The Constitution of India: Amendments 76-100

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Contents

Amendments to the Constitution of India

The sources of this article include

INDIA 2012

A REFERENCE ANNUAL

Compiled by

RESEARCH, REFERENCE AND TRAINING DIVISION

PUBLICATIONS DIVISION

MINISTRY OF INFORMATION AND BROADCASTING

GOVERNMENT OF INDIA

The 76th to 80th Amendments: 1994-2000

76. The Constitution (Seventy-sixth Amendment) Act, 1994—

The policy of reservation of seats in educational institutions and reservation of appointments or posts in public services for Backward Classes, Scheduled Castes and Scheduled Tribes has had a long history in Tamil Nadu dating back to the year 1921. The extent of reservation has been increased by the State Government from time to time, consistent with the needs of the majority of the people and it has now reached the level of 69 per cent (18 per cent Scheduled Castes, one per cent Scheduled Tribes and 50 per cent Other Backward Classes).

The Supreme Court in Indira Sawhney and others vs. Union of India and others (AIR, 1993 SC 477) on 16th November 1992 ruled that the total reservations under Article 16(4) should not exceed 50 per cent.

The Tamil Nadu Government enacted a legislation, namely, Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institution and of appointments or posts in the Services under the State) Bill, 1993 and forwarded it to the Government of India for consideration of the President of India in terms of Article 31-C of the Constitution.

The Government of India supported the provision of the State legislation by giving the President’s assent to the Tamil Nadu Bill. As a corollary to this decision, it was necessary that the Tamil Nadu Act 45 of 1994 was brought within the purview of the Ninth Schedule to the Constitution so that it could get protection under Article 31B of the Constitution with regard to the judicial review.

77. The Constitution (Seventy-seventh Amendment) Act, 1995—

The Schedule Castes and the scheduled tribes have been enjoying the facility of reservation in promotion since 1955. The Supreme Court in its judgment dated 16th November 1992 in the case of Indira Sawhney and others vs. Union of India and others, however, observed that reservation of appointments or posts under Article 16(4) of the Constitution is confined to initial appointment and cannot extend to reservation in the matter of promotion.

This ruling of the Supreme Court will adversely affect the interests of the Scheduled Castes and the Scheduled Tribes. Since the representation of the Scheduled Castes and the Scheduled Tribes in services in the States have not reached the required level, it is necessary to continue the existing dispensation of providing reservation in promotion in the case of the Scheduled Castes and the Scheduled Tribes.

In view of the commitment of the Government to protect the interests of the Scheduled Castes and the Scheduled Tribes, the Government have decided to continue the existing policy of reservation in promotion for the Scheduled Castes and the Scheduled Tribes. To carry out this, it was necessary to amend Article 16 of the Constitution by inserting a new clause (4A) in the said Article to provide for reservation in promotion for the Scheduled Castes and the Scheduled Tribes.

78. The Constitution (Seventy-eighth Amendment) Act, 1995—

Article 31B of the Constitution confers on the enactments included in the Ninth Schedule to the Constitution immunity from legal challenge on the ground that they violate the fundamental rights enshrined in Part III of the Constitution. The Schedule consists of list of laws enacted by various State Governments and Central Government which inter alia affect rights and interest in property including land.

In the past, whenever, it was found that progressive legislation conceived in the interest of the public was imperilled by litigation, recourse was taken to the Ninth Schedule. Accordingly, several State enactments relating to land reforms and ceiling on agricultural land holdings have already been included in the Ninth Schedule. Since, the Government is committed to give importance to land reforms, it was decided to include land reform laws in the Ninth Schedule so that they are not challenged before the courts.

The State Governments of Bihar, Karnataka, Kerala, Orissa, Rajasthan, Tamil Nadu and West Bengal had suggested the inclusion of some of their Acts relating to land reforms in the Ninth Schedule.

Since the amendment to Acts which are already placed in the Ninth Schedule are not automatically immunised from legal challenge, a number of amending Acts along with a few principal Acts have been included in the Ninth Schedule so as to ensure that implementation of these Acts is not adversely affected by litigation.

79. The Constitution (Seventy-ninth Amendment) Act, 1999—

By this Act the Government has extended the reservations of seats for the Scheduled Castes and the Scheduled Tribes as well as for the Anglo-Indians in the House of the People and in the Legislative Assemblies of the States for another ten years.

80. The Constitution (Eightieth Amendment) Act, 2000—

Based on the recommendations of the Tenth Finance Commission, an alternative scheme for sharing taxes between the Union and the States has been enacted by the Constitution (Eightieth Amendment) Act 2000. Under the new scheme of devolution of revenue between Union and the States, 26 per cent out of gross proceeds of Union taxes and duties is to be assigned to the States in lieu of their existing share in the income-tax, excise duties, special excise duties and grants in lieu of tax on railway passenger fares.

The 81st to 85th Amendments: 2000-2001

81. The Constitution (Eighty-first Amendment) Act, 2000—

By this amendment the unfilled vacancies of a year which were reserved for the Scheduled Castes and the Scheduled Tribes for being filled up in that year in accordance with any provision for reservations made under Article 16 of the Constitution, shall be considered as a separate class of vacancies to be filled up in any succeeding year or years, and such class of vacancies shall not be considered together with the vacancies of the year in which they were filled up for determining the ceiling of fifty per cent reservation against total number of vacancies of that year.

82. The Constitution (Eighty-second Amendment) Act, 2000—

The amendment provides that nothing in Article 335 shall prevent the State from making any provision in favour of the members of the Scheduled Castes and the Scheduled Tribes for relaxation in qualifying marks in any examination or lowering the standards of evaluation for reservation in matters of promotion to any class or classes of services or posts in connection with affairs of the Union or of a State.

83. The Constitution (Eighty-third Amendment) Act, 2000—

The Act amended Acticle 243M of the Constitution to provide that no reservation in Panchayats need be made in favour of the Scheduled Castes in Arunachal Pradesh wholly inhabited by tribal population.

84. The Constitution (Eighty-fourth Amendment) Act, 2001—

The Act amended provisos to articles 82 and 170(3) of the Constitution to readjust and rationalise the territorial constitutencies in the States, without altering the number of seats allotted to each State in House of People and Legislative Assemblies of the States, including the Scheduled Castes and Scheduled Tribes constituencies, on the basis of the population ascertained at the census for the year 1991 so as to remove the imbalance caused due to uneven growth of population/electorate in different constituencies.

It is also to refix the number of seats reserved for the Scheduled Castes and the Scheduled Tribes in the House of the People and the Legislative Assemblies of the States on the basis of the population ascertained at the census for the year 1991 so as to remove the imbalance caused due to uneven growth of population/electorate in different constituencies.

It is also to refix the number of seats reserved for Scheduled Castes and the Scheduled Tribes in the House of the People and the Legislative Assemblies of the States on the basis of the population ascertained at the census for the year 1991.

85. The Constitution (Eighty-fifth Amendment) Act, 2001—

This Act amended article 16(4A) of the Constitution to provide for consequential seniority in the case of promotion by virtue of rule of reservation for the Government servants belonging to the Scheduled Castes and the Scheduled Tribes.

It also provides retrospective effect from 17th day of June 1995.

The 86th to 90th Amendments: 2002-2003

86. The Constitution (Eighty-sixth Amendment) Act, 2002—

The Act deals with insertion of a new article 21A after article 21. The new article 21A deals with Right to Education—

“The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine”.

Substitution of new Article for Article 45. For Article 45 of the Constitution, the following article shall be substituted, namely, Provision for early childhood care and education to children below the age of six years. Article 45: “The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.”

Article 51A of the Constitution was amended and a new clause (k) was added after clause (j), namely, “(k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.”

87. The Constitution (Eighty-seventh Amendment) Act, 2003 –

In Article 81 of the Constitution, in clause (3), in the proviso, in clause (ii), for the figures ‘‘1991’’, the figures ‘‘2001’’ shall be substituted.

In Article 82 of the Constitution, in the third proviso, in clause (ii), for the figures ‘‘1991’’, the figures ‘‘2001’’ shall be substituted.

In Article 170 of the Constitution, - (i) in clause (2), in the Explanation, in the proviso, for the figures ‘‘1991’’, the figures ‘‘2001’’ shall be substituted; (ii) in clause (3), in the Explanation, in the third proviso, for the figures ‘‘1991’’, the figures ‘‘2001’’ shall be substituted.

In Article 330 of the Constitution, in the Explanation, in the proviso, for the figures "1991", the figures "2001" shall be substituted.

88. The Constitution (Eighty-eighth Amendment) Act, 2003 –

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

After Article 268 of the Constitution, the following article shall be inserted, namely :

‘‘268A. (1) Taxes on services shall be levied by the Government of India and such tax shall be collected and appropriated by the Government of India and the States in the manner provided in clause (2).

(2) The proceeds in any financial year of any such tax levied in accordance with the provisions of clause (1) shall be - (a) collected by the Government of India and the States; (b) appropriated by the Government of India and the States, in accordance with such principles of collection and appropriation as may be formulated by Parliament by law’’.

In Article 270 of the constitution, in clause(1), for the words and figures "Article 268 and 269", the words, figures and letter "Articles 268, 268A and 269" shall be substituted.

In the Seventh Schedule to the Constitution, in List I-Union List, after entry 9.2B, the following entry shall be inserted, namely : ‘‘92C. Taxes on services’’.

89 The Constitution (Eighty-ninth Amendment) Act, 2003-

It 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’’.

90. The Constitution (Ninetieth Amendment) Act, 2003-

In Article 332 of the Consitution, in clause (6), the following proviso shall be inserted, namely :

‘‘Provided that for elections to the Legislative Assembly of the State of Assam, the representation of the Scheduled Tribes and non-Scheduled Tribes in the constituencies included in the Bodoland Territorial Areas District, so notified, and existing prior to the constitution of the Bodoland Territorial Areas District, shall be maintained’’.

The 91st to 94th Amendments: 2003-2006

91. The Constitution (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.

(1B) 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:

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

(1B) A member of the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council beloging to any poitical 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.

92. The Constitution (Ninety-second Amendment) Act, 2003—

In the Eighth Schedule to the Constitution,—

(a) existing entry 3 shall be re-numbered as entry 5, and before entry 5 as so re-numbered, the following entries shall be inserted, namely:

"3. Bodo;

4. Dogri".

(b) existing 4 to 7 shall respectively be re-numbered as entries 6 to 9; (c) existing entry 8 shall be re-numbered as entry 11 and before entry 11 as so renumbered, the following entry shall be inserted, namely:

"10. Maithili".

(d) existing entries 9 to 14 shall respectively be re-numbered as entries 12 to 17;

(e) existing entry 15 shall be re-numbered as entry 19 and before entry 19 as so re-numbered, the following entry shall be inserted, namely :

"18. Santhali".

(f) existing entries 16 to 18 shall respectively be re-numbered as entries 20 to 22.

93. The Constitution (Ninety-third amendment) Act, 2006 –

Greater access to higher education including professional education, is of great importance to a large number of students belonging to the Scheduled Castes, the Scheduled Tribes and other socially and educationally backward classes of citizens. The reservation of seats for the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes of citizens in admission to educational institution is derived from the provisions of clause (4) of articles 15 of 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 unaided institutions.

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.

94. The Constitution (Ninety-fourth amendment) Act, 2006

In Article 164 of the Constitution, in Clause (I), in the proviso, for the word "Bihar", the words "Chhattisgarh, Jharkhand" shall be substituted.

95. The Constitution (Ninety-fifth amendment) Act, 2009

In article 334 of the Constitution, for the words "sixty years", the words " seventy years" shall be substituted .

This extended the reservation of seats for SCs and STs in the Lok Sabha and states assemblies from Sixty years to Seventy years

The 96th to 100th Amendments: 2011-2015

96. The Constitution (Ninety-sixth amendment) Act, 2011

Schedule 8 of the Constitution was amended by substituting the word "Oriya"with "Odia."

97. The Constitution (Ninety-seventh amendment) Act, 2011

Article 19 was amended and Part IXB was added.

The words "or co-operative societies" were added after the word "or unions" in Article 19(l)(c); article 43B i.e., Promotion of Co-operative Societies, was inserted; and Part-IXB i.e., The Co-operative Societies, was added.

Shri (Dr.) Charan Das Mahant, Minister of State for Agriculture and Food Processing Industries, in a written reply to a question in the Rajya Sabha gave the following information”

97th Constitution Amendment to Encourage Economic Activities of Cooperatives

Constitution (Ninety Seventh Amendment) Act 2011 relating to the co-operatives will encourage economic activities of cooperatives which in turn help progress of rural India. It is expected to not only ensure autonomous and democratic functioning of cooperatives, but also the accountability of the management to the members and other stakeholders.

The inter alia provides for:

(i) incorporation, regulation and winding up of cooperative societies based on the principles of voluntary formation, democratic member control, member economic participation and autonomous functioning;

(ii) specifying the maximum number of directors of a co-operative society to be not exceeding twenty-one members;

(iii) a fixed term of five years from the date of election in respect of the elected members of the board and its office bearers; and an authority or body for the conduct of elections to a cooperative society;

(iv) a maximum time limit of six months during which board of directors of a co-operative society could be kept under supersession or suspension;

(v) independent professional audit;

(vi) right of information to the members of the co-operative societies;

(vii) empowering the State Governments to obtain periodic reports of activities and accounts of co-operative societies;

(viii) reservation of one seat for the Scheduled Castes or the Scheduled Tribes and two seats for women on the board of every cooperative society, which have individuals as members from such categories; and

(ix) penalties in respect of offences relating to co-operative societies.

98. The Constitution (Ninety-eighth amendment) Act, 2013

Article 371J was inserted in the Constitution to empower the Governor of Karnataka to take steps to develop the Hyderabad-Karnataka Region (i.e. including six backward districts of North Karnataka, viz., Bellary, Bidar, Gulbarga, Koppal, Raichur and Yadgir).

The Amendment provides that the President may give the Governor of Karnataka any special responsibility to

(a) Establish a separate development board for the Hyderabad- Karnataka region. A report on the working of the board will be placed each year before the State Legislative Assembly

(b) Ensure that the allocation of funds for developmental expenditure over the above-mentioned region is equitable,; and

(c) Ensure equitable opportunities and facilities in matters of public employment, education and vocational training for the people belonging to the above-mentioned region

The Governor’s orders may provide that

(a) In the said region a proportion of seats in educational and vocational training institutions are reserved for students belonging to that region by birth or by domicile; and

(b) Posts or classes of posts under all bodies and organisation that come under the State Government in the said region are identified and a proportion of such posts are reserved for persons belonging to that region by birth or by domicile. Appointment to these posts by direct recruitment or by promotion or in any other manner may be specified in the order.

99. The Constitution (Ninety-ninth amendment) Act, 2014

i) New articles 124A, 124B and 124C were inserted. Articles 127, 128, 217, 222, 224A, 231 were amended. The amendment provided for the formation of a National Judicial Appointments Commission.

In Article 124(2)

(a) the words “after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose”

were substituted with the words

“on the recommendation of the National Judicial Appointments Commission referred to in article 124A”

(b) the first proviso was omitted;

(c) in the second proviso, the words “Provided further that”,

were substituted with the words

“Provided that.”

The new article 124A provided for

(1) The National Judicial Appointments Commission, which would consist of:

(a) Ex officio chairperson: The Chief Justice of India,

(b) Ex officio members: Two other senior Judges of the Supreme Court next to the Chief Justice of India,

(c) Ex officio member: The Union Minister in charge of Law and Justice,

(d) A committee (consisting of the Prime Minister, the Chief Justice of India and the Leader of Opposition in the House of the People or if there was no such Leader of Opposition, then, the Leader of the single largest Opposition Party in the House of the People) would nominate two eminent persons,

One of the eminent persons to be nominated would be from amongst persons belonging to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, Minorities or Women

The period for which an eminent person shall be nominated is three years. An eminent person shall not be eligible for renomination.

(2) The mere existence of any vacancy or defect in the constitution of the Commission cannot be the ground for the questioning or invalidation of any act or proceeding of the National Judicial Appointments Commission.

The new article 124B

The duties of the National Judicial Appointments Commission:

(a) Appointment as Chief Justice of India, Judges of the Supreme Court, Chief Justices of High Courts and other Judges of High Courts: The NJAC would recommend persons for such appointment,

(b) Transfer of Chief Justices and other Judges of High Courts from one High Court to any other High Court: The NJAC would recommend such transfers.

(c) The NJAC would ensure that the person recommended is of ability and integrity.

The new article 124C provided that

The procedure for the appointment of the Chief Justice of India and other Judges of the Supreme Court and Chief Justices and other Judges of High Courts may, by law, be regulated by Parliament, which may empower the Commission to lay down, by regulations, the procedure for the discharge of the Commission’s functions, the manner of selection of persons for appointment and other matters considered necessary by it.

Article 127 (1)

The words

“the Chief Justice of India may, with the previous consent of the President”

were substituted with the words

“the National Judicial Appointments Commission on a reference made to it by the Chief Justice of India, may with the previous consent of the President.”

Article 128

The words

“the Chief Justice of India”

were substituted with the words

“the National Judicial Appointments Commission”.


Article 217 (1)

The portion beginning with the words

“after consultation”, and ending with “the High Court”

were substituted with the words

“on the recommendation of the National Judicial Appointments Commission referred to in article 124A”.

Article 222 (1)

The words “after consultation with the Chief Justice of India”

were substituted with the words

“on the recommendation of the National Judicial Appointments Commission referred to in article 124A”.

Article 224 (a) in clause (1)

The words

“the President may appoint”

were substituted with the words

“the President may, in consultation with the National Judicial Appointments Commission, appoint”

(b) in clause (2)

The words

“the President may appoint”

were substituted with the words

“the President may, in consultation with the National Judicial Appointments Commission, appoint”.

Article 224A

The words

‘‘the Chief Justice of a High Court for any State may at any time, with the previous consent of the President’’

were substituted with the words

‘‘the National Judicial Appointments Commission on a reference made to it by the Chief Justice of a High Court for any State, may with the previous consent of the President’’.

Article 231 clause (2), sub-clause (a)

was omitted.

100. The Constitution (one hundredth amendment) Act, 2015

This act had NOT been passed at the time of writing.

Earlier developments

Press Trust of India | May 11, 2015

When a bill to allow the operationalisation of the 1974 India-Bangladesh Land Boundary agreement was introduced, it was numbered as the 119th Constitution Amendment Bill. When it was passed, it became the Constitution 100th Amendment Bill as several constitution amendment bills are introduced but the number of those which clear Parliament is less.

The official amendment was carried out in the short title of the legislation. But due to an oversight, the same amendment could not be carried out in the schedules of the bill.

Therefore, the Parliament had to go through the process of passing a bill on the India-Bangladesh Land Boundary Agreement as the earlier version approved by the two Houses had some drafting errors, perhaps the first such faux pas in a Constitutional amendment bill.

The bill sought to settle India's 41-year-old border issue with Bangladesh and to help operationalise and ratify the Land Boundary Agreement that provided for exchange of territories.

India gets 510 acres while Bangladesh gets 10,000 acres. The measure, apart from demarcating the boundaries, would also help checking illegal immigration.

See also

The Constitution of India (articles about) <> The Constitution of India: Amendments<> The Constitution of India: Amendments 1-25<> The Constitution of India: Amendments 26-50<> The Constitution of India: Amendments 51-75<> The Constitution of India: Amendments 76-100

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