Constitution 95th Amendment Bill 2003
The Constitution 95th amendment bill was passed and came into
effect as Constitution (88th Amendment Act 2003 to place
"Service Tax " formally under Union List.
In the Seventh Schedule to the Constitution, under Article 246, the
item relating to "taxes on services" was not specifically mentioned
in any entry either in the Union List or in the State List. At the
same time Entry 97 of the Union List empowers the Union
Government to Make laws in respect of any other law which is not
enumerated in list II (State List ) and List III (Concurrent list),
including any tax which has not been mentioned in Union List or
the State List. Since "Taxes on Services" is not there in either of
the lists, the central government kept levying the service tax
exercising the powers under Entry 97 of the union List. ''
To place the Service Tax formally, The Constitution 95th
Amendment Act was passed in Lok Sabha on May 7, 2003. This
amendment act has inserted article 268A and amended article 270.
It inserted in the Union List Item 92 C 'taxes on services"
Constitution (96th Amendment) Bill, 2003
Constitution (96th amendment )Bill was passed by Lok Sabha on
May 6, 2003 & Rajya Sabha on August 5, 2003. This act updates
delimitation against the very latest count of the population.
Background: The 42nd amendment of the Constitution had
imposed a freeze on the delimitation of the constituencies. 42nd
amendment also provided that until the relevant figures for the first
census taken after the year 2000 have been published, it shall not
be necessary to readjust the allocation of seats in the House of the
People to the States and the division of each State into territorial
constituencies under this article.".
In this context, Constitution 84th amendment act 2001 (It came
into force on 21-02-2002 ) lifted the freeze on delimitation of the
constituencies imposed by the 42nd amendment act and allowed
delimitation within the states on the basis of 1991 census.
However, readjustment of seats on Lok Sabha & Rajya Sabha was
frozen up to 2026.
Pursuant to Constitution 84th amendment act 2001, the
delimitation act 2002 was also passed. This paved the way for
constitution of Delimitation Commission on July 12, 2002. Justice
Kuldip Singh, a retired Judge of Supreme court was appointed its
chairman and one member of election commission and state
election commissioners as its ex-officio members.
In June 2003, Parliament Passed the Constitution (87th amendment
act) 2003. This amendment provided that the delimitation of the
assembly and parliamentary seats should be done on the basis of
2001 census figures. This decision made the Delimitation
Commission to start work afresh.
Meanwhile in March 2004, the Lok Sabha got dissolved and fresh
elections were held for 14th Lok Sabha. During the same period
Guwahati High Court stated the delimitation exercise in respect
with Arunachal Pradesh, Assam, Nagaland and Manipur. The court
took this decision on the basis of dispute in census figures.
Thus we can understand that the main task of the Delimitation
Commission set up, under the Delimitation Bill 2002, pursuant to
the 84th Amendment, is to re-adjust the territorial constituencies in
the House of the People with regard to the seats allocated to each
state and the re-adjustment of the territorial constituencies of the
Legislative Assembly of each state.
In other words, the rationalization of the constituencies, including
re-fixing of the number of seats reserved for the Scheduled Castes
and Scheduled Tribes, was earlier to be done on the basis of the
1991 Census and after 84th amendment on the basis of 2001
Census. But within the overall number of seats allocated to each
state for Parliament and within the state for its Assembly as frozen
at the 1971 levels. The 96th Constitutional Amendment is a
progressive step that updates delimitation against the very latest
count of the population.
Constitution (97th Amendment) Bill
The Constitution (97th Amendment) is also known as an
amendment to Anti-Defection Law.
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Background: Defection which literally means (withdrawing
support or help despite allegiance or responsibility) leads to
political instability. The Constitution (52nd Amendment) Act 1985
was passed to curb the menace of defection and clip the wings of
“Aya Ram, Gaya Ram” (political word for describing the practice
of floor-crossing by members).
This amendment added the Tenth Schedule to the constitution
which contained the provisions regarding the disqualification of
members of the parliament or state legislatures in the event of
defection. In other words Tenth Schedule, also known as the Anti-
Defection Act was included in the Constitution in 1985 by the
Rajiv Gandhi ministry and sets the provisions for disqualification
of elected members on the grounds of defection to another political
party.
Further Constitution (Ninety First Amendment) act of 2003
brought certain changes in the 1985 Anti-defection Law. This
amendment deleted paragraph 3 of the Tenth Schedule. Deleting
this paragraph allowed one-third of the legislature party to split
without attracting provisions of the existing ant defection law. The
Constitution (Ninety First Amendment) debarred the defectors
from holding any public office as a minister or any other
remunerative post till the end of the current term or till fresh
elections are hold.
At the same time, the Constitution (Ninety First Amendment) 2003
also sought to check defection by restricting the size of Council of
Ministers 15% of the Lok Sabha & Assembly members.
Due the these developments, it is not possible for handful members
to split and create new parties. If any member splits, he disqualifies
the membership and seek fresh election.
Further, there was one more amendment to Anti Defection Law in
the form of Constitution (97th Amendment) Act. The 97th
amendment bill sought to reduce the size of the ministerial council
to 10% of the members. In other words, after this amendment, the
size of the Council of Ministers cannot be more than 10 per cent of
respective strengths of Parliament and State legislatures.
This amendment was carried out during NDA Government's
regime and based upon recommendations made by Dinesh
Goswami Committee, Law Commission of India and the National
Commission to Review the Working of the Constitution
(NCRWC).
Constitution 98th Amendment Bill
The Constitution 98th amendment Bill sought to constitute a
National Judicial Commission. The bill propsed to include a
Chapter IV-A in Part V of the Constitution which shall be in
charge of appointing judges to the higher judiciary and for
transferring High Court Judges. The bill also sought to empower
the National Judicial Commission to draw up a code of ethics for
judges, inquire into the cases of misconduct or deviant actions of a
judge other than those that are punishable with his or her removal,
and advise the chief justice of India or chief justice of High Courts
appropriately after such enquiry.
Current status: Lapsed
Constitution 99th Amendment Bill
The constitution (99th amendment) Bill sought to protect the rights
of the non-tribals in the newly elected Bodo Territorial Council
(BTC) by keeping intact the existing representation of the
scheduled tribes and nonscheduled tribes in the Assam legislative
assembly from the Bodoland territorial Council Areas district. This
amendment bill came in effect as constitution 90th Amendment act
2003.
Constitution 100th Amendment Bill
The Constitution (100th) amendment Bill sought to insert Bodo,
Dogri, Maithili and Santhali in the 8th schedule of the constitution.
This act was passed and came into force as Constitution (92nd
Amendment) Act 2003. This act took the number of official
languages in India to 22.
Constitution (103rd Amendment) Bill, 2004
The Constitution (One Hundred and Third Amendment) Bill, 2004
along with National Commission for Minorities (Repeal) Bill, 2004
was introduced in Lok Sabha on 23.12.2004. Bills were referred to
the Department-related Parliamentary Standing Committee on
Social Justice and Empowerment. Chairperson of this committee
was Smt Sumitra Mahajan and the committee submitted its report
on February 21, 2006.
Background:
In 6 states& UTs viz. Jammu & Kashmir, Lakshadweep, Mizoram,
Meghalaya, Nagaland and Punjab, the Hindus are a minority in
contrast with the rest of the country.
The minority standard of Muslims, Sikhs, Buddhists and Parsees
who are designated as minority in India should not be applicable to
these states. For example, in Punjab Sikhs are in majority, in J& K
Muslims are in majority.
"On August 8, 2005, a Supreme Court judgment decreed that Jains
should not be treated as a minority at the national level and no
more communities should be declared as a minority at the national
level. Only the state government may declare communities as
minorities. ."
Constitution (One Hundred and Third Amendment) Bill, 2004
along with National Commission for Minorities (Repeal) Bill, 2004
was to bring an end to these anomalies. Bill proposed states as the
basic unit to judge which community is a minority in which state.
Some features:
The National Commission for Minorities (Repeal) Bill, 2004
repeals the National Commission for Minorities Act, 1992. It
proposed to dissolve the National Commission for Minorities.
The Constitution (One Hundred and Third Amendment) Bill, 2004
proposed to establish a new National Commission for Minorities,
with a constitutional status, in order to inspire greater confidence
towards the effectiveness of the Commission.
The states would be asked for their view on the basis of data
available as to who is a minority. They will be consulted by the
President of India, would then notify the minorities in that state.
While the President is to consult the states, he would not be bound
to act on their advice.
Current Status: The Bill got lapsed.
Note: On May 3, 2007, the Union Cabinet approved for moving the
official amendments to the Constitution (One Hundred and Third
Amendment) Bill & National Commission for Minorities (Repeal)
Bill, 2004.
Constitution (104th Amendment) Bill, 2005
Constitution (One Hundred and Fourth Amendment) Bill was
pased 22nd December, 2005. President A. P. J. Abdul Kalam
signed it on January 20, 2006 and the 104th Constitution
Amendment Bill became the the Constitution 93rd amendment Act,
2005.
This bill has been quite famous as "Quota Bill". It adds a new
clause to Article 15 of the Constitution. This act amends the article
15 and adds clause 15(5) after Clause 15(4).
Clause(5) says:
"Nothing in this article or in sub-clause (g) of clause (1) of article
19 shall prevent the State from making any special provision,by
law, for the advancement of any socially and educationally
backward classes of citizens or for the Scheduled Castes or the
Scheduled Tribes in so far as such special provisions relate to their
admission to educational institutions including private educational
institutions, whether aided or unaided by the State, other than the
minority educational institutions referred to in clause (1) of article
30.".
Short Background:
In August 12, 2005 Supreme Court had delivered a judgement by 7
judges uninamously in case of P.A. Inamdar & Ors. vs. State of
Maharashtra & Ors..
Supreme court declared that State can't impose its reservation
policy on minority and non-minority unaided private colleges,
including professional colleges.
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The 93rd Constitutional amendment was brought (in a hurry) for
ensuring reservations to other backward classes and Scheduled
castes and Tribes in Private Educational institutions.
The move was to reverse the Supreme Court Judgement.
In April 2008, the Supreme Court of India upheld the
Government's move for initiating 27% OBC quotas in Government
funded institutions.
The Court has reiterated its prior stand that "Creamy Layer" should
be excluded from the ambit of reservation policy. The Supreme
Court avoided answering the question whether reservations can be
made in private institutions, stating that the question will be
decided only as and when a law is made making reservations in
private institutions.
In conclusion, this amendment enables the constitution to provide
for reservations for OBCs in all "educational institutions" including
private, whether aided or unaided, excepting minority educational
institutions. It brought all private institutions, whether aided or
unaided, under the purview of the Government's policies on
reservation and fee structure, it has also quietly achieved much
more than that by widening the scope of the Amendment Act to
specifically include the term "admission to educational
institutions". Article 15 of the constitution, as it was originally
framed in 1950, stated the following and did not include the term
"admission to educational institutions".
Constitution 105th Amendment Bill
The Constitution (One Hundred Fifth) Amendment Bill, 2006
sought to exclude Bihar from purview of article 164 (1) and to
extend the provision of this article to Chhattisgarh and Jharkhand.
This bill was passed and got assent of the President on June 12,
2006. The bill came in effect as Constitution (94th Amendment)
Act 2006.
Note: Article 164 (1) provides for a minister in charge of the tribal
welfare, who may in addition be in charge of the welfare of the
scheduled castes and backward classes of Bihar, Madhya Pradesh
& Orissa.
Constitution (106th Amendment) Bill, 2006
Constitution (One Hundred and Sixth Amendment) Bill, 2006 was
introduced in the Lok Sabha on May 22, 2006. It was referred to
the Department Related Standing Committee on Agriculture which
submitted its report on August 20, 2007. Chairperson of this
committee was Prof. Ram Gopal Yadav.
Background:
The Constitution (106th Amendment) Bill proposed to to insert a
new part IX B in the Constitution and adding Articles 243ZH
through 243ZT providing for incorporation, regulation and winding
up of co-operative societies.
The bill specified maximum number of Board members and the
tenure of the members.
The bill also specified for elections to be held before the expiry of
the term of the Board.
The bill specified that the Board of a co-operative society that has
government shareholding or loans can be superseded for the
maximum period of six months.
State governments can co-opt upto two nominees on the Board of a
co-operative society.
The Bill specified certain offences related to co-operative societies.
State legislatures can define the penalties related to co-operative
societies.
Note: Government of India had constituted a high powered
committee in 2005 in the chairmanship of Shri Shivajirao G. Patil
to review the achievements of the cooperatives during the last one
hundred years, identify the challenges faced by the sector and
suggest measures to address them to enable the movement to keep
pace with the changing socio-economic environment. The
committee was also asked to recommend appropriate lagislation for
the Co-operatives.
The committee reviewed the Constitution Amendment Bill (106th
Amendment Bill 2006) and recommended some more changes
including that introducing new part IXB after part IXA along with
the Panchayati Raj Institutions (PRI) and Municipalities would
imply that cooperatives are a part of governance. The committee
recommended at any other place in the constitution. Committee
also suggested that no supersession of the Board of Directors
should be allowed in any case where government share holding is
less than 51%..
In August 2008 Union Cabinet gave approval for moving certain
official amendments in the Constitution (One Hundred and Sixth
Amendment) Bill, 2006. This decision included benefits like
empowerment of cooperatives by inserting article 43B in Part-IV
of the Constitution providing for Voluntary formation, autonomous
functioning, democratic control and professional management.
Audit by independent auditors or Auditing firms out of the panel
approved by State Government or an authority authorized by the
Government in this behalf.
Free and fair elections to be conducted by an independent body.
Directors in the Cooperative Societies will also include two women
and one Scheduled Caste representatives.
Current Status: Pending
Constitution (107th Amendment) Bill, 2007
The Constitution (One Hundred and Seventh Amendment) Bill,
2007 had been introduced in Lok Sabha on November 30, 2007.
The Sixth Schedule to the Constitution (Amendment) Bill, 2007
was also introduced with the same bill.
Current Position: This bill got lapsed.
Background: These bills sought to amend the Constitution to
include Gorkha Hill Council, Darjeeling in the Sixth Schedule
What is Sixth Schedule? Sixth Schedule Articles 244 and 275
provides for the creation of autonomous District Councils in
certain tribal areas of the North-Eastern states viz.
Assam,meghalaya,tripura,mizoram. The Bill sought to form a
District Council for the hill areas of Darjeeling in West Bengal
called the Gorkha Hill Council, Darjeeling (GHC). All District
Councils have the power to make laws on a range of subjects such
as the allotment of land, use of water course, and inheritance of
property. The GHC has the power to make laws on 45 additional
subjects such as agriculture, education and transport.
The Bills were referred to the Standing Committee on Home
Affairs which submitted its report on Feb 28, 2008. Chairperson of
this committee was Sushma Swaraj. Standing Committee was
unable to verify facts on the ground. Therefore, it accepted the
views of the central and state governments and recommended that
the Bills be passed with some amendments.
Constitution (108th Amendment) Bill 2008 or Women‘s
Reservation Bill
Constitution (108th Amendment) Bill or Women’s Reservation
Bill has been the most highlighted amendment bills of recent times.
This bill was introduced in Rajya Sabha on May 6, 2008 and
passed in Rajya Sabha on March 9, 2010.
Background:
Constitution (108th Amendment) Bill 2008 seeks to reserve one-
third of all seats for women in Lok Sabha and the state legislative
assemblies. The allocation of the reserve seats to be determined by
an authority or as prescribed by the parliament. Seats may be
allotted by rotation.
The bill also seeks to reserve one-third of SC & ST seats for
women of those classes.
The bill further says that the reservation shall cease to exist in 15
years from the commencement of the act.
Constitution (109th Amendment Act) 2009
Constitution (109th Amendment Act) 2009 was passed by Rajya
Sabha on the 3rd August, 2009 & Lok Sabha on the 4th August,
2009 and ratified by the legislatures of not less than one-half of the
states, and assented to on 18 Jan., 2010.
Background: Through this amendment article 334 of the
Constitution, for the words "sixty years", the words "seventy years"
shall be substituted.
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This article has sought to extend the reservation of seats for SCs
and STs in the Lok Sabha and state assemblies by another 10 years.
The time period of 60 years under article 334 of the constitution
was to lapse on January 25, 2010 and this bill extends the
reservation beyond January 25, 2010.
Current status : Passed and this is the Latest Passed Amendment
Act
Constitution (110th Amendment) Bill, 2009
The Constitution (One Hundred and Tenth Amendment) Bill, 2009
was introduced in the Lok Sabha on November 26, 2009 by the
Minister of Panchayati Raj, Shri C.P. Joshi.
Background:
Article 243D of the Constitution provides that a minimum of one-
third of the total number of seats filled by direct elections in the
Panchayats shall be reserved for women. The seats may be allotted
by rotation to different constituencies in a Panchayat.
Offices of Chairpersons in Panchayats shall be reserved for SC/STs
and women in a manner to be prescribed the state legislatures. The
reservation shall be in proportion to the population of SC/STs in
the state. Also, a minimum of one-third seats shall be reserved for
women among the total number of offices of Chairpersons in the
Panchayats.
The Bill seeks to amend the article 243D to enhance the quantum
of reservation for women from one-third to one-half of the total
seats in the Panchayats. Similar reservation shall be provided
among the total number of offices of Chairpersons.
Current Status:
The bill is pending . The Bill was referred to the Department
related Standing Committee on Rural Development (Chairperson:
Smt Sumitra Mahajan), which has to submit its report.
Constitution (111th Amendment) Bill, 2009
The Constitution (One Hundred and Eleventh Amendment) Bill,
2009 was introduced in the Lok Sabha on November 30, 2009 by
Sh. Sharad Pawar , Minister of Agriculture, Consumer Affairs and
Public Distribution System.
Background:
•The Bill adds a new Directive Principles of State Policy stating
that the “State shall endeavour to promote voluntary formation,
autonomous functioning, democratic control and professional
management of co-operative societies.”
•It further inserts a new part IX B in the Constitution (adding
Articles 243ZH through 243ZT), which outlines certain guidelines
for running co-operative societies.
Constitution (112th Amendment) Bill
The Constitution (112 th Amendment) Bill was introduced in the
Lok Sabha on November 24, 2009 and this bill seeks to seeks to
amend many clauses of Article 243T of the Constitution, providing
for reservation of seats for Scheduled Castes and Scheduled Tribes
and also for the women in Urban local Bodies.
Current Status (Till: March 2010) :This Bill has been approved and
now has been referred to the Departmentally-related Parliamentary
Standing committee on Urban Development for examination and
report in March 2010.
Parliamentary Standing committee on Urban Development now
invites suggestions the same bill. The committee is headed by Mr.
Sharad Yadav. The memoranda containing views of the
individuals/organizations interested in the subject matter of the
Bill, and also to hear oral evidence on the subject are invited.
Background: The Constitution (112th Amendment) Bill 2009 to
provide for 50% reservation of women in Urban Local Bodies.
Through this Bill the Government of India seeks to increase the
representation of women in Urban Local Bodies (ULBs) from the
present level of one-third to 50 percent which would also include
enhancement of reservation for women upto 50 percent in seats
reserved for Scheduled Castes, Scheduled Tribes, and 50 percent
reservations for women in the posts of Chairpersons. This would
result in
increased representation of women in ULBs and is likely to yield
significant benefits in terms of higher priority to women’s issues in
critical areas of urban Governance and service delivery such as
water supply, sanitation, solid waste management, education and
health, etc.
Article 243T:
Article 243T of the Constitution provides that a minimum of one-
third of the total number of seats filled by direct elections in every
Municipality shall be reserved for women.
The seats may be allotted by rotation to different constituencies in
a Municipality.
Also, a minimum of one-third seats shall be reserved for SC/ST
women within the seats reserved for SC/STs in a Municipality.
Offices of Chairpersons in Municipality shall be reserved for
SC/STs and women in a manner to be prescribed the state
legislatures.
The reservation of SC/STs shall be in proportion to the population
of SC/STs in the state.

Constitution (One Hundred and Thirteenth Amendment) Bill,

2010
The latest amendment bill is Constitution (One Hundred and
Thirteenth Amendment) Bill, 2010 which was introduced on
March 15, 2010. The Current Status of this bill is : pending
Background: The Government of Orissa had forwarded to the
Central Government in December 2008, the Resolution passed by
the Legislative Assembly of Orissa on 28th August, 2008 that, inter
alia, the name of the language specified as "Oriya", in the Eighth
Schedule of Constitution be changed as "Odia" and translation of
the word "Odia" in Hindi language should be revised as " ????? "
accordingly and authorised the Government of Orissa to place the
matter before Government of India for change of name of the State
and change of language of the State and change of their Hindi
translations. The Constitution (One Hundred and Thirteenth
Amendment) Bill, 2010 seeks to change of name of the language
mentioned in the Eighth Schedule of the Constitution of India,
from 'Oriya' to 'Odia'.
Please note that the bill that seeks to change the name of Orissa to
Odisha is Orissa (Alteration of Name) Act, 2010. This bill is
pending in the Lok Sabha.

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