Journey of Indian Constitutional System: Post-Independence Developments I

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As they say ‘nothing is perfect’ and the one certain thing is ‘Change’, the Constitution of India which came into force on 26^th January 1950 complements both. It was not all perfect at the start and since its application, numerous of changes have occurred, be them through various amendments or landmark judgments by the Apex Court. Now we look forward towards the important changes made in Indian System major amendments.

The Constitution (First Amendment) Act, 1951: The first change in the system came quite quickly. The main change introduced by it was that it curtailed the Fundamental Right to property guaranteed by Article 31 with a view to achieving quick implementation of important measures of agrarian reform passed by the State Legislatures by immunizing the same against attack in courts. This amendment added two new Articles 31A and 31B, and the Ninth Schedule, so as to make laws acquiring zamindars unchallengeable in the courts.

Articles 85 and 87 were also amended so as to require Parliament to be summoned twice a year instead of once and requiring the president addressing the two Houses at the commencement of each session. Now, the provision is that not more than six months are to elapse between the last day of one session and the first day of the following session.

The Constitution (Ninth Amendment) Act, 1960: Agreements between India and Pakistan, dated 10.09.1958, 23.10.1959 and 11.01.1960 relating to boundary disputes to the borders of States of Assam, Punjab and West Bengal and Union Territory Tripura were settled. The Amendment modified the description of boundaries contained in the First Schedule of the Constitution of the States of Assam, Punjab, West Bengal and UT of Tripura.

The Constitution (Tenth Amendment) Act, 1961: The territory of Dadra and Nagar Haveli was made part of Union of India. The First Schedule and Article 240(1) were accordingly amended and came into effect from 16.08.1961.

The Constitution (Twelfth Amendment) Act, 1962: The Territory of Goa, Daman & Diu (Portuguese colony) was integrated into India as Union Territory. The amendment was asserted on 27.03.1962 and came into force on the same.

The Constitution (Twenty First Amendment) Act, 1967: It amended Eighth Schedule by including Sindhi as one of the fifteen languages. The Constitution (Seventy-First Amendment) Act, 1992, added Konkani, Nepali, and Manipuri to make the number eighteen.

The Constitution (Twenty Fourth Amendment) Act, 1971: In the landmark decision of Golaknath case[i], The Apex Court ruled that a Constitution Amendment under Article 368 taking away a Fundamental Rights would be void under Article 13. To counter this situation Parliament enacted this amendment and inserted Article 13(4) saying that this Article would not apply to an amendment of the Constitution made under Article 368.

The Constitution (Forty Second Amendment) Act, 1976: (subject to intensive study) Often regarded as the most extensive and detailed amendment, it touched almost every aspect of the Constitution. It changed significantly the Preamble, Parliament, State Legislatures, Executive, High Court, Federalism, Fundamental Rights, etc. The amendment was based on the proposals made by a Committee or panel of the Congress Party headed by Shri Swaran Singh. The Preamble, 40 Articles, and the Seventh Schedule were amended and 14 new Articles were added to the Constitution.

The Constitution (Forty-Fourth Amendment) Act, 1978: (subject to intensive study) Some significant changes were made relating to fundamental rights, election the proclamation of emergency, judicial independence. The right to hold property, a fundamental right, was now made as a legal right.

The Constitution (Fifty Second Amendment) Act, 1985: Popularly known as ‘Anti-Defection Law’, it was enacted to prevent the scourge of defection of members of Parliament and State Legislature from one political party to another, and destabilizing governments in the process.

The Constitution (Fifty Fifth Amendment) Act, 1986: It provided statehood to Arunachal Pradesh. Article 371H was inserted in the Constitution.

The Constitution (Sixty First Amendment) Act, 1988: The amendment amended Article 326 and lower down the age for voting from 21 to 18 years.

The Constitution (Sixty Ninth Amendment) Act, 1991: it added two Articles 239AA and 239AB to the Constitution to give a special status to the National Capital of Delhi i.ee a Union Territory. The administrator of the Territory is to be designated as the Lt. Governor. It would be governed by a Legislative Assembly elected by the people of the constituencies.

The Constitution (Seventy Third Amendment) Act, 1993: Part IX(Article 243 to 243O) was added to the Constitution to introduce the panchayat system at groun level. It was passed in pursuance of the Directive Principles of State Policy in Article 40. The idea was further strengthen by the seventy fourth amendment by inserting Part IXA. Twelfth Schedule comprising 18 items was also inserted by the 74^th amendment.

The Constitution (Ninety Second Amendment) Act, 2003: Bodo, Dogri, Maithili, Santhali languages were added in the Eight Schedule of the Constitution.

The Indian Constitution, originally passed by the forefathers, represented the need and values of the existing situations. Society kept changing and the government modified the Constitutional system which suited their ideology. But the fundamentals of the system i.e. called as the ‘basic features of the constitution’ has been secured by the Judiciary time to time. But where the Court has tried to change the order itself aggressively, the Parliament balanced it using new enactments. The system which started with just a Charter giving executive powers have now become the world’s largest democracy. It is up to the present generation to take forward it in a definite way so as to satisfy the needs of the subjects and achieve the aims of the State.

[i] Golaknath v. State of Punjab, AIR 1967 SC 1643