#1Union & Its Territory - II Complete Course on Polity for CDS/AFCAT/CAPF Divya Gupta Lesson 9 Dec 2, 2021#2India UNION & ITS TERRITORY#3Union and its Territory . • Articles 1 to 4 under Part-I of the Constitution deal with the Union and its territory. N ASTA DELHI JAIPUR NEPAL india-L KOLKATA MYSORE P BHUBANESHWARK INDIAN#4Parts Subject Matter Articles Covered | The Union and its territory 1 to 4 Il Citizenship 5 to 11 III Fundamental Rights 12 to 35 IV Directive Principles of State Policy 36 to 51 (deleted) IV-A Fundamental Duties 51-A VIII V The Union Government 52 to 151 The Union Territories IX The Panchayats Chapter III - The State Legislature Chapter IV - Legislative Powers of Governor Chapter V - The High Courts. Chapter VI - Subordinate Courts VII The States in Part B of the First Schedule 168 to 212 213 214 to 232 233 to 237 238 (deleted) 239 to 242 Chapter I - The Executive 52 to 78 Chapter II - Parliament 79 to 122 IX-A The Municipalities Chapter III - Legislative Powers of President 123 243 to 243- 0 243-P to 243-ZG IX-B The Co-operative Societies Chapter IV - The Union Judiciary 124 to 147 243-ZH to 243-ZT Chapter V - Comptroller and Auditor- 148 to 151 X × The Scheduled and Tribal Areas 244 to 244- General of India A VI The State Governments 152 to 237 XI Relations between the Union and the States 245 to 263 Chapter I - General Chapter II - The Executive 152 153 to 167 Chapter I - Legislative Relations Chapter II - Administrative Relations 245 to 255 256 to 263#5>wnload from eamstime.com UNION OF STATES 1 Article 1 describes India, that is, Bharat as a 'Union of States' rather than a 'Federation of States'. • Constituent Assembly had to adopt a mix of both ('India, that is, Bharat')#6• According to Dr. B.R. Ambedkar, the phrase 'Union of States' has been preferred to 'Federation of States' for two reasons: • one, the Indian Federation is not the result of an agreement among the states like the American Federation; and two, the states have no right to secede from the federation. • The federation is an Union because it is indestructible. • The country is an integral whole and divided into different states only for the convenience of administration#7Article 1, the territory of India can be classified into three categories: 1. Territories of the states 2. Union territories 3. Territories that may be acquired by the Government of India at any time#8• The names of states and union territories and their territorial extent are mentioned in the first schedule of the Constitution 'Territory of India' > 'Union of India'??? • because the latter includes only states while the former includes not only the states, but also union territories and territories that may be acquired by the Government of India at any future time. • The states are the members -distribution of powers with the Centre. • The union territories and the acquired territories - directly administered by the Central government.#9scan.in Being a sovereign state, India can acquire foreign territories according to the modes recognised by international law, i.e., ⚫ cession (following treaty, purchase, gift, lease or plebiscite), • occupation (hitherto unoccupied by a recognised ruler), ⚫ conquest or subjugation.#10India acquired several foreign territories such as • Dadra and Nagar Haveli; O Goa, Daman and Diu; Puducherry; • and Sikkim since the commencement of the Constitution.#11в • Article 2 grants two powers to the Parliament: (a) the power to admit into the Union of India new states; Parliament has admitted by using this power, for example, the French settlements of Pondicherry, Karaikal, etc. sikkim was admitted and (b) the power to establish new states.#12• The first refers to the admission of states which are already in existence, while the second refers to the establishment of states which were not in existence before. • Notably, Article 2 relates to the admission or establishment of new states that are not part of the Union of India.#13• Article 3 Relates to the formation of or changes in the existing states of the Union of India. In other words, Article 3 deals with the internal re- adjustment inter se of the territories of the constituent states of the Union of India. 3#14Authorises the Parliament to: Form form a new state by separation of territory from any state or by uniting two or more states or parts of states or by uniting any territory to a part of any state; Increase increase the area of any state; Diminish diminish the area of any state; Alter alter the boundaries of any state; and Alter alter the name of any state.#15However, Article 3 lays down two conditions in this regard: • one, a bill contemplating the above changes can be introduced in the Parliament only with the prior recommendation of the President; and two, before recommending the bill, the President has to refer the same to the state legislature concerned for expressing its views within a specified period. (NOT BINDING#16Further, the power of Parliament to form new states includes the power to form a new state or union territory by uniting a part of any state or union territory to any other state or union territory(18th amendment, 1966) The President (or Parliament) is not bound by the views of the state legislature and may either accept or reject them, even if the views are received in time. Further, it is not necessary to make a fresh reference to the state legislature every time an amendment to the bill is moved and accepted in Parliament#17• In case of a union territory, no reference need be made to the concerned legislature to ascertain its views and the Parliament can itself take any action as it deems fit. • Parliament can redraw the political map of India according to its will. Hence, the territorial integrity or continued existence of any state is not guaranteed by the Constitution. Therefore, India is rightly described as an indestructible union of destructible states'. • The Union Government can destroy the states whereas the state governments cannot destroy the Union.#18In USA, on the other hand, the territorial integrity or continued existence of a state is guaranteed by the Constitution. • The American Federal Government cannot form new states or alter the borders of existing states without the consent of the states concerned. • That is why the USA is described as 'an indestructible union of indestructible states. MONTANA DAHO UNITED STATES OF AM NORTH DAKOTA SOUTH DAKOTA NEBRASKA LOWA AH COLORADO KANSAS NEW KLAHOMA MEXICO LOUI SIAE NA GAN TENNES Mississip Ona ORGIA#19• Moreover, the Constitution (Article 4) itself declares that laws made for admission or establishment of new states (under Article 2) and formation of new states and alteration of areas, boundaries or names of existing states (under Articles 3) are not to be considered as amendments of the Constitution under Article 368. • This means that such laws can be passed by a simple majority and by the ordinary legislative process.#20Does the power of Parliament to diminish the areas of a state (under Article 3) include also the power to cede Indian territory to a foreign country? • The decision of the Central Government to cede part of a territory known as Berubari Union (West Bengal) to Pakistan led to political agitation and controversy and thereby necessitated the Presidential reference. • The Supreme Court held that the power of Parliament to diminish the area of a state (under Article 3) does not cover cession of Indian territory to a foreign country. • Hence, Indian territory can be ceded to a foreign state only by amending the Constitution under Article 368.#21BANGLADESH India ASIA Nehru-Noon Agreement of 1958 Myanmar Consequently, the 9th Constitutional Amendment Act (1960) was enacted to transfer the said territory to Pakistan#22MAN • On the other hand, the Supreme Court in 1969 ruled that, settlement of a boundary dispute between India and another country does not require a constitutional amendment. • It can be done by executive action as it does not involve cession of Indian territory to a foreign country.#23EXCHANGE OF TERRITORIES WITH BANGLADESH • The 100th Constitutional Amendment Act (2015) was enacted to give effect to the acquiring of certain territories by India and transfer of certain other territories to Bangladesh in pursuance of the agreement and its protocol entered into between the Governments of India and Bangladesh#24• Under this deal, India transferred 111 enclaves to Bangladesh, while Bangladesh transferred 51 enclaves to India. • In addition, the deal also involved the transfer of adverse possessions and the demarcation of a 6.1 km undemarcated border stretch. • For these three purposes, the amendment modified the provisions relating to the territories of four states (Assam, West Bengal, Meghalaya and Tripura) in the First Schedule of the Constitution.#25EVOLUTION OF STATES AND UNION TERRITORIES Integration of Princely States British provinces (under the direct rule of British government) Princely states (under the rule of native princes but subject to the paramountcy of the British Crown).#26• The Indian Independence Act (1947) created two independent and separate dominions of India and Pakistan and gave three options to the princely states viz., • joining India, ⚫ joining Pakistan • ⚫ or remaining independent.#27คงค • Of the 552 princely states situated within the geographical boundaries of India, 549 joined India and the remaining 3 (Hyderabad, Junagarh and Kashmir) refused to join India.#28However, in course of time, they were also integrated with India- • Hyderabad by means of police action, Junagarh by means of referendum Kashmir by the Instrument of Accession.#29States in Part A States in Part B States in Part C Territories in Part D 1. Assam 1. Hyderabad 1. Ajmer 1. Andaman and Nicobar Islands 2. Bihar 2. Jammu 2. Bhopal and Kashmir 3. Bombay 3. Madhya Bharat 3. Bilaspur 4. Madhya Pradesh 5. Madras 4. Mysore 6. Orissa 7. Punjab 4. Cooch- Behar 5. Patiala 5. Coorg and East Punjab 6. Rajasthan 6. Delhi 7. Saurashtra 7. Himachal Pradesh In all, they numbered 29. A - erstwhile governor's provinces of British India. B -nine erstwhile princely states with legislatures. C erstwhile chief commissioner's provinces of British India and some of the erstwhile princely states. centrally administered. 8. United Provinces 9. West Bengal 8. Travancore- Cochin 8. Kutch 9. Vindhya Pradesh 9. Manipur 10. Tripura#30Dhar Commission (1948) -administrative convenience rather than linguistic factor -led to resentment JVP Committee(1948-49) -Jawaharlal Nehru, Vallahbhai Patel and Pattabhi Sitaramayya -formally rejected language as the basis for reorganisation of states. Fazl Ali Commission (1953-55) -K.M. Panikkar and H.N. Kunzru. -broadly accepted language as the basis of reorganisation of states. -But, it rejected the theory of 'one language-one state' - Unity of India should be regarded as the primary consideration in any redrawing of the country's political units.#31(a) Preservation and strengthening of the unity and security of the country. (b) Linguistic and cultural homogeneity. (c) Financial, economic and administrative considerations. (d) Planning and promotion of the welfare of the people in each state as well as of the nation as a whole. • The commission suggested the abolition of the four-fold classification of states and territories under the original Constitution#32• However, in October, 1953, the Government of India was forced to create the first linguistic state, known as Andhra state, by separating the Telugu speaking areas from the Madras state. This followed a prolonged popular agitation and the death of Potti Sriramulu, a Congress person of standing, after a 56-day hunger strike for the cause.#33• The commission suggested the abolition of the four-fold classification of states and territories under the original Constitution and creation of 16 states and 3 centrally administered territories. • The Government of India accepted these recommendations with certain minor modifications. • By the), States Reorganisation Act (1956) and the 7th Constitutional Amendment Act (1956 the distinction between Part A and Part B states was done away with and Part C states were abolished. • As a result, 14 states and 6 union territories were created on November 1, 1956.#34States 1. Andra Pradesh 2. Assam 3. Bihar 4. Bombay 5. Jammu and Kashmir 6. Kerala 7. Madhya Pradesh Union Territories 1. Andaman and Nicobar Islands 2. Delhi 3. Himachal Pradesh 4. Laccadive, Minicoy and Amindivi Islands 5. Manipur 6. Tripura 8. Madras 9. Mysore 10. Orissa 11. Punjab 12. Rajasthan 13. Uttar Pradesh 14. West Bengal#35The States Reorganization Act, 1956 came into effect on November 1 REORGANISING INDIA Changed the boundaries of India's states, organising them along linguistic lines Andhra Pradesh, Kerala & Madhya Pradesh were formed AFGHANISTAN PUNTAB BALUCHISTAN KARACHI Single most extensive change SIND in state boundaries since India's independence KASHMIR NE PROVINCES UNITED RAJPUTANA IUTAN BENGAL BIHAR CENTRAL PROVINCES HYDRABAD ASSAM CALCUTT BURMA MYSORE MADRAS ANDAMAN ISLANDS NF newsflicks visual news on your mobile SMS NF to 52424 FOR FREE APP DOWNLOAD Himachal Pradesh, Andaman & Nicobar Islands, Delhi, Laccadive, Minicoy & Amindivi Islands, Manipur, & Tripura-Union Territories were created#36New States and Union Territories Created After 1956 Maharashtra and Gujarat In 1960-Maharashtra for Marathi speaking people and Gujarat for Gujarati speaking people The Portuguese ruled this territory until its liberation in 1954. Dadra and ⚫Union territory of India by the 10th Constitutional Amendment Act, 1961. Nagar Haveli Goa, Daman and Diu India acquired these three territories from the Portuguese by means of a police action in 1961. Union territory by the 12th Constitutional Amendment Act, 1962. Later, in 1987, Goa was conferred a statehood. Daman and Diu was made a separate union territory.#37Puducherry • 1954 - ACQUIRED TERRITORY • 1962 -union territory by the 14th Constitutional Amendment Act . The territory of Puducherry comprises the former French establishments in India known as Puducherry, Karaikal, Mahe and Yanam. The French handed over this territory to India in 1954. Subsequently, it was administered as an 'acquired territory', till 1962 when it was made a union territory by the 14th Constitutional Amendment Act.#38Nagaland • In 1963, the State of Nagaland was formed • Before giving Nagaland the status of the 16th state of the Indian Union, it was placed under the control of governor of Assam in 1961. Haryana, Chandigarh • In 1966, the State of Punjab was bifurcated to create Haryana, the 17th state of the Indian Union, and the union territory of Chandigarh. Himachal Pradesh • In 1971, the union territory of elevated to the status of a state (18th state of the Indian Union).#39• On the recommendation of the Shah Commission (1966), the Punjabi-speaking areas were constituted into the unilingual state of Punjab, the Hindi-speaking areas were constituted into the State of Haryana and the hill areas were merged with the adjoining union territory of Himachal Pradesh#40Manipur, Tripura and Meghalaya • In 1972 -two union territories of Manipur and Tripura and the sub- state of Meghalaya got statehood and the two union territories of Mizoram and Arunachal Pradesh (originally known as North-East Frontier Agency-NEFA) came into being. • (Manipur 19th, Tripura 20th and Meghalaya 21st). • The union territories of Mizoram and Arunachal Pradesh were also formed out of the territories of Assam.#41Sikkim • Till 1947, Sikkim was an Indian princely state ruled by Chogyal. • In 1947, after the lapse of British paramountcy, Sikkim became a 'protectorate' of India, whereby the Indian Government assumed responsibility for the defence, external affairs and communications of Sikkim. • In 1974, Sikkim expressed its desire for greater association with India. • Accordingly, the 35th Constitutional Amendment Act (1974) was . enacted by the parliament. This amendment introduced a new class of statehood under the constitution by conferring on Sikkim the status of an 'associate state' of the Indian Union. • For this purpose, a new Article 2-A and a new schedule (10th Schedule containing the terms and conditions of association) were inserted in the Constitution.#42Sikkim • This experiment, however, did not last long as it could not fully satisfy the aspirations of the people of Sikkim. • In a referendum held in 1975, they voted for the abolition of the institution of Chogyal and Sikkim becoming an integral part of India. • Consequently, the 36th Constitutional Amendment Act (1975) was enacted to make Sikkim a full-fledged state of the Indian Union (the 22nd state). • This amendment amended the First and the Fourth Schedules to the Constitution and added a new Article 371-F to provide for certain special provisions with respect to the administration of Sikkim. • It also repealed Article 2-A and the 10th Schedule that were added by the 35th Amendment Act of 1974#43PROTECTORATE STATE (1947-1974) - ASSOCIATE STAE - 35th amendment, 1974 (article 2A - REPEALED) 36th Constitutional Amendment Act (1975) was enacted to makeSikkim a full-fledged state of the Indian Union (the 22nd state). Sikkim • Article 371-F Mizoram, Arunachal Pradesh and Goa In 1987, three new States of Mizoram, Arunachal Pradesh and Goa Chhattisgarh, Uttarakhand and Jharkhand In 2000, three more new States of Chhattisgarh, Uttarakhand and Jharkhand were created out of the territories of Madhya Pradesh, Uttar Pradesh and Bihar, respectively. •These became the 26th, 27th and 28th states of the Indian Union, respectively.#44Telangana • In 2014, the new state of Telangana came into existence as the 29th state of the Indian Union. • It was carved out of the territories of Andhra Pradesh Jammu & Kashmir and Ladakh • In 2019, this special status was abolished by a presidential order known as "The Constitution (Application to Jammu and Kashmir) Order, 2019". • This order superseded the earlier order known as "The Constitution (Application to Jammu and Kashmir) Order, 1954". Further, the Jammu and Kashmir Reorganisation Act, 2019, bifurcated the erstwhile State of Jammu and Kashmir into two separate union territories, namely, the union territory of Jammu & Kashmir and the union territory of Ladakh. • The union territory of Jammu and Kashmir comprises all the districts of the erstwhile State of Jammu and Kashmir except the Kargil and Leh districts which have gone to the union territory of Ladakh.#45CHANGE THEN 29 administrative Arunachal Pradesh UT created from Assam in 1954 All French regions become part of India UP divisions Patiala & East Punjab states 1972 Became a state in 1987 (As of 1951 Vindhya census) Assam Pradesh Sikkim Ajmer Assam Madhya Bharat Kutch Saurashtra Bombay Mysore Nagaland 1963 Meghalaya 1972 Manipur MP Tripura Mizoram 1987 Hyderabad Madras 1956 State Reorganization Act takes effect. 14 states and 6 union territories formed on linguistic lines 1966 | Punjab split into a smaller Punjab state, a new Haryana state and Chandigarh UT Coorg Travancore- 1951 Cochin#46Chart 1 The early years (1947-1956) 1947 British India during Partition British territories Princely states Tribal areas of Assam 1950 Other colonial territories Republic of India Nearly all the princely states inside the current boundaries of India had acceded to the Indian dominion Part A states Part B states Part C states 1956 Other colonial territories/protectorates India after linguistic reorganization States marked in yellow have had the same boundaries since then. By this time, with the exception of Goa, Pondicherry and Sikkim, most of the external boundaries of India were established. The rulers of Junagadh had tried acceding to Pakistan, but later had unanimously chosen India in a plebiscite. At the time of independence, both Kashmir and Hyderabad had declared that they did not want to be a part of India. Manipur and Tripura had joined the Indian Union in 1948-49 The boundaries of four territories- Orissa, Mizoram, Tripura, and Andaman and Nicobar Islands- remain the same till date. Part A: Former British provinces ruled by an elected governor and state legislature Part B: Former princely states governed by a Rajpramukh, who was appointed by the President. Part C: States governed by a commissioner appointed by the President. The States Reorganization Committee had recommended that Bombay should remain a bilingual state That union did not last long. Andaman and Nicobar Islands, Lakshadweep, Delhi, Manipur, and Tripura were classified as Union territories#47Chart 2 Linguistic reorganization continues right after 1956 SRC (1956-1966) 1957 Naga Hill Tuensang Area was carved out of Assam as UT 1960 Assam Naga Hill Tuensang Area Gujarat and Maharashtra were carved out of Bombay Gujarat Maharashtra 1961 Goa joined the Indian Union and with it, European colonialism came to an end on the subcontinent 1962 Pondicherry officially became a part of the Union 0000 1963 Nagaland was granted statehood 1 1966 Punjab, Haryana, UTS Himachal Pradesh and Chandigarh were created Akali Dal's protests for linguistic reorganization led to the former states of East Punjab, Patiala and East Punjab States Union and Himachal Pradesh. Himachal Pradesh Punjab Chandigarh Haryana#48Chart 3 Fixing the North-East jigsaw (1971-1991) 0000 1971 UT Himachal Pradesh was granted statehood 1972 Manipur and Tripura were granted statehood. Mizoram, Meghalaya and North East Frontier Agency were carved out of Assam as UTs States UTS Assam Sikkim Meghalaya 1975 A protectorate of India until then, Sikkim joined the Indian Union after a referendum By 1975, the north-eastern region achieved its current boundaries North Eastern Frontier Agency (later renamed as Arunachal Pradesh) Manipur Mizoram Tripura Nagaland 1987 UTs Manipur and Arunachal Pradesh became states. The state of Goa, Daman and Diu was split into two: the state of Goa and UT of Daman and Diu 1991 Delhi was deemed National Capital Territory and given a legislative assembly, with power jointly shared with the central government#49Chart 4 Old faultlines make a return in new millennium (2000-Present) 2000 Uttaranchal, Jharkhand Uttaranchal and Chhattisgarh were created Following long-standing regional demands, these three states were carved out of Uttar Pradesh, Bihar and Madhya Pradesh Chhattisgarh Jharkhand Telangana 2014 Telangana attained statehood 2019 The splitting of Jammu and Kashmir This is the first time a state is being split into two UTS. Andhra Pradesh Jammu and Kashmir Ladakh Despite being within Telangana entirely, Hyderabad was made de jure capital for both states for a period of ten years.#50Chart 5 Future states? LAHDC, Kargil Ladakh Area Hill Development Council (LAHDC), Leh Bodoland Karbi Anglong North Cachar Territorial Autonomous Council Council Gorkhaland Territorial Administration Hills ADC Kutch Sadar Hills Autonomous District Council Saurashtra Vidarbha Marathwada Hyderabad Karnataka Development Boards Autonomous Councils Garo Hills ADC Jaintia Hills ADC Khasi Hills ADC Chakma ADC Lai ADC Mara ADC Tripura TAADC Source: Census of India, Mint research#51Bombay reorganization act, 1960 Formation of Gujrat State of Nagaland act, 1962: Nagaland as separated state from Assam Punjab reorganization act, 1966: Formation of Haryana New state of Himachal Pradesh act, 1970 North eastern reorganization act, 1971: Formation of Manipur, Tripura, Meghalaya, Mizoram & Union territories of Arunachal Pradesh & Mizoram New state of Sikkim act, 1975 State of Arunachal Pradesh Act, State of Mizoram act 1986: Formation of States of Mizoram & Ar. Pradesh State of Goa Act, 1987 MP reorganization act, 2000: Formation of Chhattisgarh UP reorganization act, 2000 : Formation of Uttarakhand Bihar reorganization act, 2000 : Formation of Jharkhand Andhra Pradesh reorganization act, 2014: Formation of Telangana#52Article No. Subject-matter 1. 2. 2A. 3. 4. Name and territory of the Union Admission or establishment of new states Sikkim to be associated with the Union- (Repealed) Formation of new states and alteration of areas, boundaries or names of existing states Laws made under Articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters.#53Which state was established as the 15th state of Independent India? • a. Goa • b. Mizoram ⚫ c. Gujarat • d. Nagaland#54Which state was established as the 15th state of Independent India? ⚫ a. Goa • b. Mizoram ⚫ c. Gujarat • d. Nagaland#55Who recommended formation of unilingual state of Punjab for the Punjabi speaking people? • a. Shah Commission • b. Fazl Ali Commission ⚫c. JVP Commission • d. Dhar Commission#56Who recommended formation of unilingual state of Punjab for the Punjabi speaking people? • a. Shah Commission • ⚫ b. Fazl Ali Commission ⚫c. JVP Commission • d. Dhar Commission#57Which Amendment Act made Sikkim a full-fledged state of India? • a. 36 • b. 35 • c. 34 . • d. 41#58Which Amendment Act made Sikkim a full-fledged state of India? a. 36 • b. 35 • c. 34 . • d. 41#59Which of the following are known as Linguistic Provinces Commission? •1) Fazl Ali Commission • 2) Dhar Commission • 3) JVP Committee a. 3 • b. 1, 3 • c. 2, 3 • ⚫ d. All of the above#60Which of the following are known as Linguistic Provinces Commission? •1) Fazl Ali Commission • 2) Dhar Commission • 3) JVP Committee a. 3 • b. 1, 3 • c. 2, 3 • d. All of the above#61Which of the following sentences is/are true? 1) Since formation of new states under Article 3 involves changing the First and Fourth Schedule, it needs special majority in both houses of Parliament. 2) The 10th Constitutional Amendment Act (1960) was enacted to transfer the Berubari Union to Pakistan. • a. Only 1 ⚫ b. Only 2 ⚫ c. Both 1 and 2 d. Neither 1 nor 2#62Which of the following sentences is/are true? 1) Since formation of new states under Article 3 involves changing the First and Fourth Schedule, it needs special majority in both houses of Parliament. 2) The 10th Constitutional Amendment Act (1960) was enacted to transfer the Berubari Union to Pakistan. • a. Only 1 ⚫ b. Only 2 ⚫ c. Both 1 and 2 ⚫ d. Neither 1 nor 2#63CONSTITUTION OF INDIA -20 O Aseem Nanda#64Amendment of the Constitution Indian Constitution is neither flexible nor rigid but a synthesis of both Article 368 in Part XX of the Constitution However, the Parliament cannot amend those provisions which form the 'basic structure' of the Constitution- Kesavananda Bharati case (1973). 2 Divya Gupta#65How a Constitution AMENDMENT BILL becomes an Act Introduction Either in Lok Sabha or Rajya Sabha Bill becomes an Act Discussion Voting Required: >50% members present and voting or For example: LS strength: 545 Not voting/absent. 95 Votes required: 225 Not less than ¾ members present & voting For example LS strength: 545 Votes required: 350 Counting of votes If passed Presented to the President (who is bound to give consent) T I Must be passed both by Rajya Sabha + Lok Sabha In case of a tie Presiding Officer of a house can cast his/her vote newold creative 3 May require ratification by state legislatures in some cases; source: Lok Sabha website, news reports Divya Gupta#66PROCEDURE FOR AMENDMENT 1. An amendment of the Constitution can be initiated only by the introduction of a bill for the purpose in either House of Parliament and not in the state legislatures 2. The bill can be introduced either by a minister or by a private member and does not require prior permission of the president. 3. The bill must be passed in each House by a special majority, that is, a majority (that is, more than 50 per cent) of the total membership of the House and a majority of two-thirds of the members of the House present and voting Divya Gupta 4#67i) Not less than 2/3 of the Members present and voting. ii) Majority of the Total Strength of the House. Eg. Out of 545, 450 Members are present and 300 vote in favor. Both the above conditions are satisfied - 300 is more than 2/3 of 450 and 300 is more than 1/2 of 545. Divya Gupta 5#6823RF Q123RF* Each House must pass the bill separately. In case of a disagreement between the two Houses, there is no provision for holding a joint sitting Divya Gupta 6#695. If the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by the legislatures of half of the states by a simple majority, that is, a majority of the members of the House present and voting. M 50% off Divya Gupta#706. After duly passed by both the Houses of Parliament and ratified by the state legislatures, where necessary, the bill is presented to the president for assent 7. The president must give his assent to the bill. He can neither withhold his assent to the bill nor return the bill for reconsideration of the Parliament. (24th CAA - 1971) Divya Gupta 8#718. After the president's assent, the bill becomes an Act (i.e., a constitutional amendment act) and the Constitution stands amended in accordance with the terms of the Act Divya Gupta 6#72TYPES OF AMENDMENTS Article 368 provides for two types of amendments, that is, by a special majority of Parliament and also through the ratification of half of the states by a simple majority. But, some other articles provide for the amendment of certain provisions of the Constitution by a simple majority of Parliament, that is, a majority of the members of each House present and voting (similar to the ordinary legislative process). Notably, these amendments are not deemed to be amendments of the Constitution for the purposes of Article 368. Divya Gupta 10#73Therefore, the Constitution can be amended in three ways: 自 (a) Amendment by simple majority of the Parliament, (b) Amendment by special majority of the Parliament, and Divya Gupta (c) Amendment by special majority of the Parliament and the ratification of half of the state legislatures. 11#74NO Not under Article 368 Passed By Simple Majority Amendments to Constitution Types - Whether it comes under Article 368 or not YES Under Article 368 Passed By Passed By Special Majority Passed by Special Majority Ratification of the Half of the State Legislatures by Simple Majority Divya Gupta 12#75Introduction of Bill in Parliament Passing of the Bill with simple or special majority Judicial Approval of President of Review of the India Constitutional Amendment Divya Gupta 13#761. Admission or establishment of new states. By Simple Majority of Parliament 2. Formation of new states and alteration of areas, boundaries or names of existing states. 3. Abolition or creation of legislative councils in states. B 4. Second Schedule-emoluments, allowances, privileges and so on of the president, the governors, the Speakers, judges, etc Divya Gupta 14#775. Quorum in Parliament. 6. Salaries and allowances of the members of Parliament. 7. Rules of procedure in Parliament. 8. Privileges of the Parliament, its members and its committees. 9. Use of English language in Parliament. 10. Number of puisne judges in the Supreme Court. Divya Gupta 15#7811. Conferment of more jurisdiction on the Supreme Court. 12. Use of official language. 13. Citizenship—acquisition and termination. 14. Elections to Parliament and state legislatures. 15. Delimitation of constituencies. 16. Union territories. 17. Fifth Schedule-administration of scheduled areas and scheduled tribes. 18. Sixth Schedule-administration of tribal areas. Divya Gupta 16#79By Special Majority of Parliament i) Fundamental Rights; (ii) Directive Principles of State Policy; and (iii) All other provisions which are not covered by the first and third categories. Divya Gupta 17#80By Special Majority of Parliament and Consent of States 1. Election of the President and its manner. 2. Extent of the executive power of the Union and the states. 3. Supreme Court and high courts. 4. Distribution of legislative powers between the Union and the states. 5. Goods and Services Tax Council 101st Amendment Act of 2016. This is related to Article 279-A. 6. Any of the lists in the Seventh Schedule. 7. Representation of states in Parliament. 8. Power of Parliament to amend the Constitution and its procedure (Article 368 itself). Divya Gupta 18#81MAJOR AMENDMENTS 1951: The 1st Amendment places reasonable curbs on free speech and created the 9th Schedule that protects laws from judicial scrutiny. In 2007, the SC ruled that if those laws violated the basic tenets of the Constitution then they can be struck down. 1956: The 7th Amendment paves the way for 1961: After the 12th Amendment, the former Portuguese colonies of Goa, Daman and Diu becomes part of India. In 1975, the 35th and 36th Amendments made Sikkim a part of the Indian union. 1971: The 26th Amendment sees the abolition of privy-purse paid to former rulers of princely states. 1975: The 39th Amendment negates the judgment of Allahabad High Court invalidating then PM Indira reorganisation of states along Gandhi's election to linguistics lines. 1960: The 8th Amendment extends the period of reservation of seats for SCs, STs and Anglo-Indians in Lok Sabha and state assemblies till 1970. Since then, it has been extended every decade. In 2006, the 93rd Amendment allows 27% quota for OBCs in govt and private educational institutions. parliament, which partly prompted the declaration of Emergency. 1976: The 42nd Amendment passed during Emergency curbs fundamental rights, imposes some fundamental duties and also adds the words 'secular' and 'socialist' to the Preamble 1977-78: The 43rd and 44th Amendments restore civil Divya Gupta liberties post-Emergency and remove the Right to Property from Fundamental Rights. 1985: The 52nd Amendment allows disqualification of lawmakers in case of defection from one party to another. 1988: The 61st Amendment lowers the voting age from 21 to 18. 1992: The 73rd and 74th Amendments provide for direct election in Panchayats and urban local bodies. 2002: The 86th Amendment provides for Right to Education till the age of 14 and early childhood care till the age of six. 2014: The 99th Amendment creates the National Judicial Appointment Commission. SC strikes it down in 2015. 19#8210 IMPORTANT CONSTITUTIONAL AMENDMENTS Amendment No Year What it changed 1 1951 24 1971 39 1975 42 1976 44 1978 61 1988 86 2002 93 2005 99 2014 101 2016 Introduced the Ninth Schedule to the Constitu- tion to protect land acquisition laws and limited judicial review of Supreme Court. Clarified that the Parliament can amend any part of the Constitution including fundamental rights. Excluded the elections and appointments of Prime Minister, Speaker, President from the scrutiny of high courts and Supreme Court. Called the mini constitution, this inserted 'Social- ism' & 'Securalism' in the Preamble, provision on fundamental duties, created provisions for tribunals & limited powers of judicial review of high courts and Supreme Court. Included checks for invoking Emergency provi- sions, protected fundamental right to life, liberty. press freedom. Right to property ceased to be a fundamental right. Reduced the age of voting in elections to 18 years from 21 years. Free and compulsory education for children between 6 & 14 years became a fundamental right and government's responsibility Allowed the govt to pass laws to give reserva- tions to socially, economically backward classes, scheduled castes & scheduled tribes in public & private higher educational institutions Amended the method of appointing judges to the Supreme Court and high courts by way of a six-member panel. The SC struck it down in 2015 for violating the Constitution Introduced the Goods and Services Tax, to bring in the idea of One Nation, One Tax Divya Gupta 20 Source: Mint research#83102nd Amendment Act, 2018 Constitutional Status was granted to National Commission for Backward Classes 9NCBC) 103rd Amendment Act, 2019 A maximum of 10% Reservation for Economically Weaker Sections of citizens of classes other than the classes mentioned in clauses (4) and (5) of Article 15, i.e. Classes other than socially and educationally backward classes of citizens or the Scheduled Castes and the Scheduled Tribes. IAS Exam aspirants might want to learn about EWS Criteria for UPSC which they can check in the linked article. 104th Amendment Act, 2020 Extended the reservation of seats for SCs and STs in the Lok Sabha and states assemblies from Seventy years to Eighty. Removed the reserved seats for the Anglo-Indian community in the Lok Sabha and state assemblies. Divya Gupta 21#84President Gives Assent To 105th Constitutional Amendment To Restore States' Power To Identify SEBCS ⚫ The Constitution (One hundredth and twenty-seventh amendment) Bill 2021 was passed by the Parliament on 11th August, 2021 The Bill amends the Constitution to allow states and union territories to prepare their own list of socially and educationally backward classes. Divya Gupta 22#85The Constitution (One Hundred and Second Amendment) Act, 2018 gave constitutional status to the NCBC, and empowered the President to notify the list of socially and educationally backward classes for any state or union territory for all purposes. The 2021 Bill amends this to provide that the President may notify the list of socially and educationally backward classes only for purposes of the central government. This central list will be prepared and maintained by the central government. Further, the Bill enables states and union territories to prepare their own list of socially and educationally backward classes. This list must be made by law, and may differ from the central list. Divya Gupta 23#86• • Article 338B of the Constitution mandates the central and state governments to consult the NCBC on all major policy matters affecting the socially and educationally backward classes. The Bill exempts states and union territories from this requirement for matters related to preparation of their list of socially and educationally backward classes. Divya Gupta 24#87Through the 102nd Constitution Amendment, Parliament created a National Backward Classes Commission, vesting it with the power to be consulted by the Centre as well as the States in all matters concerning the 'socially and educationally backward classes' (SEBCs). Divya Gupta 25#88The Amendment Bill amends Articles 342 A (clauses 1 and 2) and will introduce a new clause - 342 A (3) specifically authorising states to maintain their state list. The states will thus be able to directly notify SEBCS without having to refer to the National Commission for Backward Classes (NCBC). Divya Gupta 26#89• The Constitution does not • prescribe the time frame within which the state legislatures should ratify or reject an amendment submitted to them. Also, it is silent on the issue whether the states can withdraw their approval after according the same. RITIQUE T Divya Gupta#90The power to initiate an amendment to the Constitution lies with the Parliament. Hence, unlike in USA, the state legislatures cannot initiate any bill or proposal for amending the Constitution except in one case, that is, passing a resolution requesting the Parliament for the creation or abolition of legislative councils in the states. Here also, the Parliament can either approve or disapprove such a resolution or may not take any action on it. Divya Gupta 28#915. There is no provision for holding a joint sitting 6. The process of amendment is similar to that of a legislative process Divya Gupta 29#92• . The procedure is not so flexible as to allow the ruling parties to change it according to their whims. Nor is it so rigid as to be incapable of adopting itself to the changing needs. KC Wheare, 'strikes a good balance between flexibility and rigidity Divya Gupta 30#93Which article of Indian constitution deals with constitutional amendments? (a) Article 332 (b) Article 386 (c) Article 368 (d) None of the above Divya Gupta 31#94Which article of Indian constitution deals with constitutional amendments? (a) Article 332 (b) Article 386 (c) Article 368 (d) None of the above Divya Gupta 32#952. Consider the following statement. 1) An Amendment Bill can be introduced by a private member (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, it shall assent by the president. 4) An Amendment Bill can be initiated by state only if there state assembly have 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 Divya Gupta 33#962. Consider the following statement. 1) An Amendment Bill can be introduced by a private member (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, it shall assent by the president. 4) An Amendment Bill can be initiated by state only if there state assembly have 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 34 Divya Gupta#97Consider the following statements about the constitution amendment: 1. One category of amendments are those which can be made by the parliament by the prescribed 'special majority'. 2 The second category of amendments require ratification by at least two - third 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 35 Divya Gupta#98Consider the following statements about the constitution amendment: 1. One category of amendments are those which can be made by the parliament by the prescribed 'special majority'. 2 The second category of amendments require ratification by at least two - third 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 Divya Gupta 36#99Thank You By: Assistant Commandant Divya Gupta