Landmark amendments

Introduction

1. The Indian Constitution has undergone several amendments to adapt to changing political, social, and economic conditions.
2. Landmark amendments such as the 42nd, 44th, 73rd, 74th, and 101st Amendments have significantly impacted India's governance.
3. These amendments address areas like the basic structure, democracy at the grassroots, and economic reforms.

42nd Amendment Act, 1976

1. Known as the "Mini-Constitution" due to its extensive changes.
2. Added the terms "Socialist," "Secular," and "Integrity" to the Preamble.
3. Strengthened the powers of the Central Government over the states.
4. Transferred subjects from the State List to the Concurrent List.
5. Made Fundamental Duties (Article 51A) a part of the Constitution.
6. Introduced the concept of the basic structure to prevent arbitrary changes to the Constitution.
7. Limited the scope of judicial review by reducing the powers of the Supreme Court and High Courts.
8. Extended the duration of the Lok Sabha and state assemblies from 5 to 6 years.

44th Amendment Act, 1978

1. Enacted to reverse the authoritarian provisions of the 42nd Amendment.
2. Restored the original tenure of the Lok Sabha and state assemblies to 5 years.
3. Strengthened the protection of Fundamental Rights by making Article 359 inapplicable to Articles 20 and 21 during an emergency.
4. Empowered courts to examine the validity of an emergency proclamation.
5. Deleted the provision allowing the Centre to declare an emergency on the grounds of "internal disturbance"; replaced it with "armed rebellion."
6. Ensured that property rights could be curtailed only through laws enacted by legislatures.

73rd Amendment Act, 1992

1. Granted constitutional status to the Panchayati Raj system.
2. Added Part IX and the 11th Schedule to the Constitution.
3. Mandated the establishment of Gram Sabhas in villages.
4. Introduced a three-tier system of Panchayati Raj institutions at the village, intermediate, and district levels.
5. Reserved one-third of the seats for women in Panchayati Raj institutions.
6. Ensured representation for Scheduled Castes, Scheduled Tribes, and Other Backward Classes.
7. Empowered Panchayati Raj institutions to prepare plans and implement schemes for economic development and social justice.

74th Amendment Act, 1992

1. Granted constitutional status to urban local bodies.
2. Added Part IXA and the 12th Schedule to the Constitution.
3. Established Municipal Corporations, Municipal Councils, and Nagar Panchayats as urban local self-governments.
4. Reserved one-third of seats for women in urban local bodies.
5. Provided for the constitution of a State Finance Commission to recommend financial allocations to urban local bodies.
6. Empowered urban local bodies to plan and implement schemes for economic development and urban planning.

101st Amendment Act, 2016

1. Introduced the Goods and Services Tax (GST), a landmark economic reform.
2. Replaced multiple indirect taxes like VAT, excise duty, and service tax with a unified GST.
3. Added Article 246A, empowering both Parliament and state legislatures to make laws on GST.
4. Created the GST Council to recommend rates and exemptions.
5. Aimed to create a common market and improve the ease of doing business.
6. Ensured revenue-sharing between the Centre and states.
7. Reduced cascading effects of taxation, leading to a more transparent and efficient tax system.

Conclusion

The 42nd, 44th, 73rd, 74th, and 101st Amendments represent significant milestones in the evolution of India's constitutional framework. These amendments reflect the adaptability of the Constitution and its ability to address diverse challenges while upholding the principles of democracy, federalism, and social justice.