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List of Important Amendments in Indian Constitution PDF

The 105th Amendments in the Indian Constitution by the Indian Government. These amendments have brought about some significant changes in the course of Indian Polity. The 105th Amendment of the Indian Constitution was implemented in the year 2021, and it was included in the 127th Constitutional Amendment Bill.

Now, you might be wondering why there are so many amendments in the Indian Constitution. Well, the Constitution of India is quite unique in that it spells out governmental powers with so much detail that many matters addressed by statute in other democracies must be addressed via constitutional amendment in India. It’s like a super-detailed roadmap for how the government should function.

In India, the power to make amendments to the Constitution lies with the Indian Parliament, as stated in Article 368 of Part XX of the Constitution itself. This means that any changes or additions to the Constitution can only be made through the parliamentary process. It’s a way to ensure that any modifications to the Constitution are carefully considered and debated by the elected representatives of the people.

Amendments to the Indian Constitution play a crucial role in keeping it relevant and adaptable to the changing needs of the country. They can address various aspects of governance, such as the distribution of powers between the central and state governments, the fundamental rights of citizens, and the structure and functioning of different institutions.

Each amendment is carefully crafted and debated before it becomes a part of the Constitution. It goes through a series of stages, including introduction, discussion, voting, and finally, the President’s assent. This ensures that the amendment process is democratic and transparent. The 105th Amendment, like other amendments, would have gone through a similar process. It would have been introduced as a bill in Parliament, where members would have had the opportunity to discuss and debate its provisions.

After considering different perspectives, the bill would have been put to a vote, and if it received the majority’s support, it would have been sent to the President for assent. The process of amending the Constitution is a complex one, as it involves making changes to the fundamental laws that govern the country. It requires careful consideration of various factors, including the impact on citizens, the balance of power, and the overall vision for the nation.

 

Important Amendment for Indian Constitution UPSC

  • The 105th Amendment of the Indian Constitution, which was implemented in the year 2021. This amendment was included in the 127th Constitutional Amendment Bill. Now, let’s discuss some of the significant highlights of this amendment.
  • In 2019, the Maharashtra government granted a 16% reservation to the Maratha community. However, this decision was overturned by the court for two reasons. First, it exceeded the reservation limit set in the landmark Indira Sawhney case. The court believed that going beyond this limit would compromise the principles of equality and fairness.
  • The second reason given by the Supreme Court was that the state lost its authority to grant OBC (Other Backward Classes) reservations under the 102nd amendment. This amendment, known as the 102nd Amendment Act, gave constitutional status to the National Commission for Backward Classes (NCBC) in 2018. It stated that the President and the Central Government would be responsible for maintaining the list of Backward Classes. As a result, the states lost the power to maintain their own OBC reservation lists.
  • To address this issue, the 105th amendment was introduced, which aimed to restore the state government’s authority to recognize Socially and Economically Backward Classes. This amendment played a crucial role in ensuring that the state governments could once again identify and provide reservations for deserving communities.
  • The 102nd Amendment Act introduced two new articles, Article 338B and Article 342A, which had significant implications. Article 338B granted constitutional status to the National Commission for Backward Classes (NCBC), ensuring its authority and role in safeguarding the rights of backward classes. On the other hand, Article 342A empowered the Central Government to maintain the list of Other Backward Classes (OBCs), ensuring consistency and uniformity across the country.
  • These provisions were introduced to streamline the process of identifying and providing reservations for socially and economically backward communities. By giving constitutional status to the NCBC and centralizing the maintenance of the OBC list, the 102nd Amendment aimed to create a fair and transparent system for reservation policies.
  • The 105th Amendment of the Indian Constitution, included in the 127th Constitutional Amendment Bill, addressed the issues related to reservation policies in Maharashtra and the authority of state governments.