Professional Documents
Culture Documents
What Is Constitution 95th Amendment Bill 2003?
What Is Constitution 95th Amendment Bill 2003?
What Is 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 Bill was passed in Lok Sabha
on May 7, 2003. (link) . After coming into effect as Constitution (88th Amendment Act 2003, this
amendment act has inserted article 268A and amended article 270. It inserted in the Union List Item
92 C 'taxes on services"
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.
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).
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.
Background: Through this amendment article 334 of the Constitution, for the words "sixty years",
the words "seventy years" shall be substituted.
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
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.
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.
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
Which is Latest Amendment Bill / What is 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 " ओिडया "
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'.