Amendments To The Constitution

Ninety Seventh Amendment Act, 2011

The following Act of Parliament received the assent of the President on the 12th January 2012. Be it enacted by Parliament in the sixty second Year of the Republic of India as follows:
(i) (a)This Act may be called the Constitution (Ninety Seventh Amendment) Act, 2011 (b) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
(ii) In Part III of the Constitution, in article 19, in clause(I), in sub-clause(c), after the words "or unions", the words "or co-operative societies" shall be inserted.
(iii) In Part IV of the Constitution, after article 43A, the following article shall be inserted namely : "43B. The State shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies."

Ninety Fifth Amendment Act, 2009

States by resolutions to that effect, received the assent of the President on the 18th January, 2010. Be it enacted by Parliament in the Sixtieth Year of the Republic of India as follows: (i) This Act may be called the Constitution (Ninety Fifth Amendment) Act, 2009, (ii) It shall come into force on the 25th day of January, 2010. (iii)In article 334 of the Constitution, for the words "sixty years", the words "seventy years" shall be substituted.

Ninety-third amendment Act, 2006

Greater access to higher education includingprofessional education, is of great importance to a large number of students belonging to the ScheduledCastes, the Scheduled Tribes and other socially and educationally backward classes of citizens. Thereservation of seats for the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes ofcitizens in admission to educational institution is derived from the provisions of clause (4) of articles 15of the constitution. At present, the number of seats available in aided or State maintained institutions,particularly in respect of professional education, is limited, in comparison to those in private unaidedinstitutions.

Clause (i) of article 30 of the Constitution provides the right to all minorities to establish and administer educational institutions of their choice. It is essential that the rights available to minorities are protected in regard to institutions established and administered by them. Accordingly, institutions declared by the State to be minority institutions under clause (1) of article 30 are excluded from the operation of this enactment.

To promote the educational advancement of the socially and educationally backward classes of citizens, i.e., the Other Backward Classes or of the Scheduled Castes and the Scheduled Tribes in matters of admission of students belonging to these categories in unaided educational institutions, other than the minority educational institutions referred to in clause (1) of article 30, the provisions of article 15 were amplified. The new clause (5) of said article 15 shall enable the Parliament as well as the State Legislatures to make appropriate laws for the above mentioned purpose.

Ninety-first Amendment, Act, 2003

In Article 75 of the Constitution, after clause (1), the following clauses shall be inserted, namely :

"(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.

(IB) 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"

In Article 164 of the Constitution, after clause (i), the following clauses shall be inserted, namely:

"(1 A) the total number of Ministers, including the Chief Minister, in the Council of Ministers in a State sail 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 the 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.

(IB) A member of the 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"

After Article 361A of the Constitution, the following article shall be inserted, namely :

316B. 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'.

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.

Eighty-ninth Amendment) Act, 2003

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

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.After Article 338 of the Constitution, the following article shall be inserted, namely:

"338A. (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 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".