Recent amendments in Constitution

The Constitution (Eighty-ninth Amendment) Act, 2003. Date on which the Act came into force: 28-09-2003 (Date of Assent)

The Constitution (Ninetieth Amendment) Act, 2003. Date on which the Act came into force: 28-09-2003 (Date of Assent)

The Constitution (Ninety-First Amendment) Act, 2003. Date on which the Act came into force: 01-01-2004 (Date of Assent)

The Constitution (Ninety-Second Amendment) Act, 2003. Date on which the Act came into force: 07-01-2004 (Date of Assent)

The Constitution (Ninety-Third Amendment) Act, 2005. Date on which the Act came into force: 20-01-2006

THE CONSTITUTION (EIGHTY-NINTH AMENDMENT) ACT, 2003

[28th September, 2003.]


An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Fifty-fourth Year of the Republic of India as follows:-


1. Short title and commencement.- (1) This Act may be called the Constitution (Eighty-ninth Amendment) Act, 2003.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. Amendment of article 338. - In article 338 of the Constitution,-

(a) for the marginal heading, the following marginal heading shall be substituted, namely:-

"National Commission for Scheduled Castes.";

(b) for clauses (1) and (2), the following clauses shall be substituted, namely:-

"(1) There shall be a Commission for the Scheduled Castes to be known as the National Commission for the Scheduled Castes.

(2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson and three other
Members and the conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President
may by rule determine.";

(c) in clauses (5), (9) and (10), the words "and Scheduled Tribes", wherever they occur, shall be omitted.

3. Insertion of new article 338A. - After article 338 of the Constitution, the following article shall be inserted, namely:-

"338A. National Commission for Scheduled Tribes.-(1) There shall be a Commission for the Scheduled Tribes to be known as the National Commission for the Scheduled Tribes.

(2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President may by rule determine.

(3) The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal.

(4) The Commission shall have the power to regulate its own procedure.

(5) It shall be the duty of the Commission-

(a) to investigate and monitor all matters relating to the safeguards provided for the Scheduled Tribes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards;

(b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Tribes;

(c) to participate and advise on the planning process of socio-economic development of the Scheduled Tribes and to evaluate the progress of their development under the Union and any State;

(d) to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;

(e) to make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Tribes; and

(f) to discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Tribes as the President may, subject to the provisions of any law made by Parliament, by rule specify.

(6) The President shall cause all such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to
be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations.

(7) Where any such report, or any part thereof, relates to any matter with which any State Government is concerned, a copy of such report shall be forwarded to the Governor of the State who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendations.

(8) The Commission shall, while investigating any matter referred to in sub-clause (a) or inquiring into any complaint referred to in sub-clause (b) of clause (5), have all the powers of a civil court trying a suit and in
particular in respect of the following matters, namely:-

(a) summoning and enforcing the attendance of any person from any part of India and examining him on oath;

(b) requiring the discovery and production of any document;

(c) receiving evidence on affidavits;

(d) requisitioning any public record or copy thereof from any court or office;

(e) issuing commissions for the examination of witnesses and documents;

(f) any other matter which the President may, by rule, determine.

(9) The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Tribes.".



SUBHASH C. JAIN,

Secy. to the Govt. of India.

THE CONSTITUTION (NINETIETH AMENDMENT) ACT, 2003

[28th September, 2003.]


An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Fifty-fourth Year of the Republic of India as follows:-


1. Short title - This Act may be called the Constitution (Ninetieth Amendment) Act, 2003.

2. Amendment of article 332. - In article 332 of the Constitution, in clause (6), the following proviso shall be inserted, namely:-

"Provided that for elections to the Legislative Assembly of the State of Assam, the representation of the Scheduled Tribes and non-Scheduled Tribes in the constituencies included in the Bodoland Territorial Areas District, so
notified, and existing prior to the constitution of the Bodoland Territorial Areas District, shall be maintained.".

SUBHASH C. JAIN,

Secy. to the Govt. of India.

THE CONSTITUTION (NINETY-FIRST AMENDMENT) ACT, 2003

An Act further to amend the Constitution of India.
BE it enacted by Parliament in the Fifty-fourth Year of the Republic of India as follows:-

1. This Act may be called the Constitution (Ninety-first Amendment) Act, 2003.

Short title.

2. In article 75 of the Constitution, after clause (1), the following clauses shall be inserted, namely:--
Amendment of article 75.

“(1A) The total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed fifteen per cent. of the total number of members of the House of the People.

(1B) A member of either House of Parliament belonging to any political party who is disqualified for being a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to either House of Parliament before the expiry of such period, till the date on which he is declared elected, whichever is earlier.”.
Amendment of article 164.

3. In article 164 of the Constitution, after clause (1), the following clauses shall be inserted, namely:--

“(1A) The total number of Ministers, including the Chief Minister, in the Council of Ministers in a State shall not exceed fifteen per cent. of the total number of members of the Legislative Assembly of that State:

Provided that the number of Ministers, including Chief Minister in a State shall not be less than twelve:

Provided further that where the total number of Ministers including the Chief Minister in the Council of Ministers in any State at the commencement of the Constitution (Ninety-first Amendment) Act, 2003 exceeds the said fifteen per cent. or the number specified in the first proviso, as the case may be, then, the total number of Ministers in that State shall be brought in conformity with the provisions of this clause within six months from such date as the President may by public notification appoint.
(1B) A member of Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council belonging to any political party who is disqualified for being a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council, as the case may be, before the expiry of such period, till the date on which he is declared elected, whichever is earlier.”.

Insertion of new article 361B.

4. After article 361A of the Constitution, the following article shall be inserted, namely:--
Disqualification for appointment on remunerative political post.

‘361B. A member of a House belonging to any political party who is disqualified for being a member of the House under paragraph 2 of the Tenth Schedule shall also be disqualified to hold any remunerative political post for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or till the date on which he contests an election to a House and is declared elected, whichever is earlier.

Explanation.—For the purposes of this article,--
(a) the expression “House” has the meaning assigned to it in clause (a) of paragraph 1 of the Tenth Schedule;

(b) the expression “remunerative political post” means any office—

(i) under the Government of India or the Government of a State where the salary or remuneration for such office is paid out of the public revenue of the Government of India or the Government of the State, as the case may be; or

(ii) under a body, whether incorporated or not, which is wholly or partially owned by the Government of India or the Government of a State and the salary or remuneration for such office is paid by such body,except where such salary or remuneration paid is compensatory in nature.’.

5. In the Tenth Schedule to the Constitution,--
(a) in paragraph 1, in clause (b), the words and figure “paragraph 3 or, as the case may be,” shall be omitted;
(b) in paragraph 2, in sub-paragraph (1), for the words and figures “paragraphs 3, 4 and 5”, the words and figures “paragraphs 4 and 5” shall be substituted;
(c) paragraph 3 shall be omitted.

Amendment of the Tenth Schedule.

STATEMENT OF OBJECTS AND REASONS

Demands have been made from time to time in certain quarters for strengthening and amending the Anti-defection Law as contained in the Tenth Schedule to the Constitution of India, on the ground that these provisions have not been able to achieve the desired goal of checking defections. The Tenth Schedule has also been criticised on the ground that it allows bulk defections while declaring individual defections as illegal. The provisions for exemption from disqualification in case of splits as provided in paragraph 3 of the Tenth Schedule to the Constitution of India has, in particular, come under severe criticism on account of its destablilising effect on the Government.

2. The Committee on Electoral Reforms (Dinesh Goswami Committee) in its report of May, 1990, the Law Commission of India in its 170th Report on “Reform of Electoral Laws” (1999) and the National Commission to Review the Working of the Constitution (NCRWC) in its report of March 31, 2002 have, inter alia, recommended omission of said paragraph 3 of the Tenth Schedule to the Constitution of India pertaining to exemption from disqualification in case of splits. The NCRWC is also of the view that a defector should be penalised for his action by debarring him from holding any public office as a Minister or any other remunerative political post for at least the duration of the remaining term of the existing Legislature or until, the next fresh elections whichever is earlier. It is proposed to accept these suggestions.

3. The NCRWC has also observed that abnormally large Councils of Ministers were being constituted by various Governments at Centre and States and this practice had to be prohibited by law and that a ceiling on the number of Ministers in a State or the Union Government be fixed at the maximum of 10% of the total strength of the popular House of the Legislature.

4. In the light of the above, it is proposed to amend the Constitution by omitting paragraph 3 of the Tenth Schedule to the Constitution of India and to provide that the size of the Council of Ministers should not be more than 10% of the strength of House or Houses concerned whether Unicameral or Bicameral. However, in case of smaller States like Sikkim, Mizoram and Goa having 32, 40 and 40 Members in the Legislative Assemblies respectively, a minimum strength of seven Ministers is proposed.

5. The Bill seeks to achieve the objects mentioned above.

ARUN JAITLEY.
NEW DELHI;
The 26th April, 2003.

ANNEXURE
EXTRACTS FROM THE CONSTITUTION OF INDIA
* * * * *
TENTH SCHEDULE
[Articles 102(2) and 191(2)]
Provisions as to disqualification on ground of defection
1. Interpretation.—In this Schedule, unless the context otherwise requires,--
* * * * *
(b) “legislature party”, in relation to a member of a House belonging to any political party in accordance with the provisions of paragraph 2 or paragraph 3 or, as the case may be, paragraph 4, means the group consisting of all the members of that House for the time being belonging to that political party in accordance with the said provisions.
* * * * *
2. Disqualification on ground of defection.—(1) Subject to the provisions of paragraphs 3, 4 and 5, a member of a House belonging to any political party shall be disqualified for being a member of the House—
* * * * *
3. Disqualification on ground of defection not to apply in case of split.—Where a member of a House makes a claim that he and any other members of his legislature party constitute the group representing a faction which has arisen as a result of a split in his original political party and such group consists of not less than one-third of the members of such legislature party,--
(a) he shall not be disqualified under sub-paragraph (1) of paragraph 2 on the ground--
(i) that he has voluntarily given up his membership of his original political party; or
(ii) that he has voted or abstained from voting in such House contrary to any direction issued by such party or by any person or authority authorised by it in that behalf without obtaining the prior permission of such party, person or authority and such voting or abstention has not been condoned by such party, person or authority within fifteen days from the date of such voting or abstention; and
(b) from the time of such split, such faction shall be deemed to be the political party to which he belongs for the purposes of sub-paragraph (1) of paragraph 2 and to be his original political party for the purposes of this paragraph.
* * * * *
5
LOK SABHA
_______
A
BILL
further to amend the Constitution of India.
_________
(As passed by the Houses of Parliament)

THE CONSTITUTION (NINETY-SECOND AMENDMENT) ACT, 2003



[7th January, 2004.]



An Act further to amend the Constitution of India.



BE it enacted by Parliament in the Fifty-fourth Year of the Republic of India as follows:-





1.Short title and commencement. - (1) This Act may be called the Constitution (Ninety-second

Amendment) Act, 2003.



(2) Amendment of Eighth Schedule : In the Eighth Schedule to the Constitution, -

(a) existing entry 3 shall be re-numbered as entry 5, and before entry 5 as so re-numbered, the following entries shall be inserted, namely:-

“ 3.Bodo.

4.Dogri. “;

(b) existing entries 4 to 7 shall respectively be re-numbered as entries 6 to 9;

(c) existing entry 8 shall be re-numbered as entry 11 and before entry 11 as so renumbered, the following entry shall be inserted, namely :-

“ 10.Maithili. “;

(d) existing entries 9 to 14 shall respectively be re-numbered as entries 12 to 17;

(e) existing entry 15 shall be re-numbered as entry 19 and before entry 19 as so re-numbered, the following entry shall be inserted, namely :-

“ 18.Santhali. “;

(f) existing entries 16 to 18 shall respectively be re-numbered as entries 20 to 22.







T.K.VISWANATHAN

Secy. To the Govt. of India.







2.Insertion of new article 268A. - After article 268 of the Constitution, the following

article shall be inserted, namely:-



Service tax levied by Union and collected and appropriated by the Union and the States.



"268A. Service tax levied by Union and collected and appropriated by the Union and the

States.-(1) Taxes on services shall be levied by the Government of India and such tax

shall be collected and appropriated by the Government of India and the States in the

manner provided in clause (2).



(2) The proceeds in any financial year of any such tax levied in accordance with the

provisions of clause (1) shall be-



(a) collected by the Government of India and the States;



(b) appropriated by the Government of India and the States,



in accordance with such principles of collection and appropriation as may be formulated

by Parliament by law.".







3.Amendment of article 270. - In article 270 of the Constitution, in clause (1), for the

words and figures "articles 268 and 269", the words, figures and letter "articles 268,

268A and 269" shall be substituted.



4.Amendment of Seventh Schedule. - In the Seventh Schedule to the Constitution, in List

I-Union List, after entry 92B, the following entry shall be inserted, namely:-



"92C. Taxes on services.".





T.K. VISWANATHAN,



Secy. to the Govt. of India.



{}

THE CONSTITUTION (NINETY-THIRD AMENDMENT) ACT, 2005



NO. 93 OF 2005



[20th January, 2006.]



An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Fifty-sixth Year of the Republic of

India as follows:-



1.

Short title and commencement.



1. Short title and commencement.-

(1) This Act may be called the

Constitution (Ninety-third Amendment) Act, 2005.

(2) It shall come into force on such date as the Central Government

may, by notification in the Official Gazette, appoint.



2.

Amendment of article 15.



2. Amendment of article 15.-In article 15 of the Constitution, after

clause (4), the following clause shall be inserted, namely:-

"(5) Nothing in this article or in sub-clause (g) of clause (1) of

article 19 shall prevent the State from making any special provision,

by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30.".



T. K. VISWANATHAN,

Secy. to the Govt. of India.

Thanks for the latest amendments.

The Constitution (Ninety-fourth Amendment) Act, 2006: This Constitution Act came into force on 12 June 2006, with the assent of the President of India. 94TH CONSTITUTION AMENDMENT BILL ENACTED -------------------------------------------------------------------------------- The President has given his assent to the Constitution (Ninety-fourth Amendment) Bill 2006 as passed by Parliament. The legislation excludes Bihar from the proviso to Clause (1) of Article 164 of the Constitution which provides that there shall be a Minister in charge of tribal welfare who may in addition be in charge of the welfare of the Scheduled Castes and backward classes in Bihar, Madhya Pradesh and Orissa. It also proposes to extend the provisions of Clause (1) of Article 164 to the newly formed States of Chhattisgarh and Jharkhand. The new States of Chhattisgarh and Jharkhand came into being with the enactment of the Madhya Pradesh Reorganisation Act, 2000 and the Bihar Reorganisation Act, 2000 with effect from 1st November 2000 and 15th November 2000 respectively. Consequent upon their creation a sizeable portion of the Scheduled Areas of the erstwhile State of Madhya Pradesh was transferred to Chhattisgarh. Likewise, the entire Scheduled Areas of former Bihar was transferred to the newly formed Jharkhand State. As per the census figures of 2001, the percentage of Scheduled Tribes’ population to the total population in the four States is as follows : Name of the State Percentage of Scheduled Tribes’ population to total 1. Bihar 0.9 2. Jharkhand 26.3 3. Chhattisgarh 31.8 4. Madhya Pradesh 20.3

thanks for providing the latest amendments.

sir can u pls provide me the citation of the case law that led to the insertion of clause (1A) in article 75 of our constitution...i need it urgently

 

thanking you in advance