd amendment laya gya tha. 52nd amendment
ne defection ke against kanoon laa kr Bhartiya loktantra ko aur bhi majbot kar diya hai.

CHANGES BROUGHT:

52nd amendment ne kai Parivartan laaye jisme pramukh badlav the:

Defection law- iss amendment ke through Indian constitution me dasvi schedule jodi gyi, jisne
Bhartiya rajniti me dal-badal or defection ke virudh kanoon pesh kiya. Iske alawa isne articles
101,102,191 aur 192 ke provisions ko bhi badla.

Iss kanoon ke anusar-

1. If an elected member of the House of Parliament or State Legislature voluntarily apni membership
dede jis party se vo janta ke dwara elect hua ho.

2. If the elected member of the House of Parliament or State Legislature apni hi party ke whip ke
against jaaye.

3. If independently elected member koi party join kare.

4. If a nominated member of the House six months ke expire hone ke baad koi party join kare

Inn charon istithi me vo member defection ke liye liable hoga.

However, if 1/3 of elected members of a political party defect karte hai aur kisi aur party ko join kar
lete hai to isse merger ghoshit kiya jayega or yeh members defection laws ke under liable nahi honge.

Drawbacks and Loopholes ( kamiyan aur khamiyan)

Kya yeh amendment Bhartiya rajneeti se defection ko jad se khatam karne me safal raha? Sadly, the
answer to this is ‘no’. Defection laws dal-badal ko puri tarah rokne me prabhavi nahi rhe hain. Kuch
politicians inn kanono se bachne ke liye mass defection ya samuhik istifa jaise tarikon ka istamah
karte hain.

52nd amendment me political accountability ka koi provisions nahi hai or iss karan bhi iss
amendment ko criticise kiya gya hai.
Nayna Garg

NINTY-SEVENTH AMENDMENT ACT, 2011

1) Yeh introduce kyu hua tha?

International Labour Organisation (ILO) ke according ek cooperative society veh sanghathan hai jo
kuch log milkr apni marzi se karte hai jisse uss karobar se unki koi samanya economic, social ya
cultural zarurat puri ho paaye. Yeh cooperative societies hamari arthvyavastha mein baari maatr
mein yogdaan dete hai. Isliye yeh amendment laaya gya tha taaki hum inn cooperative societies ko
savidhanik status de sake aur inki suraksha or pragati par dhyaan de sake.

2) Iss amendment ke dwaara ka parivartan laaye gye hai?

Iss amendment is tahat hamare savidhan mein teen badlaav laaye gye the-

A) cooperative societies banane ke adhikaar ko Article 19 ke andar fundamental right banaya gya

B) ek naya Directive Principle of State Policy laaya gya Article 43B ke andar jiske anusaar Rajya inn
cooperative societies ki voluntary formation, autonomous functioning, democratic control aur
professional management par dhyaan degi.

C) Bharitye Savidhan mein ek naya bhaag laaya gya Part IX-B jiska title " The Cooperative Societies"
hai. Iss bhaag mein Article 243-ZH se lekar Article 243-ZT tak hai. Iss bhaag mein cooperative
societies se lekar kayi niyam hai jaise number of directors, length of their tenure aur director bane ke
liye yogyataaien diye gye hai.

3) iss amendment ko lekar kya vivaad hua?

A) yeh amendment Union list mein nhi aata:

Bhartiye Savidhan ke seventh schedule ke List-II mein vo vishya mentioned hai jispe sirf Rajya sarkar
hi kanoon bana sakte hai. Iss list ki Entry 32 hai "Cooperative Societies". Isliye Kendra sarkar iss vishya
par kanoon nhi bana sakti.

B) iss amendment ki pushti rajya sarkar dwara nhi ki gyi thi:

Article 368(2) ke tahat agar kendriye sarkar List-II ke kissi vishya par kanoon banata hai toh usse Kam
se Kam aadhe Rajya sarkar dwara pushti karna zaroori hai. Par yeh 97th amendment rajya sarkar
zyaadaa pushti nhi ki gyi thi.

2013 mein Gujarat HC mein ek yaachika daali gyi thi jisme iss amendment ki vaidhta ko challenge
Kiya gya tha.

20 July, 2021 ko Supreme Court ne UOI v. Rajendra N. Shah ke case mein 2:1 ki bahumat se Gujarat
HC ke nirya ko sahi tharaya aur 97th amendment ke kuch hisse ko null and void ghoshit kar diya gya.
Justices R.F. Nariman and BR Gavai ke anusaar part IX-B ka vo hissa jo multi-state cooperative
societies se related hai vo sahi hai par jo hissa unn cooperative societies jo ek rajya ke andar
prachalan karte hai vo amaanya hai kyunki unki pushti rajya sarkaro dwaara nhi ki gyi thi
44 AMENDMENT

Vanshika Rai

44 वाँ संशोधन अधिनियम, 1978 भविष्य में asthaayi majority के झुकाव की recurrence के खिलाफ
proper security provide करने के साथ-साथ लोगों को उनके representative को तय करने में एक
प्रभावी आवाज प्रदान करने के लिए अधिनियमित किया गया था।

Basically, 42nd Amendmen introduced by Indira Gandhi brought about significant changes in Indian
Constituion. Some were very controversial ones. In fact Janata Dal Party 1977 general elections mai
majority se jeeti because unhone ne bhartiya nagarikon ko wada kiya to restore the constitution to
what it was before the 42nd amendment.

Is amendment ne consitution ke provisions mai kayi changes laaye. such as-

1. Samvidhan ke basic structure ka parivartan tabhi ho sakta hai agar bhartiya naagrik votes ke
maadhyam se apna decision uske favour mai le. out of which, 51 % of the elctorate partiipated. This
was ensured under article 36 B.

2. Isse 42nd ammendment ke dwara laaya gaya Art. 368 which allowed the government to amend
consitution on its wimps and fancies bhi nullify kiya, ye kahke ke ki ye 'unjustified power' hai

3. moreover, right to property under article 31 ko bhi fundamental rights se hata kar article 300 A ke
under legalise kiya gaya.

4. Is amendment ne ye bhi bataya ki emergency tabhi issue ho sakti, yadi bharat ya uske kisi bhi
kshetr ko war threat hai either by an armed rebellion or by external agression. Internal agression not
amounting to armed rebellion emergency ka kaaran nahi ho sakta.

5. Is provision se right to liberty aur mazboot ho gayi. isme kaha gaya ki nivaarak nirodh ya
preventive detention ke lie kaanoon 3 mahine se zyada lamba period approve nahi kar sakta. kisi ki
bhi preventive detention ka period teen mahine se zyada tabhi hoga agar advisory board ek
reasonable cause for detention report karta hai

6. Article 74(1) ko revise kiya gaya and ek clause add hua stating that the President may ask the
Council of Ministers to reconsider any advice given to him, but that the President must act on the
advice given after such reconsideration.

7. Article 38 mai ek naya DPSP add hua that the state must maintain social order to promote public
welfare.

8. Modifying Articles 83 (Duration of Houses of Parliament) and 172 (Duration of State Legislatures):
The term of the House of the People and the State Assemblies was restored to five years by
amending Articles 83 and 172 because this term was extended from 5 to 6 years by the 42nd
amendment.

9. Kendr ko jo 42nd amendment dwara law and order maintain karne ke liye centre forces deploy
karne ki anumati di gayi thi, wah 44th amendment se remove hui.

10. last but not the least, Is amendment se media ka right mila to report without censorship both the
proceedings in parliament and state legislatures.
61st Amendment

Vidhi

Why amendment was introduced?

According to Article 326 of the Indian Constitution 21 saal se kam umr ke koi bhi vyakti Lok Sabha
and Legislative Assembly of state ke chunaav mein vote nahi de sakta tha.

The view was that ki aaj ka youth bharat ki raajneeti ke bhavishya ka faisla lene mein bhout saksham
hai. They are comparatively more knowledgeable and informed and thus will prove to be a great
asset to the country.

As a result, the 61st Amendment Bill Parliament mei laya gaya.

Explanation of the Amendment

The 61st Amendment of the Constitution of India, officially known as The Constitution (Sixty-first
Amendment) Act, 1988, isne Lok Sabha and Legislative Assemblies of States ke chunav mein vote
karne ki umr ko 21 se 18 saal kar diya gaya tha.

And is act ko implement karne ke liye article 326 ko amend Kiya Gaya.

What were the changes made by this amendment?

Since the Amendment modified Article 326, the changes made by the amended Article 326 are as
follows:

1. The phrase “eighteen years” is replaced in Article 326 of the Constitution. It is substituted by
the phrase “twenty-one years.”

2. Isne aaj ke yuvaon ko vote dene ki azaadi di aur koi bhi nagrik jo 18 saal se upar umr ka ho,
usko allowed hai, ki vo bharat ke democratic procedures mei hissa le sakta hai..

3. As a result , vote dene ki sunkhya bhot badh gyi thi and desh ke chunaav mein yuvaon ko
vote dene ke liye prerna di.

Whether this amendment is modified or nullified by any other amendment

The 61st Amendment ko ab tak kisi bhi dusre amendment ne modify ya nullify nahi kiya hai.

It is also important to mention Bharatiya ke Samvidhan ko kai baar amend kiya gaya hai, sabse haal hi
mein 2019 ka 104th Constitutional Amendment Act hua tha. Halaanki, inmein se koi bhi
amendments ka impact 61st Amendment ke provision pr nahi ho rha hai.
35th Amendment

Shobha Rajput

Why was this Amendment Introduced?

Before the 35th Amendment, Sikkim was a protectorate state. On 8th May 1973, a tripartite
agreement was entered into by the Sikkim Chogyal, the representative of the Indian Government and
the political parties of Sikkim.

Thus, the 35th Constitutional Amendment was enacted to give effect to the Government of Sikkim
Act, 1974, and to uphold the wishes of the Sikkim people to build closer ties with India.

Explanation of the 35th Amendment

In this amendment, the state of Sikkim was given a status of an “associate state”, and later on a full-
fledged state (36th amendment).

The benefit of the associate state over the protectorate state was the end of the Monarchy system in
Sikkim and the allocation of one seat each in both the Lok Sabha and the Rajya Sabha.

Changes brought by this Amendment.

With this implementation, the tenth schedule was shut out, and the amendment was given formal c

onsent by the states consistent with Article 368 of the Indian constitution. This new amendment also
revised Articles 80 and 81, the First Schedule, and the fourth schedule.

Responsibilities Of the Indian Government

The Indian government had the following responsibilities towards the Sikkim state: -

1. Protection of the territorial integrity of Sikkim and defense of the state.

2. To work for the economic and social development of the state.

4. To build, maintain and regulate the Indian railways, posts, telephones, wireless installations,
air navigations, and landing grounds in Sikkim.

5. To secure the administration and harmony in the state.

6. To make sure that every student of Sikkim receives equal opportunities and facilities in terms
of education and employment, even in Indian public services with no discrimination.

7. And lastly, ensure greater participation in Indian political institutions.

The 35th Constitutional Amendment was repealed by the 36th Constitutional Amendment, in 1975,
the name of Sikkim was included as a state in the First Schedule of the Indian Constitution. Thus,
Sikkim became the 22nd State of India through the 36th Amendment to the Indian Constitution.
86th Constitutional Amendment Act

Neelotpala Alapati

The socio-economic background of the amendment can be traced back to India's history of social and
economic disparities. Poverty, caste, gender, and regional disparities have been significant barriers to
education. The 86th Amendment sought to address these disparities by making education a
fundamental right and ensuring that every child has access to education regardless of their socio-
economic background.

The 86th CAA introduced several changes in the Indian Constitution related to education:

Right to Education: The amendment added Article 21-A to the Constitution, which provides for free
and compulsory education to all children between the ages of 6 and 14 as a fundamental right.
Change in Fundamental Duties

Article 51A was also amended and after clause (J), the clause (k) was added which says:

“who is a parent or guardian to provide opportunities for education to his child or, as the case may
be, ward between the age of six and fourteen years.”

State Responsibility: The amendment made it the responsibility of the state to provide free and
compulsory education to all children between the ages of 6 and 14.

Private Schools: The amendment made it mandatory for private schools to reserve 25% of their seats
for children from economically and socially disadvantaged backgrounds.

Funding: The amendment made it the responsibility of the state to provide adequate funding for
education.

The 86th Constitutional Amendment Act, 2002, has been a subject of controversy for several
reasons. Some of the main reasons are:

1) Reservation in Private Schools: This provision was controversial as it was seen as an

3) Implementation Challenges: Many states struggled to meet the requirements of the law.
There have been reports of inadequate infrastructure, teacher shortages, and low attendance in
schools.

Cases that upheld 86th CAA:

Unnikrishnan vs. State of Andhra Pradesh: In this case, the Supreme Court held that the right to
education is a fundamental right under the Constitution of India. The court held that the state has an
obligation to provide free and compulsory education to all children between the ages of 6 and 14.

Society for Unaided Private Schools of Rajasthan vs. Union of India: In this case, the Supreme Court
upheld the constitutionality of the provision in the 86th Amendment Act that mandated private
schools to reserve 25% of their seats for children from economically and socially disadvantaged
backgrounds.

Pramati Educational & Cultural Trust vs. Union of India: In this case, the Supreme Court upheld the
constitutional validity of the Right of Children to Free and Compulsory Education Act, 2009, which
was enacted to implement the provisions of the 86th Amendment Act.
73rd Amendment

Snigdha

Bharat mein Panchayati raj system bohot lambe samay se chalta aa raha hain, yaha panchayati raj se
matlab hain Rural, Local, Self government jo ki grassroot level par democracy establish karne ka kaam
karti hain lekin bohot se reasons ke chalte ye adequately function nahi kar paa raha tha mainly
because at the time when the Constitution was framed it wasn't given the constitutional status.

1957 mein Balwant Rai Mehta Committee had recommended a three- tier Panchayati Raj System.
Jisme Village level par Gram Panchayat, Block level par Panchayat Samiti aur district level par Zila
parishad establish karne ki baat ki gayi.

Likewise in 1986, L M Singhvi aur 1988 mein Thungon Committee aur Gurdial Committee ki
recommendations Aayi. In sabhi ne Panchayati Raj system ki importance ko highlight kiya.

Jiske Chalte The 73rd Constitution Amendment Act was passed in 1992, which came into effect on
24th April, 1993.

Is Act ne Indian Constitution mein Part IX add kiya jiska title rakha gaya ‘The Panchayats’. Isme
Articles 243 se 243 (o) tak provisions rakhe gaye.

This Amendment introduced following changes :

Panchayati Raj Institutions (PRIs) were made constitutional bodies.

Every state had an obligation to establish panchayats in their territories. (Article 243-B)

The State has the responsibility to develop powers, responsibilities, and authorities to the
panchayats. (Article 243-G)

The panchayats are elected for a tenure of 5 years.

The amendment provides for a mechanism for the state election commission to conduct
independent elections for the village panchayats.

The amendment provides for an adequate representation of women, SCs, and STs in the village
Panchayati Raj Institutions.

It is the duty of the State Finance Commission to evaluate the financial position of the village
panchayats.

Also 11th Schedule was introduced. It basically outlines the duties and authority of the panchayat in
order for them to carry out their function as local governments. it has 29 items

The main objective of 73rd Amendment is Democratic Decentralization. The 73rd Constitutional
Amendment Act also gave a practical shape to Article 40. Article 40 which enshrines one of the
Directive Principles of State Policy lays down that the State shall take steps to organize village
panchayats and endow them with such powers and authority as may be necessary to enable them to
function as units of self-government. This Article is based on DPSP’s Gandhian Principal.

Today panchayati Raj System has completed its 30 years lekin abhi bhi states ke responsibility ka
poori tarha se devolution nahi ho paya hain.