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Indian Polity & Governance

Topic
Constitution Amendment

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Constitutions Amendment
Constitutions undergo amendments informally (imperceptibly) and formally
(perceptibly). In the former method, there are two ways.

Judicial pronouncements
Conventions

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Formal and Perceptible Method

It refers to an amendment according to the procedure laid down in the
Constitution.

Art.368

The Constitution amendment process is given in Art.368 in which two

methods of amendment are mentioned.
One category of amendments are those which can be made by Parliament
by the prescribed special majority. The second category of amendments
require ratification by at least one half of the State Legislatures after
being passed by a special majority by each House of the Parliament.

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Amendment by Special Majority

A majority of not less than two-thirds of the members of that House
present and voting & by absolute majority whichever is larger
. Total membership means total number of members comprising the
House irrespective of any vacancies or absentees on any account.
Special majority is required at all stages of the passage of the
Constitution Amendment Bill.
All provisions of the Constitution can be amended by a special
majority in the parliament except the federal provisions. They require
amendment by special majority and ratification by State Legislatures
by simple majority of present and voting.

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Amendment Acts Since 2000

84th Amendment Act, 2001 - delimitation of constituencies for LS and
LA elections on the basis of 1991 census
87th Amendment Act, 2003 - delimitation of constituencies for LS and
LA elections on the basis of 2001 census
88th Amendment Act, 2003- Service tax amendment
89th Amendment Act, 2003- for SCs and STs, separate Commissions
were set up while earlier they were combined into a single one.
91st Amendment Act relate to strengthening the anti defection law and
limiting the size of the ministries
92nd amendment Act related to inclusion of four languages in the
Eighth Schedule- Bodo, Dogri, Maithili and Santhali.

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93rd amendment Act 2006 to provide reservations in

educational institutions for SC, ST and SEBCs- other than
minority educational institutions
94th Amendment Act amends Art. 164 stipulate that there shall
be a minister in the council of Ministers of the states of
Jharkhand and Chattisgarh while excluding Bihar as it has no
significant tribal population. The other two states that must have
a tribal affairs minister are Orissa and Madhya Pradesh.
95th Amendment Act - with effect from 25 January 2010. It
amended Article 34 to extend the reservation of seats for SC/STs
in the Lok Sabha and State assemblies from sixty to seventy
years.

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96th Amendment Act - with effect from 23 September 2011. It

substituted Odia for Oriya.
97th Amendment Act - 12 January 2012. It amended Article 19 and
added Part IXB. It added the words or co-operative societies after the
word or unions in Art. 19(1)(c) and X insertian of Art. 43B, i.e.,
promotion of co-operative societies and added part IX B i.e. the Cooperative Societies.

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