News: The Lok Sabha has passed the 127th Constitutional Amendment Bill, 2021. This Bill was introduced by the BJP and unanimously supported by all parties. This Bill is said to benefit 671 castes across the nation and also restore the States’ power to make their own list of OBCs. Read News Here.
Background:
Why was the Amendment was required?
The Supreme court earlier this year in May had passed a judgment citing the issue of Maratha Reservation in Maharashtra. The SC upheld the 102nd Constitutional Amendment Act which empowers only the Centre to recognize the OBCs and not the States. The SC said, the President of India, in consultation with the Governors of the States should specify the social and backward classes. Thus the powers of the State governments to make a separate list of OBCs were taken away.
Now, In order to restore the State governments with powers to make a list of OBCs, the 127th Amendment Bill was introduced. Through this, the States can make a list of OBCs which can be entirely different from the central list too. Moreover, several parties along with the Social Justice and Empowerment Minister Dr. Virendra Kumar reiterated the need to remove the 50% cap on reservations. It was the Indra Sawhney case where the court had put a cap of 50 percent on the total reservation which can be increased only in special circumstances.
So in short, this Bill was introduced to bypass the SC ruling and restore the State governments of their powers to make a separate OBC list.
The coming together of all the parties and the unanimously passing of this Bill brings no surprise. No political party wants to be seen as creating a roadblock when the matter concerns ‘Reservation’. When the whole country is divided on issues like Farm Bills, CAA, rising oil prices, etc, the coming together of all political parties seems special. But the thing to remember is Uttar Pradesh elections are round the corner and no political party wants to ruin their image by opposing the Bill concerning reservations.
What is an Amendment?
An amendment is a change or update in the law or constitution or any legal document. Amendments can improve, add or remove parts from the agreement/ legal document. In the context of the Indian constitution, Article 368 of Part XX deals with the amendments to the Indian Constitution. There are two types of amendments :
- By a special majority of Parliament
- By a special majority of the Parliament with the ratification by half of the total states.
Watch the video to learn about the Major Amendments to Indian Constitution:
Procedure for the amendment of the constitution:
As mentioned above Part XX, article 368 deals with an amendment to the constitution itself by two methods viz. By a special majority of Parliament and By a special majority of the Parliament with the ratification by half of the total states.
- By a special majority of Parliament : Special Majority of the Parliament in simple terms means 2/3rd of the members present and voting along with a simple majority of 50 percent + of the total membership of the house. Most parts of the constitution can be amended by this method alone. Infact this method is sometimes considered to be flexible as only the Union i.e the Parliament is required here to make changes. However, it is also sometimes considered as a rigid method because it requires a special majority (2/3rd members present and voting) from the Union alone.
- Amendment by 2/3rd Majority of the Parliament plus Ratification by at least half of the several State Legislatures: This is a very rigid method prescribed by the founders of the constitution. First, the amendment bill is to be passed by both the Houses ( Lok Sabha and Rajya Sabha) of the Parliament by a majority of total membership and a 2/3rd majority of members present and voting in each House. And later on this bill has to get ratification by at least half of the total State Legislatures. Only then the bill is considered to be passed and the President gives assent to the bill.
The above two types mentioned are used only to amend the Constitution. However, there are provisions in the constitution by which certain articles in the constitution can be amended but these are not considered to be an amendment to the constitution itself.
The other types of Amendments in the Constitution which are outside of article 368 are:
- Amendment by simple majority of the Parliament
- Amendment by special majority of the Parliament
- Amendment by special majority of the Parliament and the ratification of at least half of the state legislatures.
A brief description of the above types are mentioned here: (From UPSC Perspective)
- Amendment by simple majority of the Parliament : This refers to a majority of more than 50 percent of members present and voting in the House i.e either in Lok Sabha or Rajya Sabha. It is used while formation of new states and alteration of areas, boundaries or names of existing states; Salaries and allowances of the members of Parliament; Fifth Schedule-administration of scheduled areas and scheduled tribes; Sixth Schedule-administration of tribal areas, etc. Moreover, a simple majority is required from the total number of states while an amendment to the constitution is made under article 368.
- Amendment by special majority of the Parliament : This refers to not only a majority of more than 50 percent of the total membership but also 2/3rd of the members of each house present and voting. The term total membership here means the total number of members comprising the House irrespective of the fact that there are any absentees or vacancies. This type is used while amending the articles related to the Fundamental Rights (FR), Directive Principles of State Policies (DPSP) and all other provisions which are related to FR and DPSPs.
- Amendment by special majority of the Parliament and the ratification of at least half of the state legislatures: This is a uniquely crafted amendment type. Since India is a federation with a strong Union, the centre is given more powers. However, the States are not completely deprived of their say in the parliamentary procedures. While amending the provisions of the constitution relating to the federal structure of the country, special majority of the parliament along with the consent from half of the total states of India is required for the Bill to pass. Provisions like the election of the President, Supreme Court and High Courts, representation of states in the parliament, any of the lists in the Seventh Schedule, etc. This type is unique because it requires a Special Majority from the Parliament and a Simple Majority from the State Legislatures. Also once, half of the total number of States give their ratification, the Bill is considered as Passed. Even though one or some or all the remaining states take no action on the bill, and the 50 percent criteria is fulfilled, the formality is completed. One point to remember here is there is no time limit within which the states should give their consent to the bill.
UPSC MCQs related to the topic :
Consider the following statement.
1) An Amendment Bill can be introduced by a private member (a member of a parliament who is not a minister) or a minister.
2) An amendment Bill can be initiated only by the Union government and can be introduced only in the parliament.
3) An Amendment Bill after being passed duly and sent to the President, shall be assent by the president.
4) An Amendment Bill can be initiated by the state only if their state assembly has a special majority.
Select the correct answer from the codes given below.
a) 1 & 4 only
b) 1, 2 & 4 only
c) 1, 2 & 3 only
d) All of the above
Answer : (c)
Consider the following statement.
1) 93rd Amendment Act 2005 to provide reservation in educational institutions for SC, ST and OBC, and other minorities.
2) 52nd Amendment Act 1985. Anti Defection law and the tenth schedule.
3) 14th Amendment Act 1962 – by this Act, Pondicherry was included in the First Schedule as a Union Territory.
Which of the statements given above is/are correct.
a) 1 only
b) 2 only
c) 1 & 2 only
d) All of the above
Answer: (d)
Consider the following statements about the constitution amendment:
1. One category of amendments is those which can be made by the parliament by the prescribed ‘special majority.
2 The second category of amendments requires ratification by at least two-thirds of the state legislatures after being passed by a special majority by each house of the parliament.
Which of the above statements is/are correct?
a) only 1
b) only 2
c) both 1 and 2
d) neither 1 nor 2
Answer: (a)
1) The President dissolves the Lok Sabha on the advice of the union council of ministers.
2) Prime Minister hails from the Lok Sabha.
3) All the money bills and other financial bills passed by Lok Sabha need a Special Majority.
Select the correct answer from the codes given below.
a) 1 & 2 only
b) 1 & 3 only
c) 2 & 3 only
d) All of the above
Answer(a)
The Constitution (43rd Amendment) Act:
A) ensured Press freedom
B) restore the Supreme Court and the High Courts the power to consider the constitutional validity of Central or State laws
C) prescribed serious limitations on the Government’s power to proclaim an internal emergency
D) removed the right to property from the Constitution
Correct Answer: B
The majority of the provisions of the Indian Constitution can be amended:
A) by the State Legislature alone
B) the Parliament alone
C) with the joint approval of the Parliament and State Legislatures
D) only on ratification of half the States
Correct Answer: B
Which of the following is not of the methods for amending the different categories of provisions in the Constitution?
A) Certain provisions may be amended by a simple majority in Parliament
B) Certain other provisions may be amended only by a two-thirds majority
C) Certain provisions may be amended only by a three-fourths majority
D) Certain amendments require to be ratified by one-half of the States after being passed in Parliament
Correct Answer: C
Which one of the following amendments have been described as Mini Constitution?
A) Forty-third
B) Forty-second
C) Fifty-second
D) Thirty-ninth
Correct Answer: D
Which of the following constitutional amendment provided for state reorganization on a linguistic basis?
A) Third Amendment
B) Fourth Amendment
C) Sixth Amendment
D) Seventh Amendment
Correct Answer: C
Which one of the following may be said to constitute the basic structure of the Constitution?
A) Federal character of Constitution
B) Secular nature of polity
C) Mandate to build a welfare state
D) all of them
Correct Answer: D
A simple majority in voting is enough to amend provisions relating to:
A) citizenship
B) creation and the abolition of a State
C) administration of Scheduled Castes and Schedules Tribes
D) all the above
Correct Answer: D
Which one of the following Amendments of the Constitution of India deals with the issue of strengthening the Panchayati Raj?
A) 42nd
B) 44th
C) 73rd
D) 86th
Correct Answer: C
Which of the following Constitutional Amendments has added Article 15 (5) in the Constitution of India providing for reservation in educational institutions in the private sector also?
A) 81st Amendment
B) 86th Amendment
C) 91st Amendment
D) 93rd Amendment
Correct Answer: D
Solution: The reservation in educational institutions in the private sector was provided in the 93rd Amendment under article 15 (5) of the constitution of India.
The Constitution (74th) Amendment Act makes mention of the
A) composition of the National Development Council
B) structure of the Planning Commission of India
C) functions of the State Finance Commission
D) functions of the Kaveri Water Authority
Correct Answer: C
Which one of the following amendments to the Indian Constitution empowers the President to send back any matter for reconsideration by the Council of Ministers?
A) 39th
B) 40th
C) 42nd
D) 44th
Correct Answer: D
The 93rd Constitution Amendment deals with the:
A) continuation of reservation for backward classes in government employment
B) free and compulsory education for all children between the age of 6 and 14 years
C) reservation of 30 percent posts for women in government recruitments
D) allocation of more number of parliamentary seats for recently created States
Correct Answer: B
Which of the following Constitutional Amendments are related to raising the number of Members of Lok Sabha to be elected from the States?
A) 6th and 22nd
B) 13th and 38th
C) 7th and 31st
D) 11th and 42nd
Correct Answer: C
The Constitution (98th Amendment) Act is related to:
A) empowering the Centre to levy an appropriate service tax
B) the constitution of the National Judicial Commission
C) readjustment of electoral constituencies on the basis of the population census 2001
D) the demarcation of new boundaries between States.
Correct Answer: B
Which of the following Constitution Amendment Acts seeks that the size of the Councils of Ministers at the Centre and in a State must not exceed 15 percent of the total number of members in the Lok Sabha and the total number of members of the Legislative Assembly of that State, respectively?
A) 91st
B) 93rd
C) 95th
D) 97th
Correct Answer: A
Which of the following is correct about the Constitution (First Amendment) Act, 1950
A) provides new grounds of restrictions to the right to freedom of speech and expression
B) Provides new grounds of restrictions to the right to practice any profession or to carry on any trade or business
C) Inserted two new Articles 31A and 31B and the Ninth Schedule to give protection from challenge to land reform laws
D) All the above
Correct Answer: D
The Constitution (Sixth Amendment) Act, 1956
A) Articles 269 and 286 were amended regarding taxes in the course of interstate trade and commerce
B) 92A was added to the Union List of Seventh Schedule
C) [a] and [b]
D) Inserted two new Articles 31A and 31B and the Ninth Schedule to give protection from challenge to land reform laws
Correct Answer: C
The Constitution (Seventh Amendment) Act, 1956
A) Giving effect to the recommendations of the State Reorganisation Commission
B) Twofold classification of States and Union Territories
C) [a] and [b]
D) Act 92A was added to the Union List of Seventh Schedule
Correct Answer: C
The Constitution (Eighth Amendment) Act, 1960
A) Article 31(2) of the Constitution was amended to provide state power of compulsory acquisition of private property
B) Extenstion of reservations to SC and ST and Anglo Tnriians
C) Substituted entry 33 of Concurrent List of 7th
D) Schedule (d) Act 92A was added to the Union List of Seventh Schedule
Correct Answer: B
Which of the following Amendment Act of the Constitution imposed certain restrictions on the right to property?
A) The Constitution (Thirty-seventh Amendment) Act, 1975
B) The Constitution (Thirty-eighth Amendment) Act, 1975
C) The Constitution (Forty-First Amendment) Act, 1976
D) The Constitution (Forty-Second Amendment) Act, 1976
Correct Answer: D
Which of the following is true about the Constitution (Twenty Fourth Amendment) Act, 1971
A) Parliament has the power to amend any part of the Constitution including fundamental rights
B) The President is bound to assent Constitution amendment bill
C) Education was transferred to the Concurrent List
D) All the above
Correct Answer: D
Which of the following amendment of the Constitution increased the elective strength of Lok Sabha from 525 to 545?
A) 31st amendment
B) 30th amendment
C) 25th amendment
D) 21st amendment
Correct Answer: A
Which of the following amendment was passed during the period of emergency?
A) 45th amendment
B) 50th amendment
C) 42nd amendment
D) 47th amendment
Correct Answer: C
For more MCQs click here
UPSC Previous Year Questions Mains:
2020
- Indian constitution exhibits centralizing tendencies to maintain the unity and integrity of the nation. Elucidate in the perspective of the Epidemic Diseases Act, 1897; The Disaster Management Act, 2005 and recently passed Farm Acts.
- Judicial Legislation is antithetical to the doctrine of separation of powers as envisaged in the Indian Constitution. In this context justify the filing of large number of public interest petitions praying for issuing guidelines to executive authorities.
- Which steps are required for constitutionalization of a commission? Do you think imparting constitutionality to the National Commission for Women would ensure greater gender justice and empowerment in India? Give reasons.
2019
- Do you think the Constitution of India does not accept the principle of strict separation of powers rather it is based on the principle of ‘checks and balance’? Explain
- What can France learn from the Indian Constitution’s approach to secularism?
2017
- Explain the salient features of the constitution(One Hundred and First Amendment) Act, 2016. Do you think it is efficacious enough to remove the cascading effect of taxes and provide for the common national market for goods and services? (250 words)
- The Indian Constitution has provisions for holding joint sessions of the two houses of the Parliament. Enumerate the occasions when this would normally happen and also the occasions when it cannot, with reasons thereof. (250 words)
2016
- Discuss the essentials of the 69th Constitutional Amendment Act and anomalies, if any, that have led to recent reported conflicts between the elected representatives and the institution of the Lieutenant Governor in the administration of Delhi. Do you think that this will give rise to a new trend in the functioning of the Indian federal politics?
- To what extent is Article 370 of the Indian Constitution, bearing marginal note “temporary provision with respect to the State of Jammu and Kashmir”, temporary? Discuss the future prospects of this provision in the context of Indian polity.
- Discuss each adjective attached to the word ‘Republic’ in the ‘Preamble’. Are they defendable in the present circumstances?
- What was held in the Coelho case? In this context, can you say that judicial review is of key importance amongst the basic features of the Constitution?
2015
- What are the major changes brought in the Arbitration and Conciliation Act, 1996 through the recent Ordinance promulgated by the President? How far will it improve India’s dispute resolution mechanism? Discuss.
- Does the right to clean the environment entail legal regulations on burning crackers during Diwali? Discuss in the light of Article 21 of the Indian Constitution and Judgement(s) of the Apex Court in this regard.
- “If an amendment bill to the Whistleblowers Act, 2011 tabled in the Parliament is passed, there may be no one left to protect.” Critically evaluate.
Read more for your UPSC preparation here.
More on this website for your UPSC Preparation:
INTERNATIONAL RELATIONS: https://currentaffairsupsc.in/international-relations/
POLITY: https://currentaffairsupsc.in/polity/
ECONOMICS: https://currentaffairsupsc.in/economics/
SCIENCE AND TECHNOLOGY: https://currentaffairsupsc.in/science-technology/
ENVIRONMENT & ECO.: https://currentaffairsupsc.in/environment-ecology-and-biodiversity/
HISTORY: https://currentaffairsupsc.in/history/
MISC: https://currentaffairsupsc.in/misc/