The Indian Constitution is a living document that has evolved over the decades to address the changing needs and aspirations of the nation. This evolution has been facilitated through amendments, which have played a crucial role in shaping the constitutional landscape of India. This article provides a detailed examination of some of the major constitutional amendments, highlighting their significance and impact.
1. First Amendment (1951): Land Reforms and Freedom of Speech
The First Amendment of 1951 was a landmark in Indian constitutional history, addressing urgent socio-economic issues and clarifying fundamental rights.
- Land Reforms: The amendment empowered the state to undertake agrarian reforms by adding Article 31A and 31B to protect land reform laws from being challenged in courts. It also introduced the Ninth Schedule, which lists laws that are immune from judicial review.
- Freedom of Speech: It modified Article 19(1)(a) to impose reasonable restrictions on the freedom of speech and expression, specifically to maintain public order, security of the state, and friendly relations with foreign states.
This amendment was crucial in promoting social justice through land reforms and ensuring that the freedom of speech is balanced with public order and national security.
2. Twenty-fourth Amendment (1971): Power of Parliament to Amend the Constitution
The Twenty-fourth Amendment of 1971 reaffirmed the power of Parliament to amend any part of the Constitution, including fundamental rights.
- Amendment Power: This amendment added Article 13(4) and amended Article 368 to explicitly state that Parliament has the power to amend any provision of the Constitution. This was in response to the Supreme Court’s verdict in the Golaknath case (1967), which had restricted Parliament’s power to amend fundamental rights.
- Presidential Assent: It also mandated the President to give assent to any constitutional amendment bill passed by Parliament.
The Twenty-fourth Amendment reinforced the supremacy of Parliament in constitutional amendments, ensuring the ability to enact necessary changes.
3. Forty-second Amendment (1976): Introduction of Fundamental Duties and Changes to Preamble
The Forty-second Amendment, often referred to as the “Mini-Constitution,” brought about extensive changes, reflecting a shift towards a more centralized and controlled governance structure.
- Fundamental Duties: It introduced a new Part IVA, listing ten Fundamental Duties for citizens, emphasizing the responsibilities that accompany rights.
- Preamble Changes: The words “Socialist” and “Secular” were added to the Preamble, reflecting the ideological direction of the state. Additionally, the phrase “unity of the nation” was changed to “unity and integrity of the nation.”
- Judicial and Legislative Changes: The amendment also curtailed the power of the judiciary and enhanced the authority of the central government over states, significantly altering the balance of federalism.
The Forty-second Amendment was a transformative change aimed at promoting social and economic justice while also consolidating central power.
4. Seventy-third and Seventy-fourth Amendments (1992): Strengthening Local Self-Governments
The Seventy-third and Seventy-fourth Amendments of 1992 were pivotal in decentralizing governance and empowering local self-governments.
- Seventy-third Amendment: This amendment introduced Part IX and the Eleventh Schedule to the Constitution, institutionalizing Panchayati Raj (rural local self-government). It mandated regular elections, reservation of seats for Scheduled Castes, Scheduled Tribes, and women, and provided financial autonomy.
- Seventy-fourth Amendment: It introduced Part IXA and the Twelfth Schedule, aimed at strengthening Urban Local Bodies (Municipalities). It provided for the creation of municipal institutions, defined their powers, and ensured their financial stability.
These amendments significantly enhanced grassroots democracy and aimed at improving governance and development at the local level.
5. One Hundred and First Amendment (2016): Introduction of Goods and Services Tax (GST)
The One Hundred and First Amendment of 2016 was a major economic reform aimed at creating a unified tax structure across the country.
- Goods and Services Tax (GST): The amendment introduced a single indirect tax system by subsuming various central and state taxes into a single tax. It added Article 246A, granting concurrent powers to both Parliament and state legislatures to make laws on GST.
- GST Council: It established the GST Council under Article 279A to decide on GST rates, exemptions, and other related issues, ensuring cooperative federalism.
The GST reform streamlined the tax system, reduced the tax burden, and aimed to create a common national market, boosting economic growth.
6. One Hundred and Fourth Amendment (2019): Abolition of Reservation for Anglo-Indians in Legislature
The One Hundred and Fourth Amendment of 2019 brought changes to the representation of certain communities in the legislature.
- Abolition of Anglo-Indian Reservation: The amendment discontinued the provision for the nomination of two Anglo-Indian members to the Lok Sabha and Legislative Assemblies, which was initially provided under Articles 331 and 333.
- Extension of SC/ST Reservation: It extended the reservation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha and state legislatures for another ten years.
This amendment reflected changing socio-political dynamics and aimed at streamlining the legislative representation framework.
Conclusion
The Indian Constitution has undergone numerous amendments, each aimed at addressing specific socio-political and economic challenges. From land reforms and safeguarding fundamental rights to economic reforms like GST and empowering local self-governments, these amendments reflect the dynamic and evolving nature of the Indian polity. For UPSC aspirants, understanding these major amendments is crucial as they highlight the adaptability of the Constitution to meet the changing needs of the nation while maintaining its core principles and values.
